Uttar Pradesh Judiciary Mock Test 5 — Questions & Solutions
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Who was the Chairman of the Drafting Committee of the Constituent Assembly of India?
aDr. Rajendra Prasad
bDr. B. R. Ambedkar
cJawaharlal Nehru
dSardar Vallabhbhai Patel
Answer: B
Dr. B. R. Ambedkar chaired the seven-member Drafting Committee constituted on 29 August 1947, while Dr. Rajendra Prasad was the President of the Constituent Assembly.
The words 'Socialist', 'Secular' and 'Integrity' were added to the Preamble of the Constitution by which amendment?
a44th Amendment Act, 1978
b42nd Amendment Act, 1976
c52nd Amendment Act, 1985
d1st Amendment Act, 1951
Answer: B
The 42nd Amendment Act, 1976 changed the Preamble to read 'Sovereign Socialist Secular Democratic Republic' and added 'and integrity' to the unity clause.
Dr. B. R. Ambedkar described which Article as the 'heart and soul' of the Constitution?
aArticle 32
bArticle 14
cArticle 21
dArticle 19
Answer: A
Article 32 guarantees the Right to Constitutional Remedies, enabling citizens to move the Supreme Court directly for enforcement of Fundamental Rights; Ambedkar called it the heart and soul of the Constitution.
On what ground can the President of India be removed from office through impeachment under Article 61?
aProved misbehaviour or incapacity
bLoss of confidence of the Lok Sabha
cViolation of the Constitution
dConviction in any criminal case
Answer: C
Article 61 provides that the President may be impeached only for 'violation of the Constitution', on a charge passed by a two-thirds majority of the total membership of each House.
The anti-defection provisions are contained in which Schedule of the Constitution, added by the 52nd Amendment Act, 1985?
aNinth Schedule
bTenth Schedule
cEleventh Schedule
dEighth Schedule
Answer: B
The Tenth Schedule, added by the 52nd Amendment Act, 1985, contains the anti-defection law providing for disqualification of legislators on grounds of defection.
Under Article 226, the power to issue writs for enforcement of Fundamental Rights and for any other purpose is vested in the:
aSupreme Court only
bDistrict Courts
cHigh Courts
dElection Commission
Answer: C
Article 226 empowers the High Courts to issue writs not only for enforcement of Fundamental Rights but also for any other purpose, giving them wider scope than the Supreme Court under Article 32.
The Finance Commission of India is constituted under which Article of the Constitution?
aArticle 324
bArticle 280
cArticle 315
dArticle 263
Answer: B
Article 280 provides for the constitution of a Finance Commission by the President every fifth year (or earlier) to recommend distribution of taxes between the Union and the States.
The superintendence, direction and control of elections in India is vested in the Election Commission under which Article?
aArticle 280
bArticle 324
cArticle 315
dArticle 352
Answer: B
Article 324 vests the superintendence, direction and control of the preparation of electoral rolls and the conduct of elections in the Election Commission of India.
Fundamental Duties were added to the Constitution (as Article 51A, Part IV-A) on the recommendation of which committee?
aSwaran Singh Committee
bBalwant Rai Mehta Committee
cSarkaria Commission
dPunchhi Commission
Answer: A
Fundamental Duties were incorporated by the 42nd Amendment Act, 1976 on the recommendation of the Swaran Singh Committee; originally ten duties were added (an eleventh was added by the 86th Amendment, 2002).
On which date did ISRO's Chandrayaan-3 mission achieve a soft landing on the Moon, making India the first country to land near the lunar south pole?
a23 August 2023
b14 July 2023
c2 September 2023
d6 January 2024
Answer: A
The Vikram lander of Chandrayaan-3 soft-landed in the Moon's southern polar region on 23 August 2023; India became the 4th country to land on the Moon and the first near the south pole.
The landing site of Chandrayaan-3 on the Moon was named by India as:
aStatio Shiv Shakti (Shiv Shakti Point)
bTiranga Point
cJawahar Point
dSarabhai Point
Answer: A
The Chandrayaan-3 touchdown site was named 'Statio Shiv Shakti' (Shiv Shakti Point); the Chandrayaan-2 crash site had earlier been named 'Tiranga Point'.
Aditya-L1, India's first dedicated solar mission, is placed in a halo orbit around which point?
aSun-Earth Lagrange point L2
bSun-Earth Lagrange point L1
cEarth-Moon Lagrange point L1
dGeostationary orbit
Answer: B
Aditya-L1 was placed in a halo orbit around the Sun-Earth Lagrange point 1 (L1), about 1.5 million km from Earth, giving an uninterrupted view of the Sun.
Who was announced in 2024 as one of the four astronaut-designates for India's Gaganyaan mission and later flew on Axiom Mission 4?
aRakesh Sharma
bShubhanshu Shukla
cRavish Malhotra
dAngad Pratap
Answer: B
Group Captain Shubhanshu Shukla, one of the four Gaganyaan astronaut-designates announced in Feb 2024, flew as pilot on Axiom Mission 4 to the ISS in 2025.
Who took charge as the Chairman of ISRO in January 2025, succeeding S. Somanath?
aV. Narayanan
bK. Sivan
cA. S. Kiran Kumar
dP. Veeramuthuvel
Answer: A
Dr. V. Narayanan, formerly Director of the Liquid Propulsion Systems Centre (LPSC), took over as ISRO Chairman and Secretary, Department of Space on 14 January 2025.
Shubhanshu Shukla, who travelled to the ISS aboard Axiom Mission 4 in 2025, became which Indian to travel to space?
aThe first Indian in space
bThe second Indian in space
cThe third Indian in space
dThe fourth Indian in space
Answer: B
Shubhanshu Shukla became the second Indian to travel to space (after Rakesh Sharma in 1984) and the first Indian to visit the International Space Station.
Mission Divyastra (11 March 2024) was India's first flight test of the indigenous Agni-5 missile with MIRV technology, allowing one missile to carry multiple independently targetable warheads.
INS Arighaat, commissioned on 29 August 2024, is India's second Arihant-class nuclear-powered ballistic missile submarine, strengthening the sea-based leg of the nuclear triad.
ISRO's SpaDeX mission, whose docking was achieved on 16 January 2025, demonstrated which capability, making India the fourth country to do so?
aReusable launch vehicle landing
bSoft landing on Mars
cSpace docking of two satellites
dHuman spaceflight
Answer: C
The Space Docking Experiment (SpaDeX) successfully docked two satellites (SDX01 and SDX02) on 16 Jan 2025, making India the fourth nation to demonstrate in-space docking.
India's first semiconductor fabrication (fab) facility, approved under the India Semiconductor Mission, is being built by Tata Electronics (with PSMC) at:
aJagiroad, Assam
bSanand, Gujarat
cDholera, Gujarat
dSri City, Andhra Pradesh
Answer: C
Tata Electronics, in partnership with Taiwan's PSMC, is constructing India's first commercial semiconductor fab at Dholera, Gujarat, with a Rs ~91,000 crore investment.
NISAR is notable for being the first satellite to carry radar operating in which two frequency bands?
aC-band and X-band
bL-band and S-band
cKu-band and Ka-band
dP-band and C-band
Answer: B
NISAR is the first satellite to use dual-frequency Synthetic Aperture Radar — an L-band SAR (NASA) and an S-band SAR (ISRO) — to image Earth's changing surfaces.
In November 2024, DRDO successfully conducted the first flight trial of India's first long-range hypersonic missile off the coast of which state?
aOdisha
bGujarat
cTamil Nadu
dAndhra Pradesh
Answer: A
DRDO flight-tested India's first long-range hypersonic missile (range over 1,500 km) on 16 November 2024 from Dr APJ Abdul Kalam Island off the Odisha coast.
XPoSat, launched by ISRO on 1 January 2024, is a satellite dedicated to the study of:
aX-ray polarimetry of cosmic sources like black holes
bOcean colour
cAtmospheric ozone
dSolar wind
Answer: A
XPoSat (X-ray Polarimeter Satellite) studies the polarisation of X-rays from sources such as black holes and neutron stars; India became the second country (after the US) with such a dedicated mission.
Which scientist is credited with the discovery of the Raman Effect, for which he received the Nobel Prize in Physics in 1930?
aC. V. Raman
bSatyendra Nath Bose
cMeghnad Saha
dHomi J. Bhabha
Answer: A
Sir C. V. Raman discovered the scattering of light known as the Raman Effect and was awarded the Nobel Prize in Physics in 1930; National Science Day (28 February) marks the discovery.
The indigenously developed BrahMos supersonic cruise missile is a joint venture between India and which country?
aFrance
bIsrael
cUnited States
dRussia
Answer: D
BrahMos is a supersonic cruise missile developed jointly by India's DRDO and Russia's NPO Mashinostroyeniya; the name combines the Brahmaputra and Moskva rivers.
Which ISRO mission was India's first interplanetary mission, making India the first country to reach Mars orbit on its maiden attempt?
aChandrayaan-1
bAstrosat
cMangalyaan (Mars Orbiter Mission)
dAditya-L1
Answer: C
The Mars Orbiter Mission (Mangalyaan), launched in November 2013, entered Mars orbit on 24 September 2014, making India the first country to succeed on its first attempt.
The Indian regional satellite navigation system developed by ISRO, providing positioning services over India, is known as:
aNavIC (IRNSS)
bGAGAN
cBHUVAN
dGSAT
Answer: A
NavIC (Navigation with Indian Constellation), formally IRNSS, is ISRO's independent regional satellite navigation system covering India and a region around it.
Who, along with Sanskrit scholar Jagadguru Rambhadracharya, was named a recipient of the 58th Jnanpith Award (for 2023)?
aAmitav Ghosh
bJaved Akhtar
cRuskin Bond
dGulzar
Answer: D
Urdu poet-lyricist Gulzar (Sampooran Singh Kalra) and Sanskrit scholar Jagadguru Rambhadracharya were jointly named recipients of the 58th Jnanpith Award for 2023.
The Nobel Peace Prize 2024 was awarded to the Japanese organisation Nihon Hidankyo for its efforts towards which cause?
aEradication of poverty
bA world free of nuclear weapons
cProtection of refugees
dPress freedom
Answer: B
The Norwegian Nobel Committee awarded the 2024 Peace Prize to Nihon Hidankyo, a grassroots movement of atomic-bomb survivors, for its efforts to achieve a world free of nuclear weapons.
