Uttar Pradesh Judiciary Mock Test 8 — Questions & Solutions
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Which country won the ICC Men's Cricket World Cup 2023, defeating India in the final?
aEngland
bAustralia
cSouth Africa
dNew Zealand
Answer: B
Australia beat India by six wickets in the final at the Narendra Modi Stadium, Ahmedabad, on 19 November 2023, to claim their sixth men's World Cup title.
At the Paris 2024 Olympics, Neeraj Chopra won a silver medal in which event?
aLong jump
bShot put
cDiscus throw
dJavelin throw
Answer: D
Neeraj Chopra won silver in the men's javelin throw at Paris 2024, becoming the first Indian track-and-field athlete since independence to win two Olympic medals.
The classical dance form Sattriya, recognised as classical by the Sangeet Natak Akademi in 2000, is associated with which state?
aManipur
bAssam
cOdisha
dKerala
Answer: B
Sattriya originated in the Vaishnavite monasteries (Sattras) of Assam, founded by saint Srimanta Sankardeva, and was recognised as a classical dance form by the Sangeet Natak Akademi on 15 November 2000.
The Great Stupa at Sanchi, one of the oldest stone structures in India, was originally commissioned by which Mauryan emperor?
aChandragupta Maurya
bBindusara
cBrihadratha
dAshoka
Answer: D
The Great Stupa at Sanchi was originally built in the 3rd century BCE by Emperor Ashoka; the Buddhist monuments at Sanchi are a UNESCO World Heritage Site.
Pattachitra, a cloth-based scroll painting tradition depicting Lord Jagannath and Krishna legends, is chiefly associated with which state?
aAndhra Pradesh
bRajasthan
cTamil Nadu
dOdisha
Answer: D
Pattachitra is a traditional cloth-based scroll painting of Odisha (and West Bengal), known for mythological themes especially the life of Lord Jagannath and Krishna.
As of the October 2024 Cabinet decision, how many languages enjoy 'Classical Language' status in India?
aSix
bNine
cEleven
dFourteen
Answer: C
After Marathi, Pali, Prakrit, Assamese and Bengali were added in October 2024 to the earlier six, the total number of Classical Languages became eleven.
On which date did Chandrayaan-3's lander module make its historic soft landing near the Moon's south polar region, making India the first country to land there?
a23 August 2023
b14 July 2023
c22 October 2023
d23 August 2022
Answer: A
ISRO's Chandrayaan-3 (lander Vikram, rover Pragyan) soft-landed on 23 August 2023, making India the fourth country to land on the Moon and the first near the lunar south pole.
India's first dedicated solar mission, Aditya-L1, was placed in a halo orbit around which point?
aSun-Earth Lagrange Point 1 (L1)
bA low Earth orbit
cA lunar polar orbit
dSun-Earth Lagrange Point 2 (L2)
Answer: A
Aditya-L1, launched on 2 September 2023, was inserted into a halo orbit around the Sun-Earth Lagrange Point 1 (L1) on 6 January 2024, about 1.5 million km from Earth.
On 21 June 2023, India became a signatory to which US-led framework for principles governing civil space exploration?
aThe Outer Space Treaty
bThe Moon Agreement
cThe Artemis Accords
dThe Wassenaar Arrangement
Answer: C
India signed the Artemis Accords on 21 June 2023, becoming the 27th nation to do so, formalising space-cooperation principles with the United States/NASA.
The three new criminal laws that replaced the IPC, CrPC and Indian Evidence Act came into force on:
a26 January 2024
b1 July 2024
c15 August 2023
d1 April 2024
Answer: B
The Bharatiya Nyaya Sanhita, Bharatiya Nagarik Suraksha Sanhita and Bharatiya Sakshya Adhiniyam came into effect on 1 July 2024, replacing the IPC, CrPC and Indian Evidence Act respectively.
In its February 2024 verdict, the Supreme Court struck down the Electoral Bonds Scheme primarily for violating which constitutional right?
aThe right to information of voters under Article 19(1)(a)
bThe right to equality under Article 14
cThe right to life under Article 21
dThe right to freedom of religion under Article 25
Answer: A
In Association for Democratic Reforms v. Union of India (15 Feb 2024), the Supreme Court held the Electoral Bonds Scheme unconstitutional for violating voters' right to information under Article 19(1)(a).
The 106th Constitutional Amendment Act, 2023 (Nari Shakti Vandan Adhiniyam) provides for the reservation of what proportion of seats for women in the Lok Sabha and State Legislative Assemblies?
aOne-half
bOne-third
cOne-tenth
dOne-fourth
Answer: B
The Nari Shakti Vandan Adhiniyam reserves, as nearly as may be, one-third (33%) of directly elected seats in the Lok Sabha and State Assemblies for women.
Implementation of the women's reservation under the Nari Shakti Vandan Adhiniyam is contingent on the completion of which two exercises?
aA new census and delimitation of constituencies
bA referendum and a constitutional review
cElectoral roll revision and EVM verification
dA national consultation and a Supreme Court reference
Answer: A
The Act states that the reservation shall take effect only after delimitation of constituencies undertaken on the basis of the first census conducted after the Act's commencement.
Which state became the first in independent India to implement a Uniform Civil Code, with the law coming into force on 27 January 2025?
aGujarat
bUttarakhand
cAssam
dMadhya Pradesh
Answer: B
Uttarakhand became the first state in independent India to implement a Uniform Civil Code; the UCC of Uttarakhand, 2024 came into force on 27 January 2025.
NEP 2020 recommends that, wherever possible, the medium of instruction until at least Grade 5 (and preferably Grade 8) should be the:
aSanskrit language
bEnglish language only
cHindi language only
dHome language/mother tongue or local/regional language
Answer: D
NEP 2020 emphasises using the home language/mother tongue or local/regional language as the medium of instruction at least until Grade 5, preferably till Grade 8.
As per the 'Status of Tigers in India 2022' estimation, the average estimated tiger population in India was about:
a1,411
b2,967
c3,682
d5,167
Answer: C
The All India Tiger Estimation 2022 put the minimum number at 3,167 (camera-trapped) and the average estimate at about 3,682 tigers (upper limit 3,925).
Under 'Project Cheetah', the first batch of eight cheetahs introduced into Kuno National Park in September 2022 were brought from which country?
aKenya
bNamibia
cBotswana
dTanzania
Answer: B
On 17 September 2022, eight cheetahs from Namibia were released in Kuno National Park, Madhya Pradesh — the world's first intercontinental translocation of a large carnivore.
At the 2023 New Delhi G20 Summit, which regional bloc was admitted as a new permanent member of the G20?
aASEAN
bThe Arab League
cSAARC
dThe African Union
Answer: D
Under India's presidency, the African Union (a 55-member bloc) was admitted as a permanent member of the G20, becoming only the second regional bloc after the EU.
India's new Parliament building was inaugurated by the Prime Minister on:
a26 January 2023
b15 August 2023
c28 May 2023
d26 November 2022
Answer: C
The new Parliament building, part of the Central Vista redevelopment, was inaugurated on 28 May 2023, with the Sengol installed in the Lok Sabha chamber.
The historical sceptre installed in the new Lok Sabha chamber, symbolising the 1947 transfer of power, is known as the:
aAshoka Danda
bRajdand
cKalsa
dSengol
Answer: D
The 'Sengol', a golden sceptre associated with the August 1947 transfer of power to Jawaharlal Nehru, was installed in the new Lok Sabha chamber in May 2023.
On 11 December 2023, the Supreme Court of India delivered a verdict upholding the abrogation of which constitutional provision relating to Jammu and Kashmir?
aArticle 370
bArticle 371
cArticle 356
dArticle 35A only
Answer: A
On 11 December 2023, the Supreme Court upheld the 2019 abrogation of Article 370, holding it to be a temporary provision.
The Jammu and Kashmir Reorganisation Act, 2019 bifurcated the former state into which two Union Territories?
aJammu and Kashmir; and Leh
bJammu; and Kashmir Valley
cKashmir; and Gilgit-Baltistan
dJammu and Kashmir; and Ladakh
Answer: D
The 2019 Act bifurcated the state into the Union Territory of Jammu and Kashmir (with a legislature) and the Union Territory of Ladakh (without a legislature).
The PM Vishwakarma Scheme, launched in September 2023, provides holistic support to artisans and craftspeople engaged in how many traditional trades?
a10 trades
b18 trades
c24 trades
d30 trades
Answer: B
The PM Vishwakarma Scheme, launched on 17 September 2023, covers artisans and craftspeople of 18 traditional trades (such as carpentry, blacksmithing, pottery, tailoring).
In 2024 the Union Cabinet expanded Ayushman Bharat PM-JAY to provide free health cover to all senior citizens irrespective of income above which age?
a60 years
b65 years
c70 years
d75 years
Answer: C
On 11 September 2024 the Cabinet approved extending AB PM-JAY health cover of Rs 5 lakh to all senior citizens aged 70 years and above, irrespective of income.
In the 2024 Lok Sabha elections, which party emerged as the single largest party with 240 seats?
aIndian National Congress
bSamajwadi Party
cBharatiya Janata Party
dAll India Trinamool Congress
Answer: C
In the 2024 general election the Bharatiya Janata Party (BJP) emerged as the single largest party with 240 seats; the NDA secured a majority and the Congress won 99 seats.
The Census of India 2027, whose first official notification was issued in 2025, will be notable as India's first census to be conducted:
aDigitally, with self-enumeration option, and including caste enumeration
bWithout any caste enumeration
cOnly in urban areas
dEntirely by postal survey
Answer: A
Census 2027 is planned as India's first digital census (with a self-enumeration option) and, as decided by the CCPA, will include caste enumeration for the first time since 1931.
On the recommendations of which commission was the Reserve Bank of India established under the Reserve Bank of India Act, 1934?
aMudaliar Commission
bChamberlain Commission
cSarkaria Commission
dHilton Young Commission
Answer: D
The RBI was established on the recommendations of the Hilton Young Commission (Royal Commission on Indian Currency and Finance, 1926) and began operations on 1 April 1935.
In which year was the Reserve Bank of India nationalised, i.e., transferred to public ownership?
a1935
b1947
c1949
d1969
Answer: C
Although established in 1935 as a privately owned bank, the RBI was nationalised on 1 January 1949 under the Reserve Bank of India (Transfer to Public Ownership) Act, 1948.
The Second Five-Year Plan (1956-61), which emphasised rapid industrialisation through heavy industries, was based on the model devised by:
aV.K.R.V. Rao
bAmartya Sen
cD.R. Gadgil
dP.C. Mahalanobis
Answer: D
The Second Five-Year Plan was based on the Mahalanobis model, named after statistician P.C. Mahalanobis, stressing development of heavy and capital goods industries.
In India, one-rupee notes and coins are issued by which authority?
aThe Ministry of Finance, Government of India
bState Bank of India
cReserve Bank of India
dNITI Aayog
Answer: A
While the RBI issues all currency notes of Rs.2 and above, the one-rupee note and coins are issued by the Ministry of Finance, Government of India (one-rupee note bears the Finance Secretary's signature).
