Uttar Pradesh Judiciary Mock Test 1 — Questions & Solutions
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The classical dance form Sattriya, recognised as classical by the Sangeet Natak Akademi in 2000, is associated with which state?
aOdisha
bManipur
cAssam
dKerala
Answer: C
Sattriya originated in the Vaishnavite monasteries (Sattras) of Assam, founded by saint Srimanta Sankardeva, and was recognised as a classical dance form by the Sangeet Natak Akademi on 15 November 2000.
The Great Stupa at Sanchi, one of the oldest stone structures in India, was originally commissioned by which Mauryan emperor?
aChandragupta Maurya
bAshoka
cBrihadratha
dBindusara
Answer: B
The Great Stupa at Sanchi was originally built in the 3rd century BCE by Emperor Ashoka; the Buddhist monuments at Sanchi are a UNESCO World Heritage Site.
Pattachitra, a cloth-based scroll painting tradition depicting Lord Jagannath and Krishna legends, is chiefly associated with which state?
aAndhra Pradesh
bOdisha
cTamil Nadu
dRajasthan
Answer: B
Pattachitra is a traditional cloth-based scroll painting of Odisha (and West Bengal), known for mythological themes especially the life of Lord Jagannath and Krishna.
As of the October 2024 Cabinet decision, how many languages enjoy 'Classical Language' status in India?
aEleven
bNine
cSix
dFourteen
Answer: A
After Marathi, Pali, Prakrit, Assamese and Bengali were added in October 2024 to the earlier six, the total number of Classical Languages became eleven.
On which date did Chandrayaan-3's lander module make its historic soft landing near the Moon's south polar region, making India the first country to land there?
a23 August 2022
b14 July 2023
c22 October 2023
d23 August 2023
Answer: D
ISRO's Chandrayaan-3 (lander Vikram, rover Pragyan) soft-landed on 23 August 2023, making India the fourth country to land on the Moon and the first near the lunar south pole.
India's first dedicated solar mission, Aditya-L1, was placed in a halo orbit around which point?
aSun-Earth Lagrange Point 2 (L2)
bA low Earth orbit
cSun-Earth Lagrange Point 1 (L1)
dA lunar polar orbit
Answer: C
Aditya-L1, launched on 2 September 2023, was inserted into a halo orbit around the Sun-Earth Lagrange Point 1 (L1) on 6 January 2024, about 1.5 million km from Earth.
On 21 June 2023, India became a signatory to which US-led framework for principles governing civil space exploration?
aThe Outer Space Treaty
bThe Moon Agreement
cThe Wassenaar Arrangement
dThe Artemis Accords
Answer: D
India signed the Artemis Accords on 21 June 2023, becoming the 27th nation to do so, formalising space-cooperation principles with the United States/NASA.
The three new criminal laws that replaced the IPC, CrPC and Indian Evidence Act came into force on:
a26 January 2024
b1 July 2024
c15 August 2023
d1 April 2024
Answer: B
The Bharatiya Nyaya Sanhita, Bharatiya Nagarik Suraksha Sanhita and Bharatiya Sakshya Adhiniyam came into effect on 1 July 2024, replacing the IPC, CrPC and Indian Evidence Act respectively.
In its February 2024 verdict, the Supreme Court struck down the Electoral Bonds Scheme primarily for violating which constitutional right?
aThe right to life under Article 21
bThe right to equality under Article 14
cThe right to information of voters under Article 19(1)(a)
dThe right to freedom of religion under Article 25
Answer: C
In Association for Democratic Reforms v. Union of India (15 Feb 2024), the Supreme Court held the Electoral Bonds Scheme unconstitutional for violating voters' right to information under Article 19(1)(a).
The 106th Constitutional Amendment Act, 2023 (Nari Shakti Vandan Adhiniyam) provides for the reservation of what proportion of seats for women in the Lok Sabha and State Legislative Assemblies?
aOne-half
bOne-third
cOne-tenth
dOne-fourth
Answer: B
The Nari Shakti Vandan Adhiniyam reserves, as nearly as may be, one-third (33%) of directly elected seats in the Lok Sabha and State Assemblies for women.
Implementation of the women's reservation under the Nari Shakti Vandan Adhiniyam is contingent on the completion of which two exercises?
aA new census and delimitation of constituencies
bA referendum and a constitutional review
cElectoral roll revision and EVM verification
dA national consultation and a Supreme Court reference
Answer: A
The Act states that the reservation shall take effect only after delimitation of constituencies undertaken on the basis of the first census conducted after the Act's commencement.
Which state became the first in independent India to implement a Uniform Civil Code, with the law coming into force on 27 January 2025?
aGujarat
bUttarakhand
cAssam
dMadhya Pradesh
Answer: B
Uttarakhand became the first state in independent India to implement a Uniform Civil Code; the UCC of Uttarakhand, 2024 came into force on 27 January 2025.
NEP 2020 recommends that, wherever possible, the medium of instruction until at least Grade 5 (and preferably Grade 8) should be the:
aHome language/mother tongue or local/regional language
bEnglish language only
cHindi language only
dSanskrit language
Answer: A
NEP 2020 emphasises using the home language/mother tongue or local/regional language as the medium of instruction at least until Grade 5, preferably till Grade 8.
As per the 'Status of Tigers in India 2022' estimation, the average estimated tiger population in India was about:
a1,411
b3,682
c2,967
d5,167
Answer: B
The All India Tiger Estimation 2022 put the minimum number at 3,167 (camera-trapped) and the average estimate at about 3,682 tigers (upper limit 3,925).
Under 'Project Cheetah', the first batch of eight cheetahs introduced into Kuno National Park in September 2022 were brought from which country?
aNamibia
bTanzania
cBotswana
dKenya
Answer: A
On 17 September 2022, eight cheetahs from Namibia were released in Kuno National Park, Madhya Pradesh — the world's first intercontinental translocation of a large carnivore.
At the 2023 New Delhi G20 Summit, which regional bloc was admitted as a new permanent member of the G20?
aASEAN
bThe Arab League
cSAARC
dThe African Union
Answer: D
Under India's presidency, the African Union (a 55-member bloc) was admitted as a permanent member of the G20, becoming only the second regional bloc after the EU.
India's new Parliament building was inaugurated by the Prime Minister on:
a28 May 2023
b26 January 2023
c15 August 2023
d26 November 2022
Answer: A
The new Parliament building, part of the Central Vista redevelopment, was inaugurated on 28 May 2023, with the Sengol installed in the Lok Sabha chamber.
The historical sceptre installed in the new Lok Sabha chamber, symbolising the 1947 transfer of power, is known as the:
aAshoka Danda
bRajdand
cKalsa
dSengol
Answer: D
The 'Sengol', a golden sceptre associated with the August 1947 transfer of power to Jawaharlal Nehru, was installed in the new Lok Sabha chamber in May 2023.
On 11 December 2023, the Supreme Court of India delivered a verdict upholding the abrogation of which constitutional provision relating to Jammu and Kashmir?
aArticle 35A only
bArticle 370
cArticle 356
dArticle 371
Answer: B
On 11 December 2023, the Supreme Court upheld the 2019 abrogation of Article 370, holding it to be a temporary provision.
The Jammu and Kashmir Reorganisation Act, 2019 bifurcated the former state into which two Union Territories?
aJammu and Kashmir; and Ladakh
bJammu; and Kashmir Valley
cKashmir; and Gilgit-Baltistan
dJammu and Kashmir; and Leh
Answer: A
The 2019 Act bifurcated the state into the Union Territory of Jammu and Kashmir (with a legislature) and the Union Territory of Ladakh (without a legislature).
The PM Vishwakarma Scheme, launched in September 2023, provides holistic support to artisans and craftspeople engaged in how many traditional trades?
a10 trades
b18 trades
c24 trades
d30 trades
Answer: B
The PM Vishwakarma Scheme, launched on 17 September 2023, covers artisans and craftspeople of 18 traditional trades (such as carpentry, blacksmithing, pottery, tailoring).
In 2024 the Union Cabinet expanded Ayushman Bharat PM-JAY to provide free health cover to all senior citizens irrespective of income above which age?
a60 years
b70 years
c65 years
d75 years
Answer: B
On 11 September 2024 the Cabinet approved extending AB PM-JAY health cover of Rs 5 lakh to all senior citizens aged 70 years and above, irrespective of income.
In the 2024 Lok Sabha elections, which party emerged as the single largest party with 240 seats?
aIndian National Congress
bSamajwadi Party
cAll India Trinamool Congress
dBharatiya Janata Party
Answer: D
In the 2024 general election the Bharatiya Janata Party (BJP) emerged as the single largest party with 240 seats; the NDA secured a majority and the Congress won 99 seats.
The Census of India 2027, whose first official notification was issued in 2025, will be notable as India's first census to be conducted:
aEntirely by postal survey
bWithout any caste enumeration
cDigitally, with self-enumeration option, and including caste enumeration
dOnly in urban areas
Answer: C
Census 2027 is planned as India's first digital census (with a self-enumeration option) and, as decided by the CCPA, will include caste enumeration for the first time since 1931.
On the recommendations of which commission was the Reserve Bank of India established under the Reserve Bank of India Act, 1934?
aMudaliar Commission
bChamberlain Commission
cSarkaria Commission
dHilton Young Commission
Answer: D
The RBI was established on the recommendations of the Hilton Young Commission (Royal Commission on Indian Currency and Finance, 1926) and began operations on 1 April 1935.
In which year was the Reserve Bank of India nationalised, i.e., transferred to public ownership?
a1969
b1947
c1935
d1949
Answer: D
Although established in 1935 as a privately owned bank, the RBI was nationalised on 1 January 1949 under the Reserve Bank of India (Transfer to Public Ownership) Act, 1948.
The Second Five-Year Plan (1956-61), which emphasised rapid industrialisation through heavy industries, was based on the model devised by:
aP.C. Mahalanobis
bV.K.R.V. Rao
cD.R. Gadgil
dAmartya Sen
Answer: A
The Second Five-Year Plan was based on the Mahalanobis model, named after statistician P.C. Mahalanobis, stressing development of heavy and capital goods industries.
In India, one-rupee notes and coins are issued by which authority?
aReserve Bank of India
bThe Ministry of Finance, Government of India
cState Bank of India
dNITI Aayog
Answer: B
While the RBI issues all currency notes of Rs.2 and above, the one-rupee note and coins are issued by the Ministry of Finance, Government of India (one-rupee note bears the Finance Secretary's signature).
Under which system does the Reserve Bank of India issue currency notes since 1957?
aProportional Reserve System
bCurrency Board System
cFixed Fiduciary System
dMinimum Reserve System
Answer: D
Since 1957 the RBI follows the Minimum Reserve System, under which it must keep a minimum reserve of Rs.200 crore (Rs.115 crore in gold and Rs.85 crore in foreign securities).
Under whose Prime Ministership and as part of whose finance ministership were the major economic reforms (LPG) of 1991 launched in India?
aP.V. Narasimha Rao as PM and Manmohan Singh as FM
bMorarji Desai as PM and H.M. Patel as FM
cAtal Bihari Vajpayee as PM and Yashwant Sinha as FM
dRajiv Gandhi as PM and V.P. Singh as FM
Answer: A
The 1991 New Economic Policy (Liberalisation, Privatisation, Globalisation) was launched under PM P.V. Narasimha Rao with Dr. Manmohan Singh as Finance Minister.
