Uttar Pradesh Judiciary Mock Test 6 — Questions & Solutions
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In its February 2024 verdict, the Supreme Court struck down the Electoral Bonds Scheme primarily for violating which constitutional right?
aThe right to equality under Article 14
bThe right to information of voters under Article 19(1)(a)
cThe right to life under Article 21
dThe right to freedom of religion under Article 25
Answer: B
In Association for Democratic Reforms v. Union of India (15 Feb 2024), the Supreme Court held the Electoral Bonds Scheme unconstitutional for violating voters' right to information under Article 19(1)(a).
The 106th Constitutional Amendment Act, 2023 (Nari Shakti Vandan Adhiniyam) provides for the reservation of what proportion of seats for women in the Lok Sabha and State Legislative Assemblies?
aOne-half
bOne-fourth
cOne-tenth
dOne-third
Answer: D
The Nari Shakti Vandan Adhiniyam reserves, as nearly as may be, one-third (33%) of directly elected seats in the Lok Sabha and State Assemblies for women.
Implementation of the women's reservation under the Nari Shakti Vandan Adhiniyam is contingent on the completion of which two exercises?
aA referendum and a constitutional review
bA new census and delimitation of constituencies
cElectoral roll revision and EVM verification
dA national consultation and a Supreme Court reference
Answer: B
The Act states that the reservation shall take effect only after delimitation of constituencies undertaken on the basis of the first census conducted after the Act's commencement.
Which state became the first in independent India to implement a Uniform Civil Code, with the law coming into force on 27 January 2025?
aGujarat
bMadhya Pradesh
cAssam
dUttarakhand
Answer: D
Uttarakhand became the first state in independent India to implement a Uniform Civil Code; the UCC of Uttarakhand, 2024 came into force on 27 January 2025.
NEP 2020 recommends that, wherever possible, the medium of instruction until at least Grade 5 (and preferably Grade 8) should be the:
aHindi language only
bEnglish language only
cHome language/mother tongue or local/regional language
dSanskrit language
Answer: C
NEP 2020 emphasises using the home language/mother tongue or local/regional language as the medium of instruction at least until Grade 5, preferably till Grade 8.
As per the 'Status of Tigers in India 2022' estimation, the average estimated tiger population in India was about:
a1,411
b3,682
c2,967
d5,167
Answer: B
The All India Tiger Estimation 2022 put the minimum number at 3,167 (camera-trapped) and the average estimate at about 3,682 tigers (upper limit 3,925).
Under 'Project Cheetah', the first batch of eight cheetahs introduced into Kuno National Park in September 2022 were brought from which country?
aKenya
bTanzania
cNamibia
dBotswana
Answer: C
On 17 September 2022, eight cheetahs from Namibia were released in Kuno National Park, Madhya Pradesh — the world's first intercontinental translocation of a large carnivore.
At the 2023 New Delhi G20 Summit, which regional bloc was admitted as a new permanent member of the G20?
aThe African Union
bThe Arab League
cASEAN
dSAARC
Answer: A
Under India's presidency, the African Union (a 55-member bloc) was admitted as a permanent member of the G20, becoming only the second regional bloc after the EU.
India's new Parliament building was inaugurated by the Prime Minister on:
a28 May 2023
b26 January 2023
c15 August 2023
d26 November 2022
Answer: A
The new Parliament building, part of the Central Vista redevelopment, was inaugurated on 28 May 2023, with the Sengol installed in the Lok Sabha chamber.
The historical sceptre installed in the new Lok Sabha chamber, symbolising the 1947 transfer of power, is known as the:
aAshoka Danda
bSengol
cRajdand
dKalsa
Answer: B
The 'Sengol', a golden sceptre associated with the August 1947 transfer of power to Jawaharlal Nehru, was installed in the new Lok Sabha chamber in May 2023.
On 11 December 2023, the Supreme Court of India delivered a verdict upholding the abrogation of which constitutional provision relating to Jammu and Kashmir?
aArticle 370
bArticle 371
cArticle 356
dArticle 35A only
Answer: A
On 11 December 2023, the Supreme Court upheld the 2019 abrogation of Article 370, holding it to be a temporary provision.
The Jammu and Kashmir Reorganisation Act, 2019 bifurcated the former state into which two Union Territories?
aJammu and Kashmir; and Leh
bJammu; and Kashmir Valley
cKashmir; and Gilgit-Baltistan
dJammu and Kashmir; and Ladakh
Answer: D
The 2019 Act bifurcated the state into the Union Territory of Jammu and Kashmir (with a legislature) and the Union Territory of Ladakh (without a legislature).
The PM Vishwakarma Scheme, launched in September 2023, provides holistic support to artisans and craftspeople engaged in how many traditional trades?
a10 trades
b18 trades
c24 trades
d30 trades
Answer: B
The PM Vishwakarma Scheme, launched on 17 September 2023, covers artisans and craftspeople of 18 traditional trades (such as carpentry, blacksmithing, pottery, tailoring).
In 2024 the Union Cabinet expanded Ayushman Bharat PM-JAY to provide free health cover to all senior citizens irrespective of income above which age?
a60 years
b65 years
c70 years
d75 years
Answer: C
On 11 September 2024 the Cabinet approved extending AB PM-JAY health cover of Rs 5 lakh to all senior citizens aged 70 years and above, irrespective of income.
In the 2024 Lok Sabha elections, which party emerged as the single largest party with 240 seats?
aIndian National Congress
bBharatiya Janata Party
cSamajwadi Party
dAll India Trinamool Congress
Answer: B
In the 2024 general election the Bharatiya Janata Party (BJP) emerged as the single largest party with 240 seats; the NDA secured a majority and the Congress won 99 seats.
The Census of India 2027, whose first official notification was issued in 2025, will be notable as India's first census to be conducted:
aEntirely by postal survey
bWithout any caste enumeration
cDigitally, with self-enumeration option, and including caste enumeration
dOnly in urban areas
Answer: C
Census 2027 is planned as India's first digital census (with a self-enumeration option) and, as decided by the CCPA, will include caste enumeration for the first time since 1931.
On the recommendations of which commission was the Reserve Bank of India established under the Reserve Bank of India Act, 1934?
aSarkaria Commission
bChamberlain Commission
cHilton Young Commission
dMudaliar Commission
Answer: C
The RBI was established on the recommendations of the Hilton Young Commission (Royal Commission on Indian Currency and Finance, 1926) and began operations on 1 April 1935.
In which year was the Reserve Bank of India nationalised, i.e., transferred to public ownership?
a1969
b1947
c1935
d1949
Answer: D
Although established in 1935 as a privately owned bank, the RBI was nationalised on 1 January 1949 under the Reserve Bank of India (Transfer to Public Ownership) Act, 1948.
The Second Five-Year Plan (1956-61), which emphasised rapid industrialisation through heavy industries, was based on the model devised by:
aV.K.R.V. Rao
bAmartya Sen
cD.R. Gadgil
dP.C. Mahalanobis
Answer: D
The Second Five-Year Plan was based on the Mahalanobis model, named after statistician P.C. Mahalanobis, stressing development of heavy and capital goods industries.
In India, one-rupee notes and coins are issued by which authority?
aReserve Bank of India
bState Bank of India
cNITI Aayog
dThe Ministry of Finance, Government of India
Answer: D
While the RBI issues all currency notes of Rs.2 and above, the one-rupee note and coins are issued by the Ministry of Finance, Government of India (one-rupee note bears the Finance Secretary's signature).
Under which system does the Reserve Bank of India issue currency notes since 1957?
aProportional Reserve System
bMinimum Reserve System
cFixed Fiduciary System
dCurrency Board System
Answer: B
Since 1957 the RBI follows the Minimum Reserve System, under which it must keep a minimum reserve of Rs.200 crore (Rs.115 crore in gold and Rs.85 crore in foreign securities).
Under whose Prime Ministership and as part of whose finance ministership were the major economic reforms (LPG) of 1991 launched in India?
aP.V. Narasimha Rao as PM and Manmohan Singh as FM
bMorarji Desai as PM and H.M. Patel as FM
cAtal Bihari Vajpayee as PM and Yashwant Sinha as FM
dRajiv Gandhi as PM and V.P. Singh as FM
Answer: A
The 1991 New Economic Policy (Liberalisation, Privatisation, Globalisation) was launched under PM P.V. Narasimha Rao with Dr. Manmohan Singh as Finance Minister.
The Green Revolution in India, launched in the mid-1960s, was associated primarily with the increased production of which crop in its initial phase?
aRice
bSugarcane
cCotton
dWheat
Answer: D
The Green Revolution in India initially centred on high-yielding varieties of wheat (notably in Punjab and Haryana), associated with M.S. Swaminathan and Norman Borlaug.
Who is widely regarded as the 'Father of the Green Revolution in India'?
aVerghese Kurien
bM.S. Swaminathan
cNorman Borlaug
dP.C. Mahalanobis
Answer: B
Dr. M.S. Swaminathan is regarded as the Father of the Green Revolution in India; Norman Borlaug is considered the father of the Green Revolution worldwide, and Kurien led the White Revolution (dairy).
The National Bank for Agriculture and Rural Development (NABARD) was established in which year?
a1969
b1975
c1991
d1982
Answer: D
NABARD was established on 12 July 1982 on the recommendations of the Shivaraman Committee (CRAFICARD) as the apex development bank for agriculture and rural development.
The International Monetary Fund (IMF) and the World Bank (IBRD) were conceived at which 1944 conference?
aGeneva Conference
bYalta Conference
cSan Francisco Conference
dBretton Woods Conference
Answer: D
The IMF and the IBRD (World Bank) were conceived at the Bretton Woods Conference (UN Monetary and Financial Conference) held in July 1944 in New Hampshire, USA.
Under which Article of the Constitution of India is the 'Annual Financial Statement' (Union Budget) laid before Parliament?
aArticle 110
bArticle 112
cArticle 280
dArticle 360
Answer: B
Article 112 requires the President to cause the Annual Financial Statement (Union Budget) of estimated receipts and expenditure to be laid before Parliament for each financial year.
The poverty line methodology that fixed the poverty line at about Rs.27 per day (rural) and Rs.33 per day (urban) for 2011-12 was recommended by which committee?
aTendulkar Committee
bRangarajan Committee
cLakdawala Committee
dDandekar-Rath Committee
Answer: A
The Suresh Tendulkar Committee methodology set the 2011-12 poverty line at about Rs.27 (rural) and Rs.33 (urban) per capita per day, estimating 21.9% of Indians as poor.