Under which system does the Reserve Bank of India issue currency notes since 1957?
aProportional Reserve System
bCurrency Board System
cFixed Fiduciary System
dMinimum Reserve System
Answer: D
Since 1957 the RBI follows the Minimum Reserve System, under which it must keep a minimum reserve of Rs.200 crore (Rs.115 crore in gold and Rs.85 crore in foreign securities).
Under whose Prime Ministership and as part of whose finance ministership were the major economic reforms (LPG) of 1991 launched in India?
aP.V. Narasimha Rao as PM and Manmohan Singh as FM
bMorarji Desai as PM and H.M. Patel as FM
cAtal Bihari Vajpayee as PM and Yashwant Sinha as FM
dRajiv Gandhi as PM and V.P. Singh as FM
Answer: A
The 1991 New Economic Policy (Liberalisation, Privatisation, Globalisation) was launched under PM P.V. Narasimha Rao with Dr. Manmohan Singh as Finance Minister.
The Green Revolution in India, launched in the mid-1960s, was associated primarily with the increased production of which crop in its initial phase?
aRice
bSugarcane
cWheat
dCotton
Answer: C
The Green Revolution in India initially centred on high-yielding varieties of wheat (notably in Punjab and Haryana), associated with M.S. Swaminathan and Norman Borlaug.
Who is widely regarded as the 'Father of the Green Revolution in India'?
aNorman Borlaug
bVerghese Kurien
cM.S. Swaminathan
dP.C. Mahalanobis
Answer: C
Dr. M.S. Swaminathan is regarded as the Father of the Green Revolution in India; Norman Borlaug is considered the father of the Green Revolution worldwide, and Kurien led the White Revolution (dairy).
The National Bank for Agriculture and Rural Development (NABARD) was established in which year?
a1969
b1975
c1991
d1982
Answer: D
NABARD was established on 12 July 1982 on the recommendations of the Shivaraman Committee (CRAFICARD) as the apex development bank for agriculture and rural development.
The International Monetary Fund (IMF) and the World Bank (IBRD) were conceived at which 1944 conference?
aBretton Woods Conference
bYalta Conference
cSan Francisco Conference
dGeneva Conference
Answer: A
The IMF and the IBRD (World Bank) were conceived at the Bretton Woods Conference (UN Monetary and Financial Conference) held in July 1944 in New Hampshire, USA.
Under which Article of the Constitution of India is the 'Annual Financial Statement' (Union Budget) laid before Parliament?
aArticle 112
bArticle 110
cArticle 280
dArticle 360
Answer: A
Article 112 requires the President to cause the Annual Financial Statement (Union Budget) of estimated receipts and expenditure to be laid before Parliament for each financial year.
The poverty line methodology that fixed the poverty line at about Rs.27 per day (rural) and Rs.33 per day (urban) for 2011-12 was recommended by which committee?
aLakdawala Committee
bRangarajan Committee
cTendulkar Committee
dDandekar-Rath Committee
Answer: C
The Suresh Tendulkar Committee methodology set the 2011-12 poverty line at about Rs.27 (rural) and Rs.33 (urban) per capita per day, estimating 21.9% of Indians as poor.
The first official estimate of India's national income after independence was prepared by the National Income Committee (1949) headed by:
aP.C. Mahalanobis
bDadabhai Naoroji
cV.K.R.V. Rao
dD.R. Gadgil
Answer: A
The National Income Committee constituted in 1949 was chaired by P.C. Mahalanobis (with V.K.R.V. Rao and D.R. Gadgil as members) and gave the first official national income estimates.
Who is credited with the first attempt to estimate India's national income (per capita income) in 1867-68?
aWilliam Digby
bR.C. Dutt
cV.K.R.V. Rao
dDadabhai Naoroji
Answer: D
Dadabhai Naoroji made the first attempt to estimate India's national income (1867-68) in his work 'Poverty and Un-British Rule in India', estimating per capita income at about Rs.20.
The Statutory Liquidity Ratio (SLR) is maintained by commercial banks in the form of:
aLiquid assets such as cash, gold and approved government securities held by the bank itself
bCash balances kept only with the RBI
cForeign currency reserves only
dLoans advanced to priority sectors
Answer: A
SLR is the minimum percentage of Net Demand and Time Liabilities that a bank must maintain in the form of liquid assets such as cash, gold and approved (government) securities with itself.
Under the Wild Life (Protection) Act, 1972, the highest degree of legal protection (absolute protection) for species such as the tiger is provided under which Schedule?
aSchedule II
bSchedule I
cSchedule III
dSchedule V
Answer: B
Schedule I of the Wild Life (Protection) Act, 1972 provides absolute protection to species such as the tiger, with the most stringent penalties.
Which animal has been declared India's 'National Heritage Animal'?
aAsian Elephant
bTiger
cLion
dOne-horned Rhinoceros
Answer: A
The Asian Elephant (Elephas maximus) was declared the National Heritage Animal of India by the MoEF in 2010, on the recommendation of the Standing Committee of the National Board for Wildlife.
India's first national park (now part of a tiger reserve), established in 1936, was originally named which of the following?
aKanha National Park
bKaziranga National Park
cHailey National Park
dBandipur National Park
Answer: C
India's first national park was established in 1936 as Hailey National Park (named after Sir Malcolm Hailey); it was later renamed Corbett National Park.
The Forest (Conservation) Act, which restricts the de-reservation of forests and use of forest land for non-forest purposes, was enacted in which year?
a1972
b1974
c1986
d1980
Answer: D
The Forest (Conservation) Act, 1980 regulates the diversion of forest land for non-forest purposes and requires prior approval of the Central Government.
Section 173(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023, by using the expression "irrespective of the area where the offence is committed", has given statutory recognition to which concept?
aCross FIR
bMultiple FIR
cSecond FIR
dZero FIR
Answer: D
Section 173(1) BNSS expressly enables registration of an FIR irrespective of the territorial jurisdiction of the police station, thereby codifying the 'Zero FIR' concept that previously rested only on executive guidelines.
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 Deputy Superintendent of Police, conduct a preliminary enquiry to ascertain a prima facie case within a period of:
aThirty days
bSeven days
cFourteen days
dTwenty-one days
Answer: C
Section 173(3) BNSS permits a preliminary enquiry, with prior DSP-rank permission, for offences punishable with three years or more but less than seven years, to be completed within fourteen days.
Under Section 187 of the Bharatiya Nagarik Suraksha Sanhita, 2023, an accused becomes entitled to default bail on expiry of ninety days of detention where the investigation relates to an offence punishable with:
aImprisonment for any term exceeding three years
bImprisonment for a term not exceeding seven years
cImprisonment for a term not exceeding ten years only
dDeath, imprisonment for life, or imprisonment for a term of not less than ten years
Answer: D
Section 187(3) BNSS prescribes a ninety-day detention limit for offences punishable with death, imprisonment for life, or imprisonment for not less than ten years; the limit is sixty days for other offences, after which default bail accrues.
Which section of the Bharatiya Nagarik Suraksha Sanhita, 2023 preserves the inherent powers of the High Court to make orders to prevent abuse of the process of any Court or otherwise to secure the ends of justice?
aSection 482
bSection 528
cSection 401
dSection 438
Answer: B
Section 528 BNSS, the successor to Section 482 CrPC, saves the inherent powers of the High Court; the corresponding power of anticipatory bail is now in Section 482 BNSS.
Under the Bharatiya Nagarik Suraksha Sanhita, 2023, the power to grant anticipatory bail (direction for release in the event of arrest) is contained in:
aSection 480
bSection 482
cSection 483
dSection 438
Answer: B
Anticipatory bail, earlier under Section 438 CrPC, is now governed by Section 482 BNSS, which can be invoked only before the Court of Session or the High Court.
Under Section 23 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the Court of a Chief Judicial Magistrate may pass any sentence authorised by law except:
aA sentence of death or imprisonment for life only
bA sentence of imprisonment for a term exceeding three years
cA sentence of fine exceeding ten thousand rupees
dA sentence of death, imprisonment for life, or imprisonment for a term exceeding seven years
Answer: D
Section 23(1) BNSS empowers a Chief Judicial Magistrate to pass any sentence except death, imprisonment for life, or imprisonment exceeding seven years.
The sources of international law which the International Court of Justice is to apply are enumerated in which Article of the Statute of the ICJ?
aArticle 36
bArticle 38
cArticle 41
dArticle 34
Answer: B
Article 38(1) of the Statute of the ICJ lists international conventions, international custom, general principles of law recognised by civilised nations, and (subsidiarily) judicial decisions and the teachings of jurists as the sources to be applied.
Under Article 27(3) of the Charter of the United Nations, a decision of the Security Council on non-procedural (substantive) matters requires an affirmative vote of-
aTwo-thirds of the members present and voting
bAll fifteen members
cSeven members including the concurring votes of the permanent members
dNine members including the concurring votes of the permanent members
Answer: D
Article 27(3) requires an affirmative vote of nine members including the concurring votes of the permanent members for decisions on all matters other than procedural ones; this is the basis of the 'veto'.
Under Article 23 of the United Nations Charter, the ten non-permanent members of the Security Council are elected for a term of-
aThree years
bFive years
cOne year
dTwo years
Answer: D
Article 23(2) of the Charter provides that the ten non-permanent members of the fifteen-member Security Council are elected by the General Assembly for a term of two years.
The International Court of Justice consists of fifteen judges who, under the Statute of the ICJ, are elected for a term of-
aSix years
bFor life until the age of seventy
cFive years
dNine years
Answer: D
Article 13 of the Statute of the ICJ provides that the members of the Court are elected for nine years and may be re-elected, with one-third (five judges) elected every three years.
Under the Statute of the International Court of Justice, who may be parties in contentious cases before the Court?
aStates and international organisations
bOnly States
cStates, international organisations and individuals
dAny subject of international law including multinational corporations
Answer: B
Article 34(1) of the Statute of the ICJ provides that only States may be parties in contentious cases before the Court; international organisations may only seek advisory opinions through authorised organs.
Under Article 96 of the United Nations Charter, which of the following may request an advisory opinion of the International Court of Justice?
aAny member State of the United Nations
bThe General Assembly and the Security Council
cOnly the General Assembly
dOnly the Security Council
Answer: B
Article 96(1) empowers the General Assembly and the Security Council to request advisory opinions on any legal question; other UN organs and specialised agencies may do so only if authorised by the General Assembly.
Which of the following is the principal judicial organ of the United Nations as declared by the Charter?
aThe Permanent Court of Arbitration
bThe International Criminal Court
cThe Economic and Social Council
dThe International Court of Justice
Answer: D
Article 92 of the UN Charter declares the International Court of Justice to be the principal judicial organ of the United Nations and provides that it functions in accordance with its Statute annexed to the Charter.