The Green Revolution in India, launched in the mid-1960s, was associated primarily with the increased production of which crop in its initial phase?
aRice
bSugarcane
cCotton
dWheat
Answer: D
The Green Revolution in India initially centred on high-yielding varieties of wheat (notably in Punjab and Haryana), associated with M.S. Swaminathan and Norman Borlaug.
Who is widely regarded as the 'Father of the Green Revolution in India'?
aM.S. Swaminathan
bVerghese Kurien
cNorman Borlaug
dP.C. Mahalanobis
Answer: A
Dr. M.S. Swaminathan is regarded as the Father of the Green Revolution in India; Norman Borlaug is considered the father of the Green Revolution worldwide, and Kurien led the White Revolution (dairy).
The National Bank for Agriculture and Rural Development (NABARD) was established in which year?
a1969
b1982
c1975
d1991
Answer: B
NABARD was established on 12 July 1982 on the recommendations of the Shivaraman Committee (CRAFICARD) as the apex development bank for agriculture and rural development.
The International Monetary Fund (IMF) and the World Bank (IBRD) were conceived at which 1944 conference?
aGeneva Conference
bYalta Conference
cSan Francisco Conference
dBretton Woods Conference
Answer: D
The IMF and the IBRD (World Bank) were conceived at the Bretton Woods Conference (UN Monetary and Financial Conference) held in July 1944 in New Hampshire, USA.
Under which Article of the Constitution of India is the 'Annual Financial Statement' (Union Budget) laid before Parliament?
aArticle 112
bArticle 110
cArticle 280
dArticle 360
Answer: A
Article 112 requires the President to cause the Annual Financial Statement (Union Budget) of estimated receipts and expenditure to be laid before Parliament for each financial year.
The poverty line methodology that fixed the poverty line at about Rs.27 per day (rural) and Rs.33 per day (urban) for 2011-12 was recommended by which committee?
aRangarajan Committee
bTendulkar Committee
cLakdawala Committee
dDandekar-Rath Committee
Answer: B
The Suresh Tendulkar Committee methodology set the 2011-12 poverty line at about Rs.27 (rural) and Rs.33 (urban) per capita per day, estimating 21.9% of Indians as poor.
The first official estimate of India's national income after independence was prepared by the National Income Committee (1949) headed by:
aDadabhai Naoroji
bD.R. Gadgil
cV.K.R.V. Rao
dP.C. Mahalanobis
Answer: D
The National Income Committee constituted in 1949 was chaired by P.C. Mahalanobis (with V.K.R.V. Rao and D.R. Gadgil as members) and gave the first official national income estimates.
Who is credited with the first attempt to estimate India's national income (per capita income) in 1867-68?
aR.C. Dutt
bDadabhai Naoroji
cV.K.R.V. Rao
dWilliam Digby
Answer: B
Dadabhai Naoroji made the first attempt to estimate India's national income (1867-68) in his work 'Poverty and Un-British Rule in India', estimating per capita income at about Rs.20.
The Statutory Liquidity Ratio (SLR) is maintained by commercial banks in the form of:
aCash balances kept only with the RBI
bForeign currency reserves only
cLiquid assets such as cash, gold and approved government securities held by the bank itself
dLoans advanced to priority sectors
Answer: C
SLR is the minimum percentage of Net Demand and Time Liabilities that a bank must maintain in the form of liquid assets such as cash, gold and approved (government) securities with itself.
Under the Wild Life (Protection) Act, 1972, the highest degree of legal protection (absolute protection) for species such as the tiger is provided under which Schedule?
aSchedule V
bSchedule II
cSchedule III
dSchedule I
Answer: D
Schedule I of the Wild Life (Protection) Act, 1972 provides absolute protection to species such as the tiger, with the most stringent penalties.
Which animal has been declared India's 'National Heritage Animal'?
aAsian Elephant
bTiger
cLion
dOne-horned Rhinoceros
Answer: A
The Asian Elephant (Elephas maximus) was declared the National Heritage Animal of India by the MoEF in 2010, on the recommendation of the Standing Committee of the National Board for Wildlife.
India's first national park (now part of a tiger reserve), established in 1936, was originally named which of the following?
aKanha National Park
bBandipur National Park
cKaziranga National Park
dHailey National Park
Answer: D
India's first national park was established in 1936 as Hailey National Park (named after Sir Malcolm Hailey); it was later renamed Corbett National Park.
The Forest (Conservation) Act, which restricts the de-reservation of forests and use of forest land for non-forest purposes, was enacted in which year?
a1980
b1974
c1972
d1986
Answer: A
The Forest (Conservation) Act, 1980 regulates the diversion of forest land for non-forest purposes and requires prior approval of the Central Government.
Which is the highest mountain peak situated entirely within the territory of India (not on any international border)?
aNanda Devi
bK2 (Godwin Austen)
cMount Everest
dKanchenjunga
Answer: A
Nanda Devi (7,816 m) in Chamoli district, Uttarakhand, is the highest peak lying wholly within India; Kanchenjunga lies on the India-Nepal border and K2 lies in the Pakistan/China-administered Karakoram.
Under Section 2(1) of the Bharatiya Sakshya Adhiniyam, 2023 (BSA), a fact is said to be 'proved' when, after considering the matters before it, the Court either believes it to exist or
aconsiders its existence so probable that a prudent man ought, under the circumstances of the particular case, to act upon the supposition that it exists
bpresumes its existence because no evidence has been led to disprove it
cfinds that its existence has been admitted by the opposite party in the pleadings
dis satisfied of its existence beyond all reasonable doubt in every case, whether civil or criminal
Answer: A
The definition clause in Section 2(1) of the BSA defines 'proved' by the prudent-man standard: a fact is proved when the Court believes it exists or considers its existence so probable that a prudent man ought to act on the supposition that it exists. Proof beyond reasonable doubt is the criminal standard of appreciation, not the statutory definition itself.
Where one fact is declared by the Bharatiya Sakshya Adhiniyam, 2023 (BSA) to be 'conclusive proof' of another, the Court
amay, on proof of the one fact, regard the other as proved unless and until it is disproved
bshall, on proof of the one fact, regard the other as proved and shall not allow evidence to be given for the purpose of disproving it
cshall presume the other unless the party interested calls for proof of it
dshall regard the other as proved but may allow rebuttal evidence in criminal cases only
Answer: B
Under the definition of 'conclusive proof' in Section 2(1) of the BSA, when one fact is conclusive proof of another, the Court must regard the other as proved and shall NOT allow evidence to be given to disprove it. The 'unless and until disproved' formula belongs to 'may presume'/'shall presume', not 'conclusive proof'.
A statement made by a person as to the cause of his death, or as to any circumstances of the transaction which resulted in his death, is relevant under Section 26(a) of the Bharatiya Sakshya Adhiniyam, 2023 (BSA)
aonly if the person was under expectation of death when the statement was made
bonly in a trial for murder or culpable homicide and not in any civil proceeding
cwhether or not the person was, at the time of making it, under expectation of death, and whatever may be the nature of the proceeding in which the cause of his death comes into question
donly if the statement was recorded by a Magistrate
Answer: C
Unlike English law, Section 26(a) of the BSA does not require that the declarant be under expectation of death, and the statement is relevant in any proceeding where the cause of death is in question (including civil suits). Recording by a Magistrate is not a precondition of relevancy.
Where, in consequence of information received from an accused person in the custody of a police officer, a fact is discovered, the proviso to Section 23(2) of the Bharatiya Sakshya Adhiniyam, 2023 (BSA) permits proof of
athe entire information given by the accused, whether or not it amounts to a confession
bthe information only if it was recorded in writing and signed by the accused
cso much of such information, whether it amounts to a confession or not, as relates distinctly to the fact thereby discovered
donly that part of the information which does not amount to a confession
Answer: C
The proviso to Section 23(2) of the BSA is an exception to the bar on confessions in police custody and lets in only 'so much of such information... as relates distinctly to the fact thereby discovered', regardless of whether it amounts to a confession. The whole statement is not admissible.
A confession made by an accused person to a police officer
amay be proved only if it leads to the discovery of a fact
bmay be proved if made in the immediate presence of a Magistrate
cshall not be proved as against a person accused of any offence
dmay be proved if the police officer is of the rank of Inspector or above
Answer: C
Section 23(1) of the BSA lays down an absolute bar: no confession made to a police officer shall be proved against the accused. The 'immediate presence of a Magistrate' relaxation in clause (b) belongs to Section 23(2) BSA (confession in police custody), not to Section 23(1).
Under Section 22 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA), a confession is irrelevant in a criminal proceeding when it appears to the Court to have been caused by an inducement, threat, coercion or promise which
ahas reference to the charge against the accused and proceeds from a person in authority, being sufficient to give the accused reasonable grounds for supposing he would gain an advantage or avoid an evil of a temporal nature
bis made after the accused has been formally charged before a Magistrate
cproceeds from any private person unconnected with the case
drelates to a spiritual or religious advantage held out to the accused
Answer: A
Section 22 of the BSA renders a confession irrelevant where the inducement, threat, coercion or promise (i) has reference to the charge, (ii) proceeds from a person in authority, and (iii) is sufficient to give the accused reasonable grounds for supposing he would gain a temporal advantage or avoid a temporal evil. A spiritual exhortation does not fall within Section 22.
'When any fact is especially within the knowledge of any person, the burden of proving that fact is upon him.' This rule is contained in
aSection 109 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA)
bSection 106 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA)
cSection 104 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA)
dSection 108 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA)
Answer: A
This is the exact language of Section 109 of the BSA. Section 104 lays down the general rule of burden of proof, Section 106 deals with burden as to a particular fact, and Section 108 deals with the burden of proving that the accused's case falls within a General Exception.
When a person is accused of an offence and claims the benefit of a General Exception in the Bharatiya Nyaya Sanhita, the burden of proving the existence of circumstances bringing the case within that exception
anever shifts and is always discharged by mere plea
bis upon the accused, and the Court shall presume the absence of such circumstances
cremains throughout on the prosecution beyond reasonable doubt
dis upon the accused only where the offence is punishable with death
Answer: B
Under Section 108 of the BSA, where the accused pleads a General Exception (e.g., private defence, insanity), the burden of proving the circumstances is on him, and the Court shall presume the absence of such circumstances. The standard on the accused is preponderance of probabilities, not beyond reasonable doubt.
The fact that a person was born during the continuance of a valid marriage between his mother and any man, or within two hundred and eighty days after its dissolution (the mother remaining unmarried), is, under Section 116 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA),
arelevant only for the purpose of succession and not legitimacy
bconclusive proof of legitimacy unless it is shown that the parties to the marriage had no access to each other at any time when he could have been begotten
cconclusive proof of legitimacy which cannot be displaced by any evidence whatsoever
da may-presume fact of legitimacy
Answer: B
Section 116 of the BSA makes such birth conclusive proof of legitimacy, but the conclusiveness is subject to the single statutory exception of non-access between the spouses at any time when the child could have been begotten. It is therefore not entirely irrebuttable.
In a prosecution for rape under the specified clauses of Section 64(2) of the Bharatiya Nyaya Sanhita, where sexual intercourse by the accused is proved and the woman states in her evidence that she did not consent, Section 120 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA) directs that the Court
ashall regard absence of consent as conclusively proved
bshall presume that she did not consent
cmay presume that she did not consent
dmay presume consent unless the contrary is shown by the prosecutrix
Answer: B
Section 120 of the BSA raises a mandatory 'shall presume' against consent in the enumerated aggravated-rape situations once intercourse is proved and the prosecutrix deposes to absence of consent. It is a rebuttable presumption, not conclusive proof.