Which country won the ICC Men's Cricket World Cup 2023, defeating India in the final?
aEngland
bNew Zealand
cSouth Africa
dAustralia
Answer: D
Australia beat India by six wickets in the final at the Narendra Modi Stadium, Ahmedabad, on 19 November 2023, to claim their sixth men's World Cup title.
At the Paris 2024 Olympics, Neeraj Chopra won a silver medal in which event?
aLong jump
bShot put
cJavelin throw
dDiscus throw
Answer: C
Neeraj Chopra won silver in the men's javelin throw at Paris 2024, becoming the first Indian track-and-field athlete since independence to win two Olympic medals.
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?
aAshoka
bBindusara
cBrihadratha
dChandragupta Maurya
Answer: A
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
bTamil Nadu
cOdisha
dRajasthan
Answer: C
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?
aSix
bNine
cEleven
dFourteen
Answer: C
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?
a22 October 2023
b14 July 2023
c23 August 2023
d23 August 2022
Answer: C
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)
bSun-Earth Lagrange Point 1 (L1)
cA lunar polar orbit
dA low Earth orbit
Answer: B
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 Artemis Accords
cThe Wassenaar Arrangement
dThe Moon Agreement
Answer: B
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.
A man has sexual intercourse with a woman on a false promise of marriage made by suppressing his identity, the act not amounting to rape. Under the Bharatiya Nyaya Sanhita, 2023, this newly created offence of sexual intercourse by employing deceitful means falls under-
aSection 69
bSection 64
cSection 80
dSection 63
Answer: A
Section 69 BNS is a new offence punishing sexual intercourse by deceitful means or false promise of marriage, employment or promotion; it is distinct from rape (Section 63, punishment in Section 64) and dowry death (Section 80).
The Bharatiya Nyaya Sanhita, 2023 for the first time creates a distinct offence punishing murder committed by a group of five or more persons acting in concert on grounds such as race, caste, community, sex, place of birth, language or personal belief. This provision (popularly described as 'mob lynching') is contained in:
aSection 103(1)
bSection 103(2)
cSection 117(4)
dSection 111
Answer: B
Section 103(2) of the BNS punishes such group murder on discriminatory grounds with death or imprisonment for life, and fine. There was no corresponding stand-alone provision in the IPC.
'A', intending to cause grievous hurt, strikes 'Z' on the head with a lathi; 'Z' dies as a result, though 'A' had neither the intention to cause death nor knowledge that the blow was sufficient in the ordinary course of nature to cause death. Under the Bharatiya Nyaya Sanhita, 2023, 'A' is most appropriately punishable under:
aSection 105 for culpable homicide not amounting to murder
bSection 103 for murder
cSection 106 for causing death by negligence
dSection 109 for attempt to murder
Answer: A
Where death is caused with intention to cause bodily injury likely to cause death but without the special intention/knowledge constituting murder, the act is culpable homicide not amounting to murder, punishable under Section 105 BNS.
Which one of the following pairs under the Bharatiya Nyaya Sanhita, 2023 is NOT correctly matched?
aAbetment of suicide of a person — Section 108
bPunishment for murder by a life-convict — Section 104
cCausing death by negligence — Section 105
dAttempt to murder — Section 109
Answer: C
Causing death by a rash or negligent act not amounting to culpable homicide is dealt with under Section 106 BNS, not Section 105. Section 105 punishes culpable homicide not amounting to murder.
The Bharatiya Nyaya Sanhita, 2023 introduces 'snatching' as a distinct species of theft. 'A', in order to commit theft, suddenly and forcibly grabs a mobile phone from 'Z's hand and runs away. 'A' has committed snatching punishable under:
aSection 304
bSection 309
cSection 303
dSection 318
Answer: A
Section 304 BNS defines and punishes snatching, where the offender suddenly, quickly or forcibly seizes or grabs movable property in order to commit theft. This was a new offence not separately defined in the IPC.
Match List-I (offence under the Bharatiya Nyaya Sanhita, 2023) with List-II (section) and select the correct answer using the code given below: List-I: (A) Theft (B) Extortion (C) Robbery (D) Dacoity. List-II: (1) Section 308 (2) Section 310 (3) Section 303 (4) Section 309.
aA-3, B-1, C-4, D-2
bA-2, B-1, C-4, D-3
cA-3, B-4, C-1, D-2
dA-1, B-3, C-2, D-4
Answer: A
Under the BNS, theft is Section 303, extortion is Section 308, robbery is Section 309 and dacoity is Section 310.
'A', a clerk lawfully entrusted by 'B' with money for purchasing goods, dishonestly uses that money to pay off his own personal debt. Under the Bharatiya Nyaya Sanhita, 2023, the offence committed by 'A' is best described as:
aCheating under Section 318
bCriminal misappropriation
cCriminal breach of trust under Section 316
dTheft under Section 303
Answer: C
Where property is entrusted and then dishonestly converted or misappropriated in violation of the trust, the offence is criminal breach of trust under Section 316 BNS, not theft or cheating.
Under Section 2(7) of the Bharatiya Nyaya Sanhita, 2023, a person is said to do a thing 'dishonestly' when he does it with the intention of causing:
aan act forbidden by law
bdeceit to another person
cinjury to the body of another person
deither wrongful gain to one person or wrongful loss to another person
Answer: D
Section 2(7) BNS defines 'dishonestly' as doing anything with the intention of causing wrongful gain to one person or wrongful loss to another person, carrying forward the old IPC definition.
Under the Bharatiya Nyaya Sanhita, 2023, when a criminal act is done by several persons in furtherance of the common intention of all, each of such persons is liable for that act as if it were done by him alone. This principle of joint liability is contained in:
aSection 34
bSection 61
cSection 3(5)
dSection 190
Answer: C
The principle corresponding to old IPC Section 34 is now found in Section 3(5) of the BNS. Section 61 deals with criminal conspiracy and Section 190 with unlawful assembly liability.
The offence of 'organised crime', introduced for the first time as a substantive offence in the principal penal code of India, is contained in which section of the Bharatiya Nyaya Sanhita, 2023?
aSection 113
bSection 111
cSection 152
dSection 109
Answer: B
Section 111 BNS defines and punishes organised crime. Section 113 deals with terrorist act and Section 152 with acts endangering the sovereignty, unity and integrity of India.
The offence of sedition (old Section 124A IPC) has been omitted and replaced. Acts endangering the sovereignty, unity and integrity of India are now punishable under which section of the Bharatiya Nyaya Sanhita, 2023?
aSection 147
bSection 152
cSection 124A
dSection 150
Answer: B
Section 152 BNS punishes acts endangering the sovereignty, unity and integrity of India; the maximum imprisonment was raised compared to the old sedition provision. The expression 'sedition' is no longer used.
Under the Bharatiya Nyaya Sanhita, 2023, the right of private defence of the body extends to the voluntary causing of death of the assailant in certain enumerated situations. This provision is contained in:
aSection 100
bSection 38
cSection 35
dSection 34
Answer: B
Section 38 BNS enumerates the situations (such as assault reasonably causing apprehension of death, grievous hurt, rape, etc.) in which the right of private defence of body extends to causing death, corresponding to old IPC Section 100.
'A' does an act with the intention of causing death, and in such circumstances that, if he had thereby caused death, he would have been guilty of murder; the act, however, does not cause death. Under the Bharatiya Nyaya Sanhita, 2023, 'A' is guilty of an offence punishable under:
aSection 105
bSection 106
cSection 109
dSection 110
Answer: C
Attempt to murder is punishable under Section 109 BNS. Section 110 punishes attempt to commit culpable homicide not amounting to murder.
Which of the following statements regarding the Bharatiya Nyaya Sanhita, 2023 is/are correct? 1. Criminal conspiracy is punishable under Section 61. 2. Defamation is punishable under Section 356. Select the correct answer using the code given below:
aBoth 1 and 2
b2 only
c1 only
dNeither 1 nor 2
Answer: A
Criminal conspiracy is contained in Section 61 BNS and defamation, retained as a penal offence with its exceptions, is in Section 356 BNS. Both statements are correct.
'A', deceiving 'Z', fraudulently and dishonestly induces 'Z' to deliver to him a valuable ring, intending at the time of the inducement to retain it without payment. Under the Bharatiya Nyaya Sanhita, 2023, the offence committed by 'A' and the relevant section are:
aCheating — Section 318
bCriminal breach of trust — Section 316
cExtortion — Section 308
dRobbery — Section 309
Answer: A
Fraudulently or dishonestly inducing a deceived person to deliver property is cheating, defined and punished under Section 318 BNS; where delivery of property is induced, the higher punishment under Section 318(4) applies.
Under the Bharatiya Nyaya Sanhita, 2023, the punishment for murder is provided under-
aSection 101
bSection 105
cSection 302
dSection 103
Answer: D
Section 103 of the BNS, 2023 prescribes the punishment for murder (death or imprisonment for life, and fine), corresponding to the erstwhile Section 302 IPC. Section 101 only defines when culpable homicide amounts to murder.
Under Section 193 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the investigation in relation to an offence of rape under the Bharatiya Nyaya Sanhita, 2023 (such as Section 64) shall be completed within -
aone month from the recording of the FIR
bthree months from the recording of the FIR
ctwo months from the recording of the FIR
dninety days from the date of arrest
Answer: C
Section 193(4) of the BNSS, 2023 requires investigation in relation to rape and certain related offences to be completed within two months from the date of recording of the first information.
Which section of the Bharatiya Nagarik Suraksha Sanhita, 2023 enables the holding of all trials, inquiries and proceedings, including the recording of evidence, in electronic mode by use of audio-video electronic means?
aSection 530
bSection 105
cSection 398
dSection 254
Answer: A
Section 530 of the BNSS, 2023 enables trials, inquiries and proceedings, including issuance and service of summons and recording of evidence, to be held in electronic mode through audio-video electronic means.
Under Section 105 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the conduct of a search and the preparation of the list of seized things shall be -
aattested solely by the officer in charge of the police station
brecorded through audio-video electronic means, preferably mobile phone
ccarried out only after obtaining a search warrant in every case
drecorded only in writing in the presence of two independent witnesses
Answer: B
Section 105 of the BNSS, 2023 requires that the conduct of search and seizure and preparation of the list of seized things be recorded through audio-video electronic means, preferably a mobile phone, and forwarded to the Magistrate.