The Economic and Social Council (ECOSOC) of the United Nations, under Article 61 of the Charter, consists of-
aFifty-four members
bFifteen members
cAll members of the United Nations
dTwenty-seven members
Answer: A
Article 61 of the Charter (as amended) provides that ECOSOC consists of fifty-four members elected by the General Assembly, with eighteen elected every year for three-year terms.
Under Article 4 of the United Nations Charter, the admission of a new member State to the United Nations is effected by-
aA decision of the General Assembly alone
bA decision of the Secretary-General
cA decision of the General Assembly upon the recommendation of the Security Council
dA decision of the Security Council alone
Answer: C
Article 4(2) provides that admission of a peace-loving State is effected by a decision of the General Assembly upon the recommendation of the Security Council.
The concept of jus cogens (a peremptory norm from which no derogation is permitted) is defined in which Article of the Vienna Convention on the Law of Treaties, 1969?
aArticle 26
bArticle 60
cArticle 62
dArticle 53
Answer: D
Article 53 of the Vienna Convention on the Law of Treaties, 1969 defines jus cogens and provides that a treaty conflicting with such a peremptory norm of general international law is void.
The doctrine of rebus sic stantibus (fundamental change of circumstances) as a ground for terminating or withdrawing from a treaty is embodied in which provision of the Vienna Convention on the Law of Treaties, 1969?
aArticle 62
bArticle 18
cArticle 46
dArticle 53
Answer: A
Article 62 of the Vienna Convention on the Law of Treaties, 1969 incorporates the doctrine of rebus sic stantibus, permitting reliance on a fundamental change of circumstances in limited and exceptional situations.
The Universal Declaration of Human Rights was adopted and proclaimed by the United Nations General Assembly on-
a24 October 1945
b26 June 1945
c10 January 1946
d10 December 1948
Answer: D
The Universal Declaration of Human Rights was adopted by the General Assembly on 10 December 1948 by Resolution 217 A (III); the day is observed annually as Human Rights Day.
Under the United Nations Convention on the Law of the Sea, 1982, the breadth of the territorial sea which a coastal State may claim shall not exceed-
a200 nautical miles
b24 nautical miles
c12 nautical miles
d3 nautical miles
Answer: C
Article 3 of UNCLOS, 1982 provides that every State has the right to establish the breadth of its territorial sea up to a limit not exceeding 12 nautical miles from the baselines.
Under the United Nations Convention on the Law of the Sea, 1982, the Exclusive Economic Zone of a coastal State extends up to-
a100 nautical miles from the baseline
b200 nautical miles from the baseline
c350 nautical miles from the baseline
d24 nautical miles from the baseline
Answer: B
Under UNCLOS, 1982 the Exclusive Economic Zone extends up to 200 nautical miles from the baselines, within which the coastal State has sovereign rights over natural resources.
Under Article 108 of the United Nations Charter, an amendment to the Charter comes into force when adopted by two-thirds of the General Assembly and ratified by two-thirds of the members of the United Nations, including-
aAll the non-permanent members of the Security Council
bAll the permanent members of the Security Council
cThe Secretary-General and the President of the General Assembly
dA simple majority of the Security Council
Answer: B
Article 108 requires that a Charter amendment be ratified by two-thirds of UN members including all the permanent members of the Security Council, effectively giving each permanent member a veto over amendments.
Under Article 38(1) of the Statute of the International Court of Justice, which of the following is NOT listed as a source the Court shall apply in deciding disputes submitted to it?
aThe general principles of law recognized by civilized nations
bResolutions of the United Nations General Assembly
cInternational conventions establishing rules expressly recognized by the contesting States
dInternational custom, as evidence of a general practice accepted as law
Answer: B
Article 38(1) lists conventions, custom, general principles of law (and, as subsidiary means, judicial decisions and teachings). General Assembly resolutions are not enumerated as a source under Article 38.
Under Article 27 of the United Nations Charter, decisions of the Security Council on all matters other than procedural matters require an affirmative vote of nine members including-
athe concurring votes of any nine members regardless of status
bthe concurring votes of two-thirds of all members
cthe concurring votes of the permanent members
dthe concurring votes of the President of the General Assembly
Answer: C
Article 27(3) requires, for non-procedural (substantive) matters, an affirmative vote of nine members including the concurring votes of the permanent members, which is the basis of the veto.
With reference to Section 56 of the Indian Contract Act, 1872, which of the following best states the rule of supervening impossibility laid down in Satyabrata Ghose v. Mugneeram Bangur & Co.?
aImpossibility must be literal physical impossibility only
bMere commercial difficulty in performance discharges the contract
cThe doctrine of frustration in India rests solely on an implied term in the contract
dThe word 'impossible' is used in its practical sense, covering frustration of the very foundation of the contract
Answer: D
In Satyabrata Ghose v. Mugneeram Bangur & Co., the Supreme Court held that 'impossible' in Section 56 is to be taken in its practical and not literal sense, the doctrine resting on the statute rather than an implied term.
The substitution of a new contract for an existing one between the same parties, whereby the old contract need not be performed, is known under Section 62 of the Indian Contract Act, 1872 as -
anovation
bremission
calteration
drescission
Answer: A
Section 62 provides that where the parties agree to substitute a new contract for the old, the original contract need not be performed; this substitution is termed novation.
Section 73 of the Indian Contract Act, 1872, dealing with compensation for breach of contract, is regarded as the statutory embodiment of the rule laid down in -
aHadley v. Baxendale
bHochster v. De La Tour
cDunlop Pneumatic Tyre Co. v. New Garage & Motor Co.
dTaylor v. Caldwell
Answer: A
Section 73 allows compensation for loss naturally arising in the usual course of things or which the parties knew was likely to result, and bars remote or indirect loss; it codifies the two limbs of Hadley v. Baxendale.
A guarantee which extends to a series of transactions is, under Section 129 of the Indian Contract Act, 1872, called -
aa continuing guarantee
ba retrospective guarantee
can implied guarantee
da specific guarantee
Answer: A
Section 129 defines a continuing guarantee as a guarantee which extends to a series of transactions; it may be revoked by the surety as to future transactions by notice to the creditor.
Which of the following correctly distinguishes a contract of indemnity (Section 124) from a contract of guarantee (Section 126) under the Indian Contract Act, 1872?
aIn a guarantee the liability of the surety is primary, while in indemnity it is secondary
bAn indemnity involves three parties whereas a guarantee involves two
cA contract of guarantee involves three parties and the surety's liability is secondary, whereas indemnity is between two parties
dBoth contracts must compulsorily be in writing to be valid
Answer: C
Under Section 126 a guarantee involves three parties (creditor, principal debtor, surety) with the surety's liability being secondary, whereas a Section 124 indemnity is between two parties (indemnifier and indemnified).
Under Section 2(d) of the Indian Contract Act, 1872, consideration may be furnished by-
athe promisee only
ba stranger to the contract who is also a party to the consideration but not the promisee
cthe promisor only
dthe promisee or any other person
Answer: D
Section 2(d) defines consideration as an act or abstinence done by 'the promisee or any other person', so consideration may move from a third person; this distinguishes Indian law from English law.
A finds a lost wallet on the street and returns it to its owner B, who had earlier publicly announced a reward of Rs. 5,000 for its return. A had no knowledge of B's announcement when he returned the wallet. Applying the principle in Lalman Shukla v. Gauri Dutt, A is-
aentitled to half the reward on the ground of quantum meruit
bentitled to the reward only if B's offer was made in writing
cnot entitled to the reward, as he had no knowledge of the offer when he acted
dentitled to the reward as he performed the act
Answer: C
In Lalman Shukla v. Gauri Dutt (1913), the Allahabad High Court held that an offer of reward can be accepted only by a person who knows of it; performance without knowledge of the offer creates no contract.
An agreement made out of natural love and affection between parties standing in a near relation to each other is enforceable under Section 25 of the Indian Contract Act, 1872, only if it is-
aregistered, whether or not in writing
bin writing and registered
coral and supported by past consideration
din writing, whether or not registered
Answer: B
The first exception to Section 25 requires that the agreement be both in writing and registered under the law for registration of documents, and made on account of natural love and affection between parties in near relation.
Which one of the following pairs is NOT correctly matched under the Indian Contract Act, 1872?
aSection 56 - Agreement to do impossible act
bSection 28 - Agreement in restraint of marriage void
cSection 27 - Agreement in restraint of trade void
dSection 23 - What considerations and objects are lawful and what not
Answer: B
Section 28 deals with agreements in restraint of legal proceedings (void), not restraint of marriage; restraint of marriage is dealt with by Section 26.
Under Section 27 of the Indian Contract Act, 1872, an agreement in restraint of trade is valid in the case of-
aa partner agreeing not to carry on any business after dissolution
bany reasonable restraint on trade, as judged by the court
can employee agreeing not to take up any employment for life
dthe seller of the goodwill of a business agreeing not to carry on a similar business within specified local limits, so long as the buyer carries on a like business therein
Answer: D
The sole statutory exception in Section 27 itself permits the seller of goodwill to agree not to carry on a similar business within reasonable local limits while the buyer carries on a like business there.
The leading Indian decision holding that an agreement entered into by a minor is void ab initio is-
aCarlill v. Carbolic Smoke Ball Co.
bBalfour v. Balfour
cSatyabrata Ghose v. Mugneeram Bangur & Co.
dMohori Bibee v. Dharmodas Ghose
Answer: D
In Mohori Bibee v. Dharmodas Ghose (1903), the Privy Council held that, in view of Section 11, a minor's agreement is void ab initio and not merely voidable.
Assertion (A): An advertisement promising a reward to anyone who uses a product and still catches influenza is a valid offer to the world at large. Reason (R): A general offer can be accepted by any person who, with knowledge of the offer, performs the conditions specified therein. Select the correct answer-
aBoth (A) and (R) are true and (R) is the correct explanation of (A)
bBoth (A) and (R) are true but (R) is not the correct explanation of (A)
c(A) is true but (R) is false
d(A) is false but (R) is true
Answer: A
Carlill v. Carbolic Smoke Ball Co. (1893) established that a general offer to the public is valid and is accepted by any person who, knowing of it, performs the stipulated conditions.
Under Section 56 of the Indian Contract Act, 1872, a contract to do an act which, after the contract is made, becomes impossible or unlawful by reason of an event the promisor could not prevent, becomes-
aillegal from its inception
bvoidable at the option of the promisee
cvoid when the act becomes impossible or unlawful
dvalid but subject to compensation
Answer: C
The second paragraph of Section 56 provides that a contract to do an act which afterwards becomes impossible or unlawful becomes void when the act becomes impossible or unlawful (doctrine of frustration).
The case Satyabrata Ghose v. Mugneeram Bangur & Co. is a leading Indian authority on-
athe doctrine of frustration under Section 56
bprivity of contract
cundue influence under Section 16
dthe rule against penalty under Section 74
Answer: A
In Satyabrata Ghose v. Mugneeram Bangur & Co. (AIR 1954 SC 44), the Supreme Court explained that 'impossible' in Section 56 is used in a practical sense and that frustration applies only when the foundation of the contract is destroyed.
