Uttar Pradesh Judiciary Mock Test 7 — Questions & Solutions
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Which Gupta ruler, celebrated for his extensive conquests recorded in the Allahabad Prashasti, was dubbed the 'Napoleon of India' by historian V.A. Smith?
aChandragupta I
bSamudragupta
cSkandagupta
dKumaragupta
Answer: B
Samudragupta, whose conquests are detailed in the Allahabad Prashasti, was called the 'Napoleon of India'.
Which Tughlaq Sultan is notorious for shifting his capital from Delhi to Daulatabad (Devagiri) and for an ill-fated token (copper) currency experiment?
aFiroz Shah Tughlaq
bMuhammad bin Tughlaq
cGhiyasuddin Tughlaq
dNasiruddin Mahmud
Answer: B
Muhammad bin Tughlaq shifted the capital to Daulatabad and introduced a token copper currency, both of which failed.
The Battle of Talikota (1565), which led to the sacking of Vijayanagara's capital Hampi, was fought against the empire by a confederacy of which states?
aThe Deccan Sultanates
bThe Marathas
cThe Mughals
dThe Portuguese
Answer: A
At Talikota (1565), the combined Deccan Sultanates defeated Vijayanagara and sacked Hampi.
The Battle of Plassey, which laid the foundation of British political power in Bengal, was fought in which year?
a1765
b1764
c1757
d1772
Answer: C
The Battle of Plassey was fought on 23 June 1757 between Robert Clive's East India Company forces and Nawab Siraj-ud-Daulah, whose army was betrayed by Mir Jafar.
After the Battle of Buxar (1764), the East India Company obtained the Diwani (right to collect revenue) of Bengal, Bihar and Orissa from the Mughal Emperor Shah Alam II in which year?
a1757
b1765
c1764
d1772
Answer: B
Following the Company's victory at Buxar (22 October 1764), the Treaty of Allahabad (signed 16 August 1765) granted the Company the Diwani of Bengal, Bihar and Orissa from Mughal Emperor Shah Alam II.
The Revolt of 1857 is generally considered to have begun with the firing on his officers by sepoy Mangal Pandey at which cantonment?
aMeerut
bKanpur
cBarrackpore
dLucknow
Answer: C
Mangal Pandey of the 34th Bengal Native Infantry attacked British officers at Barrackpore on 29 March 1857, an event regarded as a precursor to the wider revolt that erupted at Meerut on 10 May 1857.
During the Revolt of 1857 the rebels proclaimed which person as the symbolic Emperor of India at Delhi?
aNana Sahib
bBahadur Shah Zafar
cTatya Tope
dRani Lakshmibai
Answer: B
On 11 May 1857 the mutineers at Delhi proclaimed the last Mughal ruler Bahadur Shah Zafar (Bahadur Shah II) as Emperor of India, giving the revolt symbolic political legitimacy.
As a direct consequence of the Revolt of 1857, the Government of India Act 1858 transferred the governance of India from the East India Company to the:
aBritish Crown
bIndian National Congress
cBoard of Control
dMughal Emperor
Answer: A
The Government of India Act 1858 abolished the East India Company's rule and transferred power directly to the British Crown, with a Secretary of State for India assuming responsibility.
Who was the first President of the Indian National Congress at its inaugural session held in Bombay in December 1885?
aDadabhai Naoroji
bSurendranath Banerjee
cWomesh Chandra Bonnerjee
dAllan Octavian Hume
Answer: C
The first session of the Indian National Congress (28-31 December 1885) at Bombay was presided over by Womesh Chandra Bonnerjee; A. O. Hume served as General Secretary.
Mahatma Gandhi's first satyagraha in India, launched in 1917 on behalf of exploited indigo cultivators, took place at:
aKheda
bAhmedabad
cChamparan
dBardoli
Answer: C
The Champaran Satyagraha of 1917 in Bihar was Gandhi's first satyagraha in India, aimed at ending the exploitative Tinkathia indigo-cultivation system.
The repressive law of 1919 that allowed detention without trial and provoked nationwide protests preceding the Jallianwala Bagh massacre was the:
aRowlatt Act
bPitt's India Act
cIlbert Bill
dVernacular Press Act
Answer: A
The Rowlatt Act of 1919 permitted detention without trial; Gandhi's nationwide hartal against it on 6 April 1919 set the stage for the unrest at Amritsar.
Mahatma Gandhi suspended the Non-Cooperation Movement in February 1922 following a violent incident at which place in present-day Uttar Pradesh?
aBardoli
bChauri Chaura
cNagpur
dKakori
Answer: B
After a mob set fire to a police station killing policemen at Chauri Chaura (Gorakhpur district) on 4 February 1922, Gandhi called off the Non-Cooperation Movement on 12 February 1922.
The Non-Cooperation Movement launched by Gandhi in 1920 was closely linked with which other contemporaneous movement?
aHome Rule Movement
bSwadeshi Movement
cQuit India Movement
dKhilafat Movement
Answer: D
The Non-Cooperation Movement (1920-22) was launched jointly with the Khilafat Movement, led by the Ali Brothers, to oppose British rule and the dismantling of the Ottoman Caliphate.
Lala Lajpat Rai, who later died of injuries from a police lathi-charge, was leading a protest in 1928 against which body?
aThe Cripps Mission
bThe Cabinet Mission
cThe Hunter Commission
dThe Simon Commission
Answer: D
Lala Lajpat Rai was injured in a lathi-charge while leading an anti-Simon Commission demonstration at Lahore on 30 October 1928 and died on 17 November 1928.
At which session did the Indian National Congress adopt 'Purna Swaraj' (complete independence) as its goal in 1929?
aCalcutta Session
bKarachi Session
cNagpur Session
dLahore Session
Answer: D
At the Lahore Session of December 1929, presided over by Jawaharlal Nehru, the Congress declared 'Purna Swaraj' as its goal, and 26 January 1930 was observed as the first Independence Day.
Mahatma Gandhi began the Dandi Salt March, marking the start of the Civil Disobedience Movement, on:
a8 August 1942
b12 March 1930
c1 August 1920
d26 January 1930
Answer: B
Gandhi began the Salt March from Sabarmati Ashram to Dandi on 12 March 1930, reaching Dandi on 6 April 1930 to break the salt law, launching the Civil Disobedience Movement.
The Quit India Resolution was passed by the All India Congress Committee at its Bombay session on:
a9 August 1942
b15 August 1947
c8 August 1942
d26 January 1930
Answer: C
The AICC passed the Quit India Resolution at Bombay on 8 August 1942, when Gandhi gave the 'Do or Die' call; mass arrests of leaders followed on 9 August 1942.
The famous slogan 'Do or Die' (Karenge ya Marenge) is associated with which movement led by Mahatma Gandhi?
aNon-Cooperation Movement
bCivil Disobedience Movement
cKhilafat Movement
dQuit India Movement
Answer: D
Gandhi gave the 'Do or Die' call in his speech of 8 August 1942 while launching the Quit India Movement, urging Indians to free India or die in the attempt.
Subhas Chandra Bose founded which political organisation in 1939 after resigning from the Congress presidency?
aForward Bloc
bSwaraj Party
cGhadar Party
dHindustan Socialist Republican Association
Answer: A
Subhas Chandra Bose founded the All India Forward Bloc on 3 May 1939 (publicly launched at a rally in Calcutta) after resigning the Congress presidency on 29 April 1939.
Subhas Chandra Bose assumed the leadership of the Indian National Army (Azad Hind Fauj) in 1943 in which city?
aSingapore
bRangoon
cTokyo
dBerlin
Answer: A
In July 1943 Subhas Chandra Bose took command of the Indian National Army at Singapore and there set up the Provisional Government of Free India (Azad Hind) in October 1943.
The plan for the partition of India announced by Lord Mountbatten on 3 June 1947 is commonly known as the:
aMountbatten Plan
bCripps Proposal
cAugust Offer
dWavell Plan
Answer: A
Lord Mountbatten announced the partition plan on 3 June 1947 (the Mountbatten Plan / June 3 Plan), which was codified into the Indian Independence Act 1947.
Under the Indian Independence Act 1947, the partition of British India into the Dominions of India and Pakistan took effect from:
a26 January 1950
b26 January 1930
c18 July 1947
d15 August 1947
Answer: D
The Indian Independence Act 1947 (which received Royal Assent on 18 July 1947) provided that partition into India and Pakistan would take effect from 15 August 1947.
The Swadeshi Movement, emphasising the boycott of British goods and use of indigenous products, arose primarily in response to:
aThe Rowlatt Act
bThe Simon Commission
cThe Partition of Bengal (1905)
dThe Jallianwala Bagh massacre
Answer: C
The Swadeshi Movement was launched in protest against Lord Curzon's Partition of Bengal in 1905, promoting boycott of British goods and use of indigenous products.
The Champaran Satyagraha of 1917 was directed against the exploitative system that forced peasants to grow indigo, known as the:
aTinkathia system
bMahalwari system
cPermanent Settlement
dRyotwari system
Answer: A
The Tinkathia system in Champaran compelled peasants to cultivate indigo on a fixed portion of their land for European planters; Gandhi's satyagraha led to its abolition.
The Indian National Congress observed 26 January 1930 for the first time as:
aRepublic Day
bIndependence Day (Purna Swaraj Day)
cDirect Action Day
dMartyrs' Day
Answer: B
Following the Purna Swaraj resolution at Lahore (1929), the Congress observed 26 January 1930 as the first Independence Day; the date was later chosen for the commencement of the Constitution in 1950.
Which Governor-General is associated with the 'Doctrine of Lapse', a policy of annexation that fuelled discontent leading up to the Revolt of 1857?
aLord Dalhousie
bLord William Bentinck
cLord Canning
dLord Cornwallis
Answer: A
Lord Dalhousie applied the Doctrine of Lapse to annex states such as Satara, Jhansi and Nagpur; this policy contributed to the resentment behind the Revolt of 1857.
Who was the Chairman of the Drafting Committee of the Constituent Assembly of India?
aDr. B. R. Ambedkar
bJawaharlal Nehru
cDr. Rajendra Prasad
dSardar Vallabhbhai Patel
Answer: A
Dr. B. R. Ambedkar chaired the seven-member Drafting Committee constituted on 29 August 1947, while Dr. Rajendra Prasad was the President of the Constituent Assembly.
The words 'Socialist', 'Secular' and 'Integrity' were added to the Preamble of the Constitution by which amendment?
a44th Amendment Act, 1978
b1st Amendment Act, 1951
c52nd Amendment Act, 1985
d42nd Amendment Act, 1976
Answer: D
The 42nd Amendment Act, 1976 changed the Preamble to read 'Sovereign Socialist Secular Democratic Republic' and added 'and integrity' to the unity clause.
Dr. B. R. Ambedkar described which Article as the 'heart and soul' of the Constitution?
aArticle 14
bArticle 32
cArticle 21
dArticle 19
Answer: B
Article 32 guarantees the Right to Constitutional Remedies, enabling citizens to move the Supreme Court directly for enforcement of Fundamental Rights; Ambedkar called it the heart and soul of the Constitution.
On what ground can the President of India be removed from office through impeachment under Article 61?
aProved misbehaviour or incapacity
bViolation of the Constitution
cLoss of confidence of the Lok Sabha
dConviction in any criminal case
Answer: B
Article 61 provides that the President may be impeached only for 'violation of the Constitution', on a charge passed by a two-thirds majority of the total membership of each House.
The anti-defection provisions are contained in which Schedule of the Constitution, added by the 52nd Amendment Act, 1985?
aNinth Schedule
bTenth Schedule
cEleventh Schedule
dEighth Schedule
Answer: B
The Tenth Schedule, added by the 52nd Amendment Act, 1985, contains the anti-defection law providing for disqualification of legislators on grounds of defection.