The first official estimate of India's national income after independence was prepared by the National Income Committee (1949) headed by:
aDadabhai Naoroji
bV.K.R.V. Rao
cP.C. Mahalanobis
dD.R. Gadgil
Answer: C
The National Income Committee constituted in 1949 was chaired by P.C. Mahalanobis (with V.K.R.V. Rao and D.R. Gadgil as members) and gave the first official national income estimates.
Who is credited with the first attempt to estimate India's national income (per capita income) in 1867-68?
aDadabhai Naoroji
bR.C. Dutt
cV.K.R.V. Rao
dWilliam Digby
Answer: A
Dadabhai Naoroji made the first attempt to estimate India's national income (1867-68) in his work 'Poverty and Un-British Rule in India', estimating per capita income at about Rs.20.
The Statutory Liquidity Ratio (SLR) is maintained by commercial banks in the form of:
aCash balances kept only with the RBI
bLiquid assets such as cash, gold and approved government securities held by the bank itself
cForeign currency reserves only
dLoans advanced to priority sectors
Answer: B
SLR is the minimum percentage of Net Demand and Time Liabilities that a bank must maintain in the form of liquid assets such as cash, gold and approved (government) securities with itself.
Under the Wild Life (Protection) Act, 1972, the highest degree of legal protection (absolute protection) for species such as the tiger is provided under which Schedule?
aSchedule III
bSchedule II
cSchedule I
dSchedule V
Answer: C
Schedule I of the Wild Life (Protection) Act, 1972 provides absolute protection to species such as the tiger, with the most stringent penalties.
Which animal has been declared India's 'National Heritage Animal'?
aAsian Elephant
bTiger
cLion
dOne-horned Rhinoceros
Answer: A
The Asian Elephant (Elephas maximus) was declared the National Heritage Animal of India by the MoEF in 2010, on the recommendation of the Standing Committee of the National Board for Wildlife.
India's first national park (now part of a tiger reserve), established in 1936, was originally named which of the following?
aKanha National Park
bHailey National Park
cKaziranga National Park
dBandipur National Park
Answer: B
India's first national park was established in 1936 as Hailey National Park (named after Sir Malcolm Hailey); it was later renamed Corbett National Park.
The Forest (Conservation) Act, which restricts the de-reservation of forests and use of forest land for non-forest purposes, was enacted in which year?
a1980
b1974
c1972
d1986
Answer: A
The Forest (Conservation) Act, 1980 regulates the diversion of forest land for non-forest purposes and requires prior approval of the Central Government.
Which is the highest mountain peak situated entirely within the territory of India (not on any international border)?
aKanchenjunga
bK2 (Godwin Austen)
cNanda Devi
dMount Everest
Answer: C
Nanda Devi (7,816 m) in Chamoli district, Uttarakhand, is the highest peak lying wholly within India; Kanchenjunga lies on the India-Nepal border and K2 lies in the Pakistan/China-administered Karakoram.
Which Indian state shares its boundary with the maximum number of other Indian states?
aMadhya Pradesh
bUttar Pradesh
cAssam
dBihar
Answer: B
Uttar Pradesh borders eight states (Uttarakhand, Himachal Pradesh, Haryana, Rajasthan, Madhya Pradesh, Chhattisgarh, Jharkhand, Bihar) plus the NCT of Delhi and an international border with Nepal.
Match List-I (Offence against woman under the Bharatiya Nyaya Sanhita, 2023) with List-II (Section) and select the correct answer using the code given below:
List-I: (A) Voyeurism (B) Stalking (C) Word, gesture or act intended to insult the modesty of a woman (D) Sexual harassment
List-II: (1) Section 75 (2) Section 77 (3) Section 78 (4) Section 79
aA-2, B-3, C-4, D-1
bA-1, B-2, C-3, D-4
cA-4, B-3, C-2, D-1
dA-2, B-3, C-1, D-4
Answer: A
In the BNS, 2023: sexual harassment is under Section 75, voyeurism under Section 77, stalking under Section 78, and word, gesture or act intended to insult the modesty of a woman under Section 79.
'A' has sexual intercourse with 'Z' on a false promise of marriage which he never intended to keep, the act not amounting to rape. Under the Bharatiya Nyaya Sanhita, 2023, this conduct is now a distinct offence under-
aSection 64
bSection 375
cSection 74
dSection 69
Answer: D
Section 69 of the BNS, 2023 is a new provision punishing sexual intercourse obtained by deceitful means, including a false promise of marriage, where the act does not amount to rape; punishment may extend to ten years and fine.
Under the Bharatiya Nyaya Sanhita, 2023, criminal conspiracy is defined under-
aSection 49
bSection 45
cSection 61
dSection 120B
Answer: C
Section 61 of the BNS, 2023 defines and punishes criminal conspiracy (the erstwhile Sections 120A-120B IPC). Abetment is defined under Section 45 of the BNS.
'A', a prisoner on hunger strike, attempts to commit suicide with the intent of compelling a public servant to refrain from discharging his official duty. Under the Bharatiya Nyaya Sanhita, 2023, the only situation in which attempt to commit suicide is made punishable is dealt with under-
aSection 351
bSection 226
cSection 224
dSection 309
Answer: B
Section 226 of the BNS, 2023 punishes attempt to commit suicide only where it is done with intent to compel or restrain a public servant from discharging his official duty; general attempt to suicide (old Section 309 IPC) is no longer an offence.
'A', intending to kill 'Z', fires a loaded gun at 'Z' but misses; the bullet instead strikes and kills 'Y', a bystander whose presence was unknown to 'A'. Under the Bharatiya Nyaya Sanhita, 2023, 'A' is liable for the death of 'Y'-
aOnly for causing death by negligence, as 'A' had no intention against 'Y'
bFor no offence, as the act against 'Y' was wholly involuntary
cFor murder, the intention to kill 'Z' being transferred to the killing of 'Y'
dFor culpable homicide not amounting to murder, since the death of 'Y' was accidental
Answer: C
Section 100 of the BNS, 2023 (culpable homicide), like its predecessor, embodies the doctrine of transferred malice: the culpable intent directed at the intended victim is transferred to the person actually killed, making 'A' liable for murder under Section 101/103.
Under the Bharatiya Nyaya Sanhita, 2023, the offence of 'snatching'-newly carved out as a distinct offence-is dealt with under-
aSection 309 (Robbery)
bSection 304
cSection 310 (Dacoity)
dSection 303 (Theft)
Answer: B
Section 304 of the BNS, 2023 introduces 'snatching' as a separate offence-theft is 'snatching' if, to commit theft, the offender suddenly, quickly or forcibly seizes, secures, grabs or takes away movable property from a person or his possession.
'A', a goldsmith, is entrusted by 'B' with gold ornaments only for the purpose of polishing. 'A' instead pledges the ornaments with a moneylender and pockets the money. Under the Bharatiya Nyaya Sanhita, 2023, 'A' is guilty of-
aCriminal breach of trust under Section 316
bTheft under Section 303
cCheating under Section 318
dDishonest misappropriation of property under Section 314
Answer: A
Section 316 of the BNS, 2023 (criminal breach of trust) applies where a person entrusted with property dishonestly misappropriates it or uses it in violation of the direction governing the trust; the entrustment for polishing followed by dishonest pledging squarely attracts it.
Which of the following pairs of offence and its governing section under the Bharatiya Nyaya Sanhita, 2023 is NOT correctly matched?
aCheating - Section 316
bRobbery - Section 309
cDacoity - Section 310
dExtortion - Section 308
Answer: A
Under the BNS, 2023 cheating is defined in Section 318, not Section 316; Section 316 deals with criminal breach of trust. Extortion (308), robbery (309) and dacoity (310) are correctly matched.
Under the Bharatiya Nagarik Suraksha Sanhita, 2023, the provision for grant of bail to a person apprehending arrest on an accusation of having committed a non-bailable offence (anticipatory bail) is contained in -
aSection 480
bSection 482
cSection 438
dSection 187
Answer: B
Section 482 of the BNSS, 2023, deals with the grant of bail to a person apprehending arrest (anticipatory bail); it replaced Section 438 of the CrPC, 1973.
Under the proviso to Section 187 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the maximum period for which an accused may be detained otherwise than in the custody of the police (i.e., the total period of detention before charge-sheet) where the offence is punishable with imprisonment for ten years or more, life imprisonment or death is -
aSixty days
bSeventy-five days
cNinety days
dOne hundred and twenty days
Answer: C
Under Section 187(3) of the BNSS, the magistrate cannot authorise detention exceeding ninety days for offences punishable with death, life imprisonment or imprisonment of ten years or more, and sixty days for other offences, after which the accused gets a right to default bail.
Under the Bharatiya Nagarik Suraksha Sanhita, 2023, the total period for which a person may be remanded to police custody under Section 187 cannot exceed -
aTwenty-four hours
bThirty days
cSeven days
dFifteen days
Answer: D
Under Section 187 of the BNSS, the total period of police custody cannot exceed fifteen days, though it may be sought in parts within the initial forty or sixty days of the detention period.
Which of the following statements regarding registration of information under Section 173 of the Bharatiya Nagarik Suraksha Sanhita, 2023 is/are correct? 1. Information relating to a cognizable offence may be given by electronic communication. 2. A 'Zero FIR' may be registered irrespective of the territorial jurisdiction in which the offence was committed. Select the correct answer using the code given below:
a1 only
b2 only
cBoth 1 and 2
dNeither 1 nor 2
Answer: C
Section 173(1) of the BNSS permits information to be given by electronic communication and statutorily recognises 'Zero FIR', requiring registration irrespective of the place where the offence was committed.
Under Section 173(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023, a preliminary enquiry (with prior permission of an officer not below the rank of Deputy Superintendent of Police) may be conducted before registering a case where the cognizable offence is punishable with imprisonment for -
aLess than three years
bSeven years or more
cThree years or more but less than seven years
dTen years or more
Answer: C
Section 173(3) of the BNSS allows a preliminary enquiry, to be completed within fourteen days, for cognizable offences punishable with imprisonment of three years or more but less than seven years, with prior permission of an officer not below the rank of DSP.
Under Section 176(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023, a forensic expert is mandatorily required to visit the crime scene to collect forensic evidence in respect of any offence punishable with imprisonment for -
aFive years or more
bThree years or more
cTen years or more
dSeven years or more
Answer: D
Section 176(3) of the BNSS makes it mandatory for a forensic expert to visit the crime scene to collect forensic evidence and to videograph the process for offences punishable with imprisonment of seven years or more.