A husband promises, while leaving for abroad, to pay his wife a monthly allowance during their separation; the parties were on amicable terms. On these facts, applying Balfour v. Balfour, the promise is-
aan enforceable contract because consideration is present
benforceable only if reduced to writing and registered
cnot enforceable, for want of intention to create legal relations
dvoidable at the option of the wife
Answer: C
In Balfour v. Balfour (1919), it was held that domestic arrangements between spouses living amicably are presumed not to be intended to create legal relations, and hence are not enforceable contracts.
Which of the following correctly states the requirement of Section 53A (doctrine of part performance) of the Transfer of Property Act, 1882?
aIt requires a written contract for transfer of immovable property for consideration, the transferee having taken possession and being willing to perform his part
bIt applies to oral contracts for transfer of immovable property
cIt applies equally to movable and immovable property
dIt confers a right to sue for specific performance against third parties
Answer: A
Section 53A requires a contract in writing signed by the transferor for transfer of immovable property for consideration, possession taken (or continued) by the transferee in part performance, and the transferee's readiness and willingness; it operates only as a shield (defence), not a sword.
A mortgage in which the mortgagor binds himself to repay the mortgage-money on a certain date and transfers the property absolutely to the mortgagee, subject to a proviso that the mortgagee will re-transfer it on payment, is known as:
aan anomalous mortgage
ba usufructuary mortgage
can English mortgage
da mortgage by conditional sale
Answer: C
Section 58(f) defines the English mortgage: a personal covenant to repay on a fixed date coupled with an absolute transfer of the property subject to a proviso for re-transfer on payment.
In a mortgage by conditional sale under Section 58(c) of the Transfer of Property Act, 1882, the condition relating to the ostensible sale becoming absolute on default must be:
acontained in a separate registered agreement
bcommunicated orally to the mortgagor before execution
cembodied in the same document which effects or purports to effect the sale
dregistered within four months of the sale
Answer: C
The proviso to Section 58(c) requires that no transaction shall be deemed a mortgage by conditional sale unless the condition is embodied in the document which effects or purports to effect the sale; otherwise it is an out-and-out sale.
A stipulation in a mortgage deed that prevents or impedes the mortgagor from redeeming the property after the mortgage-money has become due is, under the law relating to Section 60:
avoid as a clog on the equity of redemption
bbinding as a freely negotiated term
cenforceable against the mortgagor's heirs alone
dvalid only if registered
Answer: A
Section 60 confers the statutory right of redemption on the mortgagor, which is inseparable from the mortgage. Any term that fetters this right is struck down under the equitable rule 'once a mortgage always a mortgage' as a clog on the equity of redemption.
Where a person professes to transfer property which he has no right to transfer, and as part of the same transaction confers a benefit on the owner of the property, that owner must elect either to confirm the transfer or to dissent from it. This doctrine of election is embodied in:
aSection 25
bSection 41
cSection 51
dSection 35
Answer: D
Section 35 codifies the equitable doctrine of election: a person taking a benefit under an instrument must adopt the whole of it and cannot accept the benefit while rejecting the burden; he must choose between the two inconsistent rights.
Under Section 25 of the Transfer of Property Act, 1882, an interest created on a transfer of property and dependent upon a condition fails if the fulfilment of the condition is:
apostponed beyond one year from the transfer
bsubject to the consent of a third party
cimpossible, forbidden by law, fraudulent, immoral or opposed to public policy
dmerely inconvenient to the transferee
Answer: C
Section 25 (conditional transfer) provides that an interest dependent on a condition fails where the condition is impossible, forbidden by law, defeats the provisions of any law, is fraudulent, involves injury to person or property of another, or is regarded by the court as immoral or opposed to public policy.
In the absence of a contract, local law or usage to the contrary, a lease of immovable property for agricultural or manufacturing purposes is, under Section 106 of the Transfer of Property Act, 1882, deemed to be a lease:
ain perpetuity
bfrom year to year, terminable on the part of either lessor or lessee by six months' notice
cfrom month to month, terminable by 15 days' notice
dfor a fixed term of eleven months
Answer: B
Section 106 presumes that a lease for agricultural or manufacturing purposes is a lease from year to year, terminable by six months' notice, while a lease for any other purpose is presumed month to month, terminable by fifteen days' notice.
Under Section 108 of the Transfer of Property Act, 1882, in the absence of a contract to the contrary, if a material part of the leased property is wholly destroyed by fire, tempest or flood and rendered substantially unfit for the purpose for which it was let, the lease:
astands automatically terminated
bcontinues and the lessee must pay full rent
cbecomes voidable at the option of the lessor only
dbecomes voidable at the option of the lessee
Answer: D
Under clause (e) of Section 108(B), if any material part of the property is destroyed or rendered substantially and permanently unfit by an irresistible force not due to the lessee's wrong, the lease is, at the option of the lessee, void.
Under Section 123 of the Transfer of Property Act, 1882, a gift of immovable property is effected:
aby mere acceptance of the donee during the lifetime of the donor
bby an oral declaration before two witnesses
cby delivery of possession only
dby a registered instrument signed by or on behalf of the donor and attested by at least two witnesses
Answer: D
Section 123 requires that a gift of immovable property be made by a registered instrument signed by or on behalf of the donor and attested by at least two witnesses; for movable property a gift may be made either by registered instrument or by delivery.
Under Section 5 of the Transfer of Property Act, 1882, the expression "transfer of property" means an act by which a living person conveys property, in present or in future, to one or more other living persons, or to himself. In this context, the word "living person" includes-
aonly a natural human being and not a company
ba deceased person whose estate is under administration
conly an incorporated company and not an unincorporated association
da company, an association or body of individuals, whether incorporated or not
Answer: D
Section 5 expressly provides that "living person" includes a company or association or body of individuals, whether incorporated or not, in addition to a natural person.
Which one of the following is NOT among the kinds of mortgage enumerated under Section 58 of the Transfer of Property Act, 1882?
aAnomalous mortgage
bUsufructuary mortgage
cEquitable mortgage by oral declaration without deposit of title-deeds
dMortgage by conditional sale
Answer: C
Section 58 lists simple, conditional-sale, usufructuary, English, mortgage by deposit of title-deeds and anomalous mortgages; a mere oral declaration without deposit of title-deeds is not a recognised kind of mortgage.
In a usufructuary mortgage as defined under Section 58(d) of the Transfer of Property Act, 1882, the mortgagee-
amay bring the property to sale on default without taking possession
bretains possession and appropriates rents and profits in lieu of interest or in payment of mortgage-money
cbecomes absolute owner if the money is not paid by the fixed date
dis bound personally by the mortgagor to repay and may sue for the money
Answer: B
Under Section 58(d), the mortgagor delivers possession to the mortgagee, who retains it and appropriates the rents and profits towards interest or principal; there is no personal covenant to pay or power of sale.
According to Section 14 of the Transfer of Property Act, 1882 (rule against perpetuity), no transfer can create an interest which is to take effect after the lifetime of one or more persons living at the date of transfer and-
athe minority of some person who shall be in existence at the expiration of that period and to whom the interest is to belong
ba further fixed period of twenty-one years in all cases
ca further period of eighteen years computed from the date of transfer
dthe lifetime of the transferor only
Answer: A
Section 14 permits postponement up to the lifetime of living persons plus the minority of a person in existence at the expiration of that period to whom the interest is to belong.
The leading decision in Jumma Masjid, Mercara v. Kodimaniandra Deviah (AIR 1962 SC 847) is concerned with the relationship between which two provisions of the Transfer of Property Act, 1882?
aSection 6(a) (spes successionis) and Section 43 (transfer by unauthorised person who subsequently acquires interest)
bSection 41 (ostensible owner) and Section 52 (lis pendens)
cSection 14 (perpetuity) and Section 18 (transfer for public benefit)
dSection 53A (part performance) and Section 54 (sale)
Answer: A
In Jumma Masjid the Supreme Court held that Section 43 (feeding the grant by estoppel) operates even where the transferor had only a spes successionis barred under Section 6(a), as the two provisions occupy different spheres.
A person not already in the service of the Union or of the State is eligible to be appointed a district judge under Article 233(2) only if he has been an advocate or a pleader for not less than -
aseven years
bten years
cfive years
dthree years
Answer: A
Article 233(2) requires that such a person must have been an advocate or pleader for not less than seven years and must be recommended by the High Court for appointment.
The control over district courts and courts subordinate thereto, including the posting, promotion and grant of leave to persons belonging to the judicial service of a State and holding any post inferior to that of district judge, is vested in -
athe District Judge concerned
bthe Governor of the State
cthe State Government
dthe High Court
Answer: D
Article 235 vests in the High Court the control over district courts and courts subordinate thereto, including posting, promotion and grant of leave to members of the State judicial service holding posts inferior to district judge.
The phrase 'for any other purpose', which makes the writ jurisdiction of the High Court wider than that of the Supreme Court, appears in -
aArticle 136
bArticle 32
cArticle 142
dArticle 226
Answer: D
Article 226 empowers a High Court to issue writs for the enforcement of fundamental rights 'and for any other purpose'; these latter words, absent from Article 32, give the High Court wider writ jurisdiction.
Parliament may by law provide for the creation of an All India Judicial Service only if -
aat least one-half of the State Legislatures ratify the proposal
bthe Council of States declares by resolution supported by not less than two-thirds of the members present and voting that it is necessary in the national interest
cthe President issues a proclamation to that effect
dthe Lok Sabha passes a resolution by a simple majority
Answer: B
Article 312(1) requires the Council of States (Rajya Sabha) to declare, by resolution supported by not less than two-thirds of the members present and voting, that creation of an All India Service (including an All India Judicial Service) is necessary or expedient in the national interest.
A Judge of the Supreme Court of India holds office until he attains the age of -
aseventy years
bsixty years
csixty-two years
dsixty-five years
Answer: D
Under Article 124(2), a Judge of the Supreme Court holds office until he attains the age of sixty-five years; a High Court Judge retires at sixty-two under Article 217.
The doctrine of 'basic structure' of the Constitution, holding that Parliament's amending power under Article 368 cannot be used to alter the basic framework of the Constitution, was propounded in -
aMinerva Mills v. Union of India
bKesavananda Bharati v. State of Kerala
cIndira Nehru Gandhi v. Raj Narain
dGolak Nath v. State of Punjab
Answer: B
In Kesavananda Bharati v. State of Kerala (1973), a 13-Judge Bench held by a 7-6 majority that Article 368 does not empower Parliament to alter the basic structure of the Constitution.