When the Court has to form an opinion upon a point of foreign law, or of science or art, or as to identity of handwriting or finger impressions, the opinions of persons specially skilled in such matters are relevant. This is provided in
aSection 47 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA)
bSection 39 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA)
cSection 55 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA)
dSection 72 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA)
Answer: B
Section 39(1) of the BSA makes the opinions of experts on foreign law, science, art, handwriting or finger impressions relevant. Section 47 deals with opinion as to handwriting by persons acquainted with it, Section 55 with oral evidence being direct, and Section 72 with comparison of signatures/writings by the Court.
Following the principle laid down in Anvar P.V. v. P.K. Basheer (2014) 10 SCC 473 (decided under the corresponding earlier provision), secondary evidence of the contents of an electronic record (such as a CD or VCD) under the Bharatiya Sakshya Adhiniyam, 2023 (BSA)
ais admissible if proved by oral evidence of the person who operated the computer
bcan never be admitted in evidence under any circumstances
cis inadmissible unless accompanied by the certificate required under Section 63(4) of the Bharatiya Sakshya Adhiniyam, 2023 (BSA)
dis admissible as documentary evidence even without a certificate under Section 63
Answer: C
Anvar P.V. held that the certificate regime for electronic records is a complete code and that secondary evidence of an electronic record is inadmissible without the statutory certificate; under the BSA this requirement is now contained in Section 63(4). Primary electronic evidence (Section 57 read with Section 58 BSA) needs no such certificate.
Under Section 124 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA), who may testify?
aOnly persons who have attained the age of majority
bAll persons, unless the Court considers that they are prevented from understanding the questions put to them, or from giving rational answers, by tender years, extreme old age, disease, or any other cause of the same kind
cOnly persons who are not interested in the result of the proceeding
dOnly persons who can read and write the language of the Court
Answer: B
Section 124 BSA makes all persons competent to testify; incompetency arises only where a person cannot understand the questions or give rational answers due to tender years, extreme old age, disease or a like cause. There is no minimum age, literacy or disinterestedness requirement for competency.
With respect to the testimony of an accomplice, the Bharatiya Sakshya Adhiniyam, 2023 (BSA) provides under Section 138 that
aan accomplice is not a competent witness and his evidence must always be excluded
ban accomplice may testify only after being granted a pardon
can accomplice is a competent witness but his evidence must be corroborated in every material particular as a rule of law
dan accomplice is a competent witness, and a conviction is not illegal merely because it proceeds upon the corroborated testimony of an accomplice
Answer: D
As ENACTED, Section 138 BSA reads: 'An accomplice shall be a competent witness against an accused person; and a conviction is not illegal if it proceeds upon the corroborated testimony of an accomplice.' The enacted text uses the word 'corroborated' (a departure from the 'uncorroborated' wording of the repealed Section 133 of the Indian Evidence Act, 1872). The need for corroboration in material particulars also flows from the rule of prudence in Illustration (b) to Section 119 BSA, and a pardon is not a precondition of competency.
Under Section 148 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA), where it is intended to contradict a witness by a previous statement made by him in writing,
athe contradiction can be made only in re-examination, not in cross-examination
bthe writing can be used only if it was made on oath
chis attention must, before the writing can be proved, be called to those parts of it which are to be used for the purpose of contradicting him
dthe writing must be shown to and proved against the witness before he can be cross-examined about it
Answer: C
Section 148 BSA allows cross-examination as to previous statements in writing without first showing the writing; but if the witness is to be contradicted by it, his attention must be drawn to the relevant parts before the writing can be proved. The statement need not have been made on oath.
Under the Bharatiya Sakshya Adhiniyam, 2023, which section bars a confession made to a police officer from being proved against a person accused of any offence?
aSection 22
bSection 25
cSection 24
dSection 23
Answer: D
Section 23 of the BSA, 2023 deals with confessions to police: Section 23(1) provides that no confession made to a police officer shall be proved against a person accused of any offence (corresponding to the old Section 25 of the Indian Evidence Act). Section 22 BSA, by contrast, deals with confessions caused by inducement, threat, coercion or promise.
Under the Bharatiya Sakshya Adhiniyam, 2023, the principle that so much of information received from an accused in police custody as relates distinctly to the fact thereby discovered may be proved, is contained in—
aThe proviso to Section 23(2)
bSection 27
cSection 26
dSection 24
Answer: A
In the BSA, 2023 the old Sections 25, 26 and 27 of the Evidence Act are consolidated into Section 23; the proviso to Section 23(2) preserves the 'fact discovered' rule (formerly Section 27 IEA).
A dies of injuries. Before death he tells a Magistrate the name of his assailant and how he was attacked. Under the Bharatiya Sakshya Adhiniyam, 2023, the relevancy of such a statement (dying declaration) falls under—
aSection 32
bSection 27
cSection 26
dSection 33
Answer: C
Statements by persons who cannot be called as witnesses, including dying declarations as to cause of death, are made relevant by Section 26 of the BSA, 2023 (corresponding to the old Section 32 IEA).
Under Section 9 of the Code of Civil Procedure, 1908, the Courts have jurisdiction to try all suits of a civil nature excepting those of which their cognizance is either expressly or impliedly barred. With reference to this provision, which of the following statements is correct?
aThe expression 'civil nature' is wider than the expression 'civil proceeding' used elsewhere in the Code
bThe exclusion of the jurisdiction of a civil court is not to be readily inferred and the burden of proving such exclusion lies on the party asserting it
cA suit relating purely to a religious office to which no fee or property is attached is a suit of a civil nature triable by a civil court
dA civil court can entertain a suit even where a special tribunal has been created and the right and remedy both are created by the special statute
Answer: B
Section 9 lays down that exclusion of civil court jurisdiction must be expressly or by clear implication shown, and the burden lies on the party pleading ouster (Dhulabhai v. State of M.P.). A suit for a religious office without attached fee/property is not maintainable as it is not about civil rights.
Explanation VIII to Section 11 of the Code of Civil Procedure, 1908 (inserted by the Amendment Act of 1976) provides that an issue heard and finally decided by a court of limited jurisdiction, competent to decide such issue, shall operate as res judicata in a subsequent suit. The effect of this Explanation is that:
aA decision of a court of limited jurisdiction can never operate as res judicata in a subsequent suit before a court of unlimited jurisdiction
bRes judicata under Section 11 applies only between courts of co-equal or higher pecuniary jurisdiction
cA decision of a court of limited pecuniary jurisdiction will bar a subsequent suit notwithstanding that such court was not competent to try the subsequent suit
dThe former court must have been competent to try the subsequent suit also for res judicata to apply
Answer: C
Explanation VIII removed the requirement that the former court be competent to try the subsequent suit; a decision of a court of limited jurisdiction competent to decide that issue operates as res judicata even if it could not try the later suit.
A foreign judgment is conclusive under Section 13 of the Code of Civil Procedure, 1908, except in the cases specified therein. Which of the following is NOT a ground on which a foreign judgment ceases to be conclusive under Section 13?
aWhere it has not been pronounced by a court of competent jurisdiction
bWhere it has been obtained by fraud
cWhere the foreign court has applied a rule of procedure different from that prevailing in India
dWhere it sustains a claim founded on a breach of any law in force in India
Answer: C
The six exceptions in Section 13(a) to (f) include want of jurisdiction, not on merits, mistake of international/Indian law, opposed to natural justice, obtained by fraud, and breach of Indian law. A mere difference in procedure is not a ground.
Under the Code of Civil Procedure, 1908, the power of the Supreme Court to transfer any suit, appeal or other proceeding from a High Court or other civil court in one State to a High Court or other civil court in any other State is contained in:
aSection 24
bSection 22
cSection 23
dSection 25
Answer: D
Section 25, as substituted in 1976, empowers the Supreme Court to transfer a case from one State to another if expedient for the ends of justice. Section 24 confers the general transfer power on the High Court and District Court.
Under Order VII Rule 11 of the Code of Civil Procedure, 1908, a plaint shall be rejected in certain cases. Which of the following is a ground for rejection of a plaint under Order VII Rule 11?
aWhere the plaintiff fails to appear on the date of first hearing
bWhere the defendant pleads that the suit is barred by res judicata
cWhere the defendant produces documents showing the claim is false
dWhere the suit appears from the statement in the plaint to be barred by any law
Answer: D
Order VII Rule 11(d) requires rejection where the suit appears from the statement in the plaint to be barred by any law. The plea of res judicata, which requires examining the previous suit record, cannot found a rejection under Rule 11.
Under the proviso to Order VIII Rule 1 of the Code of Civil Procedure, 1908, where the defendant fails to file the written statement within thirty days, he shall be allowed to file it on such other day, as may be specified by the court, for reasons to be recorded in writing, but which shall not be later than:
aOne hundred and twenty days from the date of service of summons
bOne hundred and fifty days from the date of service of summons
cSixty days from the date of service of summons
dNinety days from the date of service of summons
Answer: D
Order VIII Rule 1 allows thirty days to file the written statement, extendable up to ninety days from the date of service of summons. In ordinary (non-commercial) suits this outer limit has been held directory (Kailash v. Nanhku).
A decree was passed ex parte against the defendant. The defendant applies under Order IX Rule 13 of the Code of Civil Procedure, 1908 to set aside the ex parte decree. The court may set aside the decree if it is satisfied that:
aThe ex parte decree is for an amount exceeding the pecuniary jurisdiction of the court
bThe summons was not duly served, or that the defendant was prevented by any sufficient cause from appearing when the suit was called on for hearing
cThe summons was duly served but the defendant had a good defence on merits
dThe defendant has a substantial question of law to be decided
Answer: B
Order IX Rule 13 permits setting aside an ex parte decree where the summons was not duly served or the defendant was prevented by sufficient cause from appearing. The proviso bars setting aside on the ground of irregular service if the defendant had notice in time.
During the pendency of a suit, the sole defendant dies and an application to bring his legal representatives on record is not made within the period of limitation prescribed therefor. Under Order XXII Rule 4 read with the Limitation Act, 1963, the consequence is that:
aThe suit abates as against the deceased defendant
bThe plaintiff is granted a fresh cause of action against the heirs
cThe court must in every case dismiss the suit on merits
dThe suit continues and the decree binds the heirs automatically
Answer: A
Where the right to sue survives but no application to substitute the legal representatives is made within the limitation period (90 days under the Limitation Act, 1963), the suit abates as against the deceased defendant under Order XXII Rule 4.
Under Order XXIII Rule 3 of the Code of Civil Procedure, 1908, where a suit has been adjusted wholly or in part by a lawful agreement or compromise, such agreement or compromise must, after the 1976 amendment, be:
aAttested by two witnesses irrespective of writing
bRegistered under the Registration Act in every case
cOral, recorded in the order sheet by the court
dIn writing and signed by the parties
Answer: D
The 1976 amendment to Order XXIII Rule 3 requires the lawful agreement or compromise to be in writing and signed by the parties before the court records it and passes a decree in accordance therewith.
Under Section 96(4) of the Code of Civil Procedure, 1908, no appeal shall lie, except on a question of law, from a decree in any suit of the nature cognizable by Courts of Small Causes, when the amount or value of the subject-matter of the original suit does not exceed:
aTen thousand rupees
bThree thousand rupees
cFifty thousand rupees
dTwenty-five thousand rupees
Answer: A
Section 96(4), as substituted by the 2002 Amendment, bars a first appeal except on a question of law in small-cause-nature suits where the subject-matter does not exceed ten thousand rupees.