Under Section 193 of the Bharatiya Nagarik Suraksha Sanhita, 2023, where the offence is punishable with imprisonment for less than ten years, the police report on completion of investigation must ordinarily be filed within -
aThirty days
bNinety days
cTwenty-four hours
dSixty days
Answer: D
Under Section 193 of the BNSS, the final report (charge-sheet) must be filed within sixty days where the offence is punishable with imprisonment of less than ten years, and within ninety days for graver offences.
A Judicial Magistrate of the First Class, under Section 23 of the Bharatiya Nagarik Suraksha Sanhita, 2023, may pass a sentence of imprisonment for a term not exceeding -
aTen years
bThree years
cOne year
dSeven years
Answer: B
Under Section 23 of the BNSS, a Judicial Magistrate of the First Class may pass a sentence of imprisonment not exceeding three years, or a fine up to fifty thousand rupees, or both, and may also order community service.
Under the Bharatiya Nagarik Suraksha Sanhita, 2023, recording of the process of search and seizure through audio-video electronic means (preferably a mobile phone) is provided for under -
aSection 185
bSection 105
cSection 173
dSection 176
Answer: B
Section 105 of the BNSS mandates that the conduct of search and seizure, including preparation of the seizure list, be recorded through audio-video electronic means and forwarded to the magistrate without delay.
Under the Bharatiya Nagarik Suraksha Sanhita, 2023, the provision enabling inquiry, trial or judgment in absentia of a proclaimed offender is contained in -
aSection 299
bSection 356
cSection 482
dSection 84
Answer: B
Section 356 of the BNSS introduces trial in absentia of a proclaimed offender; the trial may commence only after at least ninety days have elapsed from the framing of charge.
Under Section 356 of the Bharatiya Nagarik Suraksha Sanhita, 2023, a trial in absentia of a proclaimed offender may be commenced only after the expiry of -
aOne year from declaration as proclaimed offender
bSixty days from framing of charge
cNinety days from framing of charge
dThirty days from issue of proclamation
Answer: C
Section 356 of the BNSS permits the court to proceed with the trial in absentia of a proclaimed offender only after a period of ninety days has lapsed from the date of framing of charge.
Under the Bharatiya Nagarik Suraksha Sanhita, 2023, plea bargaining is permissible, but it is expressly excluded in respect of an offence punishable with -
aImprisonment exceeding three years
bImprisonment exceeding five years
cFine only
dImprisonment for a term exceeding seven years, or death or life imprisonment
Answer: D
Under the plea bargaining provisions beginning at Section 289 of the BNSS, plea bargaining is not available for offences punishable with death, imprisonment for life, or imprisonment for a term exceeding seven years.
Under Section 472 of the Bharatiya Nagarik Suraksha Sanhita, 2023, a convict under sentence of death may file a mercy petition before the President under Article 72 or the Governor under Article 161 within -
aThirty days
bSixty days
cFifteen days
dSeven days
Answer: A
Section 472 of the BNSS provides that a mercy petition in a death sentence case may be filed within thirty days from the date the jail Superintendent informs the convict of the dismissal of appeal or confirmation of the death sentence.
Which of the following is correctly matched with its provision under the Bharatiya Nagarik Suraksha Sanhita, 2023?
aVictim Compensation Scheme - Section 398
bWitness Protection Scheme - Section 398
cMercy petition - Section 396
dWitness Protection Scheme - Section 396
Answer: B
Under the BNSS, Section 398 requires every State Government to prepare and notify a Witness Protection Scheme, while Section 396 deals with the Victim Compensation Scheme.
Under Section 35 of the Bharatiya Nagarik Suraksha Sanhita, 2023, which of the following is NOT a circumstance in which a police officer may arrest a person without a warrant and without an order of the magistrate?
aA person against whom a reasonable complaint of a non-cognizable offence triable by a Magistrate has been made
bA person who has been proclaimed an offender
cA person against whom credible information has been received of involvement in a cognizable offence punishable with imprisonment exceeding seven years
dA person who commits a cognizable offence in the presence of the police officer
Answer: A
Section 35 of the BNSS authorises arrest without warrant only in cognizable cases and the enumerated circumstances; a mere complaint of a non-cognizable offence is not a ground for warrantless arrest.
Under Section 23 of the Bharatiya Nagarik Suraksha Sanhita, 2023, a Magistrate of the first class may pass a sentence of fine not exceeding-
aone lakh rupees
bfifty thousand rupees
ctwenty-five thousand rupees
dten thousand rupees
Answer: B
Section 23(2) BNSS allows a Magistrate of the first class to impose imprisonment up to three years, or fine up to fifty thousand rupees, or both, or community service.
Which one of the following is a NEW form of punishment that a Magistrate is expressly empowered to award under Section 23 of the Bharatiya Nagarik Suraksha Sanhita, 2023, but which had no equivalent in the Code of Criminal Procedure, 1973?
aSolitary confinement
bWhipping
cCommunity service
dForfeiture of property
Answer: C
Section 23 BNSS introduces 'community service' as a sentencing option for Magistrates, a punishment not provided for under the old CrPC.
Under the UN Charter, members of the United Nations have agreed to accept and carry out the decisions of the Security Council in accordance with -
aArticle 27
bArticle 25
cArticle 2(7)
dArticle 24
Answer: B
Article 25 of the UN Charter provides that members agree to accept and carry out the decisions of the Security Council; Article 24 confers on it primary responsibility for the maintenance of international peace and security.
The Economic and Social Council (ECOSOC) of the United Nations consists of fifty-four members elected by the General Assembly. The members are elected for a term of -
athree years, one-third retiring each year
bsix years, half retiring every three years
ctwo years
dfive years
Answer: A
ECOSOC has 54 members elected by the General Assembly for three-year terms, with eighteen (one-third) elected each year to replace those whose terms expire.
The provision that 'Everyone has the right to a nationality' and that no one shall be arbitrarily deprived of his nationality finds place in -
athe Geneva Convention relating to the Status of Refugees, 1951
bthe Convention on the Rights of the Child, 1989
cthe International Covenant on Civil and Political Rights, 1966
dArticle 15 of the Universal Declaration of Human Rights, 1948
Answer: D
Article 15 of the Universal Declaration of Human Rights, 1948 declares that everyone has the right to a nationality and that no one shall be arbitrarily deprived of his nationality nor denied the right to change it.
The doctrine of 'rebus sic stantibus' in the law of treaties refers to -
athe supremacy of treaties over customary international law
bthe requirement of registration of treaties with the UN Secretariat
cthe binding force of treaties on third States
dtermination or withdrawal from a treaty owing to a fundamental change of circumstances
Answer: D
Recognised in Article 62 of the Vienna Convention on the Law of Treaties, 1969, the doctrine of rebus sic stantibus permits a party to invoke a fundamental change of circumstances as a ground for terminating or withdrawing from a treaty, subject to strict limits.
Under Article 38 of the Statute of the International Court of Justice, which one of the following is treated NOT as a primary source but only as a 'subsidiary means' for the determination of rules of law?
aInternational conventions establishing rules expressly recognised by the contesting States
bInternational custom, as evidence of a general practice accepted as law
cThe general principles of law recognised by civilized nations
dJudicial decisions and the teachings of the most highly qualified publicists of the various nations
Answer: D
Article 38(1)(d) of the ICJ Statute lists judicial decisions and the teachings of qualified publicists as 'subsidiary means' for determining rules of law; conventions, custom and general principles are the primary sources.
Under Article 27 of the U.N. Charter, a decision of the Security Council on a non-procedural (substantive) matter requires an affirmative vote of-
aa two-thirds majority of the members present and voting
bnine members, a negative vote of a permanent member being immaterial
cnine members including the concurring votes of all the permanent members
dseven members including the concurring votes of all the permanent members
Answer: C
Article 27(3) requires an affirmative vote of nine members including the concurring votes of the permanent members for non-procedural matters, which is the basis of the 'veto'.
Under the U.N. Charter, the expulsion of a Member which has persistently violated the Principles of the Charter is effected by-
athe Security Council alone
bthe International Court of Justice on a reference by the Secretary-General
cthe General Assembly alone by a simple majority
dthe General Assembly upon the recommendation of the Security Council
Answer: D
Under Article 6 of the U.N. Charter, a Member which has persistently violated the Principles may be expelled by the General Assembly upon the recommendation of the Security Council.
Match List-I (U.N. Charter Article) with List-II (subject) and select the correct answer using the code given below: List-I (A) Article 4 (B) Article 5 (C) Article 6 (D) Article 23. List-II (1) Suspension of a Member (2) Composition of the Security Council (3) Admission of a new Member (4) Expulsion of a Member.
aA-1, B-3, C-2, D-4
bA-3, B-4, C-1, D-2
cA-4, B-1, C-3, D-2
dA-3, B-1, C-4, D-2
Answer: D
Article 4 covers admission, Article 5 suspension, Article 6 expulsion, and Article 23 the composition of the Security Council.
Under the Statute of the International Court of Justice, the Court consists of how many Members, and for what term are they elected?
aEighteen Members elected for a term of nine years
bEleven Members elected for a term of six years
cFifteen Members elected for a term of nine years
dFifteen Members elected for a term of five years
Answer: C
Article 3 of the ICJ Statute fixes the Court at fifteen Members, and Article 13 provides that they are elected for nine years and may be re-elected, one-third retiring every three years.
Given below are two statements, one labelled as Assertion (A) and the other as Reason (R). Assertion (A): A treaty is void if at the time of its conclusion it conflicts with a peremptory norm of general international law (jus cogens). Reason (R): A peremptory norm is one from which no derogation is permitted and which can be modified only by a subsequent norm of the same character. Select the correct answer:
a(A) is true but (R) is false
bBoth (A) and (R) are true but (R) is not the correct explanation of (A)
cBoth (A) and (R) are true and (R) is the correct explanation of (A)
d(A) is false but (R) is true
Answer: C
Article 53 of the Vienna Convention on the Law of Treaties, 1969 voids a treaty conflicting with jus cogens and defines such a norm exactly as in (R), so (R) correctly explains (A).
Which one of the following Articles of the U.N. Charter enumerates negotiation, enquiry, mediation, conciliation, arbitration and judicial settlement as means for the pacific settlement of disputes?
aArticle 25
bArticle 33
cArticle 51
dArticle 2(4)
Answer: B
Article 33 of the U.N. Charter requires parties to a dispute to first seek a solution by negotiation, enquiry, mediation, conciliation, arbitration, judicial settlement or other peaceful means.