Kesavananda Bharati v. State of Kerala (1973) was decided by a Bench consisting of -
anine Judges
bthirteen Judges
cseven Judges
deleven Judges
Answer: B
The case was decided by the largest-ever Bench of the Supreme Court, comprising thirteen Judges, which ruled 7-6 in favour of the basic structure doctrine.
cEstablishment of All India Judicial Service - Article 236
dPower of High Court to issue writs - Article 226
Answer: D
Article 226 confers on High Courts the power to issue writs. Appointment of district judges is Article 233, control over subordinate courts is Article 235, and the All India Judicial Service is dealt with under Article 312.
Assertion (A): The right to move the High Court under Article 226 cannot be suspended during a national emergency in the same manner as the right under Article 32.
Reason (R): Article 226 is a constitutional right and not itself a fundamental right contained in Part III.
Select the correct answer using the code given below:
aBoth (A) and (R) are true but (R) is not the correct explanation of (A)
bBoth (A) and (R) are true and (R) is the correct explanation of (A)
c(A) is true, but (R) is false
d(A) is false, but (R) is true
Answer: B
The right under Article 32 may be suspended through a Presidential order under Article 359, whereas Article 226 is a constitutional remedy outside Part III; hence (R) correctly explains why (A) holds.
Which of the following writs is issued by a court to a public official directing him to perform a public or statutory duty which he has failed to perform?
aProhibition
bCertiorari
cQuo warranto
dMandamus
Answer: D
Mandamus ('we command') is issued to a public authority directing it to perform a public or statutory duty that it has refused or failed to discharge.
The decisions of a High Court rendered in exercise of its writ jurisdiction under Article 226 are binding -
aonly on the parties and on no court
bon all courts throughout the territory of India
conly on courts within the territorial jurisdiction of that High Court
don the Supreme Court of India
Answer: C
Unlike decisions of the Supreme Court under Article 141, which bind all courts in India, decisions of a High Court are binding only on courts situated within its territorial jurisdiction.
Match List-I (Jurist) with List-II (School/Theory) and select the correct code:
List-I: A. Savigny B. Jeremy Bentham C. Rudolf von Ihering D. Thomas Aquinas
List-II: 1. Utilitarianism 2. Volksgeist (Historical School) 3. Natural Law 4. Jurisprudence of Interests / Social purpose
aA-3, B-1, C-4, D-2
bA-2, B-4, C-1, D-3
cA-2, B-1, C-4, D-3
dA-1, B-2, C-3, D-4
Answer: C
Savigny gave the Volksgeist (spirit of the people) idea of the Historical School; Bentham was a utilitarian; Ihering emphasised purpose and social interests; Aquinas is the classic natural-law theorist.
The view that a judge does not 'make' law but only 'discovers' or 'declares' the pre-existing law is known as the:
aRealist theory of law
bDeclaratory theory of precedent
cTheory of social solidarity
dImperative theory of law
Answer: B
The declaratory theory of precedent, classically associated with Blackstone, holds that judges merely declare or discover existing law rather than create new law.
In the doctrine of precedent, the binding part of a decision which constitutes authority for future cases is the:
aRatio decidendi
bObiter dicta
cPer incuriam observation
dDecree
Answer: A
The ratio decidendi — the legal principle on which the decision is based — is the binding part of a judgment, whereas obiter dicta are persuasive only.
Ronald Dworkin, in his critique of legal positivism, argued that legal reasoning is governed not merely by rules but also by:
aPrinciples and policies
bThe Grundnorm
cThe command of the sovereign alone
dThe Volksgeist
Answer: A
Dworkin, in 'Taking Rights Seriously', argued that besides rules, law contains principles and policies which judges must weigh, rejecting Hart's rule-of-recognition model.
The American Realist school of jurisprudence, which emphasised the study of "law in action" and the behaviour of courts, was prominently associated with the maxim that law is "prophecies of what the courts will do in fact." This maxim is attributed to:
aJohn Chipman Gray
bOliver Wendell Holmes Jr.
cJerome Frank
dKarl Llewellyn
Answer: B
Justice Oliver Wendell Holmes Jr., in 'The Path of the Law' (1897), described law as "prophecies of what the courts will do in fact," a foundational statement of American Legal Realism.
Identify the correct statement regarding kinds of legal rights:
aA right in personam is enforceable against the whole world
bA vested right is one that depends on the happening of an uncertain future event
cA perfect right is one that is recognised but not enforceable by law
dAn imperfect right is recognised by law but not enforceable through legal proceedings, e.g. a time-barred debt
Answer: D
An imperfect right is recognised but not directly enforceable by action (such as a debt barred by limitation); a perfect right is both recognised and enforceable, and a contingent right depends on an uncertain future event.
According to John Austin's command theory, which one of the following is NOT an essential element of 'positive law' (law properly so called)?
aConformity of the command with principles of natural justice
bA sanction in case of disobedience
cA duty imposed upon the person commanded
dA command issued by a determinate sovereign
Answer: A
For Austin, law is the command of a sovereign backed by a sanction creating a duty; he expressly separated the existence of law from its merit, so moral or natural-justice conformity is not a defining element.
In Hans Kelsen's 'Pure Theory of Law', the term 'Grundnorm' denotes-
aThe first written constitution of a State
bA command of the sovereign backed by a sanction
cThe basic presupposed norm from which all other norms derive their validity
dA rule recognised by the officials of a legal system
Answer: C
Kelsen's Grundnorm is the hypothetical, presupposed basic norm standing at the apex of the hierarchy of norms, from which the validity of every lower norm is derived.
In H.L.A. Hart's 'The Concept of Law', the union of which two sets of rules constitutes the 'heart' of a legal system?
aMoral rules and legal rules
bCustomary rules and statutory rules
cRules of adjudication and rules of recognition
dPrimary rules of obligation and secondary rules
Answer: D
Hart described law as the union of primary rules (which impose duties) and secondary rules (rules of recognition, change and adjudication), the latter curing the defects of a regime of primary rules alone.
According to Salmond, possession in fact (corporeal possession) requires the union of two elements. The mental element-the intention to exclude others-is known as-
aAnimus possidendi
bDetentio
cCorpus possessionis
dAnimus domini
Answer: A
Salmond held that possession is the continuing exercise of a claim to exclusive use, made up of the physical element (corpus possessionis) and the mental element of intention to exclude others (animus possidendi).
Sir Henry Maine, in 'Ancient Law', traced the development of law through stages. The earliest stage, in which the king delivered isolated divinely-inspired judgments, is described by the term-
aEquity
bThemistes
cCustomary law
dCodes
Answer: B
Maine's first stage consists of 'Themistes'-isolated judgments believed to be divinely dictated to the king-which precede the crystallisation of custom, the rule of priestly oligarchies, and finally codification.
Which of the following correctly distinguishes Section 117 from Section 118 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA)?
aSection 117 raises a mandatory presumption while Section 118 raises a discretionary presumption
bSection 117 is a discretionary presumption ('may presume') as to abetment of suicide, while Section 118 is a mandatory presumption ('shall presume') as to dowry death
cBoth sections raise mandatory presumptions of dowry death
dSection 117 relates to dowry death and Section 118 relates to abetment of suicide
Answer: B
Section 117 BSA (formerly Section 113A IEA) uses 'may presume' (discretionary) for abetment of suicide by a married woman within seven years of marriage where cruelty is shown, whereas Section 118 BSA (formerly Section 113B IEA) uses 'shall presume' (mandatory) for dowry death where cruelty/harassment for dowry soon before death is shown.
In a prosecution for rape under specified aggravated clauses, where sexual intercourse is proved and the victim states in her evidence that she did not consent, Section 120 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA) directs that the Court:
aShall draw no presumption either way
bMay presume the absence of consent
cShall presume the absence of consent
dShall presume the presence of consent
Answer: C
Section 120 BSA (formerly Section 114A IEA) mandates that where intercourse is proved and the woman deposes in her evidence that she did not consent, the Court 'shall presume' the absence of consent in the enumerated aggravated forms of rape; the presumption is rebuttable but mandatory in its initial operation.
Where a document purporting to be thirty years old is produced from proper custody, Section 92 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA) permits the Court to:
aPresume only the date of the document but not its execution
bConclusively presume that it is genuine and binding
cPresume that the signature and every part of it is in the handwriting of the person purporting to have written it, and that it was duly executed and attested
dReject it unless the executant is examined
Answer: C
Section 92 BSA (formerly Section 90 IEA) allows the Court to presume, for a document thirty years old produced from proper custody, that the signature and writing are genuine and that it was duly executed and attested, thereby dispensing with formal proof of execution; the presumption is discretionary ('may presume').
Under the scheme of Sections 104 to 109 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA), the burden of proving that a case falls within any of the General Exceptions in the penal law lies on the accused by virtue of:
aSection 109
bSection 105
cSection 104
dSection 108
Answer: D
Section 108 BSA (formerly Section 105 IEA) places on the accused the burden of proving the existence of circumstances bringing his case within any General Exception (e.g., private defence, insanity), and the Court presumes the absence of such circumstances; Section 109 BSA deals with facts especially within a person's knowledge.
When any fact is especially within the knowledge of any person, the burden of proving that fact is upon him. This rule is contained in which section of the Bharatiya Sakshya Adhiniyam, 2023 (BSA)?
aSection 109
bSection 107
cSection 106
dSection 111
Answer: A
Section 109 BSA (formerly Section 106 IEA) provides that when a fact is especially within the knowledge of a person, the burden of proving it lies on him; it is an exception to the general rule in Section 104 BSA and does not relieve the prosecution of proving its case.
The doctrine of estoppel, under which a person who by his declaration, act or omission has caused another to believe a thing to be true and to act upon it cannot deny its truth, is embodied in which section of the Bharatiya Sakshya Adhiniyam, 2023 (BSA)?
aSection 121
bSection 123
cSection 122
dSection 119
Answer: A
Section 121 of the BSA enacts the rule of estoppel by representation (corresponding to the old Section 115 IEA). Section 122 deals with estoppel of tenant and licensee, and Section 123 with estoppel of an acceptor of a bill of exchange, bailee and licensee.
An accomplice is a competent witness against an accused, and the court may convict upon his testimony though it is uncorroborated only as a matter of caution requiring corroboration. The rule of prudence that the court may presume an accomplice unworthy of credit unless corroborated in material particulars is the combined effect of Section 138 and which illustration/provision of the Bharatiya Sakshya Adhiniyam, 2023 (BSA)?
aIllustration (b) to Section 119
bIllustration (a) to Section 119
cSection 124
dSection 137
Answer: A
Section 138 of the BSA declares an accomplice a competent witness and (as enacted) provides that a conviction is not illegal merely because it proceeds upon the corroborated testimony of an accomplice, while Illustration (b) to Section 119 lets the Court presume an accomplice unworthy of credit unless corroborated. Read together they establish the rule of prudence requiring corroboration.
Which section of the Bharatiya Sakshya Adhiniyam, 2023 (BSA) lays down that no particular number of witnesses shall in any case be required for the proof of any fact?
aSection 142
bSection 143
cSection 139
dSection 140
Answer: C
Section 139 of the BSA enacts that no particular number of witnesses is required to prove any fact, recognising that evidence is weighed, not counted. The testimony of a single reliable witness may sustain a conviction.