Under the Bharatiya Nagarik Suraksha Sanhita, 2023, where an offence is punishable with imprisonment for less than three years and the person to be arrested is infirm or is above sixty years of age, no arrest shall be made except with the prior permission of an officer not below the rank of—
aSuperintendent of Police
bStation House Officer
cInspector General of Police
dDeputy Superintendent of Police
Answer: D
Section 35(7) BNSS bars arrest of an infirm person or one above sixty years, for an offence punishable with less than three years' imprisonment, without prior permission of an officer not below the rank of Deputy Superintendent of Police.
Which provision of the Bharatiya Nagarik Suraksha Sanhita, 2023 corresponds to the inherent powers of the High Court that were earlier contained in Section 482 of the Code of Criminal Procedure, 1973?
aSection 528, BNSS
bSection 398, BNSS
cSection 482, BNSS
dSection 438, BNSS
Answer: A
Section 528 BNSS saves the inherent powers of the High Court (old Section 482 CrPC). Under the BNSS, Section 482 is instead the provision for anticipatory bail.
Under the Bharatiya Nagarik Suraksha Sanhita, 2023, the power to grant anticipatory bail (pre-arrest bail) is now contained in—
aSection 528, BNSS
bSection 482, BNSS
cSection 438, BNSS
dSection 437, BNSS
Answer: B
Section 482 BNSS contains the provision for anticipatory bail, replacing Section 438 CrPC; it empowers the Sessions Court or High Court to grant pre-arrest bail.
Under Section 23 of the Bharatiya Nagarik Suraksha Sanhita, 2023, a Chief Judicial Magistrate may pass any sentence authorised by law except—
aDeath, imprisonment for life, or imprisonment exceeding seven years
bDeath, imprisonment for life, or imprisonment exceeding three years
cDeath or imprisonment for life only
dDeath, imprisonment for life, or imprisonment exceeding ten years
Answer: A
Section 23 BNSS permits a Chief Judicial Magistrate to pass any sentence except death, imprisonment for life, or imprisonment for a term exceeding seven years.
Under Section 23 of the Bharatiya Nagarik Suraksha Sanhita, 2023, a Magistrate of the first class may pass a sentence of imprisonment for a term not exceeding three years, or of fine not exceeding—
aTen thousand rupees
bTwenty-five thousand rupees
cFifty thousand rupees
dOne lakh rupees
Answer: C
Under Section 23 BNSS, a Magistrate of the first class may impose imprisonment up to three years, or fine not exceeding fifty thousand rupees, or both, or community service.
Under Section 187 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the indefeasible right to default bail accrues to an accused if the investigation is not completed within ninety days, where the offence is punishable with—
aImprisonment up to seven years
bAny term of imprisonment, irrespective of duration
cImprisonment up to ten years only
dDeath, imprisonment for life, or imprisonment for a term of not less than ten years
Answer: D
Section 187(3) BNSS prescribes ninety days for offences punishable with death, imprisonment for life, or imprisonment for not less than ten years, and sixty days for all other offences, after which default bail becomes available.
Under the Bharatiya Nagarik Suraksha Sanhita, 2023, the maximum period for which a person arrested without warrant may be detained in custody before being produced before a Magistrate, excluding journey time, is provided in—
aSection 60, BNSS
bSection 57, BNSS
cSection 58, BNSS
dSection 56, BNSS
Answer: C
Section 58 BNSS provides that no person arrested without warrant shall be detained for more than twenty-four hours (exclusive of journey time) without being produced before a Magistrate.
Under Section 176(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023, it is mandatory for a forensic expert to visit the crime scene to collect forensic evidence and record the process by videography, where the offence is punishable with imprisonment for a term of—
aTen years or more
bSeven years or more
cFive years or more
dThree years or more
Answer: B
Section 176(3) BNSS mandates collection of forensic evidence at the scene by a forensic expert, with videography of the process, for offences punishable with seven years' imprisonment or more.
The Bharatiya Nagarik Suraksha Sanhita, 2023 statutorily codified the concept of 'Zero FIR' — registration of an FIR irrespective of the area where the offence is committed. This provision is found in—
aSection 154, BNSS
bSection 173, BNSS
cSection 190, BNSS
dSection 175, BNSS
Answer: B
Section 173 BNSS (replacing Section 154 CrPC) codifies the Zero FIR, allowing registration of information on a cognizable offence regardless of jurisdiction, and also permits FIR by electronic communication.
Under Section 173(4) of the Bharatiya Nagarik Suraksha Sanhita, 2023, where an officer in charge of a police station refuses to register information relating to a cognizable offence, the aggrieved person may send the substance of such information, in writing and by post, to—
aThe Judicial Magistrate of the first class
bThe Director General of Police
cThe Superintendent of Police
dThe District and Sessions Judge
Answer: C
Section 173(4) BNSS provides that on refusal to register an FIR, the aggrieved person may approach the Superintendent of Police, who may investigate or direct investigation; this affidavit-supported application is a precondition to invoking the Magistrate's power under Section 175(3).
Under Section 479 of the Bharatiya Nagarik Suraksha Sanhita, 2023, a first-time offender (with no previous conviction) who is an undertrial shall ordinarily be released on bail by the Court once he has undergone detention for a period extending up to—
aOne-third of the maximum period of imprisonment specified for the offence
bOne-fourth of the maximum period of imprisonment specified for the offence
cThe full maximum period of imprisonment specified for the offence
dOne-half of the maximum period of imprisonment specified for the offence
Answer: A
The first proviso to Section 479(1) BNSS provides that a first-time offender shall be released on bond after undergoing detention up to one-third of the maximum period of imprisonment for the offence (the general rule being one-half).
Under Section 356 of the Bharatiya Nagarik Suraksha Sanhita, 2023, an inquiry or trial in absentia of a proclaimed offender who has absconded shall not commence until the expiry of—
aOne year from the framing of charge
bNinety days from the framing of charge
cSixty days from the framing of charge
dThirty days from the framing of charge
Answer: B
Section 356 BNSS, introducing trial in absentia of a proclaimed offender, provides that the trial shall not commence until ninety days have elapsed from the date of framing of the charge.
Under Section 105 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the entire process of search and seizure, including preparation of the list of seized articles, is required to be—
aReported to the High Court within twenty-four hours
bConducted only in the presence of a Magistrate
cRecorded through audio-video electronic means, preferably a mobile phone
dAttested by at least four independent witnesses
Answer: C
Section 105 BNSS mandates audio-video electronic recording (preferably by mobile phone) of the entire search and seizure, with the recording forwarded without delay to the concerned Magistrate.
Under the Bharatiya Nagarik Suraksha Sanhita, 2023, a Magistrate empowered under Section 210 may order an investigation under Section 175(3) only after the complainant has first—
aFiled a private complaint and recorded his statement on oath
bFurnished security for costs of investigation
cObtained sanction from the State Government
dMade an application supported by affidavit to the Superintendent of Police under Section 173(4)
Answer: D
Unlike Section 156(3) CrPC, Section 175(3) BNSS requires the Magistrate, before ordering investigation, to consider the affidavit-supported application made to the Superintendent of Police under Section 173(4), conduct such inquiry as necessary, and hear the police officer's submissions.
Under the Vienna Convention on Diplomatic Relations, 1961, the premises of a diplomatic mission are inviolable and agents of the receiving State may not enter them except with the consent of the head of mission. This is provided in:
aArticle 29
bArticle 37
cArticle 22
dArticle 31
Answer: C
Article 22 of the Vienna Convention on Diplomatic Relations, 1961 declares the premises of the mission inviolable and bars agents of the receiving State from entering them without the consent of the head of mission.
Which Article of the Constitution of India directs the State to endeavour to promote international peace and security, to foster respect for international law and treaty obligations, and to encourage settlement of international disputes by arbitration?
aArticle 51
bArticle 73
cArticle 39
dArticle 253
Answer: A
Article 51, a Directive Principle of State Policy, directs the State to promote international peace and security, maintain just and honourable relations between nations, foster respect for international law and treaty obligations, and encourage settlement of international disputes by arbitration.
Under the Constitution of India, the power of Parliament to make any law for implementing a treaty, agreement or convention with another country, even on a subject in the State List, is conferred by:
aArticle 245
bArticle 51
cArticle 248
dArticle 253
Answer: D
Article 253 empowers Parliament to make any law for the whole or any part of India for implementing any treaty, agreement or convention with other countries, notwithstanding the distribution of legislative powers, including matters in the State List.
The right of individual or collective self-defence of a State, if an armed attack occurs against a Member of the United Nations, until the Security Council takes measures, is recognised under which Article of the UN Charter?
aArticle 2(4)
bArticle 51
cArticle 33
dArticle 42
Answer: B
Article 51 of the UN Charter preserves the inherent right of individual or collective self-defence if an armed attack occurs against a Member, until the Security Council has taken measures necessary to maintain international peace and security.
According to the theory propounded by Hegel and Triepel, international law and municipal law are two distinct and separate legal systems operating in different spheres. This view is known as:
aDelegation theory
bTransformation theory
cDualism
dMonism
Answer: C
The dualistic theory, associated with Triepel and Anzilotti, treats international law and municipal law as two separate, self-contained legal systems differing in their sources, subjects and substance; monism, by contrast, regards them as a single unified order.
The principal judicial organ of the United Nations has its seat at:
aVienna, Austria
bGeneva, Switzerland
cThe Hague, Netherlands
dNew York, United States
Answer: C
The International Court of Justice, the principal judicial organ of the UN, is seated at the Peace Palace in The Hague, Netherlands; it is the only one of the six principal organs not located at UN Headquarters in New York.
Under which Article of the Statute of the International Court of Justice are the sources of international law, namely international conventions, custom and the general principles of law, enumerated?
aArticle 38
bArticle 59
cArticle 92
dArticle 36
Answer: A
Article 38(1) of the ICJ Statute directs the Court to apply international conventions, international custom, the general principles of law recognised by civilised nations, and (as subsidiary means) judicial decisions and the teachings of publicists.
For decisions of the Security Council on all matters other than procedural matters, Article 27(3) of the UN Charter requires an affirmative vote of -
anine members including the concurring votes of the permanent members
bnine members irrespective of how the permanent members vote
cseven members including the concurring votes of the permanent members
dtwo-thirds of the members present and voting
Answer: A
Under Article 27(3) of the UN Charter, non-procedural (substantive) decisions of the Security Council need nine affirmative votes including the concurring votes of the five permanent members, which is the basis of the veto.