Under Article 96 of the U.N. Charter, who among the following may request the International Court of Justice to give an advisory opinion on any legal question?
aAny individual Member State of the United Nations
bOnly the Secretary-General of the United Nations
cThe General Assembly or the Security Council
dThe highest national court of any Member State
Answer: C
Article 96(1) of the Charter empowers the General Assembly or the Security Council to request an advisory opinion of the ICJ on any legal question; other organs and agencies may do so only if authorised by the General Assembly.
Match List-I (Organisation) with List-II (Headquarters) and select the correct answer using the code given below: List-I (A) World Health Organization (B) Food and Agriculture Organization (C) UNESCO (D) International Monetary Fund. List-II (1) Rome (2) Paris (3) Geneva (4) Washington, D.C.
aA-2, B-1, C-3, D-4
bA-1, B-3, C-2, D-4
cA-3, B-2, C-1, D-4
dA-3, B-1, C-2, D-4
Answer: D
WHO and ILO are at Geneva, FAO at Rome, UNESCO at Paris, and the IMF (with the World Bank) at Washington, D.C.
Article 7 of the U.N. Charter establishes the principal organs of the United Nations. Which one of the following is NOT among them?
aThe International Law Commission
bThe International Court of Justice
cThe Economic and Social Council
dThe Trusteeship Council
Answer: A
Article 7 lists six principal organs - General Assembly, Security Council, Economic and Social Council, Trusteeship Council, ICJ and Secretariat. The International Law Commission is a subsidiary body created by the General Assembly, not a principal organ.
Which Article of the Universal Declaration of Human Rights, 1948 declares that 'All human beings are born free and equal in dignity and rights'?
aArticle 25
bArticle 1
cArticle 3
dArticle 7
Answer: B
Article 1 of the Universal Declaration of Human Rights, adopted on 10 December 1948, proclaims that all human beings are born free and equal in dignity and rights.
Under Article 23 of the U.N. Charter, the Security Council consists of fifteen Members, of whom the permanent members are-
aChina, India, the Russian Federation, the United Kingdom and the United States
bChina, France, the Russian Federation, the United Kingdom and the United States
cChina, France, Germany, the United Kingdom and the United States
dFrance, Japan, the Russian Federation, the United Kingdom and the United States
Answer: B
Article 23 makes China, France, the Russian Federation, the United Kingdom and the United States the five permanent members, with ten non-permanent members elected for two-year terms.
The principle 'pacta sunt servanda', that every treaty in force is binding upon the parties and must be performed by them in good faith, is embodied in which Article of the Vienna Convention on the Law of Treaties, 1969?
aArticle 18
bArticle 53
cArticle 62
dArticle 26
Answer: D
Article 26 of the Vienna Convention on the Law of Treaties, 1969 lays down pacta sunt servanda; rebus sic stantibus (fundamental change of circumstances) is in Article 62 and jus cogens in Article 53.
Under the Indian Contract Act, 1872, where a guarantee extends to a series of transactions, it is called a:
aspecific guarantee
bcontinuing guarantee
cimplied guarantee
dretrospective guarantee
Answer: B
Section 129 defines a continuing guarantee as one which extends to a series of transactions, as opposed to a guarantee confined to a single transaction.
'A' promises 'B' to drop a criminal prosecution he has instituted against 'B' for an offence, and 'B' promises to restore the value of the things in respect of which the prosecution was begun. The agreement is:
avalid, but only if a court approves the compromise
bvoidable at the option of A
cvalid, as B has furnished consideration
dvoid, because the consideration or object is unlawful as opposed to public policy
Answer: D
Stifling a prosecution makes the agreement's object/consideration unlawful under Section 23 (opposed to public policy), rendering the agreement void.
Consider the following statements regarding consideration under the Indian Contract Act, 1872:
1. Consideration may move from the promisee or any other person.
2. Consideration need not be adequate, but must be real and lawful.
3. Past consideration is no consideration under Indian law.
Which of the statements is/are correct?
a1 and 3 only
b2 and 3 only
c1 and 2 only
d1, 2 and 3
Answer: C
Under Section 2(d) consideration may move from the promisee 'or any other person', and Explanation 2 to Section 25 shows adequacy is not required though it must be real and lawful. Unlike English law, Indian law recognises past consideration, so statement 3 is incorrect.
Under the Indian Contract Act, 1872, the communication of an acceptance is complete as against the proposer:
awhen the acceptor begins to communicate it
bwhen it comes to the knowledge of the proposer
cwhen the proposer dispatches his proposal
dwhen it is put in a course of transmission to him, so as to be out of the power of the acceptor
Answer: D
Section 4 provides that the communication of an acceptance is complete as against the proposer when it is put in a course of transmission to him so as to be out of the power of the acceptor, and as against the acceptor only when it comes to the proposer's knowledge.
A clause in a contract of employment restraining the employee from serving a competitor only during the subsistence (term) of the employment:
ais valid only if registered
bis valid and enforceable, as held in Niranjan Shankar Golikari v. Century Spinning & Mfg. Co. Ltd.
cis void as being in restraint of trade under Section 27
dis voidable at the option of the employer
Answer: B
In Niranjan Shankar Golikari v. Century Spinning & Mfg. Co. Ltd. (1967), the Supreme Court held that a negative covenant operating during the term of employment is not hit by Section 27 and is enforceable, unlike a post-employment restraint.
Under the Indian Contract Act, 1872, the communication of a proposal is complete-
awhen it is put in a course of transmission to the person to whom it is made
bwhen the proposer signs the proposal
cwhen it comes to the knowledge of the person to whom it is made
dwhen the acceptance of the proposal is communicated to the proposer
Answer: C
Section 4 provides that the communication of a proposal is complete when it comes to the knowledge of the person to whom it is made. The rule in (a) applies to communication of acceptance as against the proposer, not to a proposal.
A agrees to sell a horse to B for Rs. 1,000 if the horse is sound, and for Rs. 500 if it is unsound. The horse proves to be unsound. Which provision of the Indian Contract Act, 1872 makes this agreement valid and not void for uncertainty?
aIt is void under Section 29 as the meaning is uncertain
bIt is voidable at the option of B
cIt is a contingent contract that cannot be enforced
dIt is valid because the agreement provides the means of making its meaning certain
Answer: D
Section 29 voids only agreements whose meaning is not certain or capable of being made certain. Here the soundness of the horse furnishes the means of ascertaining the price, so the agreement is certain and valid.
A, for natural love and affection, promises to give his brother B Rs. 1,000. A puts his promise in writing and registers it. B sues A on the promise. Which statement is correct?
aThe agreement is void for want of consideration under Section 25
bThe agreement is voidable at the option of A
cThe agreement is enforceable only if B has rendered past services
dThe agreement is a valid contract under the first exception to Section 25
Answer: D
Under the first exception to Section 25, a promise made on account of natural love and affection between parties standing in a near relation to each other, expressed in writing and registered, is a valid contract though made without consideration.
Where a person is induced to enter into an agreement by undue influence, the contract is-
avoidable at the option of the party whose consent was so caused
bvalid and binding on both parties
cillegal and unenforceable
dvoid ab initio
Answer: A
Section 19A provides that when consent to an agreement is caused by undue influence (defined in Section 16), the agreement is a contract voidable at the option of the party whose consent was so caused.
Mere silence as to facts likely to affect the willingness of a person to enter into a contract is not fraud under the Indian Contract Act, 1872, unless-
athe circumstances are such that it is the duty of the person keeping silence to speak, or his silence is, in itself, equivalent to speech
bthe contract relates to the sale of immovable property in all cases
cthe other party suffers a loss exceeding Rs. 10,000
dsilence is maintained for more than thirty days
Answer: A
The Explanation to Section 17 provides that mere silence is not fraud unless the circumstances are such that it is the duty of the person keeping silence to speak, or unless his silence is, in itself, equivalent to speech.
Necessaries are supplied to a minor suited to his condition in life. Under Section 68 of the Indian Contract Act, 1872, the person who has furnished such supplies is entitled to be reimbursed-
afrom the property of such minor
bfrom the personal earnings of the minor only
cby the minor personally after he attains majority
dfrom the guardian personally in every case
Answer: A
Section 68 makes only the property of the minor (incapable person) liable for necessaries supplied; the minor incurs no personal liability.
An agreement in restraint of the marriage of any person, other than a minor, is-
avoid
bvalid if reasonable
cvoidable at the option of the person restrained
dvalid only if made in writing
Answer: A
Section 26 declares every agreement in restraint of the marriage of any person, other than a minor, to be void; there is no test of reasonableness as under restraint of trade.
Which of the following correctly describes the legal status of an agreement by way of wager under the Indian Contract Act, 1872?
aIt is valid if the stake does not exceed Rs. 1,000
bIt is void, and no suit can be brought for recovering anything alleged to be won on any wager
cIt is voidable at the option of the loser
dIt is illegal and punishable
Answer: B
Section 30 declares agreements by way of wager void, and provides that no suit shall be brought for recovering anything alleged to be won on any wager. A wager is void but not illegal.
In a contingent contract dependent on the happening of a future uncertain event, if that event becomes impossible, the contract-
abecomes voidable at the option of the promisee
bremains valid until the time fixed expires
cis enforceable for damages only
dbecomes void
Answer: D
Under Section 32, contingent contracts to do or not to do anything if an uncertain future event happens cannot be enforced unless and until that event has happened; if the event becomes impossible, such contracts become void.
In which kind of mortgage under Section 58 of the Transfer of Property Act, 1882 does the mortgagor deliver possession of the property to the mortgagee and authorise him to retain it until payment, receiving the rents and profits in lieu of interest or in payment of principal?
aEnglish mortgage
bUsufructuary mortgage
cSimple mortgage
dMortgage by conditional sale
Answer: B
In a usufructuary mortgage under Section 58(d), the mortgagee is put in possession and appropriates rents and profits towards interest and/or principal until the debt is discharged.
Under Section 106 of the Transfer of Property Act, 1882, in the absence of a contract, local law or usage to the contrary, a lease of immovable property for manufacturing purposes shall be deemed to be:
aA lease from year to year, terminable by six months' notice
bA lease from month to month, terminable by fifteen days' notice
cA lease at will, terminable without notice
dA lease for eleven months, not requiring any notice
Answer: A
Section 106 deems a lease for agricultural or manufacturing purposes to be a year-to-year lease terminable by six months' notice, while a lease for any other purpose is month-to-month terminable by fifteen days' notice.