Under Section 23(2) of the Bharatiya Sakshya Adhiniyam, 2023 (BSA), when a fact is deposed to as discovered in consequence of information received from an accused in police custody, how much of that information may be proved?
aSo much of the information as relates distinctly to the fact thereby discovered
bNone of the information, since it was given to a police officer
cThe whole of the information given by the accused
dOnly that part which amounts to a confession of guilt
Answer: A
The proviso to Section 23(2) of the Bharatiya Sakshya Adhiniyam, 2023 permits proof of only so much of the information, whether it amounts to a confession or not, as relates distinctly to the fact thereby discovered. It is an exception to the bar on confessions to the police and in police custody contained in Section 23(1) and (2) BSA.
Section 23(1) of the Bharatiya Sakshya Adhiniyam, 2023 (BSA) provides that:
aNo confession made to a police officer shall be proved as against a person accused of any offence
bEvery confession in police custody is admissible if corroborated
cA confession to a police officer is admissible only in the trial of the maker
dA confession made to a Magistrate is inadmissible
Answer: A
Section 23(1) of the Bharatiya Sakshya Adhiniyam, 2023 lays down an absolute bar: no confession made to a police officer shall be proved against a person accused of any offence, regardless of whether the maker was in custody at the time.
A statement made by a person as to the cause of his death or as to any of the circumstances of the transaction which resulted in his death is relevant under which provision of the Bharatiya Sakshya Adhiniyam, 2023 (BSA)?
aSection 26(a)
bSection 25
cSection 24
dSection 27
Answer: A
Section 26(a) of the Bharatiya Sakshya Adhiniyam, 2023 makes such statements relevant, and they are admissible whether or not the maker was under expectation of death and whatever be the nature of the proceeding in which the cause of death comes into question.
In Pakala Narayana Swami v. King Emperor (AIR 1939 PC 47), the Privy Council held that a dying declaration under what is now Section 26(a) of the Bharatiya Sakshya Adhiniyam, 2023 (BSA):
aIs admissible only if the deceased was under expectation of death when making it
bIs admissible only in trials for murder
cMust always be recorded by a Magistrate to be admissible
dMay be made even before the cause of death has arisen and need not be made under expectation of death
Answer: D
The Privy Council held that statements as to the circumstances of the transaction resulting in death are admissible even though the maker was not under expectation of death and may be made before the cause of death has arisen; this principle is carried into Section 26(a) of the Bharatiya Sakshya Adhiniyam, 2023.
Under Section 108 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA), when a person accused of an offence claims the benefit of a General Exception in the penal law:
aThe Court must presume the existence of the exception in favour of the accused
bThe burden of proving the existence of such circumstances is on the accused, and the Court shall presume their absence
cThe prosecution must prove the absence of the exception beyond reasonable doubt
dNo burden lies on either party until the trial concludes
Answer: B
Section 108 of the Bharatiya Sakshya Adhiniyam, 2023 places the burden of proving circumstances bringing the case within a General Exception on the accused, and directs the Court to presume the absence of such circumstances.
Under Section 39(1) of the Bharatiya Sakshya Adhiniyam, 2023 (BSA), the opinion of an expert is NOT relevant on a question of:
aIdentity of finger impressions
bIdentity of handwriting
cThe credibility of an eyewitness
dForeign law
Answer: C
Section 39(1) of the Bharatiya Sakshya Adhiniyam, 2023 makes expert opinion relevant on points of foreign law, science or art, and identity of handwriting or finger impressions. The credibility of a witness is a matter for the Court, not for expert opinion.
The presumption that a document thirty years old produced from proper custody was duly executed and attested is contained in which section of the Bharatiya Sakshya Adhiniyam, 2023 (BSA)?
aSection 92
bSection 91
cSection 80
dSection 119
Answer: A
Section 92 of the Bharatiya Sakshya Adhiniyam, 2023 empowers the Court to presume that the signature, handwriting, execution and attestation of a thirty-year-old document produced from proper custody are genuine.
For the presumption under Section 92 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA) to apply, the document must be:
aThirty years old and produced from any custody the Court considers proper
bOf any age, provided it is duly stamped
cThirty years old and produced only from the custody of a public officer
dTwenty years old and registered
Answer: A
Section 92 of the Bharatiya Sakshya Adhiniyam, 2023 requires the document to be thirty years old and produced from custody which the Court in the particular case considers proper; custody is proper where the document would naturally be or has a legitimate origin.
Under Section 138 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA), a conviction based upon the uncorroborated testimony of an accomplice is:
aLegal only in cases triable by a Court of Session
bNot illegal merely because it proceeds upon such uncorroborated testimony
cLegal only if the accomplice is granted pardon
dAlways illegal
Answer: D
As enacted, Section 138 of the Bharatiya Sakshya Adhiniyam, 2023 declares an accomplice a competent witness and provides that 'a conviction is not illegal merely because it proceeds upon the corroborated testimony of an accomplice'. The BSA deliberately substituted 'corroborated' for the word 'uncorroborated' used in the former Section 133 of the Indian Evidence Act, 1872. Consequently, on the enacted text, a conviction resting upon the UNcorroborated testimony of an accomplice is not protected by Section 138 and is illegal; the protection extends only to corroborated accomplice testimony, read with the rule of caution in Illustration (b) to Section 119 BSA.
The rule that the Court may presume that an accomplice is unworthy of credit unless he is corroborated in material particulars is found in:
aSection 138 of the Bharatiya Sakshya Adhiniyam, 2023
bIllustration (b) to Section 119 of the Bharatiya Sakshya Adhiniyam, 2023
cIllustration (g) to Section 119 of the Bharatiya Sakshya Adhiniyam, 2023
dSection 124 of the Bharatiya Sakshya Adhiniyam, 2023
Answer: B
Section 138 of the Bharatiya Sakshya Adhiniyam, 2023 makes an accomplice a competent witness, while Illustration (b) to Section 119 allows the Court to presume that an accomplice is unworthy of credit unless corroborated in material particulars. The two read together establish the rule of prudence.
The leading case Salem Advocate Bar Association, Tamil Nadu v. Union of India (2005) is principally associated with which provision of the Code of Civil Procedure, 1908?
aReference of disputes to alternative dispute resolution under Section 89
bConstructive res judicata under Section 11
cPower of revision under Section 115
dInherent powers under Section 151
Answer: A
In Salem Advocate Bar Association v. Union of India (AIR 2005 SC 3353) the Supreme Court upheld the CPC amendments and laid down the framework for reference of disputes to ADR under Section 89 read with Order X Rule 1A.
Under the Code of Civil Procedure, 1908, the power of the High Court to transfer any suit, appeal or other proceeding from one court subordinate to it to another such court is provided under -
aSection 25
bSection 24
cSection 22
dSection 23
Answer: B
Section 24 CPC empowers the High Court or the District Court, on application or suo motu, to transfer and withdraw any suit, appeal or other proceeding from one subordinate court to another competent court; Section 25 deals with the Supreme Court's inter-State transfer power.
Under the proviso to Order VI Rule 17 of the Code of Civil Procedure, 1908, an application for amendment of pleadings after the commencement of trial shall not be allowed unless the court concludes that -
aThe amendment is accompanied by payment of costs
bIn spite of due diligence the party could not have raised the matter before the trial commenced
cThe amendment relates only to a clerical or arithmetical error
dThe opposite party has consented to the amendment
Answer: B
The proviso to Order VI Rule 17 (inserted by the 2002 amendment) bars amendment after the commencement of trial unless the court concludes that, in spite of due diligence, the party could not have raised the matter before trial began.
All questions arising between the parties to the suit in which the decree was passed, and relating to the execution, discharge or satisfaction of the decree, are to be determined by the executing court and not by a separate suit, under which Section of the Code of Civil Procedure, 1908?
aSection 47
bSection 51
cSection 38
dSection 60
Answer: A
Section 47 CPC requires that all questions relating to the execution, discharge or satisfaction of the decree between the parties be determined by the executing court itself, and no separate suit lies for such questions.
The landmark decision in Daryao v. State of Uttar Pradesh (1961) is significant for holding that the principle underlying which provision of the Code of Civil Procedure, 1908 applies to writ petitions under Articles 32 and 226 of the Constitution?
aSection 11 (res judicata)
bSection 80 (notice to Government)
cSection 151 (inherent powers)
dSection 9 (jurisdiction of civil courts)
Answer: A
In Daryao v. State of U.P. the Supreme Court held that the general principle of res judicata embodied in Section 11 CPC is founded on public policy and applies to writ petitions, barring re-agitation of issues already finally decided on merits.
Which one of the following pairs relating to the Code of Civil Procedure, 1908 is NOT correctly matched?
aAppeals from original decrees - Order XLI
bTemporary injunctions - Order XXXIX
cWritten statement, set-off and counter-claim - Order VII
dExecution of decrees - Order XXI
Answer: C
Written statement, set-off and counter-claim are dealt with in Order VIII CPC; Order VII concerns the plaint. The other three pairings are correct (Order XXXIX injunctions, Order XLI first appeals, Order XXI execution).
Assertion (A): Under the Code of Civil Procedure, 1908, a suit against the Government cannot ordinarily be instituted without prior notice. Reason (R): Section 80 CPC requires delivery of a written notice and expiry of the statutory period before such a suit is instituted, and a plaint that does not show such notice is liable to be rejected. Select the correct answer:
aBoth (A) and (R) are true and (R) is the correct explanation of (A)
bBoth (A) and (R) are true but (R) is not the correct explanation of (A)
c(A) is true but (R) is false
d(A) is false but (R) is true
Answer: A
Section 80 CPC mandates prior written notice for suits against the Government or a public officer, and Order VII Rule 11 permits rejection of a plaint barred by such a law; hence (R) correctly explains (A).
Under Section 9 of the Code of Civil Procedure, 1908, the courts shall have jurisdiction to try all suits of a civil nature except suits of which their cognizance is:
aexpressly barred only
beither expressly or impliedly barred
cimpliedly barred only
dbarred by the High Court Rules alone
Answer: B
Section 9 confers jurisdiction on civil courts over all suits of a civil nature unless their cognizance is either expressly barred (by statute) or impliedly barred (by general principles of law).
The doctrine of res judicata under the Code of Civil Procedure, 1908 is contained in:
aSection 12
bSection 11
cSection 10
dSection 13
Answer: B
Section 11 embodies res judicata, barring a court from trying a suit or issue already directly and substantially in issue and finally decided between the same parties in a former suit. Section 10 deals with res sub judice (stay of suit).
A second appeal to the High Court under Section 100 of the Code of Civil Procedure, 1908 lies only where the case involves:
aany error apparent on the face of the record
ba substantial question of law
ca mixed question of fact and law
da question of fact
Answer: B
After the 1976 amendment, Section 100 permits a second appeal only where the High Court is satisfied that the case involves a substantial question of law, which must be formulated by the Court.