The International Court of Justice consists of fifteen judges who are elected for a term of -
asix years, half the judges being elected every three years
bnine years, one-third of the judges being elected every three years
cten years, one-fifth being elected every two years
dfive years, the whole bench retiring together
Answer: B
Under the ICJ Statute the Court is composed of fifteen judges elected for nine-year terms, with one-third (five judges) elected every three years; no two judges may be nationals of the same State.
Chapter VI of the UN Charter, dealing with pacific settlement of disputes, enjoins parties to a dispute likely to endanger international peace to first seek a solution by negotiation, enquiry, mediation, conciliation, arbitration or judicial settlement. This obligation is contained in -
aArticle 51
bArticle 25
cArticle 2(4)
dArticle 33
Answer: D
Article 33 of the UN Charter, the opening provision of Chapter VI, lists negotiation, enquiry, mediation, conciliation, arbitration, judicial settlement and resort to regional agencies as means of pacific settlement of disputes.
If a party to a case fails to perform the obligations incumbent upon it under a judgment of the International Court of Justice, the other party may have recourse to the Security Council. This is provided under -
aArticle 93 of the UN Charter
bArticle 92 of the UN Charter
cArticle 96 of the UN Charter
dArticle 94 of the UN Charter
Answer: D
Article 94(2) of the UN Charter permits a party to approach the Security Council where the other party fails to comply with an ICJ judgment; the Council may make recommendations or decide upon measures to give effect to the judgment.
Which of the following organs of the United Nations is competent to request an advisory opinion from the International Court of Justice on any legal question under Article 96(1) of the UN Charter?
aOnly the Secretary-General
bAny individual member State
cOnly the Economic and Social Council
dThe General Assembly or the Security Council
Answer: D
Article 96(1) of the UN Charter empowers the General Assembly or the Security Council to request advisory opinions; other UN organs and specialised agencies may do so only if authorised by the General Assembly under Article 96(2).
Under the Vienna Convention on the Law of Treaties, 1969, the principle that every treaty in force is binding upon the parties and must be performed by them in good faith is expressed by which maxim?
aJus cogens
bPacta sunt servanda
cRebus sic stantibus
dOpinio juris
Answer: B
Article 26 of the Vienna Convention on the Law of Treaties, 1969 embodies the rule pacta sunt servanda - a treaty in force binds the parties and must be performed by them in good faith.
Under Article 53 of the Vienna Convention on the Law of Treaties, 1969, a treaty is void if, at the time of its conclusion, it conflicts with -
aa resolution of the General Assembly
ban earlier treaty between the same parties
cthe municipal law of any party
da peremptory norm of general international law (jus cogens)
Answer: D
Article 53 declares void any treaty that, at the time of conclusion, conflicts with a peremptory norm of general international law (jus cogens) - a norm accepted by the international community of States as a whole from which no derogation is permitted.
The first session of the United Nations General Assembly was held on -
a1 January 1946 at New York
b10 January 1946 at London
c24 October 1945 at San Francisco
d26 June 1945 at San Francisco
Answer: B
The first session of the UN General Assembly opened on 10 January 1946 at Methodist Central Hall, Westminster, London, with delegates of 51 nations present; the Charter itself had come into force on 24 October 1945.
According to the dualist theory regarding the relationship between international law and municipal law, a rule of international law becomes binding upon municipal courts -
aautomatically, without any legislative act
bonly when transformed into municipal law by domestic legislation
conly when approved by the International Court of Justice
donly with the consent of the United Nations
Answer: B
Dualists treat international law and municipal law as distinct systems; an international rule binds municipal courts only after it is transformed into domestic law by enabling legislation. India broadly follows this transformation approach, with Article 51(c) of the Constitution directing the State to foster respect for international law.
Which one of the following provisions of the UN Charter declares that the Statute of the International Court of Justice forms an integral part of the Charter and is based upon the Statute of the Permanent Court of International Justice?
aArticle 33
bArticle 7
cArticle 102
dArticle 92
Answer: D
Article 92 of the UN Charter establishes the ICJ as the principal judicial organ of the United Nations, declares its Statute an integral part of the Charter, and states that the Statute is based upon that of the Permanent Court of International Justice.
The doctrine of frustration of contract, as recognised in India, is traceable to-
aSection 73 of the Indian Contract Act
bSection 65 of the Indian Contract Act
cSection 62 of the Indian Contract Act
dthe second paragraph of Section 56 of the Indian Contract Act
Answer: D
The Supreme Court in Satyabrata Ghose v. Mugneeram Bangur held that the doctrine of frustration is dealt with by the second paragraph of Section 56, under which a contract to do an act that becomes impossible or unlawful becomes void.
The substitution of a new contract for an existing one between the same parties, whereby the old contract need not be performed, is known as-
anovation
balteration
crescission
dremission
Answer: A
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 is novation.
Under Section 73 of the Indian Contract Act, compensation for breach of contract is NOT to be given for-
aloss which the parties knew, when they made the contract, to be likely to result from its breach
bany remote and indirect loss or damage sustained by reason of the breach
closs arising from a special circumstance communicated at the time of contracting
dloss which naturally arose in the usual course of things from the breach
Answer: B
Section 73 expressly provides that compensation is not to be given for any remote and indirect loss or damage; this codifies the rule in Hadley v. Baxendale.
Which of the following correctly distinguishes a contract of indemnity from a contract of guarantee under the Indian Contract Act, 1872?
aIn indemnity there are three parties, whereas in guarantee there are only two
bIn both, the liability of the promisor is always primary
cIn indemnity there are two parties and the liability is primary, whereas in guarantee there are three parties and the surety's liability is secondary
dIn guarantee the liability is contingent, but in indemnity it can never be contingent
Answer: C
A contract of indemnity (Section 124) is bilateral with the indemnifier's liability being primary, whereas a contract of guarantee (Section 126) involves three parties and the surety's liability is collateral or secondary to that of the principal debtor.
Assertion (A): A general offer made to the world at large can ripen into a binding contract with the person who performs the conditions of the offer.
Reason (R): In the case of a general offer, communication of acceptance is dispensed with and performance of the conditions amounts to acceptance.
Select the correct answer from the code given below:
aBoth (A) and (R) are true but (R) is not the correct explanation of (A)
bBoth (A) and (R) are true and (R) is the correct explanation of (A)
c(A) is true, but (R) is false
d(A) is false, but (R) is true
Answer: B
Carlill v. Carbolic Smoke Ball Co. establishes that a general offer can result in a contract with anyone who performs the stated conditions, and performance of those conditions is treated as acceptance, dispensing with separate communication.
'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. The agreement is-
avalid, being supported by consideration
bvoid, because its object or consideration is unlawful
cvoid for uncertainty
dvoidable at the option of B
Answer: B
Under Section 23, an agreement to stifle the prosecution of a non-compoundable offence such as robbery has an unlawful object/consideration and is therefore void.
Under the Indian Contract Act, 1872, an agreement made without consideration is valid if it is a promise to compensate a person who has already voluntarily done something for the promisor. This exception is contained in:
aSection 26
bSection 25(2)
cSection 25(3)
dSection 25(1)
Answer: B
Section 25(2) validates a promise, without consideration, to compensate a person who has already voluntarily done something for the promisor. Section 25(1) covers written and registered promises on account of natural love and affection, and 25(3) covers a promise to pay a time-barred debt.
Match List-I (Concept) with List-II (Section of the Indian Contract Act, 1872) and select the correct answer using the code given below:
List-I: (A) Contract of indemnity defined (B) Continuing guarantee (C) General lien of bankers (D) Pledge defined
List-II: (1) Section 129 (2) Section 124 (3) Section 172 (4) Section 171
Code: A B C D
a2 1 3 4
b4 1 2 3
c1 2 4 3
d2 1 4 3
Answer: D
Section 124 defines a contract of indemnity, Section 129 defines a continuing guarantee, Section 171 confers a general lien on bankers (among others), and Section 172 defines pledge.
Assertion (A): An agreement by which a person is restrained from carrying on a lawful trade is void to that extent.
Reason (R): One who sells the goodwill of a business may validly agree with the buyer to refrain from carrying on a similar business within reasonable local limits.
Select the correct answer using the code below:
aBoth (A) and (R) are true and (R) is the correct explanation of (A)
b(A) is true, but (R) is false
cBoth (A) and (R) are true but (R) is not the correct explanation of (A)
d(A) is false, but (R) is true
Answer: C
Section 27 makes agreements in restraint of trade void, while its exception permits a goodwill-sale restraint within reasonable limits. Both statements are correct, but (R) is merely a statutory exception and does not explain the general rule in (A).
'A' sees a missing-person reward notice published by 'B' only after he has already traced and returned B's nephew, having been sent on the search earlier as B's servant. 'A' now claims the reward. On these facts:
a'A' can claim half the reward on quantum meruit
b'A' can claim the reward only if the notice was a general offer
c'A' cannot claim the reward, as there was no acceptance of an offer of which he had no knowledge when he acted
d'A' can claim the reward as he performed the act mentioned in the notice
Answer: C
Following Lalman Shukla v. Gauri Dutt, acceptance presupposes knowledge of the offer; a person who performs an act in ignorance of the offer cannot be said to have accepted it and cannot claim the reward.
A minor is supplied by a tradesman with necessaries suited to his condition in life. Under the Indian Contract Act, 1872, the tradesman:
acan be reimbursed only from the property of the minor, the minor not being personally liable
bcan hold the minor personally liable for the price
ccan recover both from the minor personally and from his property
dhas no remedy, as a minor's agreement is void
Answer: A
Under Section 68, a person supplying necessaries to a minor (a person incapable of contracting) is entitled to be reimbursed only out of the minor's property; the minor incurs no personal liability.
The substitution of a new contract for an existing one, with the consent of all the parties, so that the old contract need not be performed, is known as novation. Under the Indian Contract Act, 1872, this is dealt with in:
aSection 56
bSection 59
cSection 62
dSection 63
Answer: C
Section 62 governs the effect of novation, rescission and alteration of a contract, providing that where parties agree to substitute a new contract, the original contract need not be performed.
Which of the following statements regarding the doctrine of frustration under Section 56 of the Indian Contract Act, 1872 is correct?