Under Section 100 of the Code of Civil Procedure, 1908, a second appeal lies to the High Court from an appellate decree only:
aOn any question of fact or law arising in the case
bIf the High Court is satisfied that the case involves a substantial question of law
cWhere the valuation of the suit exceeds one lakh rupees
dWhere the lower appellate court has reversed the decree of the trial court
Answer: B
After the 1976 amendment, Section 100 permits a second appeal only where the High Court is satisfied that the case involves a substantial question of law, which must be formulated under Section 100(4).
Under Section 102 of the Code of Civil Procedure, 1908, as substituted by the Amendment Act of 2002, no second appeal shall lie from any decree when the subject-matter of the original suit is for recovery of money not exceeding:
aThree thousand rupees
bOne lakh rupees
cTen thousand rupees
dTwenty-five thousand rupees
Answer: D
Section 102, as substituted with effect from 1 July 2002, bars a second appeal where the subject-matter of the original suit is for recovery of money not exceeding twenty-five thousand rupees.
Under Section 115 of the Code of Civil Procedure, 1908, the High Court may call for the record of any case decided by a subordinate court in which no appeal lies, where such subordinate court appears to have:
aRefused to grant an interim injunction to the plaintiff
bExercised a jurisdiction not vested in it by law, or failed to exercise a jurisdiction so vested, or acted with material irregularity in the exercise of its jurisdiction
cDecided a question of fact wrongly on appreciation of evidence
dAwarded costs against the successful party
Answer: B
Revision under Section 115 lies only on the three jurisdictional grounds: exercise of jurisdiction not vested, failure to exercise vested jurisdiction, or acting illegally/with material irregularity in exercise of jurisdiction. It does not correct mere errors of fact or law.
Where, in any suit, a person claims a right to lodge a caveat so that he may be heard before an application made in the contemplated proceeding is granted, the relevant provision of the Code of Civil Procedure, 1908 is:
aSection 153-A
bSection 151
cSection 148-A
dSection 144
Answer: C
Section 148-A, inserted by the 1976 amendment, confers the right to lodge a caveat; the caveat remains in force for ninety days from the date on which it is lodged.
Rule 5 of Order XV of the Code of Civil Procedure, 1908, as inserted by the U.P. Civil Laws (Amendment) Act, 1972 in its application to Uttar Pradesh, empowers the court in a suit by a lessor for eviction of a lessee to strike off the defence where the defendant fails to:
aProduce the lease deed at the first hearing
bFurnish security for the costs of the suit
cFile his written statement within thirty days of the first hearing
dDeposit the entire amount admitted by him to be due together with interest, and thereafter regularly deposit the monthly amount due, as required by that Rule
Answer: D
Under the U.P. amendment, Order XV Rule 5 requires the tenant-defendant to deposit the entire admitted arrears with interest at or before the first hearing and to keep depositing the monthly amount; default empowers the court to strike off the defence, though this penal power is discretionary and the default must be wilful.
In its application to Uttar Pradesh, Section 115 of the Code of Civil Procedure, 1908 (as amended by U.P. Act No. 46 of 1999, w.e.f. 1.7.2002) confers revisional jurisdiction in cases arising out of original suits of value exceeding one lakh rupees upon-
aThe Court of Small Causes
bThe District Court only
cThe High Court
dThe Commercial Court
Answer: C
By the U.P. amendment to Section 115 CPC, the High Court exercises revision in cases of value exceeding one lakh rupees, while the District Court hears revisions in other cases. The threshold may be raised up to five lakh rupees by notification.
Under Section 96(4) of the Code of Civil Procedure, 1908, in a suit of the nature cognizable by Courts of Small Causes, no appeal shall lie except on a question of law where the value of the subject-matter of the original suit does not exceed-
aFive thousand rupees
bTwenty thousand rupees
cThree thousand rupees
dTen thousand rupees
Answer: D
Section 96(4) bars an appeal except on a question of law from a decree in a small-cause-nature suit where the value of the subject-matter does not exceed ten thousand rupees.
Assertion (A): No appeal lies from a decree passed by the court with the consent of the parties. Reason (R): A party who has consented to the terms of a decree cannot be said to be aggrieved by it. Select the correct answer using the code given below:
aBoth (A) and (R) are true and (R) is the correct explanation of (A)
bBoth (A) and (R) are true but (R) is not the correct explanation of (A)
c(A) is true, but (R) is false
d(A) is false, but (R) is true
Answer: A
Section 96(3) CPC bars an appeal from a consent decree, and the rationale is precisely that a consenting party is not an aggrieved party. Hence (R) correctly explains (A).
Under the Bharatiya Nyaya Sanhita, 2023, when a criminal act is done by several persons in furtherance of the common intention of all, each is liable as if the act were done by him alone. This principle of joint liability is contained in:
aSection 61(1)
bSection 3(4)
cSection 34
dSection 3(5)
Answer: D
Section 3(5) BNS re-enacts the old Section 34 IPC, providing that where a criminal act is done by several persons in furtherance of the common intention of all, each is liable as if it were done by him alone.
In the Bharatiya Nyaya Sanhita, 2023, the definition of 'culpable homicide' and the definition of 'murder' are contained respectively in:
aSections 100 and 101
bSections 101 and 103
cSections 299 and 300
dSections 99 and 100
Answer: A
Under the enacted BNS, culpable homicide is defined in Section 100 and murder in Section 101, corresponding to Sections 299 and 300 of the repealed IPC.
Punishment for murder under the Bharatiya Nyaya Sanhita, 2023 is provided in:
aSection 105
bSection 103
cSection 102
dSection 101
Answer: B
Section 103 BNS prescribes the punishment for murder (death or imprisonment for life, plus fine); Section 101 only defines murder, while Section 105 deals with culpable homicide not amounting to murder.
A provision newly framed in the Bharatiya Nyaya Sanhita, 2023 prescribes that when a group of five or more persons acting in concert commits murder on the ground of race, caste or community, sex, place of birth, language, personal belief or any other ground, each member of that group shall be liable. This 'mob lynching' provision is contained in:
aSection 117(4)
bSection 101(2)
cSection 103(2)
dSection 111(2)
Answer: C
Section 103(2) BNS specifically penalises murder committed by a group of five or more persons on grounds such as race, caste, community, sex or personal belief, prescribing death or imprisonment for life or a term not less than seven years.
'Z', a girl below eighteen years of age, commits suicide. It is proved that 'A' instigated her to do so. Under the Bharatiya Nyaya Sanhita, 2023, abetment of suicide of a child or a person with mental illness is dealt with under:
aSection 108
bSection 106
cSection 306
dSection 107
Answer: D
Section 107 BNS specifically deals with abetment of suicide of a child or a person with mental illness, whereas Section 108 covers general abetment of suicide.
The offence of 'snatching', introduced for the first time in the Bharatiya Nyaya Sanhita, 2023, is defined and punished under:
aSection 304
bSection 309
cSection 303
dSection 356
Answer: A
Section 304 BNS introduces 'snatching' as a distinct offence — theft committed by suddenly, quickly or forcibly seizing movable property — punishable with imprisonment up to three years and fine.
'A' is entrusted by 'B' with certain printing blocks for the purpose of printing 'B's catalogue. 'A' instead uses the same blocks to print the catalogue of a rival firm. Under the Bharatiya Nyaya Sanhita, 2023, 'A' is guilty of:
aCheating under Section 318
bCriminal breach of trust under Section 316
cDishonest misappropriation under Section 314
dTheft under Section 303
Answer: B
Property entrusted to the accused that is dishonestly used in violation of the direction of entrustment constitutes criminal breach of trust, punishable under Section 316 BNS.
Under the Bharatiya Nyaya Sanhita, 2023, the offence of robbery is converted into a graver form when, among other circumstances, it is committed on a highway between sunset and sunrise, raising the maximum imprisonment to fourteen years. The provision dealing with robbery is:
aSection 310
bSection 311
cSection 309
dSection 308
Answer: C
Section 309 BNS defines and punishes robbery; ordinary robbery carries up to ten years, but robbery on a highway between sunset and sunrise is punishable with imprisonment up to fourteen years.
Under the Bharatiya Nyaya Sanhita, 2023, the offence of 'criminal conspiracy' is defined in:
aSection 60
bSection 61(1)
cSection 120A
dSection 62
Answer: B
Section 61(1) BNS defines criminal conspiracy as an agreement of two or more persons to do or cause to be done an illegal act, or a legal act by illegal means; Section 61(2) prescribes the punishment.
Under the Bharatiya Nyaya Sanhita, 2023, the right of private defence of the body extends to the voluntary causing of death of the assailant only in the situations enumerated in:
aSection 35
bSection 38
cSection 37
dSection 39
Answer: B
Section 38 BNS (corresponding to old Section 100 IPC) enumerates the assaults — such as those reasonably causing apprehension of death or grievous hurt — in which the right of private defence of the body extends to causing death.
An assembly of five or more persons becomes an 'unlawful assembly' under the Bharatiya Nyaya Sanhita, 2023 if the common object of the persons composing it falls within the enumerated heads. The definition of unlawful assembly is contained in:
aSection 187
bSection 191
cSection 141
dSection 189
Answer: D
Section 189 BNS defines unlawful assembly (an assembly of five or more persons with a specified common object); Section 191 deals with rioting.
Under the Bharatiya Nyaya Sanhita, 2023, the offence of 'organised crime' and the offence of 'terrorist act' — both introduced into the general penal law — are contained respectively in:
aSections 111 and 113
bSections 111 and 112
cSections 113 and 111
dSections 109 and 110
Answer: A
Section 111 BNS defines and punishes organised crime, while Section 113 deals with terrorist act; Section 112 covers petty organised crime.
'A' intentionally puts 'Z' in fear of grievous hurt and thereby dishonestly induces 'Z' to hand over his gold ring. Under the Bharatiya Nyaya Sanhita, 2023, 'A' has committed:
aTheft under Section 303
bRobbery under Section 309
cCheating under Section 318
dExtortion under Section 308
Answer: D
Putting a person in fear of injury and thereby dishonestly inducing the delivery of property is extortion under Section 308 BNS; it does not become robbery unless the fear is of instant death, hurt or wrongful restraint and the offender is present.
Under the Bharatiya Nyaya Sanhita, 2023, the offence of 'defamation' is contained in:
aSection 318
bSection 499
cSection 354
dSection 356
Answer: D
Section 356 BNS deals with defamation, re-enacting old Sections 499 and 500 IPC, with the same ten exceptions and adding community service as a possible punishment.
'A' and 'B', sharing a common intention to commit dacoity, break into 'Z's house. While inside, 'B' alone fatally stabs 'Z'. Under the Bharatiya Nyaya Sanhita, 2023, the provision under which 'A' may be held vicariously liable for the act of 'B' is contained in -
aSection 61 of the Bharatiya Nyaya Sanhita, 2023
bSection 190 of the Bharatiya Nyaya Sanhita, 2023
cSection 3(5) of the Bharatiya Nyaya Sanhita, 2023
dSection 34 of the Bharatiya Nyaya Sanhita, 2023
Answer: C
The principle of joint liability for acts done by several persons in furtherance of a common intention (formerly Section 34 IPC) is now contained in Section 3(5) of the Bharatiya Nyaya Sanhita, 2023.