Which provision of the Code of Civil Procedure, 1908 bars a further appeal (such as a Letters Patent Appeal) where an appeal has already been decided by a single Judge of a High Court?
aSection 96
bSection 100A
cSection 104
dSection 100
Answer: B
Section 100A, inserted by the 2002 amendment, provides that no further appeal shall lie from the judgment and decree of a single Judge of a High Court deciding an appeal, thereby abolishing the Letters Patent Appeal in such cases.
The revisional jurisdiction of the High Court under Section 115 of the Code of Civil Procedure, 1908 can be exercised only where the subordinate court has:
aexercised a jurisdiction not vested in it, failed to exercise vested jurisdiction, or acted with material irregularity in exercising jurisdiction
brefused to grant a temporary injunction
cpassed an erroneous decree on merits
dcommitted an error of fact
Answer: A
Section 115 confines revision to jurisdictional errors: where the subordinate court has exercised jurisdiction not vested in it, failed to exercise its jurisdiction, or acted illegally or with material irregularity in exercise of jurisdiction.
The doctrine of restitution, empowering a court to place parties in the position they would have occupied but for an erroneous decree later varied or reversed, is provided under:
aSection 114 of the CPC
bSection 148A of the CPC
cSection 144 of the CPC
dSection 151 of the CPC
Answer: C
Section 144 codifies the doctrine of restitution; on variation or reversal of a decree, the court of first instance shall cause restitution to restore parties to their former position.
A caveat lodged under Section 148A of the Code of Civil Procedure, 1908 shall not remain in force after the expiry of:
a60 days from the date on which it was lodged
b120 days from the date on which it was lodged
c90 days from the date on which it was lodged
d30 days from the date on which it was lodged
Answer: C
Under Section 148A(5), a caveat shall not remain in force after the expiry of ninety days from the date on which it was lodged, unless an application referred to in the section has already been made before that period expired.
In Kailash v. Nanhku (2005), the Supreme Court held that the time limit of ninety days for filing a written statement prescribed under Order 8 Rule 1 of the Code of Civil Procedure, 1908 is:
amandatory and inviolable
bapplicable only to commercial suits
ca complete bar after thirty days
ddirectory, and the court may, for reasons recorded, permit filing beyond ninety days
Answer: D
In Kailash v. Nanhku, (2005) 4 SCC 480, the Court held that the ninety-day limit in Order 8 Rule 1 is directory, not mandatory, and in exceptionally hard cases the court may allow a written statement to be filed beyond that period for reasons recorded in writing.
Section 89 of the Code of Civil Procedure, 1908 empowers the court to refer a dispute for settlement through which of the following modes?
aConciliation and prosecution only
bReference to the High Court alone
cArbitration, conciliation, judicial settlement including Lok Adalat, or mediation
dArbitration and litigation only
Answer: C
Section 89, as construed in Afcons Infrastructure Ltd. v. Cherian Varkey Construction Co. (2010) 8 SCC 24, permits reference to arbitration, conciliation, judicial settlement (including through a Lok Adalat), or mediation where elements of a settlement exist.
In Afcons Infrastructure Ltd. v. Cherian Varkey Construction Co. (2010), regarding reference under Section 89 of the Code of Civil Procedure, 1908, the Supreme Court held that consent of both parties is essential only for reference to:
aall four modes equally
bmediation and Lok Adalat
cjudicial settlement and mediation
darbitration and conciliation
Answer: D
The Court clarified that arbitration and conciliation, being governed by the Arbitration and Conciliation Act, 1996, require mutual consent of the parties, whereas the court may refer parties to mediation, judicial settlement, or Lok Adalat even without such consent.
No suit shall be instituted against the Government or a public officer in respect of an act purporting to be done in his official capacity until the expiry of how many months after a notice in writing has been delivered, under Section 80 of the Code of Civil Procedure, 1908?
aOne month
bThree months
cTwo months
dSix months
Answer: C
Section 80(1) requires a written notice stating the cause of action and particulars of the plaintiff, and bars institution of the suit until the expiry of two months after delivery of such notice.
Under the Bharatiya Nyaya Sanhita, 2023, the offences of criminal breach of trust which were spread across Sections 405 to 409 of the old IPC have been consolidated, and the maximum ordinary imprisonment for criminal breach of trust now stands at:
aThree years (as before)
bFive years
cTen years
dSeven years
Answer: B
Section 316 BNS consolidates criminal breach of trust and enhances the ordinary maximum punishment from three years (under old IPC s.406) to five years and fine.
Under the Bharatiya Nyaya Sanhita, 2023, the offence of cheating, which earlier appeared as separate sections (417, 418 and 420 IPC), is now contained in a single provision at:
aSection 303
bSection 318
cSection 316
dSection 336
Answer: B
Section 318 BNS consolidates cheating, including cheating and dishonestly inducing delivery of property; the various IPC grades (417/418/420) are now sub-clauses of one section.
'A' is entrusted by 'B' with engraved blocks meant for printing B's trade catalogue. 'A' uses the very same blocks to print a catalogue for B's rival firm. Under the Bharatiya Nyaya Sanhita, 2023, A is most appropriately guilty of:
aCheating (Section 318)
bCriminal breach of trust (Section 316)
cTheft (Section 303)
dCriminal misappropriation (Section 314)
Answer: B
The property was lawfully entrusted to A, who then dishonestly used it in violation of the direction of use; this is criminal breach of trust under Section 316 BNS.
Under the Bharatiya Nyaya Sanhita, 2023, the offence of defamation, for which community service may be imposed as one form of punishment, is provided in:
aSection 79
bSection 351
cSection 354
dSection 356
Answer: D
Section 356 BNS deals with defamation and, notably, allows community service among the punishments for the substantive offence of defamation.
The offence of abetment of suicide (corresponding to Section 306 of the old IPC) is contained in the Bharatiya Nyaya Sanhita, 2023 in:
aSection 110
bSection 109
cSection 108
dSection 106
Answer: C
Section 108 BNS punishes abetment of suicide with imprisonment up to ten years and fine; the related offence of attempt to murder appears in the following Section 109.
Under the Bharatiya Nyaya Sanhita, 2023, where five or more persons acting in concert commit murder on the ground of race, caste, community, sex, place of birth, language or personal belief, the minimum sentence each member may receive, in the alternative to death or life imprisonment, is imprisonment for not less than:
aTen years
bThree years
cSeven years
dFive years
Answer: C
The second part of Section 103 BNS provides that for such group ('mob lynching' type) murders each member shall be punished with death or life imprisonment or imprisonment of not less than seven years, and fine.
Under the Bharatiya Nyaya Sanhita, 2023, 'criminal conspiracy' is defined in which section?
aSection 59
bSection 61
cSection 190
dSection 120
Answer: B
Section 61 BNS defines criminal conspiracy (formerly IPC s.120A/120B); an agreement by two or more persons to do or cause to be done an illegal act, or a legal act by illegal means, constitutes the offence.
Under the Bharatiya Nyaya Sanhita, 2023, a group of five or more persons acting in concert commits murder on the ground of caste of the victim. Each member of such group shall be punished under which provision, with what minimum imprisonment as one of the alternatives?
aSection 103(1) BNS — imprisonment for life only
bSection 111 BNS — imprisonment of not less than five years
cSection 105 BNS — imprisonment of not less than three years
dSection 103(2) BNS — imprisonment of not less than seven years (or death, or imprisonment for life)
Answer: D
Section 103(2) BNS specifically penalises 'mob lynching' — murder by a group of five or more on grounds such as race, caste, community, sex, place of birth, language or personal belief — with death, imprisonment for life, or imprisonment of not less than seven years, plus fine.
'A' suddenly grabs a mobile phone from 'Z's hand while passing on a motorcycle and speeds away. Which offence has 'A' primarily committed under the Bharatiya Nyaya Sanhita, 2023, and under which section is it newly defined?
aExtortion under Section 308 BNS
bSnatching under Section 304 BNS
cTheft under Section 303 BNS
dRobbery under Section 309 BNS
Answer: B
Section 304 BNS newly defines 'snatching' as theft by suddenly, quickly or forcibly seizing or grabbing movable property; it is punishable with imprisonment up to three years and fine.
The offence of 'organised crime', introduced for the first time as a distinct offence in the general penal law of India, is contained in which section of the Bharatiya Nyaya Sanhita, 2023?
aSection 109
bSection 113
cSection 152
dSection 111
Answer: D
Section 111 BNS defines and punishes 'organised crime' committed by a crime syndicate; 'proceeds of organised crime' includes property derived from such crime and cash. Section 113 deals with the separate offence of terrorist act.
'A', a banker, is entrusted with money belonging to 'B' in the course of his business as a banker and dishonestly converts it to his own use. Under the Bharatiya Nyaya Sanhita, 2023, the maximum punishment to which 'A' is liable is:
aImprisonment up to three years, or fine, or both
bImprisonment up to seven years and fine
cImprisonment for life, or imprisonment up to ten years, and fine
dImprisonment up to five years, or fine, or both
Answer: C
Criminal breach of trust by a banker, merchant, factor, broker, attorney or agent is aggravated under Section 316(5) BNS, punishable with imprisonment for life or up to ten years and fine, unlike the general Section 316(2) which carries up to five years.
Under the Bharatiya Nyaya Sanhita, 2023, where a woman's death is caused by burns or bodily injury within seven years of marriage and she had been subjected to cruelty by her husband in connection with a demand for dowry, the offence and minimum punishment are:
aDowry death under Section 80 BNS — imprisonment not less than seven years, extendable to life
bAbetment of suicide under Section 108 BNS — imprisonment up to ten years
cMurder under Section 103 BNS — imprisonment for life or death
dCruelty under Section 85 BNS — imprisonment up to three years and fine
Answer: A
Section 80 BNS (dowry death) requires death by burns/bodily injury or in abnormal circumstances within seven years of marriage with cruelty connected to dowry, and prescribes imprisonment of not less than seven years which may extend to imprisonment for life.
'A' instigates 'Z', a person above eighteen years of sound mind, to commit suicide and 'Z' commits suicide. Under the Bharatiya Nyaya Sanhita, 2023, 'A' is punishable under which section and with what maximum imprisonment?
aSection 103 BNS — death or imprisonment for life
bSection 107 BNS — imprisonment for life
cSection 108 BNS — imprisonment up to ten years and fine
dSection 45 BNS — imprisonment up to seven years
Answer: C
Abetment of suicide of a sane adult is punishable under Section 108 BNS with imprisonment of either description up to ten years and fine. Section 107 BNS deals with abetment of suicide of a child or a person of unsound mind.