Which of the following is an actionable claim within the meaning of Section 3 of the Transfer of Property Act, 1882?
aA decree for damages for a tort
bA claim to mesne profits
cAn unsecured debt due from a debtor
dA debt secured by a mortgage of immovable property
Answer: C
Section 3 defines an actionable claim as a claim to an unsecured debt (other than one secured by mortgage, hypothecation or pledge) or a beneficial interest in movable property not in the claimant's possession. An unsecured debt squarely qualifies; mesne profits and tort damages are mere rights to sue.
Under Section 130 of the Transfer of Property Act, 1882, the transfer of an actionable claim, whether with or without consideration, can be effected only:
aBy a registered instrument attested by two witnesses
bOrally, followed by delivery of possession
cBy mere notice in writing to the debtor
dBy the execution of an instrument in writing signed by the transferor or his duly authorised agent
Answer: D
Section 130 requires that an actionable claim be transferred by an instrument in writing signed by the transferor or his authorised agent; an oral transfer is ineffective. The transfer is complete on execution, whether or not notice is given to the debtor.
A by a deed gives B his house and by the same deed purports to give to C a sum of money belonging to B. If B elects to retain his money, what is the consequence under the doctrine of election in Section 35 of the Transfer of Property Act, 1882?
aB may keep both his money and the house given to him
bThe entire deed becomes void
cB must relinquish the benefit conferred on him under the same transaction, i.e. the house
dC alone may avoid the transaction
Answer: C
Under Section 35, a person who takes a benefit under an instrument must also bear the burden created by it; one cannot approbate and reprobate. If B retains his own money, he must give up the benefit (the house) conferred by the same deed.
During the pendency of a suit in which the right to specified immovable property is directly and specifically in question, a party transfers that property to a third person. Under Section 52 of the Transfer of Property Act, 1882, the transfer:
aAutomatically vests the property in the opposite party
bIs valid but cannot affect the rights of any other party to the suit under the decree that may be made
cIs absolutely void
dRequires the prior leave of the court to be valid
Answer: B
Section 52 (doctrine of lis pendens) does not void the transfer; it makes the transfer subordinate to the rights of the parties as finally decided, so the transferee takes subject to the outcome of the suit.
Which of the following kinds of property is NOT capable of being transferred under Section 6 of the Transfer of Property Act, 1882?
aA reversion in immovable property
bA leasehold interest in immovable property
cAn actionable claim by a written instrument
dA right of easement, apart from the dominant heritage
Answer: D
Section 6(c) provides that an easement cannot be transferred apart from the dominant heritage to which it is attached. Leaseholds, reversions and actionable claims are otherwise transferable.
Under the Transfer of Property Act, 1882, the chance of an heir-apparent succeeding to an estate (spes successionis):
aCan be transferred only with the consent of the present owner
bCan be transferred if the transfer is for consideration
cCannot be transferred at all under Section 6(a)
dCan be transferred only by way of gift
Answer: C
Section 6(a) of the Act expressly bars transfer of the chance of an heir-apparent succeeding to an estate (spes successionis); such a mere expectancy is not property and a transfer of it is void ab initio.
'A' professes to transfer to 'B' a field which in fact belongs to 'C', and by the same instrument confers Rs. 50,000 on 'C'. 'C' wishes to keep the field. Under the doctrine of election (Section 35), 'C':
aMust elect either to keep the field and relinquish the Rs. 50,000, or to confirm the transfer and take the money
bMay retain both the field and the Rs. 50,000 since the transfer of the field is void
cIs entitled to the field as well as proportionate damages from 'A'
dMust surrender the field because the instrument is binding on him
Answer: A
Section 35 embodies the maxim quod approbat non reprobat: a person taking a benefit under an instrument must also bear its burden, so 'C' cannot retain his field and also accept the benefit conferred by the same transaction; he must elect.
Which one of the following is NOT correctly matched?
aDoctrine of part performance - Section 53A
bDoctrine of election - Section 43
cDoctrine of lis pendens - Section 52
dTransfer by ostensible owner - Section 41
Answer: B
The doctrine of election is contained in Section 35, not Section 43; Section 43 deals with feeding the grant by estoppel (transfer by an unauthorised person who later acquires the interest).
Under Section 54 of the Transfer of Property Act, sale of tangible immovable property of the value of one hundred rupees and upwards can be made:
aOnly by delivery of possession
bEither by a registered instrument or by delivery of possession
cOnly by an instrument in writing, whether registered or not
dOnly by a registered instrument
Answer: D
Section 54 mandates that for tangible immovable property of value Rs. 100 or more (and for any reversion or other intangible thing), the sale can be made only by a registered instrument; delivery alone suffices only where the value is less than Rs. 100.
Where the mortgagor ostensibly sells the property on condition that on default of payment by a certain date the sale shall become absolute, the mortgage is a:
aMortgage by conditional sale
bSimple mortgage
cUsufructuary mortgage
dEnglish mortgage
Answer: A
Section 58(c) defines a mortgage by conditional sale; the proviso requires that the condition making the sale absolute (or void) on payment be embodied in the very document that effects the ostensible sale.
In the absence of a contract, local law or usage to the contrary, a lease of immovable property for manufacturing purposes is deemed under Section 106 to be:
aA lease in perpetuity, not terminable by notice
bA lease from year to year, terminable by six months' notice
cA lease for eleven months, terminable by thirty days' notice
dA lease from month to month, terminable by fifteen days' notice
Answer: B
Section 106 deems a lease for agricultural or manufacturing purposes to be from year to year, terminable by six months' notice; only leases for any other purpose are deemed month to month, terminable by fifteen days' notice.
Which of the following correctly states the doctrine of subrogation under Section 92 of the Transfer of Property Act?
aA surety who pays the debt loses all rights against the mortgaged property
bA subsequent purchaser automatically takes free of all prior mortgages
cA mortgagor who redeems acquires the rights of all prior mortgagees
dA person redeeming a mortgage steps into the shoes of the mortgagee whose mortgage he redeems
Answer: D
Under Section 92, a person referred to in Section 91 (other than the mortgagor) or a co-mortgagor, on redeeming the mortgage, acquires the same rights as the mortgagee whose mortgage he redeems, being subrogated to the mortgagee's position.
The doctrine that Parliament's power to amend the Constitution under Article 368 does not extend to altering its 'basic structure' was first propounded by the Supreme Court in:
aGolak Nath v. State of Punjab
bSajjan Singh v. State of Rajasthan
cShankari Prasad v. Union of India
dKesavananda Bharati v. State of Kerala
Answer: D
In Kesavananda Bharati v. State of Kerala (1973), a 13-Judge Bench held by majority that Article 368 does not permit amendment of the basic structure of the Constitution.
Article 368(2) provides that for an amendment of certain entrenched provisions, in addition to passage by a special majority of Parliament, ratification is required by the Legislatures of:
anot less than one-third of the States
bnot less than two-thirds of the States
cnot less than one-half of the States
dall the States
Answer: C
For amendments affecting federal provisions, the proviso to Article 368(2) requires ratification by the Legislatures of not less than one-half of the States before the Bill is presented for assent.
The residuary power to make laws with respect to any matter not enumerated in the Concurrent List or State List is vested exclusively in Parliament by:
aArticle 248
bArticle 254
cArticle 246
dArticle 245
Answer: A
Article 248 confers exclusive residuary legislative power on Parliament for any matter not enumerated in the State or Concurrent Lists.
The three-tier system of Panchayati Raj institutions was given constitutional status by the insertion of Part IX (Articles 243 to 243-O) through which Constitutional Amendment Act?
aSeventy-third Amendment
bSixty-first Amendment
cForty-second Amendment
dSeventy-fourth Amendment
Answer: A
The 73rd Amendment Act, 1992 inserted Part IX (Articles 243 to 243-O) establishing Panchayati Raj institutions at village, intermediate and district levels.
The superintendence, direction and control of the preparation of electoral rolls for, and the conduct of, elections to Parliament and State Legislatures is vested in the Election Commission by:
aArticle 315
bArticle 324
cArticle 243-K
dArticle 280
Answer: B
Article 324 vests the superintendence, direction and control of elections to Parliament and the State Legislatures (and to the offices of President and Vice-President) in the Election Commission of India.
Under Article 360, the President may proclaim a Financial Emergency if satisfied that a situation has arisen whereby:
athe security of India is threatened by armed rebellion
bthe President has received a written request from the State concerned
cthe government of a State cannot be carried on in accordance with the Constitution
dthe financial stability or credit of India or any part of its territory is threatened
Answer: D
Article 360 empowers the President to declare a Financial Emergency on being satisfied that the financial stability or credit of India or of any part of its territory is threatened.
Match List-I (Provision) with List-II (Article) and select the correct answer using the codes below:
List-I: (A) Abolition of untouchability (B) Abolition of titles (C) Protection against arrest and detention in certain cases (D) Right to constitutional remedies
List-II: (1) Article 32 (2) Article 17 (3) Article 22 (4) Article 18
aA-2, B-4, C-1, D-3
bA-4, B-2, C-1, D-3
cA-2, B-4, C-3, D-1
dA-1, B-3, C-4, D-2
Answer: C
Untouchability is abolished by Article 17, titles by Article 18, protection against arbitrary arrest is Article 22, and the right to constitutional remedies is Article 32.
The right to property was deleted from the chapter on Fundamental Rights and made an ordinary legal/constitutional right under Article 300-A by which Amendment?
aEighty-sixth Amendment
bTwenty-fifth Amendment
cForty-fourth Amendment
dForty-second Amendment
Answer: C
The 44th Amendment Act, 1978 omitted Article 19(1)(f) and Article 31, relocating the right to property to Article 300-A as a constitutional (non-fundamental) right.
Which Article obliges the Union to recommend the constitution of a Finance Commission at stated intervals to distribute the net proceeds of taxes between the Union and the States?
aArticle 280
bArticle 275
cArticle 282
dArticle 263
Answer: A
Article 280 provides for the President to constitute a Finance Commission to recommend distribution of tax proceeds between the Union and the States and the principles of grants-in-aid.
Assertion (A): The 38th Amendment had made the President's satisfaction in proclaiming an Emergency final and immune from judicial review.
Reason (R): The 44th Amendment Act, 1978 deleted that provision, so the President's satisfaction is no longer beyond judicial review.
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 false, but (R) is true
c(A) is true, but (R) is false
dBoth (A) and (R) are true but (R) is not the correct explanation of (A)
Answer: D
Both statements are factually correct: the 38th Amendment made the satisfaction non-justiciable and the 44th Amendment removed it; but (R) merely states a subsequent reform rather than explaining why (A) was originally enacted.