Under the Bharatiya Nyaya Sanhita, 2023, where a group of five or more persons acting in concert commits murder on the ground of race, caste, community, sex, place of birth, language or personal belief, each member shall be liable to imprisonment for a term which shall not be less than -
athree years
bfive years
cseven years
dten years
Answer: C
The second part of Section 103 BNS (so-called 'mob lynching' provision) prescribes death or life imprisonment or imprisonment not less than seven years, with fine, for each member of such a group.
Under the Bharatiya Nagarik Suraksha Sanhita, 2023, which one of the following Sections corresponds to the order for maintenance of wives, children and parents (the provision that replaced Section 125 of the Code of Criminal Procedure, 1973)?
aSection 146
bSection 144
cSection 148
dSection 125
Answer: B
Section 144 of the BNSS, 2023 re-enacts the maintenance provision for wives, children and parents that was earlier contained in Section 125 of the CrPC, 1973.
Match List-I (provision under BNSS, 2023) with List-II (subject-matter) and select the correct answer using the code given below: List-I: A. Section 35 B. Section 47 C. Section 144 D. Section 482. List-II: 1. Person arrested to be informed of grounds of arrest and of right to bail 2. When police may arrest without warrant 3. Direction for grant of bail to person apprehending arrest 4. Order for maintenance of wives, children and parents. Code:
aA-2, B-1, C-3, D-4
bA-2, B-1, C-4, D-3
cA-1, B-2, C-4, D-3
dA-1, B-2, C-3, D-4
Answer: B
Under the BNSS, 2023, Section 35 deals with arrest by police without warrant, Section 47 with informing the arrestee of grounds of arrest and right to bail, Section 144 with maintenance, and Section 482 with anticipatory (pre-arrest) bail.
Anticipatory bail, i.e. a direction for grant of bail to a person apprehending arrest, is provided under which Section of the Bharatiya Nagarik Suraksha Sanhita, 2023?
aSection 528
bSection 480
cSection 438
dSection 482
Answer: D
Section 482 of the BNSS, 2023 contains the provision for anticipatory bail, corresponding to the erstwhile Section 438 of the CrPC, 1973.
Which Section of the Bharatiya Nagarik Suraksha Sanhita, 2023 confers inherent powers on the High Court (the provision corresponding to Section 482 of the CrPC, 1973)?
aSection 401
bSection 482
cSection 528
dSection 438
Answer: C
Under the BNSS, 2023 the inherent powers of the High Court are found in Section 528, whereas Section 482 of the BNSS now deals with anticipatory bail.
Information relating to a cognizable offence, popularly called the First Information Report (FIR), and now expressly permitting registration irrespective of the place where the offence is committed (Zero FIR) as well as registration through electronic communication, is provided under which Section of the BNSS, 2023?
aSection 173
bSection 180
cSection 154
dSection 176
Answer: A
Section 173 of the BNSS, 2023 replaces Section 154 of the CrPC and expressly recognises Zero FIR and registration of information by electronic means.
Under the BNSS, 2023, the proviso requiring that for offences punishable with death, imprisonment for life or imprisonment for a term of ten years or more the investigation be completed and the police report filed within ninety days (failing which the accused is entitled to default bail) is found in which Section?
aSection 173
bSection 187
cSection 167
dSection 193
Answer: B
Section 187 of the BNSS, 2023 (corresponding to Section 167 of the CrPC) provides for default bail, fixing ninety days for grave offences and sixty days for others.
Assertion (A): Under the BNSS, 2023, a statement made by a witness to a police officer in the course of investigation need not be signed by the person making it. Reason (R): Section 180 of the BNSS expressly provides that no such statement shall be signed by the person making it, nor shall it be used for any purpose save as provided by the Sanhita. Select the correct answer:
a(A) is true but (R) is false
bBoth (A) and (R) are true but (R) is not the correct explanation of (A)
cBoth (A) and (R) are true and (R) is the correct explanation of (A)
d(A) is false but (R) is true
Answer: C
Section 180 of the BNSS, 2023 (corresponding to Section 162 CrPC) bars the signing of statements recorded by the police during investigation, which is precisely why such statements remain unsigned.
Under Section 35(7) of the BNSS, 2023, in the case of an offence punishable with imprisonment for less than three years, a person who is infirm or above sixty years of age shall not be arrested without the prior permission of an officer not below the rank of-
aJudicial Magistrate of the first class
bSuperintendent of Police
cOfficer in charge of a police station
dDeputy Superintendent of Police
Answer: D
Section 35(7) of the BNSS, 2023 requires prior permission of an officer not below the rank of Deputy Superintendent of Police before arresting an infirm person or one above sixty years for an offence punishable with less than three years' imprisonment.
Which one of the following is correctly matched with respect to the BNSS, 2023?
aSection 35 - Arrest how made
bSection 43 - Arrest how made
cSection 47 - Arrest by Magistrate
dSection 528 - Anticipatory bail
Answer: B
Under the BNSS, 2023, Section 43 prescribes the mode of effecting an arrest ('arrest how made'); Section 35 deals with arrest without warrant, Section 47 with grounds of arrest, and Section 528 with inherent powers of the High Court.
Mercy petition in death sentence cases is, for the first time, given statutory recognition in the BNSS, 2023. A convict under sentence of death may file a mercy petition before the President or the Governor within how many days of being informed by the Superintendent of jail about the dismissal of his appeal/review/SLP or confirmation of the death sentence?
aSeven days
bThirty days
cFifteen days
dSixty days
Answer: B
Section 472 of the BNSS, 2023 newly provides that a mercy petition may be filed within thirty days of the jail Superintendent's intimation; on rejection by the Governor, a petition to the President must follow within sixty days.
Under Section 176 of the BNSS, 2023, in respect of an offence punishable with imprisonment for seven years or more, it is now mandatory that-
aa forensic expert visit the crime scene to collect forensic evidence and videograph the process
bthe investigation be completed within fifteen days
cthe accused be produced before the Sessions Court within twenty-four hours
dthe trial be conducted in camera
Answer: A
Section 176 of the BNSS, 2023 makes it mandatory, for offences punishable with seven years' imprisonment or more, for a forensic expert to visit the crime scene to collect forensic evidence and to videograph the process on a mobile phone or electronic device.
Cognizance of an offence by a Magistrate of the first class (and any Magistrate of the second class specially empowered) upon receiving a complaint, upon a police report, or upon information received from any person other than a police officer, is dealt with under which Section of the BNSS, 2023?
aSection 223
bSection 190
cSection 210
dSection 200
Answer: C
Section 210 of the BNSS, 2023 corresponds to Section 190 of the CrPC and provides for the taking of cognizance of offences by Magistrates.
Match List-I (subject-matter) with List-II (Section of the BNSS, 2023) and select the correct answer using the code given below: List-I: A. First Information Report B. Default bail on failure to complete investigation in time C. Mercy petition in death sentence cases D. Inherent powers of the High Court. List-II: 1. Section 528 2. Section 173 3. Section 472 4. Section 187. Code:
aA-1, B-4, C-3, D-2
bA-2, B-4, C-1, D-3
cA-2, B-3, C-4, D-1
dA-2, B-4, C-3, D-1
Answer: D
Under the BNSS, 2023: FIR is Section 173, default bail is Section 187, mercy petition is Section 472, and inherent powers of the High Court are in Section 528.
dSection 144 - Maintenance of wives, children and parents
Answer: C
Under the BNSS, 2023, Section 482 deals with anticipatory bail, not inherent powers; the inherent powers of the High Court are contained in Section 528, so option (c) is the wrongly matched pair.
Under the BNSS, 2023, the obligation of a person arrested without warrant to be informed forthwith of the grounds of his arrest, and where the offence is bailable, of his right to be released on bail, is contained in which Section?
aSection 58
bSection 41
cSection 50
dSection 47
Answer: D
Section 47 of the BNSS, 2023 (corresponding to Section 50 of the CrPC) requires a person arrested without warrant to be informed of the grounds of arrest and, in bailable cases, of the right to bail.
Under the Bharatiya Nagarik Suraksha Sanhita, 2023, an information relating to the commission of a cognizable offence may now be given through electronic communication. Which Section embodies this provision for registration of First Information Report, including by electronic means?
aSection 173
bSection 154
cSection 187
dSection 175
Answer: A
Section 173 BNSS replaces the old Section 154 CrPC and expressly permits information about a cognizable offence to be given electronically (to be signed within three days), reflecting the 'zero FIR' and 'e-FIR' reforms.
Which Section of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with the maximum period of detention of an undertrial prisoner and provides for release on bond after specified portions of the maximum sentence have been undergone?
aSection 479
bSection 480
cSection 436A
dSection 483
Answer: A
Section 479 BNSS (corresponding to the former Section 436A CrPC) governs the maximum period for which an undertrial may be detained; a first-time offender becomes entitled to release on bond after undergoing one-third of the maximum imprisonment.
Under Article 23 of the Charter of the United Nations, the Security Council consists of fifteen members. Of these, the number of non-permanent members elected by the General Assembly is -
aSix
bTen
cEight
dEleven
Answer: B
Article 23 fixes the Security Council at fifteen members - five permanent and ten non-permanent members elected by the General Assembly (raised from six by the 1965 amendment).
Under Article 27 of the U.N. Charter, a decision of the Security Council on a non-procedural (substantive) matter requires an affirmative vote of nine members including -
aAny nine members irrespective of permanent membership
bA two-thirds majority of all members present and voting
cThe concurring votes of all five permanent members
dThe concurring votes of any three permanent members
Answer: C
Article 27(3) requires nine affirmative votes including the concurring votes of the five permanent members for substantive decisions; this is the basis of the veto power.
The sources of international law that the International Court of Justice shall apply are enumerated in which Article of the Statute of the International Court of Justice?
aArticle 38
bArticle 41
cArticle 34
dArticle 36
Answer: A
Article 38(1) of the ICJ Statute lists international conventions, international custom, general principles of law, and (as subsidiary means) judicial decisions and the teachings of qualified publicists.
Under Article 13 of the Statute of the International Court of Justice, the members of the Court are elected for a term of -
aTwelve years
bFive years
cNine years
dSix years
Answer: C
Article 13 of the ICJ Statute provides that judges are elected for nine years and may be re-elected; five of the fifteen seats fall vacant every three years.
Which of the following statements regarding contentious jurisdiction of the International Court of Justice is correct in light of its Statute?
aBoth States and international organisations may be parties in cases before the Court
bOnly members of the United Nations may be parties before the Court
cIndividuals may be parties in cases before the Court
dOnly States may be parties in cases before the Court
Answer: D
Article 34(1) of the ICJ Statute expressly provides that only States may be parties in cases before the Court; individuals and organisations cannot be parties to contentious proceedings.
The International Court of Justice may decide a case ex aequo et bono (according to what is fair and good, going beyond strict legal rules) -
aOnly in advisory proceedings
bIn every contentious case as a matter of course
cOnly if the parties to the dispute agree thereto
dOnly with the prior approval of the Security Council
Answer: C
Article 38(2) of the ICJ Statute permits the Court to decide a case ex aequo et bono only if the parties agree; this power has not yet been exercised by the Court.
Under the Charter of the United Nations, the threat or use of force against the territorial integrity or political independence of any State is prohibited by -
aArticle 2(7)
bArticle 2(3)
cArticle 2(4)
dArticle 51
Answer: C
Article 2(4) of the U.N. Charter prohibits the threat or use of force against the territorial integrity or political independence of any State; it is regarded as a cornerstone of the Charter.
The inherent right of individual or collective self-defence, which arises 'if an armed attack occurs against a Member of the United Nations', is recognised under which Article of the U.N. Charter?
aArticle 51
bArticle 53
cArticle 42
dArticle 39
Answer: A
Article 51 preserves the inherent right of individual or collective self-defence if an armed attack occurs, until the Security Council has taken measures to maintain peace and security.