Two persons agree to fence with each other for amusement, each consenting impliedly to suffer harm not intended to cause death or grievous hurt. If one accidentally hurts the other during fair play, the act is exempt from criminal liability under which general exception of the Bharatiya Nyaya Sanhita, 2023?
aSection 26 BNS
bSection 20 BNS
cSection 25 BNS
dSection 34 BNS
Answer: C
Section 25 BNS exempts harm caused by an act not intended and not known to be likely to cause death or grievous hurt, done with the consent (express or implied) of a person above eighteen years — the fencing illustration falls squarely within it.
Under the Bharatiya Nyaya Sanhita, 2023, in which of the following situations does the right of private defence of property NOT extend to the voluntary causing of death under Section 41?
aCriminal breach of trust by an agent
bMischief by fire on a building used as a human dwelling
cRobbery
dHouse-breaking after sunset and before sunrise
Answer: A
Section 41 BNS permits causing death in defence of property only for robbery, house-breaking after sunset and before sunrise, mischief by fire on a dwelling, and theft/mischief/house-trespass causing apprehension of death or grievous hurt. Criminal breach of trust is not among them.
'A' cheats 'Z' and thereby dishonestly induces 'Z' to deliver immovable property to 'A'. Under the Bharatiya Nyaya Sanhita, 2023, the maximum imprisonment to which 'A' is liable is:
aFive years and fine
bThree years and fine
cSeven years and fine
dTen years and fine
Answer: C
Cheating and thereby dishonestly inducing delivery of property is the aggravated form under Section 318(4) BNS, punishable with imprisonment up to seven years and fine, as against simple cheating under Section 318(2) which carries up to three years.
The offence of 'terrorist act' under the Bharatiya Nyaya Sanhita, 2023 — committed with intent to threaten the unity, integrity, security or economic security of India — is contained in which section?
aSection 111
bSection 147
cSection 152
dSection 113
Answer: D
Section 113 BNS defines 'terrorist act' and prescribes punishment up to death or imprisonment for life where it causes death, and not less than five years to life in other cases, with minimum fines. Section 152 deals with acts endangering sovereignty, unity and integrity of India.
Under the Bharatiya Nagarik Suraksha Sanhita, 2023, a Magistrate of the first class may pass a sentence of imprisonment not exceeding:
aThree years
bTwo years
cSeven years
dOne year
Answer: A
Section 23(2) BNSS authorises a Magistrate of the first class to award imprisonment up to three years, or fine up to fifty thousand rupees, or both, or community service.
Which provision of the Bharatiya Nagarik Suraksha Sanhita, 2023 makes it mandatory, subject to availability of technological facilities, to record the process of search and seizure (including the seizure list) through audio-video electronic means, preferably a mobile phone?
aSection 185
bSection 105
cSection 100
dSection 103
Answer: B
Section 105 BNSS mandates audio-video electronic recording of search and seizure, with the recording to be forwarded without delay to the jurisdictional Magistrate.
Under Section 176(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023, it is mandatory for a forensic expert to visit the crime scene to collect forensic evidence (with videography of the process) in respect of an offence which is punishable with imprisonment of:
aSeven years or more
bFive years or more
cTen years or more
dThree years or more
Answer: A
Section 176(3) BNSS requires forensic experts to visit the scene of crime and videograph the process for every offence punishable with seven years or more imprisonment.
Section 356 of the Bharatiya Nagarik Suraksha Sanhita, 2023, which introduces a wholly new procedure not found in the CrPC, 1973, deals with:
aPlea bargaining
bInquiry, trial or judgment in absentia of a proclaimed offender
cCompounding of offences
dSummary trials
Answer: B
Section 356 BNSS is a new provision permitting trial in absentia of a proclaimed offender who has absconded to evade trial and for whom there is no immediate prospect of arrest.
Under Section 472 of the Bharatiya Nagarik Suraksha Sanhita, 2023, a convict under sentence of death (or his legal heir or relative) may file a mercy petition before the President or the Governor within a period of __ from the date the jail Superintendent informs him of the relevant dismissal/confirmation:
aThirty days
bSeven days
cSixty days
dFifteen days
Answer: A
Section 472 BNSS, a newly codified provision on mercy petitions in death sentence cases, prescribes a thirty-day period for filing the petition before the President under Article 72 or the Governor under Article 161.
Under Section 479 of the Bharatiya Nagarik Suraksha Sanhita, 2023, a first-time offender (with no previous conviction) is entitled to release on bond if he has undergone detention as an undertrial up to:
aOne-half of the maximum imprisonment for the offence
bThe full maximum imprisonment for the offence
cOne-third of the maximum imprisonment for the offence
dOne-fourth of the maximum imprisonment for the offence
Answer: C
The first proviso to Section 479(1) BNSS allows release of a first-time offender on bond after detention up to one-third of the maximum period of imprisonment, as against one-half for other undertrials.
Under the Bharatiya Nagarik Suraksha Sanhita, 2023, the obligation of every State Government to prepare and notify a Witness Protection Scheme is contained in:
aSection 357
bSection 396
cSection 398
dSection 183
Answer: C
Section 398 BNSS, a new statutory provision, obliges every State Government to prepare and notify a Witness Protection Scheme to ensure protection of witnesses.
Under Section 183 of the Bharatiya Nagarik Suraksha Sanhita, 2023, who is competent to record a confession of an accused during investigation?
aAn Executive Magistrate of the district
bAny police officer specially empowered as a Magistrate
cA Metropolitan Magistrate or Judicial Magistrate, and not a police officer even if conferred Magistrate's powers
dThe Superintendent of Police of the district
Answer: C
Section 183 BNSS empowers a Judicial Magistrate (recorded through audio-video means) to record confessions and statements, and expressly bars a police officer on whom Magistrate's powers have been conferred from recording a confession.
Under the Bharatiya Nagarik Suraksha Sanhita, 2023, the concept of 'Zero FIR'—permitting registration of information relating to a cognizable offence irrespective of the area where the offence is committed—has been given statutory recognition for the first time. In which Section is this provision codified?
aSection 187
bSection 173
cSection 175
dSection 154
Answer: B
Section 173(1) BNSS, the successor to Section 154 CrPC, statutorily codifies the Zero FIR concept, allowing an FIR to be registered irrespective of jurisdiction and later transferred to the police station having jurisdiction.
Which one of the following correctly states the maximum sentence of imprisonment that a Judicial Magistrate of the first class may pass under the Bharatiya Nagarik Suraksha Sanhita, 2023?
aImprisonment not exceeding two years
bImprisonment not exceeding seven years
cImprisonment not exceeding three years
dImprisonment not exceeding five years
Answer: C
Under Section 23(1) BNSS, a Judicial Magistrate of the first class may pass a sentence of imprisonment up to three years, or a fine up to fifty thousand rupees, or both, and may also order community service.
Under the Bharatiya Nagarik Suraksha Sanhita, 2023, where a person is accused of a cognizable offence punishable with imprisonment for a term which may extend to less than seven years, a police officer 'shall' issue a notice directing him to appear instead of arresting him. This provision corresponds to which Section?
aSection 35
bSection 47
cSection 41
dSection 58
Answer: A
Section 35(3) BNSS (successor to Section 41A CrPC) requires the police officer to issue a notice of appearance, in lieu of arrest, where arrest is not required under Section 35(1).
Match List-I (provision) with List-II (Section of the Bharatiya Nagarik Suraksha Sanhita, 2023) and select the correct answer using the code given below:
List-I: (A) Anticipatory bail (B) Police custody (C) Maximum period of detention of undertrial prisoner (D) Repeal of the Code of Criminal Procedure, 1973
List-II: 1. Section 187 2. Section 479 3. Section 531 4. Section 482
aA-4, B-2, C-1, D-3
bA-4, B-1, C-2, D-3
cA-1, B-4, C-2, D-3
dA-4, B-1, C-3, D-2
Answer: B
Anticipatory bail is under Section 482, police custody under Section 187, maximum detention of an undertrial under Section 479, and the repeal of the CrPC under Section 531 BNSS.
Under Section 176(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023, the attendance of a forensic expert at the scene of crime to collect forensic evidence and to videograph the process is mandatory in respect of offences punishable with imprisonment for a term of—
athree years or more
bten years or more
cfive years or more
dseven years or more
Answer: D
Section 176(3) BNSS makes it mandatory for a forensic expert to visit the crime scene and videograph the collection of evidence for offences punishable with imprisonment of seven years or more.
Under the Bharatiya Nagarik Suraksha Sanhita, 2023, the maximum period of police custody of fifteen days—which under the earlier Code could be granted only within the first fifteen days from arrest—may now be authorised by a Magistrate in whole or in parts at any time during the initial—
aforty or sixty days as the case may be
bthirty days
cfifteen days
dninety days in every case
Answer: A
Section 187 BNSS permits the 15 days of police custody to be sought in parts during the first 40 or 60 days of the total period of detention (60 or 90 days), depending on the gravity of the offence.
Section 105 of the Bharatiya Nagarik Suraksha Sanhita, 2023 introduces a new safeguard during search and seizure. Which one of the following does it require?
aPrior written sanction of the District Magistrate before any search
bSearch to be conducted only between sunrise and sunset
cAudio-video electronic recording of the search and seizure process
dPresence of a Magistrate at every search
Answer: C
Section 105 BNSS mandates that search and seizure (including preparation of the list of seized items) be recorded through audio-video electronic means, and the recording be forwarded to the Magistrate without delay.
Under Section 472 of the Bharatiya Nagarik Suraksha Sanhita, 2023, a convict under a sentence of death may file a mercy petition. Which one of the following correctly states the order in which such petition is to be made?
aFirst to the President, and on rejection, to the Governor
bOnly to the President, the Governor having no role
cSimultaneously to both the President and the Governor
dFirst to the Governor, and on rejection or disposal, to the President
Answer: D
Section 472 BNSS provides that a mercy petition is to be made first to the Governor under Article 161, and only on its rejection or disposal, to the President under Article 72.
Which one of the following Sections of the Bharatiya Nagarik Suraksha Sanhita, 2023 imposes a statutory duty on every State Government to prepare and notify a Witness Protection Scheme?
aSection 412
bSection 430
cSection 360
dSection 398
Answer: D
Section 398 BNSS, a new provision, casts a statutory obligation on every State Government to prepare and notify a Witness Protection Scheme for the State.
The inherent right of individual or collective self-defence, exercisable if an armed attack occurs against a Member of the United Nations until the Security Council acts, is recognised in which Article of the UN Charter?
aArticle 51
bArticle 42
cArticle 2(4)
dArticle 33
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.
With reference to the election of judges of the International Court of Justice, which of the following statements is correct?
aThey are elected by the General Assembly and the Security Council, voting independently, by an absolute majority
bThey are nominated by the Secretary-General and confirmed by the Trusteeship Council
cThey are appointed for life by the President of the General Assembly
dThey are elected only by the Security Council, with the permanent members enjoying a veto
Answer: A
Under Articles 4 and 8 of the Statute, judges are elected by the General Assembly and the Security Council proceeding independently; a candidate must obtain an absolute majority in both, and no veto distinction applies in the Council's vote.
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