Under Article 226, the power to issue writs for enforcement of Fundamental Rights and for any other purpose is vested in the:
aSupreme Court only
bDistrict Courts
cHigh Courts
dElection Commission
Answer: C
Article 226 empowers the High Courts to issue writs not only for enforcement of Fundamental Rights but also for any other purpose, giving them wider scope than the Supreme Court under Article 32.
The Finance Commission of India is constituted under which Article of the Constitution?
aArticle 280
bArticle 324
cArticle 315
dArticle 263
Answer: A
Article 280 provides for the constitution of a Finance Commission by the President every fifth year (or earlier) to recommend distribution of taxes between the Union and the States.
The superintendence, direction and control of elections in India is vested in the Election Commission under which Article?
aArticle 280
bArticle 352
cArticle 315
dArticle 324
Answer: D
Article 324 vests the superintendence, direction and control of the preparation of electoral rolls and the conduct of elections in the Election Commission of India.
Fundamental Duties were added to the Constitution (as Article 51A, Part IV-A) on the recommendation of which committee?
aSarkaria Commission
bBalwant Rai Mehta Committee
cPunchhi Commission
dSwaran Singh Committee
Answer: D
Fundamental Duties were incorporated by the 42nd Amendment Act, 1976 on the recommendation of the Swaran Singh Committee; originally ten duties were added (an eleventh was added by the 86th Amendment, 2002).
On which date did ISRO's Chandrayaan-3 mission achieve a soft landing on the Moon, making India the first country to land near the lunar south pole?
a23 August 2023
b14 July 2023
c2 September 2023
d6 January 2024
Answer: A
The Vikram lander of Chandrayaan-3 soft-landed in the Moon's southern polar region on 23 August 2023; India became the 4th country to land on the Moon and the first near the south pole.
The landing site of Chandrayaan-3 on the Moon was named by India as:
aStatio Shiv Shakti (Shiv Shakti Point)
bTiranga Point
cJawahar Point
dSarabhai Point
Answer: A
The Chandrayaan-3 touchdown site was named 'Statio Shiv Shakti' (Shiv Shakti Point); the Chandrayaan-2 crash site had earlier been named 'Tiranga Point'.
Aditya-L1, India's first dedicated solar mission, is placed in a halo orbit around which point?
aSun-Earth Lagrange point L2
bSun-Earth Lagrange point L1
cEarth-Moon Lagrange point L1
dGeostationary orbit
Answer: B
Aditya-L1 was placed in a halo orbit around the Sun-Earth Lagrange point 1 (L1), about 1.5 million km from Earth, giving an uninterrupted view of the Sun.
Who was announced in 2024 as one of the four astronaut-designates for India's Gaganyaan mission and later flew on Axiom Mission 4?
aRavish Malhotra
bRakesh Sharma
cShubhanshu Shukla
dAngad Pratap
Answer: C
Group Captain Shubhanshu Shukla, one of the four Gaganyaan astronaut-designates announced in Feb 2024, flew as pilot on Axiom Mission 4 to the ISS in 2025.
Who took charge as the Chairman of ISRO in January 2025, succeeding S. Somanath?
aP. Veeramuthuvel
bK. Sivan
cA. S. Kiran Kumar
dV. Narayanan
Answer: D
Dr. V. Narayanan, formerly Director of the Liquid Propulsion Systems Centre (LPSC), took over as ISRO Chairman and Secretary, Department of Space on 14 January 2025.
Shubhanshu Shukla, who travelled to the ISS aboard Axiom Mission 4 in 2025, became which Indian to travel to space?
aThe first Indian in space
bThe fourth Indian in space
cThe third Indian in space
dThe second Indian in space
Answer: D
Shubhanshu Shukla became the second Indian to travel to space (after Rakesh Sharma in 1984) and the first Indian to visit the International Space Station.
Mission Divyastra (11 March 2024) was India's first flight test of the indigenous Agni-5 missile with MIRV technology, allowing one missile to carry multiple independently targetable warheads.
INS Arighaat, commissioned on 29 August 2024, is India's second Arihant-class nuclear-powered ballistic missile submarine, strengthening the sea-based leg of the nuclear triad.
ISRO's SpaDeX mission, whose docking was achieved on 16 January 2025, demonstrated which capability, making India the fourth country to do so?
aReusable launch vehicle landing
bSpace docking of two satellites
cSoft landing on Mars
dHuman spaceflight
Answer: B
The Space Docking Experiment (SpaDeX) successfully docked two satellites (SDX01 and SDX02) on 16 Jan 2025, making India the fourth nation to demonstrate in-space docking.
India's first semiconductor fabrication (fab) facility, approved under the India Semiconductor Mission, is being built by Tata Electronics (with PSMC) at:
aJagiroad, Assam
bSanand, Gujarat
cDholera, Gujarat
dSri City, Andhra Pradesh
Answer: C
Tata Electronics, in partnership with Taiwan's PSMC, is constructing India's first commercial semiconductor fab at Dholera, Gujarat, with a Rs ~91,000 crore investment.
NISAR is notable for being the first satellite to carry radar operating in which two frequency bands?
aKu-band and Ka-band
bC-band and X-band
cL-band and S-band
dP-band and C-band
Answer: C
NISAR is the first satellite to use dual-frequency Synthetic Aperture Radar — an L-band SAR (NASA) and an S-band SAR (ISRO) — to image Earth's changing surfaces.
In November 2024, DRDO successfully conducted the first flight trial of India's first long-range hypersonic missile off the coast of which state?
aOdisha
bGujarat
cTamil Nadu
dAndhra Pradesh
Answer: A
DRDO flight-tested India's first long-range hypersonic missile (range over 1,500 km) on 16 November 2024 from Dr APJ Abdul Kalam Island off the Odisha coast.
XPoSat, launched by ISRO on 1 January 2024, is a satellite dedicated to the study of:
aX-ray polarimetry of cosmic sources like black holes
bOcean colour
cAtmospheric ozone
dSolar wind
Answer: A
XPoSat (X-ray Polarimeter Satellite) studies the polarisation of X-rays from sources such as black holes and neutron stars; India became the second country (after the US) with such a dedicated mission.
Which scientist is credited with the discovery of the Raman Effect, for which he received the Nobel Prize in Physics in 1930?
aHomi J. Bhabha
bSatyendra Nath Bose
cMeghnad Saha
dC. V. Raman
Answer: D
Sir C. V. Raman discovered the scattering of light known as the Raman Effect and was awarded the Nobel Prize in Physics in 1930; National Science Day (28 February) marks the discovery.
The indigenously developed BrahMos supersonic cruise missile is a joint venture between India and which country?
aFrance
bIsrael
cUnited States
dRussia
Answer: D
BrahMos is a supersonic cruise missile developed jointly by India's DRDO and Russia's NPO Mashinostroyeniya; the name combines the Brahmaputra and Moskva rivers.
Which ISRO mission was India's first interplanetary mission, making India the first country to reach Mars orbit on its maiden attempt?
aChandrayaan-1
bMangalyaan (Mars Orbiter Mission)
cAditya-L1
dAstrosat
Answer: B
The Mars Orbiter Mission (Mangalyaan), launched in November 2013, entered Mars orbit on 24 September 2014, making India the first country to succeed on its first attempt.
The Indian regional satellite navigation system developed by ISRO, providing positioning services over India, is known as:
aGAGAN
bGSAT
cBHUVAN
dNavIC (IRNSS)
Answer: D
NavIC (Navigation with Indian Constellation), formally IRNSS, is ISRO's independent regional satellite navigation system covering India and a region around it.
Who, along with Sanskrit scholar Jagadguru Rambhadracharya, was named a recipient of the 58th Jnanpith Award (for 2023)?
aAmitav Ghosh
bJaved Akhtar
cRuskin Bond
dGulzar
Answer: D
Urdu poet-lyricist Gulzar (Sampooran Singh Kalra) and Sanskrit scholar Jagadguru Rambhadracharya were jointly named recipients of the 58th Jnanpith Award for 2023.
The Nobel Peace Prize 2024 was awarded to the Japanese organisation Nihon Hidankyo for its efforts towards which cause?
aEradication of poverty
bProtection of refugees
cA world free of nuclear weapons
dPress freedom
Answer: C
The Norwegian Nobel Committee awarded the 2024 Peace Prize to Nihon Hidankyo, a grassroots movement of atomic-bomb survivors, for its efforts to achieve a world free of nuclear weapons.
The requirement that a police officer issue a notice of appearance to the accused, instead of making an arrest, for offences punishable with imprisonment up to seven years, is contained in-
aSection 50 of the Bharatiya Nagarik Suraksha Sanhita, 2023
bSection 35(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023
cSection 41A of the Code of Criminal Procedure, 1973
dSection 35(7) of the Bharatiya Nagarik Suraksha Sanhita, 2023
Answer: B
Section 35(3) BNSS makes it mandatory to issue a notice of appearance rather than arrest where the offence is punishable with imprisonment up to seven years; the Supreme Court has held arrest in such cases is the exception.
Under Section 187 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the maximum period of detention permitted where the investigation relates to an offence punishable with death, imprisonment for life or imprisonment for a term of not less than ten years, is-
asixty days
bone hundred and eighty days
cseventy-five days
dninety days
Answer: D
Section 187 BNSS retains the ninety-day outer limit for offences punishable with death, life imprisonment or imprisonment of not less than ten years, and sixty days for other offences.
A significant change introduced by Section 187 of the Bharatiya Nagarik Suraksha Sanhita, 2023, as compared to Section 167 CrPC, regarding police custody, is that the fifteen days of police custody-
amay be sought in whole or in parts during the initial forty or sixty days of the detention period
bmust be taken within the first fifteen days of remand only
chas been abolished altogether
dhas been extended to thirty days in all cases
Answer: A
Section 187(2) BNSS permits police custody of fifteen days to be sought in whole or in parts at any time during the initial forty (sixty-day cases) or sixty (ninety-day cases) days of the detention period.
Under Section 173 of the Bharatiya Nagarik Suraksha Sanhita, 2023, information relating to the commission of a cognizable offence given orally to the officer in charge of a police station-
aneed not be reduced to writing
bcan only be registered at the police station within whose jurisdiction the offence took place
cis valid only if accompanied by a written complaint
dshall be reduced to writing, read over to the informant, and a copy given forthwith free of cost to the informant
Answer: D
Section 173 BNSS gives statutory recognition to Zero FIR by allowing registration irrespective of jurisdiction, requires oral information to be reduced to writing and read over, and a copy to be given forthwith free of cost.
Under the proviso to Section 173(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023, for an offence punishable with imprisonment for three years or more but less than seven years, a preliminary enquiry to ascertain whether a prima facie case exists may be conducted within-
athirty days
bseven days
cfourteen days
dtwenty-one days
Answer: C
Section 173(3) BNSS permits a preliminary enquiry within fourteen days, with the prior permission of a superior officer, for offences punishable with imprisonment of three years or more but less than seven years.
The mandatory visit of a forensic expert to the scene of crime to collect forensic evidence, for offences punishable with imprisonment of seven years or more, is provided under-
aSection 180 of the Bharatiya Nagarik Suraksha Sanhita, 2023
bSection 176(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023
cSection 53 of the Bharatiya Nagarik Suraksha Sanhita, 2023
dSection 173(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023
Answer: B
Section 176(3) BNSS makes it compulsory for a forensic expert to visit the crime scene and collect forensic evidence in offences punishable with seven years or more imprisonment.