Under Article 99 of the U.N. Charter, who may bring to the attention of the Security Council any matter which in his opinion may threaten the maintenance of international peace and security?
aThe Secretary-General
bThe President of the International Court of Justice
cThe President of the Economic and Social Council
dThe President of the General Assembly
Answer: A
Article 99 empowers the Secretary-General to bring to the Security Council's attention any matter that may threaten international peace and security; it is regarded as the only independent political power of the office.
Amendments to the U.N. Charter come into force when adopted by a two-thirds vote of the General Assembly and ratified by two-thirds of the members of the United Nations. This is provided in -
aArticle 105
bArticle 110
cArticle 109
dArticle 108
Answer: D
Article 108 requires a two-thirds vote of the General Assembly and ratification by two-thirds of U.N. members, including all five permanent members of the Security Council, for a Charter amendment to enter into force.
Under the U.N. Charter, the admission of a new State to membership of the United Nations is effected by -
aA decision of the General Assembly upon the recommendation of the Security Council
bA decision of the Secretary-General with the consent of the permanent members
cA decision of the International Court of Justice
dA decision of the Security Council alone
Answer: A
Article 4(2) of the U.N. Charter provides that admission of a new State is effected by a decision of the General Assembly upon the recommendation of the Security Council.
Under Article 9 of the Vienna Convention on Diplomatic Relations, 1961, the receiving State may declare a member of the diplomatic staff 'persona non grata' -
aOnly after giving reasons and obtaining consent of the sending State
bOnly after the diplomat has been convicted of a crime
cOnly with the prior approval of the International Court of Justice
dAt any time and without having to explain its decision
Answer: D
Article 9 of the VCDR allows the receiving State, at any time and without explaining its decision, to declare a diplomat persona non grata, whereupon the sending State must recall him or terminate his functions.
Inviolability of the premises of a diplomatic mission, so that agents of the receiving State may not enter them except with the consent of the head of mission, is guaranteed by which Article of the Vienna Convention on Diplomatic Relations, 1961?
aArticle 22
bArticle 29
cArticle 37
dArticle 31
Answer: A
Article 22 of the VCDR declares the premises of the mission inviolable and immune from search, requisition, attachment or execution; Article 29 separately protects the person of the diplomatic agent.
Among the principal organs of the United Nations, which one suspended its operations on 1 November 1994 after the last trust territory (Palau) attained independence?
aThe Economic and Social Council
bThe Military Staff Committee
cThe Trusteeship Council
dThe Secretariat
Answer: C
The Trusteeship Council suspended operations on 1 November 1994 after Palau, the last U.N. trust territory, became independent; it remains a principal organ but no longer meets annually.
Match List-I (concept) with List-II (instrument/provision) and select the correct answer using the codes given below:
List-I: (A) Sources of international law (B) Right of self-defence (C) Veto in Security Council (D) Persona non grata
List-II: (1) Article 51, U.N. Charter (2) Article 9, Vienna Convention on Diplomatic Relations 1961 (3) Article 38, ICJ Statute (4) Article 27, U.N. Charter
aA-3, B-4, C-1, D-2
bA-3, B-1, C-4, D-2
cA-1, B-3, C-2, D-4
dA-2, B-1, C-4, D-3
Answer: B
Sources of international law - Art 38 ICJ Statute; self-defence - Art 51 Charter; veto/voting - Art 27 Charter; persona non grata - Art 9 VCDR 1961.
Under which Article of the Statute of the International Court of Justice are the sources of international law enumerated?
aArticle 59
bArticle 38
cArticle 34
dArticle 36
Answer: B
Article 38(1) of the ICJ Statute lists international conventions, international custom, general principles of law recognised by civilised nations, and (as subsidiary means) judicial decisions and juristic writings.
Which Article of the Statute of the International Court of Justice provides that the Court shall consist of fifteen members, no two of whom may be nationals of the same State?
aArticle 3
bArticle 2
cArticle 13
dArticle 4
Answer: A
Article 3(1) of the ICJ Statute fixes the composition of the Court at fifteen members, and bars two of them from being nationals of the same State.
Under Section 4 of the Indian Contract Act, 1872, the communication of an acceptance is complete as against the proposer-
awhen the acceptor has the means of knowing the acceptance
bwhen the proposer despatches a confirmation to the acceptor
cwhen it is put in a course of transmission to him, so as to be out of the power of the acceptor
dwhen it comes to the knowledge of the proposer
Answer: C
Section 4 provides that communication of acceptance is complete, as against the proposer, when it is put in a course of transmission to him so as to be out of the power of the acceptor; and as against the acceptor, when it comes to the knowledge of the proposer.
In Mohori Bibee v. Dharmodas Ghose, the Privy Council held that an agreement entered into by a minor is-
avoid ab initio
bvalid but unenforceable against the minor
cvoidable at the option of the minor
dvoidable at the option of the other party
Answer: A
Read with Section 11 of the Indian Contract Act, 1872, the Privy Council held that a minor is not competent to contract and therefore an agreement by a minor is void ab initio, not merely voidable.
Where necessaries suited to his condition in life are supplied to a minor, the supplier under Section 68 of the Indian Contract Act, 1872 is entitled to be reimbursed-
afrom the property of the minor
bfrom the minor personally, by way of a personal decree
cboth from the minor personally and from his property
dfrom the guardian of the minor in his personal capacity
Answer: A
Section 68 imposes no personal liability on the minor; the supplier of necessaries is entitled to reimbursement only out of the property of the incapable person.
An agreement made without consideration is valid under Section 25 of the Indian Contract Act, 1872 if it is-
aa promise to do something which the promisor was already bound to do
ba promise to pay any debt, whether or not barred by limitation
cexpressed in writing and registered, and made on account of natural love and affection between parties standing in a near relation to each other
dmade orally on account of natural love and affection between near relations
Answer: C
Under the first exception to Section 25, an agreement without consideration is valid only if it is in writing, registered, and made out of natural love and affection between parties standing in a near relation.
Every agreement by which any party is restricted absolutely from enforcing his rights under a contract by the usual legal proceedings is, to that extent, void under-
aSection 26 of the Indian Contract Act, 1872
bSection 28 of the Indian Contract Act, 1872
cSection 30 of the Indian Contract Act, 1872
dSection 27 of the Indian Contract Act, 1872
Answer: B
Section 28 renders void agreements in restraint of legal proceedings; Section 27 deals with restraint of trade and Section 30 with wagering agreements.
The doctrine of frustration under Indian law, as explained by the Supreme Court in Satyabrata Ghose v. Mugneeram Bangur & Co., is held to be-
agoverned exclusively by Section 32 dealing with contingent contracts
ba rule that renders the contract voidable at the option of the promisee
can aspect of the law relating to discharge by supervening impossibility, falling within Section 56 of the Indian Contract Act, 1872
dan equitable doctrine outside the statute, founded on an implied term
Answer: C
The Supreme Court held that the doctrine of frustration is an aspect of discharge of contract by supervening impossibility or illegality and is governed by the positive rule contained in Section 56, not by any English implied-term theory.
A guarantee which extends to a series of transactions is, under the Indian Contract Act, 1872, called a-
aretrospective guarantee under Section 128
bspecific guarantee under Section 126
cco-extensive guarantee under Section 128
dcontinuing guarantee under Section 129
Answer: D
Section 129 defines a 'continuing guarantee' as one which extends to a series of transactions, as distinguished from a guarantee for a single transaction.
Which of the following persons is NOT entitled to a general lien in the absence of a contract to the contrary under Section 171 of the Indian Contract Act, 1872?
aA wharfinger
bA banker
cA policy-broker
dAn unpaid finder of goods
Answer: D
Section 171 confers a general lien only on bankers, factors, wharfingers, attorneys of a High Court and policy-brokers; a finder of goods has no general lien under that section.
Assertion (A): A contract which ceases to be enforceable by law becomes void when it so ceases to be enforceable. Reason (R): A void agreement and a void contract are identical, both being unenforceable from their very inception. Select the correct answer using the code given below:
a(A) is true, but (R) is false
bBoth (A) and (R) are true but (R) is not the correct explanation of (A)
cBoth (A) and (R) are true and (R) is the correct explanation of (A)
d(A) is false, but (R) is true
Answer: A
Assertion correctly restates Section 2(j). The reason is false: a void agreement under Section 2(g) is void ab initio, whereas a void contract under Section 2(j) was valid when made and only later ceases to be enforceable.
Match List-I (Concept) with List-II (Provision/Authority) and select the correct answer using the code given below the lists: List-I: A. Doctrine of frustration B. Anticipatory breach of contract C. Necessaries supplied to a minor D. General lien. List-II: 1. Section 68 2. Hochster v. De La Tour 3. Section 56 4. Section 171
aA-3, B-2, C-4, D-1
bA-2, B-3, C-4, D-1
cA-1, B-2, C-3, D-4
dA-3, B-2, C-1, D-4
Answer: D
Frustration is governed by Section 56; anticipatory breach is illustrated by Hochster v. De La Tour; necessaries to a minor by Section 68; and general lien by Section 171.
A contract of indemnity under Section 124 of the Indian Contract Act, 1872 is a contract by which one party promises to save the other from loss caused to him-
aby the conduct of any third person but not of the promisor
bby the conduct of the promisor himself or by the conduct of any other person
conly by the conduct of the promisor himself
dby any cause whatsoever, including acts of God and accident
Answer: B
Section 124 confines a contract of indemnity to loss caused by the conduct of the promisor himself or of any other person; loss from accidents or acts of God is not covered by the statutory definition.
An agreement entered into by way of wager is, under Section 30 of the Indian Contract Act, 1872-
aillegal and punishable under the Act
bvoid, and no suit lies for recovering anything won upon any wager
cvalid and enforceable like any other contract
dvoidable at the option of the loser
Answer: B
Section 30 declares wagering agreements void and bars any suit for recovering anything alleged to be won on a wager; a wager is void, not illegal, under the Act.
'A' promises 'B' to drop a prosecution which he has instituted against 'B' for robbery, and 'B' promises to restore the value of the things taken. Under the Indian Contract Act, 1872, this agreement is-
avoid, because the consideration or object is unlawful as being opposed to public policy
bvoid, only because the value of the things taken is uncertain
cvalid, as consideration exists on both sides
dvoidable at the option of B
Answer: A
Under Section 23, stifling a prosecution for a non-compoundable offence is opposed to public policy; the consideration or object being unlawful, the agreement is void.
The substitution of a new contract for an existing one between the same parties, with the result that the old contract need not be performed, is known under Section 62 of the Indian Contract Act, 1872 as-
arescission
bremission
cnovation
dalteration
Answer: C
Section 62 provides that where the parties to a contract agree to substitute a new contract for it, the original contract need not be performed; this substitution is known as novation.
Under Section 5 of the Transfer of Property Act, 1882, the expression 'living person' for the purpose of a transfer of property -
aincludes the State but excludes a company
bincludes a company or association or body of individuals, whether incorporated or not
cmeans only a natural human being and excludes juristic persons
dincludes only an incorporated company and not an unincorporated association
Answer: B
Section 5 expressly declares that 'living person' includes a company or association or body of individuals, whether incorporated or not, so a transfer may be effected by or to such bodies. A transfer is an act by which a living person conveys property to another living person, in present or in future.