1. A contract to do an act which after the contract is made becomes impossible by reason of a supervening event becomes void.
2. Self-induced impossibility, that is impossibility caused by the fault of a party, discharges that party from performance.
Select using the code below:
aNeither 1 nor 2
b2 only
cBoth 1 and 2
d1 only
Answer: D
Section 56 renders a contract void when performance becomes impossible by a supervening event, but self-induced frustration (impossibility due to a party's own fault) does not discharge that party; hence only statement 1 is correct.
Match List-I (Doctrine/Concept) with List-II (Leading case) and select the correct answer using the code given below:
List-I: (A) Doctrine of frustration (B) Anticipatory breach of contract (C) Rule of remoteness of damages (D) General offer accepted by conduct
List-II: (1) Hadley v. Baxendale (2) Carlill v. Carbolic Smoke Ball Co. (3) Taylor v. Caldwell (4) Hochster v. De la Tour
Code: A B C D
a1 4 3 2
b3 4 1 2
c3 4 2 1
d3 1 4 2
Answer: B
Taylor v. Caldwell laid down frustration; Hochster v. De la Tour established anticipatory breach; Hadley v. Baxendale governs remoteness of damages; Carlill v. Carbolic Smoke Ball Co. recognised acceptance of a general offer by conduct.
Under Section 54 of the Transfer of Property Act, 1882, a sale of tangible immovable property of the value of one hundred rupees and upwards can be made:
aeither by a registered instrument or by delivery of the property
bby an oral agreement followed by part payment
conly by delivery of possession
donly by a registered instrument
Answer: D
Section 54 mandates a registered instrument for sale of tangible immovable property worth Rs. 100 or more; only property of lesser value may be transferred by registered instrument or by delivery of possession.
Where an interest is created for the benefit of a person not in existence at the date of the transfer, subject to a prior interest created by the same transfer, Section 13 of the Transfer of Property Act, 1882 requires that the interest created for the unborn person:
atakes effect only on the death of the prior interest holder regardless of its extent
bmust vest within twenty-one years of the transfer
cmay be limited to a life interest only
dmust extend to the whole of the remaining interest of the transferor in the property
Answer: D
Section 13 requires that an interest for an unborn person, when subject to a prior interest, must comprise the whole of the transferor's remaining interest; a life interest cannot be conferred on an unborn person.
The expression 'actionable claim' as defined in Section 3 of the Transfer of Property Act, 1882 includes a claim to:
aa debt secured by mortgage of immovable property
ba decree for the recovery of immovable property
ca debt secured by hypothecation of movable property
dan unsecured debt, or a beneficial interest in movable property not in the possession of the claimant
Answer: D
Section 3 defines actionable claim as a claim to an unsecured debt (other than one secured by mortgage of immovable property or hypothecation/pledge of movable property) or to a beneficial interest in movable property not in the claimant's possession, recognised by civil courts as affording grounds for relief.
The doctrine of lis pendens, which provides that property which is the subject-matter of a pending suit cannot be transferred so as to affect the rights of any party under the decree, is contained in which section of the Transfer of Property Act, 1882?
aSection 53
bSection 52
cSection 48
dSection 41
Answer: B
Section 52 enacts the doctrine of lis pendens: during the pendency of a suit in which a right to immovable property is directly in question, the property cannot be transferred so as to affect the rights of any party under the decree.
Section 53A of the Transfer of Property Act, 1882 (doctrine of part performance) protects a transferee who has taken possession in part performance of a contract for transfer of immovable property. The protection it affords is:
aa defence (a shield) to resist the transferor or persons claiming under him from enforcing any right in respect of the property other than that provided by the contract
bthe right to transfer the property to a third party free of the contract
ca positive right to obtain specific performance and a perfected title
dthe right to retain possession even against a bona fide transferee for value without notice
Answer: A
Section 53A creates an equitable shield, not a sword: it bars the transferor and those claiming under him from enforcing rights against the transferee in possession, but it does not confer title and does not protect against a subsequent transferee for value without notice.
Where a person who is the ostensible owner of immovable property, with the express or implied consent of the persons interested in it, transfers the property for consideration, the transfer is not voidable on the ground that the transferor was not authorised to make it, provided the transferee acted in good faith after taking reasonable care to ascertain the transferor's power. This protection is found in:
aSection 38
bSection 51
cSection 41
dSection 43
Answer: C
Section 41 protects a transferee for consideration from an ostensible owner (holding with consent of the real owner), provided the transferee acts in good faith after reasonable enquiry into the transferor's power to transfer.
A condition or limitation absolutely restraining the transferee of property from parting with or disposing of his interest in the property is, under Section 10 of the Transfer of Property Act, 1882:
avoid as a restraint on alienation, except in the case of a lease or a transfer for the benefit of a woman not being a Hindu, Muhammadan or Buddhist
bvoidable at the option of the transferor
cvalid only if the restraint is for a limited period
dvalid and enforceable in all cases
Answer: A
Section 10 renders an absolute restraint on alienation void, saving two exceptions: conditions in a lease for the lessor's benefit, and transfers for the benefit of a woman (not Hindu, Muhammadan or Buddhist) restraining anticipation.
Under Section 6 of the Transfer of Property Act, 1882, the chance of an heir-apparent succeeding to an estate (spes successionis) is dealt with under which clause, and what is its legal effect?
aClause (c); it may be transferred only with the consent of the heir
bClause (a); such a chance cannot be transferred
cClause (e); it is transferable as a mere right to sue
dClause (h); it is transferable only for consideration
Answer: B
Section 6(a) expressly provides that the chance of an heir-apparent succeeding to an estate, or any other mere possibility of a like nature, cannot be transferred. Such a spes successionis is not property and any transfer of it is void.
A executes a deed purporting to transfer his right to sue B for damages for a tort. Under the Transfer of Property Act, 1882 such a transfer is:
aValid, the right to sue being immovable property
bValid, being a transfer of an actionable claim under Section 130
cVoid, a mere right to sue not being transferable under Section 6(e)
dVoidable at the option of B
Answer: C
Section 6(e) declares that a mere right to sue cannot be transferred. A claim for unliquidated damages in tort is a bare right to sue and is therefore non-transferable, unlike a decreed or ascertained sum.
Which one of the following correctly states the maximum permissible perpetuity period under Section 14 of the Transfer of Property Act, 1882?
aThe life or lives of persons living at the date of transfer, plus a fixed period of 21 years
bA fixed period of 18 years from the date of transfer
cThe life of the transferor only
dThe life or lives of persons living at the date of transfer, plus the minority of a person in existence at the expiration of that period
Answer: D
Section 14 fixes the perpetuity period as the lifetime of one or more living persons at the date of transfer plus the minority of an ultimate beneficiary in existence at the end of that period. Unlike English law, there is no fixed 21-year term.
Where an unauthorised person erroneously represents that he is authorised to transfer certain immovable property and professes to transfer it for consideration, and later acquires an interest in that property, Section 43 of the Transfer of Property Act, 1882 provides that:
aThe transfer is wholly void and the later-acquired interest is unaffected
bThe transfer operates on such later-acquired interest at the option of the transferee, during the subsistence of the contract
cThe transferor may at his option avoid the transfer on acquiring the interest
dThe transfer takes effect only if subsequently ratified in writing by the true owner
Answer: B
Section 43 embodies the doctrine of feeding the grant by estoppel: the subsequently acquired interest feeds the earlier defective transfer, and the transferee may, at his option, claim that interest while the contract of transfer subsists.
The doctrine recognised in Ramcoomar Koondoo v. John & Maria McQueen, which protects a bona fide transferee for value from an ostensible owner, is codified in which section of the Transfer of Property Act, 1882?
aSection 41
bSection 43
cSection 38
dSection 48
Answer: A
Section 41 protects a transferee who, after taking reasonable care, in good faith pays consideration to an ostensible owner transferring with the express or implied consent of the real owner. The Privy Council decision in Ramcoomar Koondoo is its foundation.
Match List-I (Doctrine) with List-II (Section of the Transfer of Property Act, 1882) and select the correct answer using the code given below:
List-I: (A) Lis pendens (B) Part performance (C) Election (D) Feeding the grant by estoppel
List-II: (1) Section 35 (2) Section 43 (3) Section 52 (4) Section 53A
aA-2, B-1, C-4, D-3
bA-4, B-3, C-2, D-1
cA-3, B-4, C-1, D-2
dA-1, B-2, C-3, D-4
Answer: C
Lis pendens is Section 52, part performance Section 53A, election Section 35, and feeding the grant by estoppel Section 43. Hence A-3, B-4, C-1, D-2.
Which of the following is NOT among the essential conditions for invoking the doctrine of part performance under Section 53A of the Transfer of Property Act, 1882?
aThe transferee must have done some act in furtherance of the contract and be willing to perform his part
bThe transferee must have taken possession, or being already in possession, must continue in possession in part performance of the contract
cThe contract must be a registered gift deed in favour of the transferee
dThere must be a contract to transfer immovable property for consideration, in writing signed by or on behalf of the transferor
Answer: C
Section 53A requires a written contract for consideration, possession taken or continued in part performance, an act in furtherance, and willingness to perform. It applies to contracts to transfer for value, not to a gift deed; gifts are governed by Section 122.
Constitutional status was conferred on Panchayati Raj Institutions by inserting Part IX in the Constitution through which Amendment Act?
aSixty-fifth Amendment Act, 1990
bSeventy-third Amendment Act, 1992
cSeventy-first Amendment Act, 1992
dSeventy-fourth Amendment Act, 1992
Answer: B
The 73rd Amendment Act, 1992 (in force from 24 April 1993) inserted Part IX (Articles 243 to 243-O) and the Eleventh Schedule, giving constitutional status to Panchayats; the 74th Amendment dealt with Municipalities.
The Finance Commission of India is constituted by the President under which Article of the Constitution?
aArticle 275
bArticle 281
cArticle 280
dArticle 263
Answer: C
Under Article 280, the President constitutes a Finance Commission at the end of every fifth year (or earlier) to recommend the distribution of taxes between the Union and the States.
Fundamental Duties of citizens (Article 51-A) were added to the Constitution on the recommendation of the Swaran Singh Committee by which Amendment Act?
aForty-second Amendment Act, 1976
bEighty-sixth Amendment Act, 2002
cForty-fourth Amendment Act, 1978
dForty-third Amendment Act, 1977
Answer: A
The 42nd Amendment Act, 1976 inserted Part IV-A containing Article 51-A, which originally enumerated ten Fundamental Duties (an eleventh was later added by the 86th Amendment, 2002).