Under which Article of the Constitution of India may the President refer a question of law or fact of public importance to the Supreme Court for its opinion, such opinion not being binding on the President?
aArticle 138
bArticle 145
cArticle 137
dArticle 143
Answer: D
Article 143 confers the advisory (consultative) jurisdiction on the Supreme Court; the opinion rendered is not binding on the President. A reference under Article 143(1) is heard by a Bench of at least five Judges.
A law under Article 169 for the creation or abolition of a State Legislative Council can be passed by Parliament only after the State Legislative Assembly passes a resolution to that effect supported by-
aa majority of the total membership of the Assembly and not less than two-thirds of the members present and voting
bthree-fourths of the members present and voting
ctwo-thirds of the total membership of the Assembly
da simple majority of the members present and voting
Answer: A
Article 169 requires the Assembly to pass the resolution by a majority of its total membership and by a majority of not less than two-thirds of the members present and voting; such a law is not deemed an amendment of the Constitution under Article 368.
The creation of a new All-India Service under Article 312 requires, as a condition precedent, a resolution declaring it necessary or expedient in the national interest passed by-
athe Council of States by a majority of its total membership
bthe House of the People by a simple majority
cthe Council of States supported by not less than two-thirds of the members present and voting
dboth Houses of Parliament sitting jointly
Answer: C
Under Article 312(1) only the Rajya Sabha (Council of States), representing the States, can initiate the process by a resolution supported by not less than two-thirds of the members present and voting; Parliament may thereafter create the service by law.
According to John Salmond, law is best defined as the body of principles recognised and applied by the State in the:
aregulation of morality
badministration of justice
cenactment of legislation
dmaintenance of sovereignty
Answer: B
Salmond defined law as 'the body of principles recognised and applied by the State in the administration of justice', locating the central conception of law in the courts rather than in the command of a sovereign.
In Hans Kelsen's Pure Theory of Law, the validity of every legal norm is ultimately traced to a single fundamental presupposed norm known as the:
aGrundnorm
bSovereign command
cRule of recognition
dVolksgeist
Answer: A
Kelsen arranged legal norms in a hierarchy in which each norm derives its validity from a higher norm, the entire system resting on a presupposed basic norm or 'Grundnorm'.
Roscoe Pound's celebrated theory which treats law as an instrument for balancing competing interests in society to secure the maximum satisfaction of wants with the minimum of friction is known as the theory of:
aSocial engineering
bNatural rights
cImperative law
dLiving law
Answer: A
Pound, the leading figure of the sociological school, propounded the theory of 'social engineering', under which law balances individual, public and social interests with the least possible friction and waste.
Under Hohfeld's scheme of fundamental jural relations, the jural correlative of a 'right' is a:
aPower
bDuty
cPrivilege
dImmunity
Answer: B
In Hohfeld's analysis the correlative of a right is a duty, just as privilege correlates with no-right, power with liability, and immunity with disability.
The conception that law is the expression of the common consciousness or spirit of the people (Volksgeist), gradually evolving like language and custom, is associated with:
aJeremy Bentham
bH.L.A. Hart
cFriedrich Karl von Savigny
dJohn Austin
Answer: C
Savigny, the founder of the historical school, held that law is not made but found, being the product of the slowly developing Volksgeist or national spirit of a people.
According to John Austin's analytical theory, law properly so called is:
aa norm whose validity flows from a higher norm
bthe recognised practice of the community
ca command of the sovereign backed by a sanction
dthe dictate of right reason discoverable by nature
Answer: C
Austin defined positive law as the command of a determinate political superior (sovereign) to subjects, the disobedience of which is visited by a sanction.
H.L.A. Hart's concept of law rests on the union of primary rules of obligation with secondary rules, the most important of which, identifying valid law in a legal system, is the:
arule of change
brule of obligation
crule of recognition
drule of adjudication
Answer: C
In 'The Concept of Law' Hart describes law as a union of primary and secondary rules; the rule of recognition is the master secondary rule that supplies the criteria for identifying valid rules of the system.
A right which avails against the whole world at large, such as the right of ownership, is classified by Salmond as a right in:
are aliena
bpersonam
cre propria
drem
Answer: D
A right in rem is available against persons generally (the whole world), whereas a right in personam is available only against a determinate person, such as a contractual right.
The 'will theory' and the 'interest theory' in jurisprudence are competing explanations concerning the nature of:
asources of law
blegal rights
clegal personality
dlegal sanctions
Answer: B
The will (or choice) theory, supported by Austin and Holland, and the interest theory, championed by Ihering, offer rival accounts of the essential nature of a legal right.
A corporation, an idol or a company is regarded in jurisprudence as a:
adouble capacity person
bjuristic (legal/artificial) person
cnatural person
dperson of inherence
Answer: B
A juristic or artificial person is an entity, not a human being, on which the law confers a personality, enabling it to hold rights and owe duties; companies, corporations and Hindu idols are recognised examples.
The maxim 'actus non facit reum nisi mens sit rea', forming the basis of the doctrine of mens rea, signifies that:
aan act does not make one guilty unless the mind is also guilty
bno one can be a judge in his own cause
cwhere there is a right there is a remedy
dignorance of law is no excuse
Answer: A
The maxim expresses that criminal liability ordinarily requires both a guilty act (actus reus) and a guilty mind (mens rea); the act alone does not constitute guilt without the requisite mental element.
In Salmond's classification of the sources of law, a judicial decision which itself lays down a new principle of law and is binding on courts is a:
adeclaratory precedent
boriginal (authoritative) precedent
cmerely a literary source
dpersuasive precedent
Answer: B
Salmond distinguished original precedents, which create and apply a new rule of law, from declaratory precedents, which merely apply an existing rule; the former is a true legal source of law.
Under the Bharatiya Sakshya Adhiniyam, 2023, the order of examination of a witness, that is, examination-in-chief, followed by cross-examination and then re-examination, is provided in which section?
aSection 142
bSection 146
cSection 143
dSection 137
Answer: C
Section 143 of the BSA, 2023 lays down the order of examinations (examination-in-chief, cross-examination, re-examination), corresponding to Section 138 of the Indian Evidence Act, 1872.
A witness may, while under examination, refresh his memory by referring to a writing made by himself at the time of the transaction concerning which he is questioned. Under the Bharatiya Sakshya Adhiniyam, 2023, this is dealt with in which section?
aSection 159
bSection 162
cSection 161
dSection 160
Answer: B
Section 162 of the BSA, 2023 permits a witness to refresh his memory by referring to a contemporaneous writing, corresponding to Section 159 of the Indian Evidence Act, 1872.
Under the Bharatiya Sakshya Adhiniyam, 2023, no confession made to a police officer can be proved against an accused. Which provision embodies this bar?
aSection 22
bSection 23
cSection 27
dSection 25
Answer: B
Section 23(1) of the Bharatiya Sakshya Adhiniyam, 2023 provides that no confession made to a police officer shall be proved as against a person accused of any offence (corresponding to the old Section 25 of the Evidence Act).
The proviso permitting proof of so much of the information received from an accused in police custody as relates distinctly to the fact thereby discovered is contained in which section of the Bharatiya Sakshya Adhiniyam, 2023?
aSection 26
bSection 24
cSection 23
dSection 22
Answer: C
The 'discovery' principle (old Section 27 of the Evidence Act) is now placed in the proviso to Section 23 of the Bharatiya Sakshya Adhiniyam, 2023, allowing proof of information distinctly relating to the fact discovered.
A statement made by a person, since deceased, as to the cause of his death is relevant under which section of the Bharatiya Sakshya Adhiniyam, 2023?
aSection 24
bSection 32
cSection 26
dSection 25
Answer: C
Section 26 of the Bharatiya Sakshya Adhiniyam, 2023 deals with statements by persons who cannot be called as witnesses, including dying declarations as to the cause of death or circumstances of the transaction resulting in death (old Section 32 of the Evidence Act).
The opinion of a person specially skilled in foreign law, science, art, or in identifying handwriting or finger impressions is relevant under which section of the Bharatiya Sakshya Adhiniyam, 2023?
aSection 45
bSection 51
cSection 47
dSection 39
Answer: D
Section 39 of the Bharatiya Sakshya Adhiniyam, 2023 makes the opinions of experts relevant (corresponding to Section 45 of the Indian Evidence Act, 1872).
Under the Bharatiya Sakshya Adhiniyam, 2023, the fact that a child was born during the continuance of a valid marriage between its mother and any man is conclusive proof of legitimacy under which section?
aSection 112
bSection 114
cSection 118
dSection 116
Answer: D
Section 116 of the Bharatiya Sakshya Adhiniyam, 2023 provides that birth during marriage is conclusive proof of legitimacy, unless non-access is shown (old Section 112 of the Evidence Act).
The court's power to presume that a person caused the dowry death of a woman, where she was subjected to cruelty for dowry soon before her death, is contained in which section of the Bharatiya Sakshya Adhiniyam, 2023?
aSection 118
bSection 116
cSection 119
dSection 117
Answer: A
Section 118 of the Bharatiya Sakshya Adhiniyam, 2023 contains the presumption as to dowry death (old Section 113B of the Evidence Act), under which the court shall presume that the accused caused the dowry death.
When any fact is especially within the knowledge of any person, the burden of proving that fact is upon him. This rule is contained in which section of the Bharatiya Sakshya Adhiniyam, 2023?
aSection 109
bSection 104
cSection 111
dSection 106
Answer: A
Section 109 of the Bharatiya Sakshya Adhiniyam, 2023 places the burden of proving a fact especially within a person's knowledge upon that person (old Section 106 of the Evidence Act).
An accomplice is declared a competent witness against an accused person, and a conviction is not illegal merely because it proceeds upon his uncorroborated testimony, under which section of the Bharatiya Sakshya Adhiniyam, 2023?
aSection 138
bSection 139
cSection 119
dSection 124
Answer: A
Section 138 of the Bharatiya Sakshya Adhiniyam, 2023 makes an accomplice a competent witness (old Section 133 of the Evidence Act), read with the illustration in Section 119 that an accomplice is unworthy of credit unless corroborated.
Leading questions must not, if objected to by the adverse party, be asked in examination-in-chief or re-examination except with the permission of the court. This is governed by which section of the Bharatiya Sakshya Adhiniyam, 2023?
aSection 144
bSection 146
cSection 148
dSection 145
Answer: B
Section 146 of the Bharatiya Sakshya Adhiniyam, 2023 deals with leading questions (old Sections 141-142 of the Evidence Act), restricting them in examination-in-chief and re-examination.