Spes successionis, i.e., the mere chance of an heir-apparent succeeding to an estate, is dealt with under the Transfer of Property Act, 1882 in -
aSection 43, which makes it freely transferable
bSection 6(b), as a mere right of re-entry
cSection 6(d), as a right to future maintenance
dSection 6(a), which renders it non-transferable
Answer: D
Section 6(a) provides that the chance of an heir-apparent succeeding to an estate, the chance of a relation obtaining a legacy, and other mere possibilities of a like nature cannot be transferred. Such a mere chance (spes successionis) is therefore non-transferable.
A transfers property to B for life, and after B's death to such of B's sons as shall first attain the age of 25 years. The interest in favour of B's sons -
ais valid because the sons are living at the date of transfer
bis valid as the rule against perpetuity permits a gestation plus 25 years
cis void as it offends the rule against perpetuity under Section 14, the vesting being postponed beyond the minority of the prior interest-holder's issue
dis void only if no son is born during B's lifetime
Answer: C
Section 14 permits postponement of vesting only up to the life of a person living at the date of transfer plus the minority (18 years) of an unborn beneficiary. Fixing the vesting age at 25 exceeds the permissible period of minority and renders the limitation void for offending the rule against perpetuity.
Where a person erroneously represents that he is authorised to transfer certain immovable property and professes to transfer it for consideration, and he subsequently acquires an interest in that property, such interest at the option of the transferee passes to the transferee. This rule of 'feeding the grant by estoppel' is contained in -
aSection 53A
bSection 43
cSection 41
dSection 52
Answer: B
Section 43 embodies the doctrine of feeding the grant by estoppel: a transferor who falsely represents authority to transfer and later acquires title is estopped from denying the earlier transfer, and the transferee may claim the after-acquired interest. It operates in favour of a transferee who acted in good faith for consideration.
The doctrine of lis pendens under Section 52 of the Transfer of Property Act, 1882 provides that during the pendency of a suit in which a right to immovable property is directly in question, the property -
amay be freely transferred, the transferee taking free of the decree
bcannot be transferred at all, and any such transfer is void ab initio
ccannot be transferred so as to affect the rights of any other party, except under the authority of the Court and on terms it may impose
dmay be transferred only with the previous registration of a fresh deed
Answer: C
Section 52 does not make a transfer pendente lite void; the transfer is valid but is subject to and bound by the result of the litigation, and cannot prejudice the rights of any other party except under the authority of the Court. The doctrine prevents parties from defeating the court's decree by alienating the suit property.
Which one of the following is NOT a condition for invoking the doctrine of part performance under Section 53A of the Transfer of Property Act, 1882?
aThe contract for transfer has been duly registered
bThere is a contract to transfer immovable property for consideration, in writing and signed by the transferor
cThe transferee has, in part performance, taken possession or continued in possession and done some act in furtherance of the contract
dThe transferee is willing to perform his part of the contract
Answer: A
Section 53A operates precisely where the formal transfer (including registration) has not been completed; its purpose is to protect a transferee in possession despite the absence of a registered deed. The requisites are a written, signed contract, possession taken or continued in part performance, an act in furtherance, and the transferee's willingness to perform.
Where, with the express or implied consent of the persons interested in immovable property, a person is the ostensible owner and transfers it for consideration, the transfer is not voidable on the ground that the transferor was not authorised, provided the transferee took reasonable care and acted in good faith. This protection is contained in -
aSection 41
bSection 43
cSection 38
dSection 48
Answer: A
Section 41 protects a bona fide transferee for consideration from an ostensible owner who held the property with the consent of the real owner, provided the transferee made reasonable enquiry. It is an exception to the rule that no one can confer a better title than he himself has.
Under the doctrine of election as embodied in Section 35 of the Transfer of Property Act, 1882, where a person professes to transfer property he has no right to transfer and as part of the same transaction confers a benefit on the owner of that property, the owner -
amust accept both the transfer and the benefit together
bmay both retain his property and take the benefit conferred
cmust elect either to confirm the transfer or to dissent from it and retain the benefit, but cannot do both
dautomatically forfeits both the property and the benefit
Answer: C
Section 35 requires the owner to elect: he may either confirm the transfer of his property (and take the benefit conferred) or reject it (in which case he must relinquish the benefit). He cannot approbate and reprobate by keeping both his own property and the benefit.
An interest created on a transfer of property which is made to take effect on the fulfilment of a condition that is forbidden by law fails under -
aSection 23
bSection 31
cSection 34
dSection 25
Answer: D
Section 25 provides that an interest created on a transfer subject to a condition fails if the condition is impossible, forbidden by law, fraudulent, involves injury to the person or property of another, or is immoral or opposed to public policy. Such a conditional transfer is void.
Match List-I (Type of mortgage under Section 58, TPA) with List-II (Essential feature) and select the correct answer using the code given below:
List-I: (A) Simple mortgage (B) Mortgage by conditional sale (C) Usufructuary mortgage (D) English mortgage
List-II: (1) Mortgagee put in possession and authorised to retain rents and profits in lieu of interest/principal (2) Mortgagor binds himself to repay and gives mortgagee the right to cause the property to be sold, without delivering possession (3) Mortgagor ostensibly sells, the sale becoming absolute on default and void on payment (4) Mortgagor absolutely transfers the property with a proviso for re-transfer on repayment
aA-1, B-2, C-3, D-4
bA-2, B-3, C-1, D-4
cA-4, B-3, C-2, D-1
dA-2, B-1, C-4, D-3
Answer: B
Under Section 58: a simple mortgage involves personal liability and a right to sell without possession (2); a mortgage by conditional sale is an ostensible sale that becomes absolute on default (3); a usufructuary mortgage delivers possession and the mortgagee enjoys rents/profits (1); an English mortgage is an absolute transfer with a proviso for re-conveyance on repayment (4).
Any provision in a mortgage deed that has the effect of preventing or impeding the mortgagor from redeeming the mortgaged property after the principal money has become due is -
avoidable at the option of the mortgagee
bvalid only if the period of postponement does not exceed thirty years
cvoid as a clog on the equity of redemption, the right to redeem under Section 60 being inviolable
dvalid as a matter of freedom of contract
Answer: C
Section 60 confers on the mortgagor the right to redeem on payment of the mortgage money, and the maxim 'once a mortgage always a mortgage' renders void any term that operates as a clog on the equity of redemption. The right to redeem cannot be fettered or extinguished by a stipulation in the mortgage itself.
In the absence of a contract to the contrary or local usage, a lease of immovable property for agricultural or manufacturing purposes under Section 106 of the Transfer of Property Act, 1882 shall be deemed to be a lease -
afrom year to year, terminable by six months' notice in writing
bfor a fixed term of eleven months
cfrom month to month, terminable by fifteen days' notice
dat will, terminable without any notice
Answer: A
Section 106 deems a lease for agricultural or manufacturing purposes to be year to year, terminable on six months' notice, while a lease for any other purpose is month to month, terminable on fifteen days' notice. After the 2002 amendment such notice need not terminate with the end of a year or month of the tenancy.
A gift of immovable property under the Transfer of Property Act, 1882 is effected -
aby an unregistered written instrument signed by the donor
bby delivery of possession alone, without any writing
cby an oral declaration accepted by the donee
dby a registered instrument signed by the donor and attested by at least two witnesses
Answer: D
Section 123 requires that a gift of immovable property be made by a registered instrument signed by or on behalf of the donor and attested by at least two witnesses. Delivery of possession suffices only for gifts of movable property.
With respect to revocation of gifts under Section 126 of the Transfer of Property Act, 1882, which of the following statements is correct?
aA gift may be revoked only by a decree of the civil court
bA gift may be revoked at the mere will and pleasure of the donor
cA gift can never be revoked once accepted by the donee
dDonor and donee may agree that the gift shall be revoked on the happening of a specified event not depending on the donor's will, and a gift may also be revoked on grounds on which a contract may be rescinded
Answer: D
Section 126 permits revocation where the parties agree that the gift shall be suspended or revoked on the happening of a specified event not dependent on the donor's will, or on any ground (except failure of consideration) on which a contract may be rescinded. A gift revocable merely at the will of the donor is void.
By which Constitutional Amendment was the right to property deleted from the list of Fundamental Rights and made a constitutional right under Article 300A?
The 44th Amendment Act, 1978 omitted Article 19(1)(f) and Article 31, and inserted Article 300A in Part XII, making the right to property a mere constitutional/legal right rather than a fundamental right.
The reservation of 10 per cent for the Economically Weaker Sections (EWS) was introduced by the insertion of which clauses through the Constitution (One Hundred and Third Amendment) Act, 2019?
aArticles 15(5) and 16(4A)
bArticles 15(6) and 16(4B)
cArticles 15(4) and 16(4)
dArticles 15(6) and 16(6)
Answer: D
The 103rd Amendment, 2019 inserted Article 15(6) (special provisions for EWS in educational institutions) and Article 16(6) (reservation in appointments for EWS); it was upheld in Janhit Abhiyan v. Union of India (2022).
The Tenth Schedule of the Constitution, containing the anti-defection provisions, was inserted by which Amendment, and was held constitutionally valid in which case?
a91st Amendment, 2003; Rajendra Singh Rana v. Swami Prasad Maurya
b52nd Amendment, 1985; Kihoto Hollohan v. Zachillhu (1992)
c44th Amendment, 1978; Kihoto Hollohan v. Zachillhu (1992)
d61st Amendment, 1988; Ravi S. Naik v. Union of India
Answer: B
The Tenth Schedule was inserted by the 52nd Amendment Act, 1985; its validity, and the limited judicial review of the Speaker's decision, was upheld in Kihoto Hollohan v. Zachillhu.
In Supreme Court Advocates-on-Record Association v. Union of India (2015), the Supreme Court struck down the Constitution (Ninety-ninth Amendment) Act and the NJAC Act primarily on the ground that they violated which part of the basic structure?
aIndependence of the judiciary
bParliamentary form of government
cSecularism
dFederalism
Answer: A
By a 4:1 majority the Court held that Article 124A (NJAC) impaired the independence of the judiciary, which forms part of the basic structure, and revived the collegium system.
Arrange the following landmark cases of the Supreme Court in the correct chronological order: (i) Kesavananda Bharati v. State of Kerala (ii) Golaknath v. State of Punjab (iii) Minerva Mills v. Union of India (iv) Indira Nehru Gandhi v. Raj Narain
a(i), (ii), (iii), (iv)
b(ii), (iv), (i), (iii)
c(ii), (i), (iv), (iii)
d(i), (iv), (ii), (iii)
Answer: C
The correct order is Golaknath (1967), Kesavananda Bharati (1973), Indira Nehru Gandhi (1975) and Minerva Mills (1980).
Assertion (A): A High Court can issue writs not only for the enforcement of Fundamental Rights but also for any other purpose. Reason (R): The writ jurisdiction of the High Court under Article 226 is wider than that of the Supreme Court under Article 32. Select the correct answer using the code given below:
a(A) is false, but (R) is true
bBoth (A) and (R) are true but (R) is not the correct explanation of (A)
c(A) is true, but (R) is false
dBoth (A) and (R) are true and (R) is the correct explanation of (A)
Answer: D
Article 226 empowers a High Court to issue writs for enforcement of fundamental rights 'and for any other purpose', making it wider than Article 32, which is confined to fundamental rights.
Under which Article of the Constitution can Parliament, by a resolution of the Council of States supported by not less than two-thirds of the members present and voting, create one or more All India Services common to the Union and the States?
aArticle 310
bArticle 312
cArticle 309
dArticle 311
Answer: B
Article 312 permits creation of fresh All India Services if the Rajya Sabha, by a special two-thirds majority, declares it necessary in the national interest.