Match List - I (Article) with List - II (Provision) and select the correct answer using the code given below: List-I: (A) Article 72 (B) Article 76 (C) Article 280 (D) Article 368 — List-II: (1) Attorney-General for India (2) Pardoning power of the President (3) Amendment of the Constitution (4) Finance Commission
aA-2, B-4, C-1, D-3
bA-1, B-2, C-4, D-3
cA-2, B-1, C-3, D-4
dA-2, B-1, C-4, D-3
Answer: D
Article 72 is the President's pardoning power, Article 76 the Attorney-General, Article 280 the Finance Commission, and Article 368 the procedure for amendment of the Constitution.
Which one of the following Schedules of the Constitution, added by the 73rd Amendment, contains the list of 29 subjects relating to the powers and functions of Panchayats?
aEleventh Schedule
bTenth Schedule
cTwelfth Schedule
dNinth Schedule
Answer: A
The Eleventh Schedule (added by the 73rd Amendment) lists 29 subjects for Panchayats; the Twelfth Schedule (added by the 74th Amendment) lists 18 subjects for Municipalities.
Arrange the following landmark constitutional cases in correct chronological order: (i) Kesavananda Bharati v. State of Kerala (ii) Golak Nath v. State of Punjab (iii) Minerva Mills v. Union of India (iv) Maneka Gandhi v. Union of India. Select the correct answer using the code below:
a(ii), (iv), (i), (iii)
b(i), (ii), (iv), (iii)
c(i), (ii), (iii), (iv)
d(ii), (i), (iv), (iii)
Answer: D
The correct order is Golak Nath (1967), Kesavananda Bharati (1973), Maneka Gandhi (1978) and Minerva Mills (1980).
Assertion (A): Under Article 18, the State is prohibited from conferring any title on a citizen. Reason (R): Military and academic distinctions are excluded from the prohibition contained in Article 18. Select the correct answer using the code given below:
aBoth (A) and (R) are true but (R) is not the correct explanation of (A)
bBoth (A) and (R) are true and (R) is the correct explanation of (A)
c(A) is true, but (R) is false
d(A) is false, but (R) is true
Answer: A
Both statements are correct—Article 18 bars conferment of titles and expressly excepts military and academic distinctions—but the exception does not by itself explain the general prohibition, so (R) is not the correct explanation of (A).
Dr. B.R. Ambedkar in the Constituent Assembly described which Article as 'the very soul of the Constitution and the very heart of it', without which the Constitution would be a nullity?
aArticle 14
bArticle 21
cArticle 32
dArticle 226
Answer: C
Article 32, guaranteeing the right to constitutional remedies and the power of the Supreme Court to issue writs, was termed by Dr. Ambedkar the heart and soul of the Constitution.
The writ jurisdiction of a High Court under Article 226 is wider than that of the Supreme Court under Article 32 principally because Article 226 contains the additional expression:
a'in the nature of habeas corpus'
b'for the enforcement of fundamental rights'
c'for any other purpose'
d'throughout the territory of India'
Answer: C
Article 226 empowers a High Court to issue writs both for enforcement of fundamental rights and 'for any other purpose' (i.e. ordinary legal rights), words absent in Article 32, making its jurisdiction wider.
After the Constitution (Forty-fourth Amendment) Act, 1978, a Proclamation of National Emergency under Article 352 may be issued only on the ground of war, external aggression or:
ainternal disturbance
bfinancial instability
cfailure of constitutional machinery
darmed rebellion
Answer: D
The 44th Amendment substituted 'armed rebellion' for the earlier ground of 'internal disturbance' in Article 352, to prevent misuse as occurred during the 1975 Emergency.
Even during the operation of a Proclamation of Emergency, the President under Article 359 cannot suspend the right to move any court for the enforcement of the rights conferred by:
aArticles 14 and 19
bArticles 21 and 25
cArticles 19 and 22
dArticles 20 and 21
Answer: D
After the 44th Amendment, Article 359 expressly bars suspension of the enforcement of Articles 20 and 21 even during an Emergency.
In which case did a nine-Judge Bench of the Supreme Court hold that secularism is part of the basic structure and that the satisfaction of the President under Article 356 is subject to judicial review?
aS.R. Bommai v. Union of India
bA.K. Roy v. Union of India
cMinerva Mills v. Union of India
dState of Rajasthan v. Union of India
Answer: A
S.R. Bommai v. Union of India (1994) declared secularism a basic feature and held the President's proclamation under Article 356 reviewable by courts.
In H.L.A. Hart's analysis in 'The Concept of Law', a legal system is best understood as the union of:
aCommands and sanctions
bNatural law and positive law
cCustoms and precedents
dPrimary rules of obligation and secondary rules
Answer: D
Hart described law as the union of primary rules (rules of conduct creating obligations) and secondary rules (rules about rules), the most fundamental secondary rule being the rule of recognition.
The theory that law is a means of 'social engineering' aimed at satisfying the maximum of wants with the minimum of friction and waste was propounded by:
aEugen Ehrlich
bRoscoe Pound
cLeon Duguit
dRudolf von Ihering
Answer: B
Roscoe Pound, the leading figure of the American sociological school, advanced the theory of social engineering, treating law as an instrument to balance and reconcile competing interests with minimum friction and waste.
The doctrine of 'social solidarity', built upon the idea of division of labour and interdependence of men, is associated with which jurist?
aFriedrich Karl von Savigny
bJeremy Bentham
cHans Kelsen
dLeon Duguit
Answer: D
Leon Duguit built his theory on social solidarity, the interdependence of individuals arising from the division of labour, and held that law derives its validity from its furtherance of this solidarity rather than from the will of a sovereign.
According to Savigny's historical school, the true source of law is:
aThe command of a sovereign
bThe Volksgeist, or common consciousness of the people
cThe dictates of pure reason
dA presupposed basic norm
Answer: B
Savigny held that law is found, not made, and grows organically out of the Volksgeist (the common consciousness or spirit of the people), like its language and customs.
Sir Henry Maine's famous generalisation that the movement of progressive societies has hitherto been a movement 'from status to contract' relates principally to:
aThe codification of customary law
bThe growth of penal law
cThe hierarchy of legal norms
dThe development of the law of persons and the decay of family dependency
Answer: D
Maine, in 'Ancient Law', traced the shift from rights and duties fixed by a person's status within the family to obligations founded on the free agreement of individuals, summarising it as a movement from status to contract.
Salmond classified legal rights into 'rights in rem' and 'rights in personam'. A right in rem is:
aAvailable against a determinate individual only
bA right arising solely out of contract
cAvailable against the world at large
dA right that can never be enforced in a court
Answer: C
A right in rem (e.g., ownership) avails against persons generally, i.e., the whole world, whereas a right in personam avails only against a determinate person or persons, as under a contract.
In Hohfeld's scheme of jural relations, the jural correlative of a 'right' (claim) is a:
aImmunity
bPrivilege
cPower
dDuty
Answer: D
In Hohfeld's analysis of fundamental legal conceptions, a claim-right in one person necessarily correlates with a duty in another; right and duty are jural correlatives.
The two essential elements of legal possession, namely corpus possessionis and animus possidendi, denote respectively:
aThe physical control over the thing and the intention to possess
bThe intention to possess and the physical control over the thing
cOwnership and custody
dTitle and delivery
Answer: A
Possession in jurisprudence requires corpus possessionis (effective physical control over the object) together with animus possidendi (the intention to exclude others and hold the thing as one's own).
A corporation, an idol or a registered company is regarded in jurisprudence as a:
aLegal (artificial or juristic) person
bPerson of incidence
cNatural person
dPerson of inherence
Answer: A
Jurisprudence recognises legal (juristic or artificial) persons such as corporations, companies and idols, on whom the law confers a fictitious personality capable of bearing rights and duties, as distinct from natural persons (human beings).
The maxim 'stare decisis et non quieta movere', which underlies the doctrine of binding precedent, means:
aTo stand by decided matters and not to disturb settled points
bLet the principal answer for the acts of his agent
cNo man can be a judge in his own cause
dThe law confers no benefit on an unwilling person
Answer: A
Stare decisis means to stand by what has been decided and not disturb settled points; it is the principle requiring courts to follow the ratio decidendi of earlier decisions of competent courts.
In Dworkin's critique of legal positivism, his answer to 'hard cases' is that judges decide by reference not merely to rules but also to:
aPrinciples embodying considerations of justice, fairness and morality
bThe command of the sovereign
cThe Grundnorm
dThe general will of the people
Answer: A
Dworkin, in works such as 'Taking Rights Seriously', argued that law consists of principles as well as rules, and that in hard cases judges reason from principles of justice and fairness rather than exercising unfettered discretion.
Which school of jurisprudence is most closely associated with the view that 'law is what the courts do in fact' and emphasises the prediction of judicial behaviour over abstract rules?
aHistorical school
bNatural law school
cAnalytical positivist school
dAmerican Realist school
Answer: D
The American Realist school (Holmes, Llewellyn, Frank) focused on what courts actually do, treating law largely as a prediction of judicial decisions rather than a set of pre-existing logical rules.
Assertion (A): Under the Bharatiya Sakshya Adhiniyam, 2023, the burden of proving a fact especially within the knowledge of any person lies upon that person. Reason (R): This is an exception to the general rule that the burden of proof lies on the party who would fail if no evidence were given. Select the correct answer using the code below:
aBoth (A) and (R) are true but (R) is not the correct explanation of (A)
bBoth (A) and (R) are true and (R) is the correct explanation of (A)
c(A) is true, but (R) is false
d(A) is false, but (R) is true
Answer: B
Section 109 of the BSA, 2023 (old Section 106 IEA) places the burden of proving a fact especially within a person's knowledge upon that person, operating as an exception to the general burden rule in Sections 104-105.
Which Section of the Bharatiya Sakshya Adhiniyam, 2023 lays down the conditions for admissibility of an electronic or digital record produced as evidence (corresponding to old Section 65-B of the Indian Evidence Act, 1872)?
aSection 62
bSection 61
cSection 63
dSection 57
Answer: C
Section 63 of the BSA, 2023 provides for the admissibility of electronic records, corresponding to old Section 65-B IEA; Section 61 declares electronic records to have the same legal effect as paper documents.