The power of the High Court or Court of Session to grant anticipatory bail to a person apprehending arrest on an accusation of having committed a non-bailable offence is now contained in-
aSection 438 of the Bharatiya Nagarik Suraksha Sanhita, 2023
bSection 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023
cSection 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023
dSection 480 of the Bharatiya Nagarik Suraksha Sanhita, 2023
Answer: B
Anticipatory bail, earlier under Section 438 CrPC, is now governed by Section 482 BNSS, conferring jurisdiction on the High Court and the Court of Session.
Under Section 479 of the Bharatiya Nagarik Suraksha Sanhita, 2023, a first-time offender who has never been convicted of any offence in the past shall be released on bond by the Court where he has undergone detention as an undertrial for-
athe entire maximum period of imprisonment specified for that offence
bone-third of the maximum period of imprisonment specified for that offence
cone-half of the maximum period of imprisonment specified for that offence
done-fourth of the maximum period of imprisonment specified for that offence
Answer: B
The first proviso to Section 479(1) BNSS provides that a first-time offender shall be released on bond on having undergone detention for one-third of the maximum period of imprisonment, whereas others are released after one-half.
An entirely new procedure introduced by Section 356 of the Bharatiya Nagarik Suraksha Sanhita, 2023, that had no general equivalent in the Code of Criminal Procedure, 1973, is-
asummary trial of small offences
btrial in absentia of a proclaimed offender
cplea bargaining
dcompounding of offences
Answer: B
Section 356 BNSS introduces trial in absentia, permitting trial and judgment against a proclaimed offender who has absconded to evade trial.
Under Section 472 of the Bharatiya Nagarik Suraksha Sanhita, 2023, a petition for mercy may be filed before the President of India or the Governor of a State by a convict-
ain every case where any sentence of imprisonment is passed
bonly in cases triable by a Court of Session
cwhere a sentence of death has been passed and the appeal/special leave is disposed of
donly where the convict is sentenced to imprisonment for life
Answer: C
Section 472 BNSS provides for filing a mercy petition before the President or Governor in death sentence cases, after disposal of the appeal or special leave petition.
Under Section 23 of the Bharatiya Nagarik Suraksha Sanhita, 2023, a Magistrate of the second class may pass a sentence of imprisonment for a term not exceeding-
aone year, or fine not exceeding ten thousand rupees, or both, or community service
bthree years, or fine not exceeding fifty thousand rupees
csix months, or fine not exceeding five thousand rupees
dtwo years, or fine not exceeding twenty thousand rupees
Answer: A
Section 23(3) BNSS empowers a Magistrate of the second class to impose imprisonment up to one year, or fine up to ten thousand rupees, or both, or community service.
Under Section 35 of the Bharatiya Nagarik Suraksha Sanhita, 2023, for a cognizable offence punishable with imprisonment of less than three years, no person who is infirm or above sixty years of age shall be arrested without the prior permission of an officer not below the rank of:
aSuperintendent of Police
bInspector of Police
cthe Judicial Magistrate of the First Class
dDeputy Superintendent of Police
Answer: D
The proviso to Section 35(7) of the BNSS, 2023 prohibits arrest of an infirm person or one above sixty years of age, for offences punishable with imprisonment of less than three years, without prior permission of an officer not below the rank of Deputy Superintendent of Police.
Under Section 173(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023, where information relating to the commission of a cognizable offence is given by electronic communication, it shall be taken on record on being signed by the informant within:
athree days
btwenty-four hours
cfourteen days
dseven days
Answer: A
The proviso to Section 173(1) BNSS provides that information given by electronic communication must be signed by the person giving it within three days for it to be recorded as an FIR.
Under Section 173(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023, for a cognizable offence punishable with imprisonment for three years or more but less than seven years, the officer in charge may, with prior permission of an officer not below the rank of DSP, conduct a preliminary enquiry which must be completed within:
afourteen days
bseven days
ctwenty-one days
dthirty days
Answer: A
Section 173(3) BNSS permits a preliminary enquiry, with prior DSP permission, to ascertain whether there exists a prima facie case for cognizable offences punishable with three to less than seven years, and such enquiry must be completed within fourteen days.
Under Section 187 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the maximum period of detention pending investigation, beyond which the accused becomes entitled to default bail, for an offence punishable with death, imprisonment for life or imprisonment for not less than ten years, is:
aone hundred and twenty days
bfifteen days
cninety days
dsixty days
Answer: C
Section 187(3) BNSS prescribes a ninety-day detention limit for offences punishable with death, life imprisonment, or imprisonment of not less than ten years, and sixty days for other offences, after which default bail accrues.
Under Section 479 of the Bharatiya Nagarik Suraksha Sanhita, 2023, a first-time offender who has never been convicted of any offence in the past shall be released on bond by the Court when he has undergone detention for:
aone-half of the maximum period of imprisonment specified for the offence
bthe entire maximum period of imprisonment specified for the offence
cone-third of the maximum period of imprisonment specified for the offence
done-fourth of the maximum period of imprisonment specified for the offence
Answer: C
The first proviso to Section 479(1) BNSS provides that a first-time offender (never previously convicted) shall be released on bond after undergoing detention for one-third of the maximum period of imprisonment, against one-half for others.
Given below are two statements, one labelled as Assertion (A) and the other as Reason (R). Assertion (A): The decision of the International Court of Justice in a contentious case has no binding force except between the parties and in respect of that particular case. Reason (R): The Statute of the International Court of Justice expressly recognises the doctrine of binding precedent (stare decisis). Select the correct answer:
aBoth (A) and (R) are true and (R) is the correct explanation of (A)
b(A) is true but (R) is false
cBoth (A) and (R) are true but (R) is not the correct explanation of (A)
d(A) is false but (R) is true
Answer: B
Article 59 of the ICJ Statute makes a decision binding only between the parties to that case, so (A) is true; but Article 59 expressly negates any doctrine of binding precedent, so (R) is false.
Under which Article of the Statute of the International Court of Justice are the sources of international law to be applied by the Court enumerated?
aArticle 34
bArticle 36
cArticle 59
dArticle 38
Answer: D
Article 38(1) of the ICJ Statute lists international conventions, international custom, general principles of law recognised by civilised nations, and (as subsidiary means) judicial decisions and teachings of publicists.
The principal judicial organ of the United Nations and the provision declaring that its Statute is based upon the Statute of the Permanent Court of International Justice is contained in which Article of the U.N. Charter?
aArticle 96
bArticle 90
cArticle 94
dArticle 92
Answer: D
Article 92 of the U.N. Charter establishes the ICJ as the principal judicial organ and provides that it functions in accordance with the annexed Statute, which is based on the Statute of the Permanent Court of International Justice.
Under the U.N. Charter, if a party to a case fails to perform the obligations incumbent upon it under a judgment of the International Court of Justice, the other party may have recourse to which organ?
aThe Trusteeship Council
bThe Security Council
cThe General Assembly
dThe Secretary-General
Answer: B
Article 94 of the U.N. Charter permits the aggrieved party to approach the Security Council, which may make recommendations or decide upon measures to give effect to the judgment.
The six principal organs of the United Nations are enumerated in which Article of the U.N. Charter?
aArticle 9
bArticle 7
cArticle 61
dArticle 23
Answer: B
Article 7 establishes the General Assembly, Security Council, Economic and Social Council, Trusteeship Council, International Court of Justice and Secretariat as the principal organs.
Which of the following statements regarding the composition of the International Court of Justice is correct?
aIt consists of 9 judges elected for six-year terms by the Security Council alone.
bIt consists of 15 judges, no two of whom may be nationals of the same State, elected for nine-year terms.
cIt consists of 18 judges, two of whom may be nationals of a permanent member.
dIt consists of 21 judges elected for life by the General Assembly alone.
Answer: B
Under Articles 3 and 13 of the ICJ Statute, the Court consists of 15 members, no two of whom may be nationals of the same State, elected for nine years by the General Assembly and the Security Council.
Which Article of the Statute of the International Court of Justice provides that only States may be parties in contentious cases before the Court?
aArticle 65
bArticle 34
cArticle 36
dArticle 38
Answer: B
Article 34(1) of the ICJ Statute expressly provides that only States may be parties in cases before the Court, distinguishing contentious jurisdiction from the advisory jurisdiction under Article 65.
The power of the Court to give an advisory opinion on any legal question at the request of a body authorised by the U.N. Charter is conferred by which Article of the ICJ Statute?
aArticle 59
bArticle 65
cArticle 38
dArticle 36
Answer: B
Article 65 of the ICJ Statute empowers the Court to render advisory opinions on legal questions at the request of bodies authorised by or in accordance with the U.N. Charter.
The inherent right of individual or collective self-defence, if an armed attack occurs against a Member of the United Nations, is recognised by which Article of the U.N. Charter?
aArticle 51
bArticle 39
cArticle 42
dArticle 2(4)
Answer: A
Article 51 preserves the inherent right of individual or collective self-defence if an armed attack occurs, until the Security Council has taken measures to maintain international peace and security.
The determination of the existence of any threat to the peace, breach of the peace, or act of aggression, with which Chapter VII enforcement action begins, is vested by which Article of the U.N. Charter?
aArticle 33
bArticle 39
cArticle 51
dArticle 41
Answer: B
Article 39 empowers the Security Council to determine the existence of any threat to the peace, breach of the peace, or act of aggression, and to recommend or decide measures under Articles 41 and 42.
Measures not involving the use of armed force, such as complete or partial interruption of economic relations and severance of diplomatic relations, may be decided by the Security Council under which Article of the U.N. Charter?
aArticle 43
bArticle 42
cArticle 40
dArticle 41
Answer: D
Article 41 authorises the Security Council to call upon Members to apply measures not involving armed force; Article 42 deals with action by air, sea or land forces where Article 41 measures are inadequate.
Under the Vienna Convention on Diplomatic Relations, 1961, the principle that the person of a diplomatic agent is inviolable and that he shall not be liable to any form of arrest or detention is laid down in which Article?
aArticle 9
bArticle 31
cArticle 22
dArticle 29
Answer: D
Article 29 of the Vienna Convention on Diplomatic Relations, 1961 declares the person of a diplomatic agent inviolable and immune from arrest or detention, while Article 22 deals with the inviolability of mission premises.
Under the Vienna Convention on Diplomatic Relations, 1961, a receiving State may at any time and without explaining its decision declare a member of the diplomatic staff to be 'persona non grata'. This is provided in which Article?
aArticle 31
bArticle 9
cArticle 22
dArticle 41
Answer: B
Article 9 of the Vienna Convention on Diplomatic Relations, 1961 permits the receiving State to declare any member of the mission persona non grata at any time without having to explain its decision.
An amendment to the Charter of the United Nations comes into force when adopted by a vote of two-thirds of the members of the General Assembly and ratified by two-thirds of the Members, including which category of members?
aAll the permanent members of the Security Council
bAll members of the Economic and Social Council
cA simple majority of the General Assembly only
dAll members of the Trusteeship Council
Answer: A
Article 108 of the U.N. Charter requires a two-thirds vote of the General Assembly and ratification by two-thirds of the Members, including all the permanent members of the Security Council.
In order to ensure continuity in the International Court of Justice, what fraction of the Court is elected every three years?
aOne-fourth
bOne-half
cTwo-thirds
dOne-third
Answer: D
One third of the Court (five judges) is elected every three years for nine-year terms, ensuring continuity in the composition of the fifteen-member Court.
In Satyabrata Ghose v. Mugneeram Bangur & Co. (AIR 1954 SC 44), the Supreme Court held that the word 'impossible' in Section 56 of the Indian Contract Act-
ais used only in the sense of physical or literal impossibility
bis not used in the sense of physical or literal impossibility, but means impracticability that strikes at the very root of the contract
capplies only to contracts for the sale of goods
drequires an express clause in the contract
Answer: B
The Supreme Court held that 'impossible' in Section 56 is not confined to physical impossibility but includes situations where performance is rendered impracticable, the foundation of the contract being upset by a supervening event.