Match List-I (Provision) with List-II (Article) and select the correct answer using the code given below: List-I: (A) Equal pay for equal work (B) Uniform Civil Code (C) Organisation of village panchayats (D) Separation of judiciary from executive. List-II: (1) Article 40 (2) Article 39(d) (3) Article 50 (4) Article 44
aA-2, B-4, C-1, D-3
bA-4, B-2, C-3, D-1
cA-1, B-4, C-2, D-3
dA-2, B-3, C-1, D-4
Answer: A
Equal pay for equal work is Article 39(d), Uniform Civil Code is Article 44, village panchayats is Article 40, and separation of judiciary from executive is Article 50.
In which case did the Supreme Court hold that the 'right to vote' and the 'right to contest an election' are statutory rights and not fundamental rights, while the freedom of voting is a facet of the freedom of expression?
aN. P. Ponnuswami v. Returning Officer
bIndira Nehru Gandhi v. Raj Narain
cPUCL v. Union of India
dKuldip Nayar v. Union of India
Answer: D
In Kuldip Nayar v. Union of India (2006) the Court reiterated that the right to vote and to contest are statutory rights flowing from the Representation of the People Act, though voting itself is an expression of opinion.
The bar on interference by courts in electoral matters relating to delimitation and elections to Panchayats is contained in which Article, inserted by the 73rd Amendment?
aArticle 243-O
bArticle 243-ZG
cArticle 329
dArticle 243-K
Answer: A
Article 243-O (inserted by the 73rd Amendment, 1992) bars courts from questioning the validity of delimitation laws and from interfering in Panchayat elections except by an election petition; Article 243-ZG is the analogous bar for Municipalities.
Assertion (A): A Money Bill can be introduced only in the Lok Sabha and only on the recommendation of the President. Reason (R): The Rajya Sabha cannot reject or amend a Money Bill and must return it within fourteen days. Select the correct answer using the code given below:
aBoth (A) and (R) are true and (R) is the correct explanation of (A)
bBoth (A) and (R) are true but (R) is not the correct explanation of (A)
c(A) is true, but (R) is false
d(A) is false, but (R) is true
Answer: B
Both statements are independently true under Articles 109 and 110, but the procedural restriction on the Rajya Sabha is not the explanation for why the Bill originates in the Lok Sabha on the President's recommendation.
Which Article empowers the President to seek the advisory opinion of the Supreme Court on any question of law or fact of public importance?
aArticle 137
bArticle 132
cArticle 145
dArticle 143
Answer: D
Article 143 confers the advisory (consultative) jurisdiction on the Supreme Court, under which the President may refer questions of law or fact; the Court's opinion is not binding.
Match List-I (Subject) with List-II (Schedule) and select the correct answer using the code given below: List-I: (A) Allocation of seats in the Council of States (B) Forms of oaths or affirmations (C) Languages (D) Provisions as to disqualification on ground of defection. List-II: (1) Third Schedule (2) Fourth Schedule (3) Tenth Schedule (4) Eighth Schedule
aA-1, B-2, C-4, D-3
bA-4, B-1, C-2, D-3
cA-2, B-1, C-4, D-3
dA-2, B-1, C-3, D-4
Answer: C
Allocation of Rajya Sabha seats is in the Fourth Schedule, forms of oaths in the Third Schedule, languages in the Eighth Schedule, and anti-defection in the Tenth Schedule.
Which jurist defined jurisprudence as "the science of the first principles of the civil law"?
aHans Kelsen
bRoscoe Pound
cJohn Salmond
dJohn Austin
Answer: C
John Salmond defined jurisprudence as the science of the first principles of the civil law, i.e., the law of the State as applied by courts in the administration of justice.
According to John Austin's command theory, law properly so called is the command of the sovereign backed by a sanction. Which of the following did Austin therefore NOT regard as 'law properly so called'?
aA statute enacted by the legislature
bA regulation issued under delegated authority of the sovereign
cAn order of a competent court
dCustomary law and rules of international law
Answer: D
Austin treated customary law and international law as 'positive morality' rather than law properly so called, since they lack the command of a determinate political sovereign enforced by sanction.
In Hans Kelsen's Pure Theory of Law, the validity of every norm in a legal order is ultimately traced to a single basic presupposed norm. This basic norm is termed:
aGrundnorm
bRatio decidendi
cVolksgeist
dGrundgesetz
Answer: A
Kelsen's Grundnorm is the presupposed basic norm at the apex of the hierarchy of norms; it is not proved but assumed, and confers validity on the entire legal system.
Roscoe Pound's analogy comparing the work of lawyers to that of engineers — balancing competing interests to secure the maximum satisfaction of wants with the minimum of friction and waste — is known as the theory of:
aLiving law
bSocial engineering
cFree legal decision
dSocial solidarity
Answer: B
Pound, the leading sociological jurist, propounded the theory of social engineering, under which law balances individual, public and social interests to minimise friction and maximise satisfaction of wants.
In Hohfeld's scheme of fundamental legal conceptions, what is the jural correlative of a 'right' (claim) in the strict sense?
aPower
bDuty
cImmunity
dLiberty
Answer: B
Hohfeld's jural correlatives are right-duty, privilege(liberty)-no-right, power-liability and immunity-disability; thus the correlative of a right in the strict sense is a duty.
In Hohfeld's analysis of jural relations, the jural opposite of 'power' is:
aLiability
bImmunity
cDuty
dDisability
Answer: D
Hohfeld's jural opposites are right-no-right, privilege-duty, power-disability and immunity-liability; hence the opposite of power is disability (while its correlative is liability).
Who propounded the theory that custom is the expression of the common consciousness or spirit of the people (Volksgeist), and that law is not made but found and grows with the nation?
aSir Henry Maine
bJeremy Bentham
cRudolf von Ihering
dFriedrich Karl von Savigny
Answer: D
Savigny, the founder of the Historical School, held that law is the product of the Volksgeist (spirit of the people) and grows organically with the nation rather than being deliberately made.
The objective theory of possession, which insists that the mental element required is merely the intention to exclude others (animus excludendi) rather than the intention to hold as owner, is associated with:
aSavigny
bRudolf von Ihering
cSalmond
dAustin
Answer: B
Ihering propounded the objective theory of possession, treating possession as control coupled with the intention to hold for one's own benefit, in contrast to Savigny's subjective theory requiring animus domini.
The doctrine of social solidarity, built upon the division of labour and the interdependence of individuals in society, was developed by:
aLeon Duguit
bEugen Ehrlich
cHans Kelsen
dRoscoe Pound
Answer: A
Leon Duguit founded his theory on social solidarity, arguing that interdependence through division of labour is the basic fact of social life and the touchstone for the validity of all law.
In Salmond's classification, a 'corporation sole' is best illustrated by:
aThe office of a single individual, such as the Crown or a Postmaster-General, treated as a continuing legal person
bAn idol or a temple endowment
cA registered company
dA registered partnership firm
Answer: A
A corporation sole is an incorporated series of successive holders of a single office (e.g., the Crown), treated as one perpetual legal person, as distinguished from a corporation aggregate like a company.
The maxim 'ubi jus ibi remedium' (where there is a right, there is a remedy) most directly expresses the relationship in jurisprudence between:
aPossession and ownership
bLaw and morality
cA moral duty and a legal duty
dA legal right and its correlative legal remedy
Answer: D
The maxim reflects that a legal right is meaningful only because the law provides a remedy for its violation, linking the existence of a right to an enforceable remedy.
Which of the following is NOT correctly matched under the Bharatiya Sakshya Adhiniyam, 2023?
aPrimary evidence — Section 57
bOpinion of experts — Section 39
cAdmissibility of electronic records — Section 65B
dSecondary evidence — Section 58
Answer: C
Admissibility of electronic records is governed by Section 63 of the BSA, 2023 (not Section 65B, which was the corresponding provision under the old Indian Evidence Act); the other three pairings are correct.
Under the Bharatiya Sakshya Adhiniyam, 2023, the rule that 'whoever desires any Court to give judgment as to any legal right or liability dependent on the existence of facts which he asserts must prove that those facts exist' is contained in—
aSection 104
bSection 101
cSection 109
dSection 106
Answer: A
Section 104 of the BSA, 2023 lays down the general rule of burden of proof (corresponding to the old Section 101 of the Indian Evidence Act).
Under Section 109 of the Bharatiya Sakshya Adhiniyam, 2023, when a fact is especially within the knowledge of a person, the burden of proving that fact—
alies upon that person
blies on the prosecution in every case
cis always on the party who first asserts it
dnever shifts once fixed by Section 104
Answer: A
Section 109 of the BSA, 2023 provides that when any fact is especially within the knowledge of any person, the burden of proving that fact is upon him (formerly Section 106 IEA).
Under the Bharatiya Sakshya Adhiniyam, 2023, the fact that a child was born during the continuance of a valid marriage between his mother and any man (or within 280 days after its dissolution, the mother remaining unmarried) is, in the absence of proof of non-access, conclusive proof of legitimacy under—
aSection 115
bSection 112
cSection 116
dSection 118
Answer: C
Section 116 of the BSA, 2023 makes birth during marriage conclusive proof of legitimacy unless non-access is shown (corresponding to the old Section 112 IEA).
The presumption that a person caused a dowry death where it is shown that soon before her death the woman was subjected to cruelty or harassment for dowry is contained in which section of the Bharatiya Sakshya Adhiniyam, 2023?
aSection 118
bSection 113A
cSection 113B
dSection 117
Answer: A
Section 118 of the BSA, 2023 contains the presumption as to dowry death (corresponding to the old Section 113B of the Indian Evidence Act).
A notable departure of the Bharatiya Sakshya Adhiniyam, 2023 from the Indian Evidence Act, 1872 is found in Section 138 (accomplice), which now states that a conviction is not illegal merely because it proceeds upon the—
acorroborated testimony of an accomplice
buncorroborated testimony of an accomplice
csole testimony of a hostile witness
dretracted confession of a co-accused
Answer: A
As enacted, Section 138 of the BSA, 2023 changed the word 'uncorroborated' (in old Section 133 IEA) to 'corroborated', so it reads that a conviction is not illegal if it proceeds upon the corroborated testimony of an accomplice.
Which section of the Bharatiya Sakshya Adhiniyam, 2023 provides that no particular number of witnesses shall in any case be required for the proof of any fact?
aSection 142
bSection 137
cSection 134
dSection 139
Answer: D
Section 139 of the BSA, 2023 states that no particular number of witnesses shall in any case be required for the proof of any fact (corresponding to the old Section 134 IEA).
Under the Bharatiya Sakshya Adhiniyam, 2023, a question 'suggesting the answer which the person putting it wishes or expects to receive' is called a leading question and is defined in—
aSection 141
bSection 146
cSection 143
dSection 151
Answer: B
Section 146 of the BSA, 2023 defines a leading question and regulates when it may be asked (corresponding to the old Section 141 IEA).
When a witness called by a party turns hostile, the Court may, under the Bharatiya Sakshya Adhiniyam, 2023, permit that party to put to the witness questions that might be put in cross-examination. This power is conferred by—
aSection 154
bSection 157
cSection 165
dSection 161
Answer: B
Section 157 of the BSA, 2023 ('Question by party to his own witness') empowers the Court to permit the party calling a witness to cross-examine him, i.e. to declare the witness hostile (formerly Section 154 IEA).
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