Under the Bharatiya Sakshya Adhiniyam, 2023, communications made during marriage between husband and wife are protected from disclosure under -
aSection 126
bSection 129
cSection 128
dSection 132
Answer: C
Section 128 of the BSA, 2023 (old Section 122 IEA) protects communications made during marriage, barring a spouse from disclosing them without consent, except in suits between the spouses or certain criminal proceedings.
'A' is accused of murdering 'B'. A wishes the Court to believe that, at the time in question, he was at a place far away from the scene of crime. Under the Bharatiya Sakshya Adhiniyam, 2023, the burden of proving this plea of alibi lies on -
a'A', as a fact especially within his knowledge
bthe prosecution, as part of proving guilt
cneither party, as it is presumed in A's favour
dthe Court, which must presume his presence
Answer: A
A plea of alibi is a fact especially within the accused's knowledge; under Section 109 of the BSA, 2023 (old Section 106 IEA) the burden of establishing it rests on the accused who pleads it.
Under the Bharatiya Sakshya Adhiniyam, 2023, leave to put leading questions to one's own witness (treating the witness as hostile) and putting questions which might be put in cross-examination is governed by -
aSection 158
bSection 154
cSection 157
dSection 146
Answer: C
Section 157 of the BSA, 2023 (old Section 154 IEA) empowers the Court, in its discretion, to permit the party calling a witness to put questions to him that could be put in cross-examination, i.e. to declare him hostile.
Which one of the following is NOT correctly matched with its Section under the Bharatiya Sakshya Adhiniyam, 2023?
aGrounds of opinion, when relevant - Section 51
bOpinion as to handwriting and signature, when relevant - Section 41
cPrimary evidence - Section 57
dPresumption as to absence of consent in certain prosecutions for rape - Section 120
Answer: A
Grounds of opinion are dealt with by Section 45 of the BSA, 2023 (old Section 51 IEA), not Section 51 (which deals with judicial notice). The other three pairs are correctly matched.
Under the Bharatiya Sakshya Adhiniyam, 2023, the doctrine of res gestae, whereby facts so connected with a fact in issue as to form part of the same transaction are relevant, is contained in which section?
aSection 8
bSection 4
cSection 6
dSection 3
Answer: B
Section 4 of the BSA, 2023 makes facts forming part of the same transaction relevant, whether they occurred at the same time and place or at different times and places. It corresponds to the old Section 6 of the Indian Evidence Act, 1872.
A confession made to a police officer is, as a general rule, inadmissible against an accused person under which provision of the Bharatiya Sakshya Adhiniyam, 2023?
aSection 25
bSection 22
cSection 23(1)
dSection 24
Answer: C
Section 23(1) of the BSA, 2023 provides that no confession made to a police officer shall be proved against a person accused of any offence. It replaces Section 25 of the Indian Evidence Act, 1872.
Where information received from an accused in police custody leads to the discovery of a fact, so much of such information as relates distinctly to the fact thereby discovered may be proved. This rule is now found in which provision of the Bharatiya Sakshya Adhiniyam, 2023?
aSection 25
bSection 24
cSection 22, proviso
dSection 23(2), proviso
Answer: D
The proviso to Section 23(2) of the BSA, 2023 preserves the discovery rule (formerly Section 27 of the Indian Evidence Act, 1872): only that part of the information distinctly relating to the fact discovered is admissible.
A statement made by a person, since deceased, as to the cause of his death or as to the circumstances of the transaction which resulted in his death (the dying declaration) is made relevant under which section of the Bharatiya Sakshya Adhiniyam, 2023?
aSection 28
bSection 23
cSection 26
dSection 32
Answer: C
Section 26 of the BSA, 2023 deals with statements of relevant facts by a person who is dead or cannot be found, etc., and includes the dying declaration. It corresponds to Section 32 of the Indian Evidence Act, 1872.
Under the Bharatiya Sakshya Adhiniyam, 2023, the admissibility of opinions of experts upon a point of foreign law, science, art, or as to identity of handwriting or finger impressions is dealt with under which section?
aSection 45
bSection 39
cSection 47
dSection 51
Answer: B
Section 39 of the BSA, 2023 governs expert opinion and corresponds to Section 45 of the Indian Evidence Act, 1872, with the BSA expressly extending it to opinions of examiners of electronic evidence.
The admissibility of electronic records, corresponding to the former Section 65B of the Indian Evidence Act, 1872, is now provided in which section of the Bharatiya Sakshya Adhiniyam, 2023?
aSection 62
bSection 65
cSection 63
dSection 61
Answer: C
Section 63 of the BSA, 2023 lays down the conditions for admissibility of electronic records and requires a certificate, corresponding to Section 65B of the Indian Evidence Act, 1872.
Under the Bharatiya Sakshya Adhiniyam, 2023, the rule that when any fact is especially within the knowledge of any person, the burden of proving that fact lies upon him is contained in which section?
aSection 112
bSection 106
cSection 105
dSection 109
Answer: D
Section 109 of the BSA, 2023 places the burden of proving a fact especially within a person's knowledge upon that person. It corresponds to Section 106 of the Indian Evidence Act, 1872.
The conclusive presumption that the birth of a person 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 proof of legitimacy is contained in which section of the Bharatiya Sakshya Adhiniyam, 2023?
aSection 120
bSection 112
cSection 114
dSection 116
Answer: D
Section 116 of the BSA, 2023 makes birth during marriage conclusive proof of legitimacy unless non-access is shown. It corresponds to Section 112 of the Indian Evidence Act, 1872.
In a prosecution for rape where sexual intercourse is proved and the question is one of consent, the court shall presume the absence of consent if the woman states so in her evidence. Under the Bharatiya Sakshya Adhiniyam, 2023, this presumption is found in which section?
aSection 118
bSection 120
cSection 116
dSection 117
Answer: B
Section 120 of the BSA, 2023 provides for the presumption as to absence of consent in certain prosecutions for rape, corresponding to Section 114A of the Indian Evidence Act, 1872.
Under the Bharatiya Sakshya Adhiniyam, 2023, the presumption as to dowry death (where a woman dies in connection with demand for dowry within seven years of marriage and cruelty is shown) is contained in which section?
aSection 118
bSection 116
cSection 119
dSection 117
Answer: A
Section 118 of the BSA, 2023 deals with the presumption as to dowry death, corresponding to Section 113B of the Indian Evidence Act, 1872.
Under the Bharatiya Sakshya Adhiniyam, 2023, an accomplice is a competent witness against an accused person, and a conviction is not illegal merely because it proceeds upon the corroborated testimony of an accomplice. This rule is contained in which section?
aSection 133
bSection 139
cSection 138
dSection 124
Answer: C
Section 138 of the BSA, 2023 makes the accomplice a competent witness and, as enacted, provides that a conviction is not illegal if it proceeds upon the corroborated testimony of an accomplice; it corresponds to (and modifies the wording of) Section 133 of the Indian Evidence Act, 1872. It is read with Illustration (b) to Section 119 BSA on the presumption regarding uncorroborated accomplice evidence.
The definition of a leading question, namely any question suggesting the answer which the person putting it wishes or expects to receive, is contained in which section of the Bharatiya Sakshya Adhiniyam, 2023?
aSection 146
bSection 143
cSection 162
dSection 151
Answer: A
Section 146 of the BSA, 2023 defines leading questions, corresponding to Section 141 of the Indian Evidence Act, 1872. They may ordinarily be asked in cross-examination but not in examination-in-chief or re-examination without leave.
Amendment of pleadings with the leave of the court is governed by:
aOrder 7 Rule 14
bOrder 6 Rule 16
cOrder 8 Rule 9
dOrder 6 Rule 17
Answer: D
Order 6 Rule 17 CPC empowers the court to allow amendment of pleadings at any stage on just terms; its proviso bars amendment after commencement of trial unless due diligence is shown.
Saving of the inherent powers of the court to make orders necessary for the ends of justice or to prevent abuse of process is recognised under:
aSection 151
bSection 149
cSection 148
dSection 153
Answer: A
Section 151 CPC saves the inherent powers of the court to make such orders as may be necessary for the ends of justice or to prevent abuse of the process of the court.
An appeal lies to the Supreme Court from any judgment, decree or final order in a civil proceeding of a High Court under which provision of the Code of Civil Procedure, 1908?
aSection 96
bSection 115
cSection 109
dSection 100
Answer: C
Section 109 CPC provides for appeal to the Supreme Court from decrees or final orders of a High Court, subject to the provisions of the Constitution and a certificate of fitness. Sections 96 and 100 deal with first and second appeals respectively.
Under the Code of Civil Procedure, 1908, the courts shall (subject to the provisions contained in the Code) have jurisdiction to try all suits of a civil nature excepting suits of which their cognizance is either expressly or impliedly barred. This principle is embodied in -
aSection 11
bSection 21
cSection 15
dSection 9
Answer: D
Section 9 CPC confers on civil courts jurisdiction to try all suits of a civil nature except those expressly or impliedly barred. Sections 11 (res judicata), 15 (forum of suing) and 21 (objection to jurisdiction) deal with distinct matters.
A right to lodge a caveat under the Code of Civil Procedure, 1908 is provided under Section 148A. A caveat shall not remain in force after the expiry of -
a90 days from the date on which it was lodged
b120 days from the date on which it was lodged
c60 days from the date on which it was lodged
d30 days from the date on which it was lodged
Answer: A
Section 148A(5) CPC provides that a caveat shall not remain in force after the expiry of ninety days from the date on which it was lodged, unless an application has been made before its expiry.
Under 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
bTwenty thousand rupees
cThree thousand rupees
dFive thousand rupees
Answer: A
Section 96(4) CPC bars an appeal (except on a question of law) from a decree in a suit cognizable by Courts of Small Causes where the value of the subject-matter does not exceed ten thousand rupees.
Under Section 100 of the Code of Civil Procedure, 1908, a second appeal shall lie to the High Court from an appellate decree only if the High Court is satisfied that the case involves -
aA mixed question of fact and law
bA substantial question of law
cA question of fact
dAn error apparent on the face of the record
Answer: B
Section 100 CPC permits a second appeal only where the case involves a substantial question of law, which the High Court must formulate at the time of admission.