Where two persons have made a reciprocal promise to marry each other within a fixed time, and one of them dies before that time, the contract-
ais voidable at the option of the survivor
bbecomes void on the death of either party
cis to be performed by the legal representatives of the deceased
dsubsists and the survivor may claim damages from the estate
Answer: B
Section 56 provides that a contract to do an act which, after the contract is made, becomes impossible becomes void; an agreement to perform a personal contract such as marriage becomes void on the death of either party.
When a contract contains a stipulation by way of penalty for breach, Section 74 of the Indian Contract Act, 1872 entitles the party complaining of the breach to receive-
athe whole sum named in the contract irrespective of actual loss
bnominal damages of one rupee only
cdouble the amount named as penalty
dreasonable compensation not exceeding the amount so named, whether or not actual damage is proved
Answer: D
Section 74 provides that where a sum is named or a penalty stipulated, the aggrieved party is entitled to reasonable compensation not exceeding the amount named, independent of proof of actual loss; the named sum is the ceiling, not an automatic entitlement.
Under Section 172 of the Indian Contract Act, 1872, the bailment of goods as security for payment of a debt or performance of a promise is called a pledge, and the bailor in such a case is called the-
asurety
bdepositor
cpawnee
dpawnor
Answer: D
Section 172 defines a pledge as the bailment of goods as security; the bailor is called the 'pawnor' and the bailee is called the 'pawnee'.
In the absence of any contract to that effect, an agent entering into a contract on behalf of his principal-
ais personally bound but cannot enforce them
bcan always personally enforce and is personally bound by such contracts
ccan neither personally enforce contracts entered into on behalf of the principal nor is he personally bound by them
dcan enforce them but is not personally bound
Answer: C
Section 230 lays down the general rule that, in the absence of a contract to the contrary, an agent can neither personally enforce contracts entered into on behalf of his principal nor is he personally bound by them.
Under the Indian Contract Act, 1872, an agreement which is enforceable by law at the option of one or more of the parties thereto, but not at the option of the other or others, is described as -
aan unenforceable contract
ba voidable contract
ca void agreement
dan illegal agreement
Answer: B
Section 2(i) of the Indian Contract Act, 1872 defines a voidable contract as an agreement enforceable by law at the option of one or more of the parties, but not at the option of the others.
'A' contracts to sing for 'B' at a concert for Rs. 1,000, paid in advance. 'A' is too ill to sing. With reference to Section 2(j) of the Indian Contract Act, 1872, the contract -
ais merely voidable at the option of 'B'
bremains valid and enforceable against 'A'
cbecomes void when 'A' is unable to sing
dwas void ab initio
Answer: C
Section 2(j) provides that a contract which ceases to be enforceable by law becomes void when it ceases to be enforceable; supervening incapacity to perform renders an originally valid contract void under Sections 2(j) read with 56.
A defendant's servant had been sent to trace his missing nephew before the defendant announced a reward; the servant later claimed the reward. On these facts the claim was rejected because -
aa servant is incompetent to contract with his master
bthe offer was a mere invitation to treat
cthere can be no acceptance without knowledge of the offer when the act is done
dthe reward was inadequate consideration
Answer: C
In Lalman Shukla v. Gauri Datt (1913), the Allahabad High Court held that a person who does the act in ignorance of the offer cannot be said to have accepted it; knowledge of the offer is essential to acceptance.
Which of the following statements correctly reflects the rule on a general offer made to the public at large?
aA general offer can be accepted only by a written communication to the offeror
bA general offer lapses if not accepted within a reasonable time by every member of the public
cA general offer cannot be accepted because the offeree is unascertained
dA general offer is accepted by performance of the conditions stated in it, without prior communication of acceptance
Answer: D
Carlill v. Carbolic Smoke Ball Co. (1893) held that a general (unilateral) offer is accepted by performance of its conditions, and communication of acceptance is not required where the offer dispenses with it.
Which of the following is NOT an exception recognised under Section 25 of the Indian Contract Act, 1872 to the rule that an agreement without consideration is void?
aAn oral promise to make a gift in the future to a stranger
bA promise to compensate a person who has already voluntarily done something for the promisor
cA written and registered agreement made on account of natural love and affection between parties standing in near relation
dA written and signed promise to pay a time-barred debt
Answer: A
Section 25 lists only three exceptions: natural love and affection (written and registered), compensation for past voluntary service, and a written promise to pay a time-barred debt. An oral future gift to a stranger is not among them.
Consider the following statements regarding consideration under Section 2(d) of the Indian Contract Act, 1872: 1. The act or abstinence must be at the desire of the promisor. 2. Consideration may move from the promisee or any other person. 3. Consideration must be adequate to the promise. Which of the above are correct?
a2 and 3 only
b1 and 2 only
c1 and 3 only
d1, 2 and 3
Answer: B
Section 2(d) requires the act to be at the desire of the promisor and permits consideration to move from the promisee or any other person; Explanation 2 to Section 25 clarifies that consideration need not be adequate.
A minor mortgaged his property to a moneylender whose agent knew of the minority, and later sought to avoid the transaction. The leading authority establishing that an agreement by a minor is void ab initio is -
aNash v. Inman
bCurrie v. Misa
cMohori Bibee v. Dharmodas Ghose
dCarlill v. Carbolic Smoke Ball Co.
Answer: C
In Mohori Bibee v. Dharmodas Ghose (1903), the Privy Council held that an agreement with a minor is void ab initio under Section 11, and the doctrine of estoppel did not apply as the lender's agent knew of the minority.
Under Section 68 of the Indian Contract Act, 1872, where necessaries suited to his condition in life are supplied to a minor, the person supplying them is entitled to be reimbursed -
anot at all, as a minor's agreement is void
bfrom the property of the minor
cfrom the guardian personally in all cases
dfrom the minor personally by way of a decree against him
Answer: B
Section 68 creates a quasi-contractual obligation: the supplier of necessaries to a minor is entitled to reimbursement only from the property of the minor, not from the minor personally.
Which one of the following agreements is expressly declared void by Section 27 of the Indian Contract Act, 1872, subject to the statutory exception relating to sale of goodwill?
aAn agreement in restraint of trade
bAn agreement in restraint of marriage
cAn agreement by way of wager
dAn agreement in restraint of legal proceedings
Answer: A
Section 27 declares every agreement by which anyone is restrained from exercising a lawful profession, trade or business void to that extent, except for one who sells the goodwill of a business agreeing not to carry on a similar business within specified local limits.
'A' promises 'B' to drop a prosecution he has instituted against 'B' for robbery, and 'B' promises to restore the value of the things taken. The agreement is -
avalid, as forbearance is good consideration
bmerely unenforceable for uncertainty
cvoid, because the object is unlawful as opposed to public policy
dvoidable at the option of 'B'
Answer: C
Under Section 23, stifling a prosecution for a non-compoundable offence is an object opposed to public policy; an agreement with such an object is void.
'A', the ostensible owner of land with the implied consent of the real owner 'B', sells it for consideration to 'C', who after taking reasonable care to ascertain 'A's power and acting in good faith buys it. The transfer:
aIs valid only if 'B' subsequently ratifies it
bIs void as 'A' had no title to convey
cIs voidable at the option of the real owner 'B'
dShall not be voidable on the ground that 'A' was not authorised to make it
Answer: D
Section 41 protects a good-faith transferee for consideration from an ostensible owner who holds with the real owner's consent, provided the transferee took reasonable care to ascertain the transferor's power; it is an exception to nemo dat quod non habet.
Under Section 6 of the Transfer of Property Act, which of the following is NOT capable of being transferred?
aA lessee's interest in a lease
bA right to future maintenance, in whatsoever manner arising
cAn actionable claim
dAn easement together with the dominant heritage
Answer: B
Section 6(dd) bars transfer of a right to future maintenance in whatsoever manner arising, secured or determined, as it is for the personal benefit of the holder; an actionable claim and an easement (with the dominant heritage) are transferable.
Under Section 13 of the Transfer of Property Act, an interest created for the benefit of a person not in existence at the date of the transfer, subject to a prior interest, is valid only if:
aIt extends to the whole of the remaining interest of the transferor in the property
bIt is conferred upon the unborn person attaining the age of eighteen years
cThe unborn person is in existence within eighteen years of the transfer
dA life interest is also created in favour of the unborn person
Answer: A
Section 13 requires that the interest created for the benefit of an unborn person must extend to the whole of the transferor's remaining interest; no limited or life interest can be conferred on an unborn person.
During the pendency of a suit in which a right to immovable property is directly and specifically in question, a party transfers the suit property to a stranger. Under Section 52, the transfer:
aCannot affect the rights of any other party under the decree that may be made in the suit
bIs void and confers no title whatsoever on the transferee
cIs valid and binds the other party to the suit
dIs permissible only with the leave of the court and is otherwise illegal
Answer: A
The doctrine of lis pendens in Section 52 does not make the transfer void; the transfer is valid as between the parties but the transferee takes subject to, and is bound by, the result of the pending suit.
Under Section 126 of the Transfer of Property Act, a gift may be validly revoked where the donor and donee agree that the gift shall be suspended or revoked:
aOn the happening of a specified event which does not depend on the will of the donor
bWhenever the donor experiences want or failure of consideration
cWithin three years from the date of the gift in all circumstances
dAt the mere will and pleasure of the donor
Answer: A
Section 126 permits revocation by agreement on the happening of a specified event not depending on the donor's will; an agreement allowing revocation at the mere will of the donor is void wholly or in part.
Where a transferor fraudulently or erroneously represents that he is authorised to transfer certain immovable property and professes to transfer it for consideration, and the transferor afterwards acquires an interest in that property, then under Section 43:
aThe transfer is void and the after-acquired interest remains with the transferor
bThe transferee may only claim damages and not the property
cThe transfer operates on the after-acquired interest at the option of the transferee, if the contract subsists
dThe after-acquired interest automatically vests in the transferee without any option
Answer: C
Section 43 (feeding the grant by estoppel) allows the transfer to operate, at the transferee's option, on the interest the transferor subsequently acquires during the subsistence of the contract, provided the transferee acted on the representation.
For the doctrine of part performance under Section 53A to be available as a defence, which of the following is essential?
aThe contract to transfer must be in writing and signed by or on behalf of the transferor
bThe transferee must have paid the entire consideration before taking possession
cThe transferee must have already obtained a registered sale deed
dThe contract may be oral provided possession has been delivered
Answer: A
Section 53A requires a written contract signed by or on behalf of the transferor from which the terms can be ascertained with reasonable certainty, the transferee taking/continuing in possession in part performance and being willing to perform his part; it operates only as a shield, not a sword.
A mortgage which is neither a simple mortgage, a mortgage by conditional sale, an usufructuary mortgage, an English mortgage, nor a mortgage by deposit of title-deeds, is known under Section 58 as a/an:
aSub-mortgage
bPuisne mortgage
cEquitable mortgage
dAnomalous mortgage
Answer: D
Section 58(g) defines an anomalous mortgage as one that does not fall within any of the five other categories of mortgage enumerated in Section 58.
Under Section 14 of the Transfer of Property Act, 1882, the maximum period for which the vesting of an interest may be postponed (the rule against perpetuity) is the life or lives of persons living at the date of transfer together with:
aa further period of eighteen years in all cases
bthe minority of the ultimate beneficiary who must be in existence at the expiration of that period
ca gestation period of nine months only
da fixed period of twenty-one years after the death of the last preceding interest-holder
Answer: B
Section 14 bars postponement of vesting beyond the lifetime of one or more living persons plus the minority of the ultimate beneficiary, who must be in existence (or en ventre sa mere) at the close of the last prior life interest. The English '21 years in gross' formula is not adopted.