A witness may, while under examination, refresh his memory by referring to a writing made by him at the time of the transaction. This is permitted under which section of the Bharatiya Sakshya Adhiniyam, 2023?
aSection 159
bSection 160
cSection 165
dSection 162
Answer: D
Section 162 of the Bharatiya Sakshya Adhiniyam, 2023 permits a witness to refresh his memory by reference to contemporaneous writings (old Section 159 of the Evidence Act).
Under the Bharatiya Sakshya Adhiniyam, 2023, the contents of electronic records may be proved in accordance with the provisions of which section?
aSection 65
bSection 62
cSection 63
dSection 61
Answer: C
Section 62 of the Bharatiya Sakshya Adhiniyam, 2023 states that contents of electronic records may be proved in accordance with Section 63, which lays down the conditions and certificate requirement (old Section 65B of the Evidence Act) for admissibility of electronic records.
Where a fact is declared by the Bharatiya Sakshya Adhiniyam, 2023 to be conclusive proof of another fact, the court, on proof of the one fact:
ashall call for proof of the other fact
bmay either treat it as proved or call for proof of it
cmay regard the other as proved but shall allow it to be disproved
dshall regard the other as proved and shall not allow evidence to disprove it
Answer: D
Under Section 2 of the Bharatiya Sakshya Adhiniyam, 2023, 'conclusive proof' means the court shall regard the other fact as proved and shall not allow evidence to be given to disprove it.
The rule of estoppel, under which a person who has by declaration, act or omission caused another to believe a thing to be true and act upon it cannot deny its truth, is contained in which section of the Bharatiya Sakshya Adhiniyam, 2023?
aSection 121
bSection 119
cSection 123
dSection 128
Answer: A
Section 121 of the Bharatiya Sakshya Adhiniyam, 2023 embodies the doctrine of estoppel (old Section 115 of the Evidence Act).
A confession made by an accused is rendered irrelevant in a criminal proceeding if it appears to have been caused by inducement, threat, coercion or promise proceeding from a person in authority. This is provided in which section of the Bharatiya Sakshya Adhiniyam, 2023?
aSection 19
bSection 22
cSection 23
dSection 24
Answer: B
Section 22 of the Bharatiya Sakshya Adhiniyam, 2023 makes a confession caused by inducement, threat, coercion or promise irrelevant in a criminal proceeding (old Section 24 of the Evidence Act).
Under the Bharatiya Sakshya Adhiniyam, 2023 (BSA), the fact that a child was born during the continuance of a valid marriage between his mother and any man is conclusive proof of his legitimacy, unless -
ait can be shown that the parties to the marriage had no access to each other at any time when the child could have been begotten
bthe wife admits that the husband is not the father of the child
cthe husband proves that he was impotent at the time of conception
da DNA test establishes that the husband is not the biological father
Answer: A
Section 116 BSA makes birth during a valid marriage conclusive proof of legitimacy; the only permissible rebuttal is proof of non-access between the spouses when the child could have been begotten.
Under Section 118 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA), when it is shown that soon before her death a woman was subjected to cruelty or harassment in connection with a demand for dowry, the Court -
amay presume that such person caused the dowry death
bshall presume that such person caused the dowry death
cmay presume the woman committed suicide
dshall regard it as conclusive proof of dowry death
Answer: B
Section 118 BSA (dowry death) uses the mandatory expression 'shall presume', unlike Section 117 BSA (abetment of suicide) which uses the discretionary 'may presume'.
An appeal heard and decided by a Single Judge of a High Court from an appellate decree or order shall not be open to a further appeal, notwithstanding anything contained in the Letters Patent. This bar is contained in which provision of the Code of Civil Procedure, 1908?
aSection 96(3)
bSection 104
cSection 100
dSection 100A
Answer: D
Section 100A, substituted by the CPC (Amendment) Act, 2002, opens with a non-obstante clause overriding the Letters Patent and bars a further (letters patent) appeal from the judgment and decree of a Single Judge of a High Court deciding an appeal.
The doctrine of res judicata under the Code of Civil Procedure, 1908 bars the trial of a subsequent suit on a matter that has been directly and substantially in issue in a former suit. This doctrine is embodied in:
aSection 11
bSection 12
cOrder 2, Rule 2
dSection 10
Answer: A
Section 11 enacts the rule of res judicata. Section 10 deals with stay of suit (res sub judice), while Order 2 Rule 2 concerns relinquishment of part of a claim.
In a money suit, the defendant seeks to plead, in the written statement, an ascertained sum of money legally recoverable by him from the plaintiff arising out of a distinct transaction and not exceeding the pecuniary jurisdiction of the Court. This is a legal set-off governed by:
aOrder 8, Rule 1
bOrder 20, Rule 19
cOrder 8, Rule 6
dOrder 8, Rule 6A
Answer: C
Order 8 Rule 6 provides for legal set-off of an ascertained sum within the Court's pecuniary jurisdiction. Order 8 Rule 6A deals with counter-claim, which is wider and need not be a mere set-off.
Where a defendant against whom a money decree has been passed has a debt due to him from a third party, the executing Court may, on the decree-holder's application, direct that third-party debtor to pay the decree-holder instead of the judgment-debtor. Such a 'garnishee order' is provided under:
aOrder 21, Rule 11
bSection 60
cOrder 21, Rule 46A
dOrder 21, Rule 22
Answer: C
Order 21 Rules 46A to 46-I, inserted by the CPC (Amendment) Act, 1976, provide for the garnishee procedure whereby a debtor of the judgment-debtor is directed to pay the decree-holder directly.
After a higher Court has reversed a decree under which a party had recovered money, the Court of first instance, on application, places the parties in the position they would have occupied but for the erroneous decree. The power to grant such restitution is conferred by:
aSection 152
bSection 47
cSection 151
dSection 144
Answer: D
Section 144 deals with the application for restitution to undo benefits obtained under a decree that has subsequently been varied or reversed. Inherent power under Section 151 supplements it only where Section 144 does not strictly apply.
The source of the Court's power to grant a temporary injunction, attachment before judgment, appointment of a receiver, and other interlocutory orders by way of supplemental proceedings is found in:
aOrder 39 alone
bSection 151 alone
cSection 9
dSection 94 read with the relevant Orders
Answer: D
Section 94 is the enabling section for supplemental proceedings; the manner of exercise is governed by the corresponding Orders (Order 38 for arrest/attachment, Order 39 for injunctions, Order 40 for receivers).
After examining the parties under Order 10, where it appears to the Court that there exist elements of a settlement which may be acceptable to the parties, the Court formulates the terms and refers the dispute to arbitration, conciliation, judicial settlement (including Lok Adalat) or mediation. This is provided under:
aOrder 32A, Rule 3
bSection 89
cSection 96
dSection 80
Answer: B
Section 89, inserted by the CPC (Amendment) Act, 1999 (w.e.f. 1-7-2002) and read with Order 10 Rule 1A, empowers the Court to refer disputes to ADR, as explained in Salem Advocate Bar Association v. Union of India (2005).
Which one of the following is NOT a ground on which a plaint shall be rejected under Order 7, Rule 11 of the Code of Civil Procedure, 1908?
aWhere the defendant raises a plea of res judicata in the written statement
bWhere the relief claimed is undervalued and the plaintiff fails to correct the valuation within the time fixed by the Court
cWhere the plaint does not disclose a cause of action
dWhere the suit appears from the statement in the plaint to be barred by any law
Answer: A
Order 7 Rule 11 grounds are confined to defects apparent from the plaint (no cause of action, undervaluation, deficient stamp, suit barred by law, non-filing in duplicate, non-compliance with Rule 9). A plea of res judicata, being a mixed question requiring trial, is not a ground for rejection under this Rule.
The Court may at any stage of the proceedings allow either party to alter or amend his pleadings as may be necessary to determine the real questions in controversy; however, after the commencement of trial no such amendment shall be allowed unless the Court concludes that despite due diligence the party could not have raised the matter earlier. This proviso governing amendment of pleadings is contained in:
aOrder 1, Rule 10
bOrder 6, Rule 17
cOrder 8, Rule 9
dOrder 6, Rule 16
Answer: B
Order 6 Rule 17 governs amendment of pleadings; its proviso (restored by the 2002 amendment) bars post-trial amendments unless the 'due diligence' test is satisfied.
A first appeal from an original decree lies under Section 96, while a second appeal to the High Court lies only on a 'substantial question of law'. The provision permitting a second appeal is:
aSection 96
bSection 100
cSection 104
dSection 115
Answer: B
Section 100 (as substituted in 1976) confines second appeals to the High Court to cases involving a substantial question of law, which must be framed at the time of admission.
The High Court's power to call for the record of a case decided by a subordinate Court in which no appeal lies, where such Court appears to have exercised a jurisdiction not vested in it, or failed to exercise a jurisdiction so vested, or acted with material irregularity in the exercise of its jurisdiction, is the power of:
aRevision under Section 115
bAppeal under Section 96
cReference under Section 113
dReview under Section 114
Answer: A
Section 115 is the revisional jurisdiction of the High Court, confined to jurisdictional errors of subordinate courts where no appeal lies. Section 113 is reference; Section 114 is review.
A defendant against whom an ex parte decree has been passed may apply to the Court that passed it to set aside the decree on the ground that the summons was not duly served or that he was prevented by sufficient cause from appearing. Such an application lies under:
aOrder 9, Rule 9
bSection 96(2)
cOrder 9, Rule 13
dOrder 9, Rule 7
Answer: C
Order 9 Rule 13 enables a defendant to apply for setting aside an ex parte decree on proof of non-service of summons or sufficient cause. Order 9 Rule 9 deals with a plaintiff seeking to set aside dismissal for default.
Courts shall (subject to the provisions of 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 declaration of the civil court's jurisdiction is contained in:
aSection 9
bSection 15
cSection 6
dSection 16
Answer: A
Section 9 confers jurisdiction on civil courts over all suits of a civil nature unless their cognizance is expressly or impliedly barred. Section 6 deals with pecuniary jurisdiction and Sections 15-20 with the place of suing.
Suits for the recovery of immovable property, for partition of immovable property, or for the determination of any right to or interest in immovable property shall (subject to the pecuniary or other limitations prescribed by law) be instituted in the Court within the local limits of whose jurisdiction the property is situate. This rule of forum is laid down in:
aSection 16
bSection 15
cSection 20
dSection 19
Answer: A
Section 16 requires suits relating to immovable property to be instituted where the property is situate. Section 15 prescribes the rule of instituting suits in the court of lowest grade competent to try them; Section 20 is the residuary forum provision.