Match List - I with List - II and select the correct answer using the code given below:
List - I
(A) Res judicata
(B) Restitution
(C) Inherent powers of court
(D) Reference to High Court
List - II
(1) Section 144
(2) Section 113
(3) Section 11
(4) Section 151
Code:
aA-3, B-4, C-1, D-2
bA-3, B-1, C-4, D-2
cA-2, B-1, C-4, D-3
dA-1, B-3, C-2, D-4
Answer: B
Res judicata is Section 11, restitution is Section 144, inherent powers of the court are saved by Section 151, and reference to the High Court is governed by Section 113.
In which of the following cases did the Supreme Court hold that the principle of res judicata under Section 11 of the CPC, though not in terms applicable to writ petitions, can nonetheless bar a subsequent writ petition under Article 32 on the same matter between the same parties?
aKiran Singh v. Chaman Paswan
bDaryao v. State of U.P.
cKailash v. Nanhku
dSatyadhyan Ghosal v. Deorajin Debi
Answer: B
In Daryao v. State of U.P. (AIR 1961 SC 1457), the Supreme Court held that a prior decision in a writ petition operates as res judicata barring a subsequent petition on the same controversy between the same parties.
Under the Code of Civil Procedure, 1908, the definition of 'decree' in Section 2(2) -
aincludes any adjudication from which an appeal lies as an appeal from an order
bexcludes a preliminary decree
cincludes the rejection of a plaint and the determination of any question within Section 144
dincludes any order of dismissal for default
Answer: C
Section 2(2) CPC expressly deems a 'decree' to include the rejection of a plaint and determination of any question within Section 144, while excluding dismissals for default and adjudications appealable as orders.
Where two suits are pending in which the matter in issue is also directly and substantially in issue in a previously instituted suit between the same parties, the court in which the subsequent suit is pending shall stay its proceedings. This rule of res sub judice is contained in -
aSection 10
bSection 11
cSection 12
dSection 13
Answer: A
Section 10 CPC embodies the doctrine of res sub judice, requiring stay of a subsequently instituted suit where the matter in issue is directly and substantially in issue in a previously instituted suit between the same parties.
Under the Code of Civil Procedure, 1908, the High Court's power of revision over subordinate courts which have exercised jurisdiction not vested in them, failed to exercise jurisdiction so vested, or acted illegally or with material irregularity in exercise of jurisdiction, is contained in -
aSection 100
bSection 115
cSection 96
dSection 151
Answer: B
Section 115 CPC confers revisional jurisdiction on the High Court over subordinate courts that have wrongly assumed, declined, or irregularly exercised jurisdiction.
Where it appears to the court that there exist elements of a settlement which may be acceptable to the parties, the court may formulate the terms and refer the dispute for arbitration, conciliation, judicial settlement (including Lok Adalat) or mediation. This provision for settlement of disputes outside the court is found in -
aSection 89
bSection 96
cSection 80
dSection 94
Answer: A
Section 89 CPC, read with Order 10 Rule 1A, empowers the court to refer disputes to arbitration, conciliation, judicial settlement (including Lok Adalat) or mediation.
An application for setting aside a decree passed ex parte against a defendant, on the ground that the summons was not duly served or that he was prevented by sufficient cause from appearing, is governed by -
aOrder 8, Rule 10
bOrder 9, Rule 13
cOrder 9, Rule 9
dOrder 17, Rule 3
Answer: B
Order 9 Rule 13 CPC allows a defendant against whom an ex parte decree is passed to apply for it to be set aside on the ground of non-service of summons or sufficient cause for non-appearance.
In Kailash v. Nanhku (2005), the Supreme Court, while interpreting Order 8 Rule 1 CPC fixing the outer limit of ninety days for filing a written statement, held that the provision is -
aDirectory, so that the court may, in exceptional cases, permit filing beyond ninety days
bMandatory only in suits of a commercial nature decided before 2005
cWholly inapplicable to civil suits
dMandatory, so that the right to file a written statement is forfeited after ninety days
Answer: A
In Kailash v. Nanhku, the Supreme Court held the ninety-day limit in Order 8 Rule 1 to be directory, allowing courts discretion to extend the time in exceptional circumstances for reasons recorded.
Under the Code of Civil Procedure, 1908, the rejection of a plaint, including where the plaint does not disclose a cause of action or the suit appears barred by law, is provided under -
aOrder 6, Rule 17
bOrder 23, Rule 1
cOrder 7, Rule 11
dOrder 8, Rule 6
Answer: C
Order 7 Rule 11 CPC enumerates the grounds for rejection of a plaint, including failure to disclose a cause of action and where the suit appears from the statement in the plaint to be barred by law.
Under Section 144 of the Code of Civil Procedure, 1908, the doctrine of restitution requires the court, on the variation or reversal of a decree, to -
aDirect a fresh trial of the suit in all cases
bAward only the costs of the appeal to the successful party
cRefer the matter to arbitration for assessment of damages
dPlace the parties in the position they would have occupied but for the decree subsequently varied or reversed
Answer: D
Section 144 CPC embodies the doctrine of restitution: on the reversal or variation of a decree, the court must restore the parties, so far as possible, to the position they held before the erroneous decree.
Under the Code of Civil Procedure, 1908, a 'foreign judgment' is conclusive between the same parties, but Section 13 enumerates exceptions to such conclusiveness. Which of the following is NOT one of the grounds on which a foreign judgment ceases to be conclusive?
aWhere it has not been pronounced by a Court of competent jurisdiction
bWhere it is in excess of the pecuniary jurisdiction of the foreign Court even though such Court was otherwise competent and the merits were rightly decided
cWhere it has been obtained by fraud
dWhere it appears on the face of the proceedings to be founded on an incorrect view of international law or a refusal to recognise the law of India
Answer: B
Section 13 lists six exceptions (clauses a to f), including want of competent jurisdiction, decision not on merits, incorrect view of international law/refusal to recognise Indian law, breach of natural justice, fraud, and claims founded on a breach of Indian law. A foreign judgment otherwise on merits is not rendered inconclusive merely on the alleged ground stated in option (d).
'A', a member of an unlawful assembly of five or more persons, joins others in killing 'Z' on the ground of his caste. Under which provision of the Bharatiya Nyaya Sanhita, 2023 (the 'mob lynching' provision) is each member of such group liable?
aSection 111(2)
bSection 103(1)
cSection 117(4)
dSection 103(2)
Answer: D
Section 103(2) of the BNS, 2023 is the new mob-lynching provision: where five or more persons acting in concert commit murder on grounds such as race, caste, community, sex, language or personal belief, each member is liable to death or life imprisonment (minimum seven years) and fine.
A new offence not present in the Indian Penal Code, 1860, namely 'snatching', has been introduced by the Bharatiya Nyaya Sanhita, 2023 under-
aSection 308
bSection 303
cSection 304
dSection 309
Answer: C
Section 304 of the BNS, 2023 newly defines and punishes 'snatching' as a species of theft where the offender suddenly or quickly or forcibly seizes movable property. Section 303 deals with theft generally.
Match List-I (Offence under the Bharatiya Nyaya Sanhita, 2023) with List-II (Section) and select the correct answer using the code given below:
List-I: (A) Robbery (B) Dacoity (C) Extortion (D) Theft
List-II: (1) Section 303 (2) Section 308 (3) Section 309 (4) Section 310
aA-3, B-4, C-2, D-1
bA-3, B-4, C-1, D-2
cA-2, B-1, C-4, D-3
dA-4, B-3, C-1, D-2
Answer: A
In the BNS, 2023: robbery is defined under Section 309, dacoity under Section 310, extortion under Section 308 and theft under Section 303.
'A', a husband, deliberately subjects his wife 'Z' to harassment with a view to coercing her to meet an unlawful demand for property. Under the Bharatiya Nyaya Sanhita, 2023 'A' is liable for cruelty under-
aSection 86
bSection 80
cSection 498A
dSection 85
Answer: D
Section 85 of the BNS, 2023 punishes cruelty to a woman by her husband or his relative (the erstwhile Section 498A IPC). Section 86 supplies the definition of 'cruelty', while Section 80 deals with dowry death.
Where the death of a woman is caused by burns or bodily injury within seven years of marriage and it is shown that soon before her death she was subjected to cruelty in connection with a demand for dowry, the offence of dowry death under the Bharatiya Nyaya Sanhita, 2023 is dealt with under-
aSection 79
bSection 85
cSection 80
dSection 304B
Answer: C
Section 80 of the BNS, 2023 defines and punishes dowry death (minimum seven years, extendable to imprisonment for life), corresponding to the erstwhile Section 304B IPC.
Which of the following statements regarding the Bharatiya Nyaya Sanhita, 2023 is correct?
aForfeiture of property has been retained as a general punishment
bCommunity service has been introduced for the first time as a form of punishment
cSolitary confinement has been abolished as a punishment
dThe death penalty has been abolished for all offences
Answer: B
Section 4 of the BNS, 2023 introduces 'community service' as a new category of punishment, prescribed for six minor offences (such as defamation under Section 356). Solitary confinement, fine and imprisonment continue to be punishments.
'A' throws acid on 'Z' intending to cause permanent disfigurement, and 'Z' is grievously hurt. Under the Bharatiya Nyaya Sanhita, 2023, the minimum punishment for voluntarily causing grievous hurt by use of acid (Section 124) is imprisonment which-
ashall not be less than seven years
bmay extend to three years
cshall not be less than ten years, but which may extend to imprisonment for life
dshall not be less than five years
Answer: C
Section 124(1) of the BNS, 2023 punishes voluntarily causing grievous hurt by use of acid with imprisonment of not less than ten years, extendable to imprisonment for life, and fine.
The Bharatiya Nyaya Sanhita, 2023 introduces, for the first time in the general penal law, a distinct offence of 'organised crime'. It is defined under-
aSection 109
bSection 111
cSection 117
dSection 113
Answer: B
Section 111 of the BNS, 2023 defines and punishes 'organised crime' committed by a crime syndicate, an offence newly inserted into the general penal law. Section 113 separately covers terrorist acts.
Under the Bharatiya Nyaya Sanhita, 2023, the offence of a 'terrorist act' is provided under-
aSection 113
bSection 152
cSection 111
dSection 112
Answer: A
Section 113 of the BNS, 2023 newly defines a 'terrorist act' within the general penal code. Section 152 deals with acts endangering the sovereignty, unity and integrity of India (which replaced the former offence of sedition).
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