'A' transfers his land to 'B' for life, and after B's death to such of B's sons as shall first attain the age of 25 years. B has no son living at the date of transfer. The interest created in favour of the unborn son is:
avoid, as it offends the rule against perpetuity under Section 14
bvalid, but takes effect only on the son attaining 18 years
cvoid, as no interest can ever be created in favour of an unborn person
dvalid, as it is for the benefit of an unborn person under Section 13
Answer: A
Vesting is postponed to age 25, which exceeds the life of B plus the minority (18 years) of the ultimate beneficiary; the gift therefore violates Section 14 and is void. An interest for an unborn person is otherwise valid under Section 13 if the whole remaining interest is conferred.
The transfer of a mere chance of an heir-apparent succeeding to an estate (spes successionis) is:
avalid if made for consideration
bvoid, being expressly excluded from transferability under Section 6(a)
cvalid if the propositus consents in writing
dvoidable at the option of the propositus
Answer: B
Section 6(a) of the Transfer of Property Act expressly declares that the chance of an heir-apparent succeeding to an estate, the chance of a relation obtaining a legacy, and other mere possibilities of a like nature cannot be transferred.
'A', a Hindu, who has separated from his father 'P', sells to 'B' three fields, X, Y and Z, representing that he is authorised to transfer the same. Of these fields, Z does not then belong to A, having been retained by P on the partition; but on P's death A as heir obtains Z. Which provision allows B, at his option, to obtain field Z?
aSection 41 (transfer by ostensible owner)
bSection 43 (transfer by unauthorised person who subsequently acquires interest)
cSection 53 (fraudulent transfer)
dSection 6(a) (transfer of spes successionis)
Answer: B
This is the statutory illustration to Section 43 (feeding the grant by estoppel): where a person fraudulently or erroneously represents he is authorised to transfer property and later acquires interest in it, the transfer operates on that interest at the option of the transferee, if the contract subsists.
Where, with the consent of the persons interested in immovable property, one person is the ostensible owner thereof and transfers it for consideration, the transfer is not voidable on the ground that the transferor was not authorised, provided the transferee, after taking reasonable care, acted in good faith. This protection is contained in:
aSection 51
bSection 43
cSection 38
dSection 41
Answer: D
Section 41 protects a bona fide transferee for value from an ostensible owner, provided the real owner's consent (express or implied) exists and the transferee exercised reasonable care as to the transferor's power and acted in good faith.
During the pendency of a non-collusive suit in which a right to immovable property is directly and specifically in question, a party transfers the suit property to a stranger. Under the doctrine of lis pendens:
athe transfer is valid but the transferee takes subject to the result of the suit
bthe transfer is valid and binds the decree-holder absolutely
cthe transfer is void ab initio
dthe transfer is voidable at the option of the opposite party
Answer: A
Section 52 does not render the transfer void; the alienation remains valid inter partes but is subject to and bound by the decree or order ultimately passed, so the transferee cannot defeat the rights of the other party under that decree.
The doctrine of 'basic structure', which limits the amending power of Parliament under Article 368, was propounded by the Supreme Court in-
aShankari Prasad v. Union of India
bGolak Nath v. State of Punjab
cKesavananda Bharati v. State of Kerala
dSajjan Singh v. State of Rajasthan
Answer: C
In Kesavananda Bharati v. State of Kerala (1973), a 13-Judge Bench by a 7:6 majority held that while Parliament may amend any provision under Article 368, it cannot alter or destroy the basic structure of the Constitution.
Clauses (4) and (5) of Article 368, inserted by the Constitution (Forty-second Amendment) Act, 1976 — which sought to bar judicial review of constitutional amendments and to confer unlimited amending power — were struck down by the Supreme Court in-
aManeka Gandhi v. Union of India
bIndira Nehru Gandhi v. Raj Narain
cWaman Rao v. Union of India
dMinerva Mills Ltd. v. Union of India
Answer: D
In Minerva Mills Ltd. v. Union of India (1980), the Supreme Court declared clauses (4) and (5) of Article 368 void as violative of the basic structure, holding that the limited amending power is itself a basic feature.
Which of the following statements regarding the writ jurisdiction of the High Court under Article 226 is correct?
aIt is co-extensive with and no wider than the jurisdiction of the Supreme Court under Article 32
bIt can be exercised for the enforcement of fundamental rights as well as 'for any other purpose'
cIt can be exercised only for the enforcement of fundamental rights under Part III
dIt cannot be exercised against a private person in any circumstance
Answer: B
Article 226 empowers a High Court to issue writs for the enforcement of Part III rights and 'for any other purpose'; its scope is therefore wider than Article 32, which is confined to fundamental rights.
Where a law made by a State Legislature on a matter in the Concurrent List is repugnant to an earlier law made by Parliament, the State law shall prevail in that State if-
athe Governor certifies it to be in the State interest
bit is ratified by not less than half of the State Legislatures
cit has been reserved for the consideration of the President and has received his assent
dit is passed by a two-thirds majority of the State Assembly
Answer: C
Under Article 254(2), a repugnant State law on a Concurrent List matter prevails in that State if reserved for and assented to by the President; however, Parliament may still override it by subsequent legislation.
If any question arises whether a Bill is a Money Bill or not, whose decision under Article 110 is declared to be final?
aThe Attorney-General for India
bThe Speaker of the House of the People
cThe President of India
dThe Chairman of the Council of States
Answer: B
Article 110(3) provides that if any question arises whether a Bill is a Money Bill, the decision of the Speaker of the House of the People (Lok Sabha) thereon shall be final.
Under Article 61, a charge for the impeachment of the President for violation of the Constitution must be preferred by a resolution moved after at least fourteen days' notice in writing signed by-
aa simple majority of the members present and voting
bone-half of the total number of members of the House
cnot less than one-tenth of the total number of members of the House
dnot less than one-fourth of the total number of members of the House
Answer: D
Article 61(2) requires the resolution to be moved after fourteen days' written notice signed by not less than one-fourth of the total members of the House, and to be passed by a majority of not less than two-thirds of the total membership of that House.
In which case did the Supreme Court hold that the satisfaction of the President under Article 356 is subject to judicial review and that secularism is part of the basic structure of the Constitution?
aState of Rajasthan v. Union of India
bA.K. Roy v. Union of India
cRameshwar Prasad v. Union of India
dS.R. Bommai v. Union of India
Answer: D
In S.R. Bommai v. Union of India (1994), a nine-Judge Bench held that a Proclamation under Article 356 is amenable to judicial review, that majority must be tested on the floor of the House, and that secularism forms part of the basic structure.
Assertion (A): The Directive Principles of State Policy are not enforceable by any court. Reason (R): Article 37 expressly declares that the principles in Part IV are nevertheless fundamental in the governance of the country. Select the correct answer using the code given 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
Article 37 states that Part IV provisions shall not be enforceable by any court but are fundamental in the governance of the country. Both statements are true, but non-enforceability and fundamental-character are distinct attributes, so (R) does not explain (A).
The power of a Governor to promulgate Ordinances during the recess of the State Legislature is contained in-
aArticle 356
bArticle 123
cArticle 200
dArticle 213
Answer: D
Article 213 empowers the Governor to promulgate Ordinances when the Legislature is not in session; Article 123 is the corresponding power of the President at the Union level.
Match List-I (Subject) with List-II (Seventh Schedule List) and select the correct answer using the code given below:
List-I: (A) Public order (B) Defence of India (C) Criminal law and criminal procedure (D) Inter-State trade and commerce
List-II: (1) Union List (2) State List (3) Concurrent List
aA-2, B-1, C-3, D-3
bA-1, B-2, C-3, D-1
cA-3, B-1, C-2, D-3
dA-2, B-1, C-1, D-2
Answer: A
Public order is in the State List; Defence of India is in the Union List; Criminal law and criminal procedure are in the Concurrent List; and trade and commerce with foreign countries / among States (inter-State) falls under the Union List.
The 'Doctrine of Pith and Substance', applied to sustain a law that incidentally encroaches on a field allotted to another Legislature, is principally associated with the interpretation of-
athe distribution of legislative powers under the Seventh Schedule
bthe reasonable restrictions clause of Article 19(2)
cthe territorial extent of laws under Article 245
dthe doctrine of severability under Article 13
Answer: A
Pith and substance is a rule for resolving conflicts in the distribution of legislative powers under the Seventh Schedule; the true nature and character (pith and substance) of the law determines its validity even if it incidentally trenches on another List.
Under the Constitution of India, the appointment of persons to be, and the posting and promotion of, district judges in a State is made by the Governor of the State in consultation with -
athe State Public Service Commission
bthe Council of Ministers of the State
cthe High Court exercising jurisdiction in relation to such State
dthe Chief Justice of India
Answer: C
Article 233(1) provides that appointment, posting and promotion of district judges shall be made by the Governor of the State in consultation with the High Court exercising jurisdiction in relation to that State.
The portion of a judicial decision which constitutes the binding principle of law under the doctrine of precedent is the:
aobiter dictum
bstare decisis
cres judicata
dratio decidendi
Answer: D
The ratio decidendi, the reason or principle underlying the decision, is binding under the doctrine of precedent, whereas obiter dicta (statements by the way) carry only persuasive value.
Bentham's theory that the proper end of law is to secure 'the greatest happiness of the greatest number' is an expression of the doctrine of:
ahistorical jurisprudence
bnatural law
cutilitarianism
dlegal realism
Answer: C
Bentham, founder of utilitarian jurisprudence, judged law by its utility, holding that legislation should aim at the greatest happiness of the greatest number.
The view that 'law is what the courts will in fact do' and the emphasis on the prediction of judicial behaviour rather than on rules is the hallmark of which school of jurisprudence?
aAmerican realist school
bHistorical school
cAnalytical positivist school
dNatural law school
Answer: A
American legal realism, associated with Justice Holmes and Karl Llewellyn, treats law as a prediction of what courts will actually do, focusing on the behaviour of judges rather than abstract rules.
Who among the following jurists defined law as "the command of the sovereign backed by sanction", forming the foundation of the Analytical/Positivist school?
aRoscoe Pound
bRudolf von Ihering
cJohn Austin
dFriedrich Karl von Savigny
Answer: C
John Austin's imperative (command) theory holds that law is the command of a determinate sovereign, enforced by sanction, and is the cornerstone of the Analytical school of jurisprudence.
The "Pure Theory of Law", which seeks to keep law free from ethics, politics and sociology and rests on the concept of the Grundnorm, was propounded by:
aH.L.A. Hart
bJeremy Bentham
cLeon Duguit
dHans Kelsen
Answer: D
Hans Kelsen propounded the Pure Theory of Law, conceiving the legal order as a hierarchy of norms validated ultimately by a basic norm (Grundnorm).
In H.L.A. Hart's theory, the law is a union of primary and secondary rules. The "rule of recognition" is classified as a:
aSecondary rule
bPrimary rule imposing duties
cMoral rule
dCustomary rule
Answer: A
In Hart's 'The Concept of Law', primary rules impose duties while secondary rules (of recognition, change and adjudication) confer powers; the rule of recognition is a secondary rule identifying valid law.
Sir Henry Maine's famous generalisation that the movement of progressive societies has hitherto been a movement "from status to contract" appears in his work:
aThe Province of Jurisprudence Determined
bLaw and the Modern Mind
cAncient Law
dThe Path of the Law
Answer: C
Henry Maine, in 'Ancient Law' (1861), traced the development of progressive societies as a movement from status to contract.