Assertion (A): The bar of res judicata under Section 11 of the Code of Civil Procedure prevents a court from trying a matter directly and substantially in issue in a former suit. Reason (R): The doctrine of res judicata also operates as a bar where the matter might and ought to have been made a ground of defence or attack in the former suit. 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: B
Section 11 bars re-litigation of a matter directly and substantially in issue in a former suit; Explanation IV embodies constructive res judicata, treating matters that might and ought to have been raised as having been in issue, which explains and extends the bar in (A).
The maxim 'nemo debet bis vexari pro una et eadem causa' (no one shall be vexed twice for the same cause) forms the foundation of which provision of the Code of Civil Procedure, 1908?
aSection 11 (res judicata)
bSection 47 (questions to be determined in execution)
cSection 80 (notice to government)
dSection 10 (res sub judice)
Answer: A
The principle that no person should be vexed twice for the same cause underlies the doctrine of res judicata embodied in Section 11; res sub judice (Section 10) rests on a distinct maxim relating to stay of a subsequently instituted suit.
Under Section 10 of the Code of Civil Procedure, 1908 (res sub judice), the court shall stay the trial of a subsequently instituted suit only where, among other conditions -
athe former suit is pending before a court of small causes
bthe parties in both suits are different but the subject-matter is identical
cthe matter in issue is also directly and substantially in issue in a previously instituted suit between the same parties litigating under the same title
dthe subsequent suit involves a question of law only
Answer: C
Section 10 requires that the matter in issue in the later suit be directly and substantially in issue in a previously instituted suit between the same parties (or those claiming under them) litigating under the same title, in a competent court.
Which one of the following modes of settlement is NOT enumerated in Section 89 of the Code of Civil Procedure, 1908 for reference of a dispute by the court?
aPlea bargaining
bMediation
cConciliation
dArbitration
Answer: A
Section 89 lists arbitration, conciliation, judicial settlement (including through Lok Adalat) and mediation as modes of settlement; plea bargaining is a concept of criminal procedure, not Section 89 CPC.
Under the Bharatiya Nyaya Sanhita, 2023, robbery amounts to dacoity when it is committed conjointly by-
aTwo or more persons
bSeven or more persons
cThree or more persons
dFive or more persons
Answer: D
Under Section 310 of the BNS, 2023, when five or more persons conjointly commit or attempt to commit a robbery, the offence is dacoity-the numerical threshold of five is retained from the earlier law.
Under the Bharatiya Nyaya Sanhita, 2023, the offence of 'voyeurism' against a woman is punishable under-
aSection 75
bSection 76
cSection 77
dSection 78
Answer: C
Section 77 of the BNS, 2023 defines and punishes voyeurism. Section 75 covers sexual harassment, Section 76 covers assault to disrobe, and Section 78 covers stalking.
A new offence introduced by the Bharatiya Nyaya Sanhita, 2023, having no direct equivalent in the repealed Indian Penal Code, is contained in Section 111 which deals with-
aTerrorist act
bMob lynching
cOrganised crime
dAct endangering sovereignty, unity and integrity of India
Answer: C
Section 111 of the BNS, 2023 introduces 'organised crime' as a distinct statutory offence; the 'terrorist act' is separately defined in Section 113 and acts endangering sovereignty in Section 152.
Under the Bharatiya Nyaya Sanhita, 2023, a person who causes the death of another by rash and negligent driving of a vehicle (not amounting to culpable homicide) and escapes without reporting it to a police officer or Magistrate soon after the incident is liable to imprisonment which may extend to-
aTwo years
bTen years
cFive years
dSeven years
Answer: B
Section 106(2) of the BNS, 2023 prescribes imprisonment up to ten years and fine for causing death by rash and negligent driving where the offender flees without reporting to a police officer or Magistrate soon after the incident.
'A' instigates 'B' to murder 'C'. 'B', in consequence of the instigation, stabs and kills 'C'. Under the Bharatiya Nyaya Sanhita, 2023, the liability of 'A' for abetment is governed by the provisions beginning with-
aSection 45
bSection 61
cSection 117
dSection 109
Answer: A
Abetment of a thing is defined in Section 45 of the BNS, 2023 (instigation, conspiracy or intentional aiding); 'A' having instigated the murder is an abettor under this provision read with the substantive offence.
Under the Bharatiya Nyaya Sanhita, 2023, which of the following statements regarding the right of private defence is correct?
aNothing is an offence which is done in the exercise of the right of private defence, as provided in Section 34
bIt is governed by Section 61 of the Sanhita
cIt extends in every case to the voluntary causing of death
dIt is available even against a public servant acting strictly within his authority in good faith
Answer: A
Section 34 of the BNS, 2023 declares that nothing is an offence which is done in the exercise of the right of private defence. The right is not available against acts of a public servant done in good faith within authority, and the right to cause death is restricted to enumerated situations.
Match the offence with its correct section under the Bharatiya Nyaya Sanhita, 2023:
(A) Wrongful restraint (B) Wrongful confinement (C) Kidnapping (D) Abduction
Using the codes: (1) 137 (2) 126 (3) 138 (4) 127
aA-2, B-4, C-1, D-3
bA-2, B-4, C-3, D-1
cA-4, B-2, C-3, D-1
dA-1, B-3, C-2, D-4
Answer: A
Under the BNS, 2023: wrongful restraint is Section 126, wrongful confinement Section 127, kidnapping Section 137 and abduction Section 138-giving A-2, B-4, C-1, D-3.
Under the Bharatiya Nyaya Sanhita, 2023, where the death of a woman is caused by burns or bodily injury, or occurs otherwise than under normal circumstances, within seven years of marriage and she was subjected soon before her death to cruelty in connection with a demand for dowry, the offence (dowry death) falls under-
aSection 85
bSection 103
cSection 80
dSection 100
Answer: C
Section 80 of the BNS, 2023 defines dowry death; Section 85 separately punishes cruelty by a husband or his relatives. The seven-year period and 'soon before her death' requirements are retained.
'A' tells 'Z', 'I will publish a defamatory article about you unless you pay me Rs. 50,000', and 'Z', put in fear, hands over the money. Under the Bharatiya Nyaya Sanhita, 2023, 'A' has committed-
aCheating under Section 318
bCriminal intimidation under Section 351 only
cExtortion under Section 308
dTheft under Section 303
Answer: C
Section 308 of the BNS, 2023 (extortion) is attracted where a person, by putting another in fear of injury, dishonestly induces him to deliver property; the threat of injury to reputation followed by delivery of money constitutes extortion.
Under the Bharatiya Nyaya Sanhita, 2023, which of the following kinds of hurt is NOT designated as 'grievous hurt' under Section 116?
aAny hurt which causes the sufferer to be in severe bodily pain for ten days
bPermanent privation of the sight of either eye
cFracture or dislocation of a bone or tooth
dPermanent disfiguration of the head or face
Answer: A
Under Section 116 of the BNS, 2023, the qualifying duration is being in severe bodily pain, or unable to follow ordinary pursuits, for a space of fifteen days-hurt causing such consequence for only ten days does not qualify as grievous hurt; the other clauses are enumerated grievous hurts.
'A' shoots at 'Z' with the intention of killing him and under such circumstances that, if death had ensued, 'A' would be guilty of murder; however, 'Z' survives with grievous injuries. Under the Bharatiya Nyaya Sanhita, 2023, 'A' is liable for attempt to murder under-
aSection 103
bSection 105
cSection 109
dSection 117
Answer: C
Section 109 of the BNS, 2023 punishes attempt to murder; where the act causes hurt to the victim the offender is liable to the enhanced punishment provided in that section, distinct from the completed offence of murder (Section 103).
Under the Bharatiya Nyaya Sanhita, 2023, a group of five or more persons acting in concert commits murder of a man solely on the ground of his caste. Which provision specifically penalises this act and what is the minimum punishment prescribed for each member of the group?
aSection 103(2) BNS; death, or imprisonment for life, or imprisonment for a term not less than seven years
bSection 103(1) BNS; minimum life imprisonment
cSection 111 BNS; minimum five years' imprisonment
Section 103(2) BNS is the new mob-lynching provision: when five or more persons acting in concert commit murder on grounds such as race, caste, community, sex, place of birth or language, each member is punishable with death or life imprisonment or imprisonment of not less than seven years, plus fine.
In the Bharatiya Nyaya Sanhita, 2023, the principle that 'when a criminal act is done by several persons in furtherance of the common intention of all, each is liable as if done by him alone' is contained in:
aSection 34
bSection 61(2)
cSection 190
dSection 3(5)
Answer: D
The doctrine of common intention, formerly Section 34 IPC, is reproduced in Section 3(5) of the BNS within the chapter on general explanations. (Section 190 BNS deals with common object of an unlawful assembly.)
Which one of the following is a wholly NEW offence introduced for the first time by the Bharatiya Nyaya Sanhita, 2023, having no direct equivalent section in the Indian Penal Code, 1860?
aTheft (Section 303)
bSnatching (Section 304)
cRobbery (Section 309)
dExtortion (Section 308)
Answer: B
Snatching under Section 304 BNS is a newly carved-out offence; theft, extortion and robbery existed under the IPC. Snatching is treated as a distinct offence with punishment up to three years and fine.
Match List-I (offence) with List-II (BNS section) and select the correct answer:
List-I: A. Murder B. Punishment for murder C. Punishment for culpable homicide not amounting to murder D. Attempt to murder
List-II: 1. Section 109 2. Section 101 3. Section 105 4. Section 103
aA-2, B-3, C-4, D-1
bA-2, B-4, C-3, D-1
cA-1, B-4, C-3, D-2
dA-4, B-2, C-1, D-3
Answer: B
In the BNS, Section 101 defines murder, Section 103 prescribes its punishment, Section 105 punishes culpable homicide not amounting to murder, and Section 109 deals with attempt to murder.
Under the Bharatiya Nyaya Sanhita, 2023, a man has sexual intercourse with a woman by deceitfully promising to marry her, having no intention of fulfilling that promise. This conduct is specifically made punishable under:
aSection 64
bSection 69
cSection 84
dSection 63 (rape)
Answer: B
Section 69 BNS is a new provision penalising sexual intercourse obtained by employing deceitful means, including a false promise to marry, with imprisonment up to ten years and fine.
Under Section 35(7) of the Bharatiya Nagarik Suraksha Sanhita, 2023, no arrest of a person who is infirm or above sixty years of age, for an offence punishable with imprisonment of less than three years, shall be made without the prior permission of-
athe officer in charge of the police station
bthe Judicial Magistrate of the first class
cthe Superintendent of Police
dan officer not below the rank of Deputy 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 imprisonment under three years, without prior permission of an officer not below the rank of Deputy Superintendent of Police.
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