The theory of "social engineering", under which law is regarded as a means of balancing competing social interests, is associated with:
aRoscoe Pound
bThomas Aquinas
cKarl Marx
dEugen Ehrlich
Answer: A
Roscoe Pound's theory of social engineering treats law as a tool to satisfy and reconcile the maximum of conflicting individual, public and social interests with minimum friction and waste.
According to Salmond, a legal right which is available against the world at large, as opposed to a right available against a determinate person, is classified as a:
aRight in rem
bRight in personam
cInchoate right
dImperfect right
Answer: A
A right in rem avails against persons generally (the whole world), e.g. ownership, while a right in personam avails only against a determinate person, e.g. a contractual right.
Wesley Newcomb Hohfeld analysed legal relations into jural correlatives. The correlative of a "right" (claim) in his scheme is:
aDuty
bPrivilege
cPower
dImmunity
Answer: A
In Hohfeld's analysis of jural relations, the correlative of a right (claim) is a duty; the correlative of a privilege is a no-right, of a power a liability, and of an immunity a disability.
The two essential elements of possession recognised in jurisprudence are corpus possessionis and animus. The element of "animus possidendi" refers to:
aThe lawful title to the property
bThe transfer of ownership by delivery
cThe intention to exclude others and hold the thing as one's own
dThe physical control over the object
Answer: C
Animus possidendi is the mental element of possession — the intention to exclude others and to hold the thing for oneself — while corpus possessionis is the physical control over it.
An accused in police custody states, 'I will produce the knife with which I stabbed the deceased and which I buried in my field', and the knife is recovered from the spot indicated. Under the Bharatiya Sakshya Adhiniyam, 2023 (BSA), how much of this statement is provable?
aNothing, since it is a confession to a police officer hit by Section 23(1)
bThe entire statement, as the recovery confirms its truth
cOnly so much of the information as relates distinctly to the fact thereby discovered, under the proviso to Section 23(2)
dOnly the words 'I will produce the knife', under Section 23(2)
Answer: C
The proviso to Section 23(2) BSA lifts the bar in Section 23 to the extent of so much of the information as 'relates distinctly to the fact thereby discovered'; here the discovery of the buried knife and the words pointing to it are admissible, but not the inculpatory portion ('with which I stabbed the deceased').
Section 139 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA) provides that -
aan accomplice is not a competent witness
bthe testimony of a single witness must always be corroborated
cat least two witnesses are required to prove a fact in a criminal trial
dno particular number of witnesses shall in any case be required for the proof of any fact
Answer: D
Section 139 BSA embodies the principle that evidence is weighed, not counted: 'No particular number of witnesses shall in any case be required for the proof of any fact.'
The case of Pakala Narayana Swami v. Emperor, AIR 1939 PC 47, is a leading authority on -
athe doctrine of res gestae
bthe relevancy of a confession under Section 22 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA)
cthe scope and meaning of 'circumstances of the transaction' in a dying declaration under Section 26(a) of the Bharatiya Sakshya Adhiniyam, 2023 (BSA)
dthe presumption as to legitimacy under Section 116 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA)
Answer: C
In Pakala Narayana Swami, the Privy Council interpreted the dying-declaration provision (now Section 26(a) BSA), holding that a statement as to the cause of death or the circumstances of the transaction resulting in death is relevant even if made before death was apprehended.
Under the Bharatiya Sakshya Adhiniyam, 2023 (BSA), a leading question -
ais one which the witness is unable to understand
bmay always be asked in examination-in-chief without objection
cis one which suggests the answer the questioner wishes to receive, and may be asked in cross-examination
dcan never be asked at any stage of the trial
Answer: C
Section 146(1) of the BSA defines a leading question as one suggesting the answer; under Section 146(4) such questions may be asked in cross-examination, though under Section 146(2)-(3) they are ordinarily not permitted in examination-in-chief or re-examination without the court's leave. Section 146 BSA consolidates the former sections 141-143 of the Indian Evidence Act, 1872.
'A' is accused of a crime. The fact that, when in custody of the police, 'A' made the same statement to several different persons is sought to be proved as corroboration. Under Section 4 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA), the doctrine of res gestae is best described as -
aan exception to the rule excluding hearsay evidence
ba bar on the examination of dumb witnesses
ca presumption of law arising from custody
da rule relating to the burden of proof
Answer: A
Section 4 of the BSA (res gestae) admits facts so connected with a fact in issue as to form part of the same transaction; it operates as a well-recognised exception to the rule against hearsay. Section 4 BSA corresponds to the former Section 6 of the Indian Evidence Act, 1872.
A witness who is unable to speak gives his evidence in writing in open court. Under the Bharatiya Sakshya Adhiniyam, 2023 (BSA), such evidence shall be deemed to be -
ano evidence at all
bdocumentary evidence
csecondary evidence
doral evidence
Answer: D
Section 125 of the BSA provides that a witness unable to speak may give evidence by writing or signs in open court, and such evidence shall be deemed to be oral evidence. Section 125 BSA corresponds to the former Section 119 of the Indian Evidence Act, 1872.
Under Section 138 read with Illustration (b) to Section 119 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA), the correct legal position regarding accomplice evidence is that -
aan accomplice is a competent witness, and a conviction is not illegal where it proceeds upon the corroborated testimony of an accomplice, the court being further permitted to presume him unworthy of credit unless corroborated in material particulars
ban accomplice is not a competent witness and his evidence must be rejected
can accomplice is a competent witness but his testimony can never form the basis of a conviction in any circumstances
dan accomplice may testify only after being granted a pardon
Answer: A
Section 138 of the BSA declares an accomplice a competent witness and provides that a conviction is not illegal if it proceeds upon the corroborated testimony of an accomplice (the enacted BSA text uses 'corroborated', departing from the former Section 133 IEA which spoke of 'uncorroborated'). Illustration (b) to Section 119 lets the court presume an accomplice unworthy of credit unless corroborated in material particulars.
When a fact is especially within the knowledge of a person, the burden of proving that fact, under the Bharatiya Sakshya Adhiniyam, 2023 (BSA), is upon -
athe party who first led evidence in the suit
bthe prosecution in every case
cthe person who asserts the contrary
dthe person who has special knowledge of that fact
Answer: D
Section 109 of the BSA provides that when any fact is especially within the knowledge of any person, the burden of proving that fact is upon him. Section 109 BSA corresponds to the former Section 106 of the Indian Evidence Act, 1872.
Under Section 128 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA), communications made between spouses during marriage -
acan never be disclosed in any proceeding whatsoever
bare admissible only if reduced to writing
care protected, but the protection does not apply in suits between the married persons, or in a proceeding in which one married person is prosecuted for a crime committed against the other
dmay be disclosed only with the permission of the High Court
Answer: C
Section 128 of the BSA protects marital communications, but expressly excepts suits between the married persons and proceedings where one is prosecuted for a crime against the other; disclosure is also permitted with the consent of the person who made the communication. Section 128 BSA corresponds to the former Section 122 of the Indian Evidence Act, 1872.
Under the Bharatiya Sakshya Adhiniyam, 2023 (BSA), the Court 'may presume' a fact. This means that the Court -
amust regard the fact as proved and shall not allow evidence to disprove it
bmay either regard such fact as proved unless and until it is disproved, or may call for proof of it
cshall regard the fact as proved unless and until it is disproved
dis bound to ignore the fact altogether
Answer: B
Under Section 2(1) of the BSA, where the Adhiniyam provides that the Court 'may presume' a fact, it may either regard it as proved unless disproved, or may call for proof of it - i.e. a discretionary presumption, unlike 'shall presume' (mandatory but rebuttable) and 'conclusive proof' (irrebuttable). The definition in Section 2(1) BSA corresponds to the former Section 4 of the Indian Evidence Act, 1872.
Match List-I (Provision) with List-II (Section of the Bharatiya Sakshya Adhiniyam, 2023) and select the correct answer using the code given below:
List-I: (A) Dying declaration (B) Presumption as to documents thirty years old (C) Opinion of handwriting expert (D) Cross-examination as to previous statements in writing
List-II: (1) Section 92 (2) Section 149 (3) Section 26 (4) Section 39
aA-2, B-4, C-1, D-3
bA-3, B-1, C-4, D-2
cA-1, B-3, C-2, D-4
dA-3, B-1, C-2, D-4
Answer: B
Under the BSA, dying declaration - Section 26; presumption as to documents thirty years old - Section 92; opinion of an expert (including handwriting) - Section 39; cross-examination as to previous statements reduced to writing - Section 149. These correspond respectively to the former Sections 32, 90, 45 and 145 of the Indian Evidence Act, 1872.
Under the Bharatiya Sakshya Adhiniyam, 2023 (BSA), the expression 'evidence' as defined in Section 2 includes which of the following?
aOnly oral statements made by witnesses before the Court
bBoth oral statements of witnesses and documents (including electronic records) produced for the inspection of the Court
cOnly documents, including electronic records, produced for the inspection of the Court
dArguments advanced by counsel and the personal knowledge of the Judge
Answer: B
Section 2(1)(e) of the BSA defines 'evidence' as comprising two species - oral evidence (statements made by witnesses, including those given electronically) and documentary evidence (documents, including electronic records, produced for inspection of the Court). It does not include counsel's arguments or a judge's private knowledge. Section 2 BSA corresponds to the former Section 3 of the Indian Evidence Act, 1872.
A confession made to a police officer is rendered inadmissible against the maker by which provision of the Bharatiya Sakshya Adhiniyam, 2023 (BSA)?
aSection 23(1)
bProviso to Section 23(2)
cSection 23(2)
dSection 22
Answer: A
Section 23(1) of the BSA bars proof of any confession made to a police officer against an accused. Section 22 deals with confessions caused by inducement/threat/coercion/promise, Section 23(2) with confessions in police custody, and the proviso to Section 23(2) allows proof of information distinctly relating to a fact thereby discovered.
Under the proviso to Section 23(2) of the Bharatiya Sakshya Adhiniyam, 2023 (BSA), when information received from an accused in police custody leads to the discovery of a fact, how much of that information may be proved?
aSo much of the information as relates distinctly to the fact thereby discovered
bOnly the confessional portion of the information
cThe whole of the information given by the accused
dNone of the information, as it was given in police custody
Answer: A
The proviso to Section 23(2) of the BSA permits proof of only 'so much of such information... as relates distinctly to the fact discovered', whether or not it amounts to a confession. It operates as an exception to the bar in Section 23(1) and (2) BSA, and corresponds to the former Section 27 of the Indian Evidence Act, 1872.
In Pakala Narayana Swami v. Emperor (AIR 1939 PC 47), interpreting the words 'circumstances of the transaction which resulted in his death' as embodied in Section 26(a) of the Bharatiya Sakshya Adhiniyam, 2023 (BSA), the Privy Council held that:
aA statement is admissible only if the maker was under expectation of death when it was made
bA statement merely suggesting motive is admissible even if not connected with the transaction
cOnly a written dying declaration is admissible under Section 26(a)
dA statement is admissible only if it relates to some circumstance intimately connected with the transaction that resulted in death
Answer: D
The Privy Council held that the 'circumstances of the transaction' (now Section 26(a) BSA, formerly Section 32(1) IEA) must have some proximate relation to the actual occurrence; a statement merely suggesting motive is not admissible unless so intimately connected with the transaction as to be a circumstance of it, and expectation of death is not required.
Opinions of persons specially skilled in foreign law, science, art, or in questions as to identity of handwriting or finger impressions are relevant facts under which section of the Bharatiya Sakshya Adhiniyam, 2023 (BSA)?
aSection 39
bSection 55
cSection 124
dSection 26
Answer: A
Section 39 BSA (formerly Section 45 IEA) makes the opinions of experts on points of foreign law, science, art, handwriting or finger impressions relevant. Such opinions are advisory and not binding on the Court.
In Anvar P.V. v. P.K. Basheer (2014) 10 SCC 473, the Supreme Court held that secondary evidence of an electronic record is admissible (the requirement now being carried forward in Section 63 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA)):
aOnly with the prior permission of the High Court
bWithout any certificate, oral evidence of its contents being sufficient
cOnly on production of a certificate satisfying the conditions of Section 63(4)
dOnly if the original electronic device is produced before the Court
Answer: C
Anvar P.V. held that a certificate (now under Section 63(4) BSA, formerly Section 65B(4) IEA) is a mandatory condition precedent for admitting secondary evidence of an electronic record, overruling the contrary view in Navjot Sandhu; the certificate is not required where the original device itself is produced as primary evidence.
Where a person born during the continuance of a valid marriage between his mother and any man is sought to be proved illegitimate, Section 116 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA) treats the fact of legitimacy as conclusive proof unless it is shown that:
aA DNA test was refused by the mother
bThe husband was of unsound mind at the time of conception
cThe parties had no access to each other at any time when the child could have been begotten
dThe husband had subsequently disowned the child
Answer: C
Section 116 BSA (formerly Section 112 IEA) makes birth during a valid marriage (or within 280 days of its dissolution, the mother remaining unmarried) conclusive proof of legitimacy, the only escape being proof of non-access between the parties at the relevant time.
A right to lodge a caveat, entitling a person to notice before any order is made on an application expected to be filed against him, is provided under which section of the Code of Civil Procedure, 1908?
aSection 153-A
bSection 144
cSection 148-A
dSection 151
Answer: C
Section 148-A, inserted by the 1976 amendment, confers the right to lodge a caveat so that the caveator receives notice before any interim order is passed on the apprehended application.
The doctrine of restitution, whereby a court places the parties in the position they would have occupied but for the decree subsequently varied or reversed, is contained in -
aSection 151 of the Code of Civil Procedure
bSection 144 of the Code of Civil Procedure
cSection 47 of the Code of Civil Procedure
dOrder 21, Rule 90 of the Code of Civil Procedure
Answer: B
Section 144 embodies the doctrine of restitution, obliging the court to restore benefits obtained under a decree that has since been varied, reversed, set aside or modified.
Notwithstanding anything contained in any Letters Patent, where an appeal from an original or appellate decree or order is heard and decided by a Single Judge of a High Court, no further appeal shall lie. This bar is contained in -
aSection 105 of the Code of Civil Procedure
bSection 100 of the Code of Civil Procedure
cSection 104 of the Code of Civil Procedure
dSection 100-A of the Code of Civil Procedure
Answer: D
Section 100-A, in its present form, bars any Letters Patent appeal from the judgment and decree of a Single Judge of a High Court deciding an appeal, giving the section overriding effect over the Letters Patent.
Under Order VIII, Rule 1 of the Code of Civil Procedure, 1908, the defendant shall present a written statement of his defence ordinarily within thirty days from the date of service of summons, which the court may extend, but not later than -
aninety days from the date of service of summons
bone hundred twenty days from the date of service of summons
csixty days from the date of service of summons
done hundred eighty days from the date of service of summons
Answer: A
Order VIII, Rule 1 fixes thirty days, extendable for reasons recorded, but not beyond ninety days from service of summons; in ordinary civil suits this outer limit was held directory in Kailash v. Nanhku (2005).
In Kailash v. Nanhku (2005), the Supreme Court held that the ninety-day outer limit for filing a written statement under Order VIII, Rule 1 of the Code of Civil Procedure, in an ordinary civil suit, is -
adirectory, so that the court retains discretion to extend time in exceptionally hard cases
bwholly inapplicable to suits filed by the Government
cmandatory, so that the court loses jurisdiction to take a belated written statement on record
dmandatory only in suits for specific performance
Answer: A
In Kailash v. Nanhku, the Court held that the time-limit under Order VIII, Rule 1 is directory and not mandatory in ordinary suits, the object being to expedite, not scuttle, the hearing; extension is, however, to be granted only in exceptional cases.
A suit for the recovery 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 -
athe property is situate
bthe cause of action wholly arises
cthe plaintiff resides or carries on business
dthe defendant voluntarily submits
Answer: A
Section 16 of the Code provides that suits relating to immovable property, including recovery, partition, foreclosure, sale, redemption and determination of rights therein, must ordinarily be instituted where the property is situate.
Under Section 21 of the Code of Civil Procedure, 1908, an objection as to the place of suing (territorial jurisdiction) shall not be allowed by any appellate or revisional court unless, inter alia, the objection -
awas taken in the court of first instance at the earliest possible opportunity and there has been a consequent failure of justice
bis raised by the defendant within thirty days of the decree
cis raised for the first time before the appellate court
drelates to the subject-matter jurisdiction of the court
Answer: A
Section 21 makes territorial (and pecuniary) jurisdictional objections curable: they cannot be entertained in appeal or revision unless taken at the earliest opportunity in the trial court, before settlement of issues, and there has been a consequent failure of justice.
Which one of the following is NOT a ground on which a plaint is liable to be rejected under Order VII, Rule 11 of the Code of Civil Procedure, 1908?
aWhere the relief claimed is undervalued and the valuation is not corrected within the time fixed
bWhere the defendant has filed a counter-claim exceeding the pecuniary jurisdiction of the court
cWhere the suit appears from the statement in the plaint to be barred by any law
dWhere the plaint does not disclose a cause of action
Answer: B
Order VII, Rule 11 lists rejection grounds such as no cause of action, undervaluation, insufficient stamp, and suit barred by law; the filing of a counter-claim by the defendant is not a ground for rejecting the plaint.
A defendant against whom an ex parte decree has been passed may apply to the court which passed it to set it aside on the ground that the summons was not duly served or that he was prevented by sufficient cause from appearing. This remedy is provided under -
aOrder IX, Rule 13 of the Code of Civil Procedure
bSection 96 of the Code of Civil Procedure
cOrder XLI, Rule 21 of the Code of Civil Procedure
dOrder IX, Rule 9 of the Code of Civil Procedure
Answer: A
Order IX, Rule 13 enables a defendant to apply for setting aside an ex parte decree on proof of non-service of summons or sufficient cause for non-appearance; Order IX, Rule 9 deals with restoration of a suit dismissed for default of the plaintiff.
Under Order I, Rule 10(2) of the Code of Civil Procedure, 1908, the power of the court to strike out or add parties may be exercised -
aonly with the consent of all existing parties
bonly on the application of the plaintiff
conly before the settlement of issues
dat any stage of the proceedings, either upon or without the application of either party
Answer: D
Order I, Rule 10(2) empowers the court, at any stage of the proceedings, either upon or without an application of either party, to strike out or add any party whose presence is necessary to effectually and completely adjudicate the questions involved.
Under the Code of Civil Procedure, 1908, the doctrine of res sub judice, which empowers a court to stay the trial of a subsequently instituted suit, is contained in which one of the following Sections?
aSection 12
bSection 10
cSection 9
dSection 11
Answer: B
Section 10 CPC (stay of suit / res sub judice) bars the trial of a subsequent suit where the matter in issue is directly and substantially in issue in a previously instituted suit between the same parties; it stays the trial, not the institution.
Match List-I with List-II and select the correct answer using the code given below the lists. List-I: (A) Jurisdiction of civil courts (B) Stay of suit (C) Res judicata (D) Bar to further suit. List-II: 1. Section 11 2. Section 9 3. Section 12 4. Section 10. Code:
aA-2, B-4, C-1, D-3
bA-4, B-2, C-1, D-3
cA-2, B-1, C-4, D-3
dA-1, B-2, C-3, D-4
Answer: A
Section 9 confers jurisdiction over all suits of civil nature unless barred; Section 10 stays a suit (res sub judice); Section 11 embodies res judicata; Section 12 bars a further suit where one is barred under res judicata or precluded by any provision.
Under Section 80 of the Code of Civil Procedure, 1908, no suit shall be instituted against the Government or a public officer in respect of any act purporting to be done in his official capacity until the expiration of how many months after a notice in writing has been delivered?
aThree months
bSix months
cOne month
dTwo months
Answer: D
Section 80(1) CPC requires that no such suit be instituted until two months after delivery of the prescribed notice stating the cause of action, name, description and place of residence of the plaintiff and the relief claimed.
Under Order VIII Rule 1 of the Code of Civil Procedure, 1908 (as amended), after what maximum period from the date of service of summons does the defendant forfeit the right to file a written statement?
aThirty days
bOne hundred twenty days
cNinety days
dSixty days
Answer: B
Order VIII Rule 1 CPC fixes thirty days to file the written statement, extendable for reasons recorded up to ninety days; the defendant forfeits the right to file after one hundred twenty days from service of summons.
Which one of the following is NOT a ground for rejection of a plaint under Order VII Rule 11 of the Code of Civil Procedure, 1908?
aWhere the relief claimed is undervalued and the plaintiff fails to correct the valuation within the time fixed
bWhere the suit appears from the statement in the plaint to be barred by any law
cWhere the defendant fails to file a written statement within the prescribed time
dWhere the plaint does not disclose a cause of action
Answer: C
Order VII Rule 11 lists grounds such as no cause of action, undervaluation, insufficient stamp, and suit barred by law; failure of the defendant to file a written statement falls under Order VIII and is not a ground for rejection of the plaint.
Under the Code of Civil Procedure, 1908, a second appeal to the High Court under Section 100 lies only where the High Court is satisfied that the case involves -
aA mixed question of law and fact
bA question of valuation exceeding a prescribed amount
cA substantial question of law
dAn error of fact apparent on the record
Answer: C
Section 100 CPC permits a second appeal from an appellate decree only if the case involves a substantial question of law, which the High Court must formulate; existence of such a question is a sine qua non for the jurisdiction.
Under Section 96 of the Code of Civil Procedure, 1908, no appeal shall lie from a decree -
aPassed ex parte
bWhere the subject matter exceeds the pecuniary jurisdiction
cPassed by the court with the consent of the parties
dPassed by a court of small causes
Answer: C
Section 96(3) CPC bars an appeal from a decree passed by the court with the consent of the parties; an ex parte decree, by contrast, is appealable under Section 96(2).
The provision for settlement of disputes outside the court through arbitration, conciliation, judicial settlement including Lok Adalat, or mediation is contained in which Section of the Code of Civil Procedure, 1908?
aSection 90
bSection 89
cSection 88
dSection 96
Answer: B
Section 89 CPC provides that where it appears to the court that there exist elements of settlement, it may refer the dispute to arbitration, conciliation, judicial settlement (including Lok Adalat) or mediation.
Under the Bharatiya Nyaya Sanhita, 2023, the offence of 'organised crime' is defined and punished under which section?
aSection 110
bSection 111
cSection 113
dSection 112
Answer: B
Section 111 BNS introduces 'organised crime' as a distinct offence; Section 112 deals with 'petty organised crime' and Section 113 with 'terrorist act'.
Under the Bharatiya Nyaya Sanhita, 2023, 'dowry death' is dealt with in which section, and what is the period within which the death must occur for the presumption to operate?
aSection 85; within ten years of marriage
bSection 80; within five years of marriage
cSection 86; within seven years of marriage
dSection 80; within seven years of marriage
Answer: D
Section 80 BNS (formerly Section 304B IPC) defines dowry death as the death of a woman by burns or bodily injury, or otherwise than under normal circumstances, within seven years of marriage in connection with dowry demand.
Under the Bharatiya Nyaya Sanhita, 2023, the offence formerly known as sedition has been replaced. Which section now penalises acts endangering the sovereignty, unity and integrity of India?
aSection 152
bSection 124A
cSection 147
dSection 150
Answer: A
Section 152 BNS penalises acts endangering the sovereignty, unity and integrity of India (such as exciting secession, armed rebellion or subversive activities); the old offence of sedition under Section 124A IPC has been omitted.
Under the Bharatiya Nyaya Sanhita, 2023, the right of private defence of the body extends to voluntarily causing death of the assailant under which section, when the assault reasonably causes apprehension of death or grievous hurt?
aSection 38
bSection 41
cSection 35
dSection 34
Answer: A
Section 38 BNS (formerly Section 100 IPC) enumerates the situations in which the right of private defence of the body extends to causing death; Section 41 deals with the like right in defence of property.
Under the Bharatiya Nyaya Sanhita, 2023, 'A' instigates 'B', a child below the age of understanding, to commit suicide and B does so. Which provision is specifically attracted?
aSection 108
bSection 109
cSection 106
dSection 107
Answer: D
Section 107 BNS specifically deals with abetment of suicide of a child or a person of unsound mind, prescribing enhanced punishment; Section 108 covers abetment of suicide generally.
Match List-I (offence against the human body) with List-II (BNS section) and select the correct answer:
List-I: A. Voluntarily causing hurt B. Grievous hurt C. Wrongful restraint D. Wrongful confinement
List-II: 1. Section 127 2. Section 115 3. Section 126 4. Section 116
aA-2, B-4, C-3, D-1
bA-2, B-4, C-1, D-3
cA-4, B-2, C-3, D-1
dA-4, B-2, C-1, D-3
Answer: A
In the BNS, Section 115 is voluntarily causing hurt, Section 116 is grievous hurt, Section 126 is wrongful restraint and Section 127 is wrongful confinement.
Under the Bharatiya Nyaya Sanhita, 2023, a person convicted of theft (Section 303) for a SECOND time is liable to which enhanced punishment?
aLife imprisonment and fine
bSimple imprisonment up to three years only
cRigorous imprisonment of not less than one year extending to five years, and fine
dDeath or life imprisonment
Answer: C
Section 303(2) BNS provides that on a second or subsequent conviction for theft, the offender shall be punished with rigorous imprisonment for not less than one year extending up to five years, and fine, unlike the IPC which had no such enhanced repeat-offender clause for ordinary theft.
Under the Bharatiya Nyaya Sanhita, 2023, the substantive offence of murder is defined and its punishment is prescribed respectively in:
aSection 102 and Section 104
bSection 103 and Section 105
cSection 101 and Section 103
dSection 100 and Section 101
Answer: C
Section 101 BNS defines murder (corresponding to old IPC s.300) while Section 103 prescribes the punishment for murder, namely death or imprisonment for life and fine.
'A', with the intention of causing the death of 'Z', administers him a fatal dose of poison. While 'Z' is still alive but unconscious, a stranger 'B', acting independently and without A's knowledge, shoots 'Z' dead. Under the Bharatiya Nyaya Sanhita, 2023:
aBoth 'A' and 'B' are guilty of murder
b'A' is guilty of culpable homicide and 'B' of attempt to murder
c'A' is guilty of attempt to murder under Section 109 and 'B' is guilty of murder
dNeither 'A' nor 'B' is guilty, as the chain of causation is broken
Answer: C
Since B's independent act caused the death, A did not cause Z's death and is liable only for attempt to murder under Section 109 BNS, while B who actually killed Z is guilty of murder.
The principle of joint liability based on 'common intention', under which each person doing an act in furtherance of the common intention of all is liable as if he had done it alone, is contained in the Bharatiya Nyaya Sanhita, 2023 in:
aSection 61
bSection 190
cSection 3(4)
dSection 3(5)
Answer: D
Section 3(5) BNS reproduces the rule of common intention formerly in IPC s.34; the celebrated decision Barendra Kumar Ghosh v. Emperor explained this constructive liability.
Which one of the following is a NEW kind of punishment introduced for the first time in the list of punishments under the Bharatiya Nyaya Sanhita, 2023?
aRigorous imprisonment
bForfeiture of property
cSolitary confinement
dCommunity service
Answer: D
Section 4 BNS lists community service as a fresh category of punishment, not found in the old IPC; it is prescribed for offences such as petty theft of value below five thousand rupees and defamation.
A man who has sexual intercourse with a woman by employing 'deceitful means' such as a false promise of marriage or employment, where the act does not amount to rape, commits an offence newly carved out under the Bharatiya Nyaya Sanhita, 2023 in:
aSection 63
bSection 74
cSection 64
dSection 69
Answer: D
Section 69 BNS is a wholly new offence punishing sexual intercourse obtained by deceitful means or false promise of marriage, employment, promotion or by suppressing identity, with imprisonment up to ten years and fine.
'A', a police officer, tortures 'Z' in order to extort from him a confession that he committed a crime. Under the Bharatiya Nyaya Sanhita, 2023, A is guilty of which offence?
aWrongful confinement (Section 127)
bVoluntarily causing grievous hurt (Section 117)
cVoluntarily causing hurt to extort confession (Section 120)
dCriminal intimidation (Section 351)
Answer: C
Section 120 BNS (formerly IPC s.330) punishes voluntarily causing hurt to extort a confession or to compel restoration of property; the gradation up to grievous hurt is dealt with separately.
The specific definition and punishment for the offence of 'organised crime', including being a member of an organised crime syndicate, has been introduced in the Bharatiya Nyaya Sanhita, 2023 in:
aSection 152
bSection 111
cSection 113
dSection 109
Answer: B
Section 111 BNS is a new provision creating the offence of organised crime; the immediately following Section 113 separately deals with terrorist acts.
Under the Bharatiya Nyaya Sanhita, 2023, where a death is caused by rash or negligent act not amounting to culpable homicide, and such death is caused by rash and negligent driving of a vehicle by a person who escapes without reporting the incident to a police officer or Magistrate, the maximum imprisonment provided is:
aTen years
bFive years
cSeven years
dTwo years
Answer: A
Section 106 BNS provides up to five years generally, but where the driver causing death escapes without reporting, the punishment extends to ten years and fine.
Under Section 472 of the Bharatiya Nagarik Suraksha Sanhita, 2023, a convict under sentence of death, on rejection or disposal of his mercy petition by the Governor, must make the petition to the President of India within:
aninety days from the date of rejection by the Governor
bthirty days from the date of rejection by the Governor
csixty days from the date of rejection by the Governor
dfifteen days from the date of rejection by the Governor
Answer: C
Section 472(2) BNSS provides that the mercy petition shall first be made to the Governor, and on its rejection or disposal, to the President within sixty days from the date of such rejection or disposal.
Under Section 23 of the Bharatiya Nagarik Suraksha Sanhita, 2023, a Judicial Magistrate of the First Class may pass a sentence of imprisonment for a term not exceeding:
aone year
bseven years
cthree years
dten years
Answer: C
Section 23(1) BNSS empowers a Judicial Magistrate of the First Class to pass a sentence of imprisonment up to three years, or fine up to fifty thousand rupees, or both, or community service.
Under Section 173(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023, the statutory recognition of the 'Zero FIR' is achieved through the expression that information relating to a cognizable offence may be given to an officer in charge of a police station:
aonly within whose jurisdiction the offence is committed
birrespective of the area where the offence is committed
conly after obtaining permission of the Magistrate
donly by the victim in person
Answer: B
Section 173(1) BNSS uses the words 'irrespective of the area where the offence is committed', codifying the Zero FIR and removing jurisdictional barriers to registration of an FIR.
Under Section 183 of the Bharatiya Nagarik Suraksha Sanhita, 2023, a confession or statement made in the course of an investigation may be recorded by:
aonly a Court of Session
bonly the Magistrate having territorial jurisdiction to try the case
cany Metropolitan Magistrate or Judicial Magistrate, whether or not having jurisdiction in the case
dany police officer of or above the rank of Inspector
Answer: C
Section 183(1) BNSS empowers any Metropolitan Magistrate or Judicial Magistrate, whether or not having jurisdiction in the case, to record a confession or statement made in the course of an investigation; a confession can never be recorded by a police officer.
A police officer issues a notice of appearance under Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023. As clarified by the Karnataka High Court, such notice must be served:
aphysically, electronic means being a conscious legislative omission for Section 35
bby email to the addressee
cby WhatsApp message
donly through publication in a newspaper
Answer: A
The Karnataka High Court held that a Section 35(3) BNSS notice requires physical service, since the legislature consciously omitted Section 35 from the provisions permitting service by electronic communication.
Under Section 35 of the Bharatiya Nagarik Suraksha Sanhita, 2023, where a person complies with and continues to comply with a notice of appearance issued by the police, he:
ashall be arrested in any event for the offence mentioned in the notice
bmust furnish two sureties before the police station
cmust be produced before a Magistrate within twenty-four hours
dshall not be arrested in respect of the offence referred to in the notice unless the officer records reasons to the contrary
Answer: D
Section 35(6) BNSS provides that a person who complies with and continues to comply with the notice shall not be arrested in respect of the offence noted, unless the officer, for reasons to be recorded, is of opinion that he ought to be arrested.
Under Section 23(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, a Judicial Magistrate of the Second Class may pass a sentence of imprisonment for a term not exceeding:
athree years
btwo years
csix months
done year
Answer: D
Section 23(2) BNSS empowers a Judicial Magistrate of the Second Class to pass a sentence of imprisonment up to one year, or fine up to ten thousand rupees, or both, or community service.
Under Section 187 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the maximum period of detention pending investigation, after which the accused is entitled to default bail, for an offence other than those punishable with death, life imprisonment or imprisonment of not less than ten years, is:
aforty days
bsixty days
cthirty days
dninety days
Answer: B
Section 187(3) BNSS prescribes sixty days as the outer limit of detention pending investigation for offences not falling within the ninety-day category, on the expiry of which the accused becomes entitled to default bail.
Under Section 35 of the Bharatiya Nagarik Suraksha Sanhita, 2023, for a cognizable offence punishable with imprisonment which may extend to seven years, before arresting a person a police officer must:
aobtain a warrant from the Magistrate in every case
bwait for forty-eight hours after the FIR
cobtain the prior sanction of the Superintendent of Police
drecord his reasons in writing and be satisfied that arrest is necessary, such as to prevent tampering with evidence
Answer: D
Section 35(1)(b) BNSS requires that for cognizable offences punishable with imprisonment up to seven years, the officer must have reason to believe involvement and be satisfied, for reasons recorded in writing, that arrest is necessary on specified grounds such as proper investigation or preventing tampering with evidence.
Under Section 479 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the benefit of release on bond on undergoing one-half (or one-third for first-time offenders) of the maximum period of imprisonment is NOT available to a person accused of an offence:
atriable by a Magistrate of the First Class
bfor which the punishment is death or imprisonment for life
cpunishable with imprisonment up to seven years
dcompoundable with the permission of the court
Answer: B
The third proviso to Section 479(1) BNSS expressly excludes its application to offences for which punishment of death or imprisonment for life has been specified.
Under the Bharatiya Nagarik Suraksha Sanhita, 2023, where a cognizable offence is punishable with imprisonment of less than three years and the person to be arrested is infirm or above sixty years of age, the police officer shall not make such arrest except with the prior permission of an officer not below the rank of:
aSuperintendent of Police
bOfficer-in-charge of the police station
cDeputy Superintendent of Police
dInspector-General of Police
Answer: C
The proviso to Section 35(7) of the BNSS, 2023 bars arrest of an infirm person or a person above sixty years for an offence punishable with less than three years' imprisonment without prior permission of an officer not below the rank of Deputy Superintendent of Police.
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