Uttar Pradesh Judiciary Mock Test 10 — Questions & Solutions
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On what ground can the President of India be removed from office through impeachment under Article 61?
aProved misbehaviour or incapacity
bViolation of the Constitution
cLoss of confidence of the Lok Sabha
dConviction in any criminal case
Answer: B
Article 61 provides that the President may be impeached only for 'violation of the Constitution', on a charge passed by a two-thirds majority of the total membership of each House.
The anti-defection provisions are contained in which Schedule of the Constitution, added by the 52nd Amendment Act, 1985?
aNinth Schedule
bEighth Schedule
cEleventh Schedule
dTenth Schedule
Answer: D
The Tenth Schedule, added by the 52nd Amendment Act, 1985, contains the anti-defection law providing for disqualification of legislators on grounds of defection.
Under Article 226, the power to issue writs for enforcement of Fundamental Rights and for any other purpose is vested in the:
aSupreme Court only
bDistrict Courts
cHigh Courts
dElection Commission
Answer: C
Article 226 empowers the High Courts to issue writs not only for enforcement of Fundamental Rights but also for any other purpose, giving them wider scope than the Supreme Court under Article 32.
The Finance Commission of India is constituted under which Article of the Constitution?
aArticle 280
bArticle 324
cArticle 315
dArticle 263
Answer: A
Article 280 provides for the constitution of a Finance Commission by the President every fifth year (or earlier) to recommend distribution of taxes between the Union and the States.
The superintendence, direction and control of elections in India is vested in the Election Commission under which Article?
aArticle 280
bArticle 315
cArticle 324
dArticle 352
Answer: C
Article 324 vests the superintendence, direction and control of the preparation of electoral rolls and the conduct of elections in the Election Commission of India.
Fundamental Duties were added to the Constitution (as Article 51A, Part IV-A) on the recommendation of which committee?
aSarkaria Commission
bBalwant Rai Mehta Committee
cPunchhi Commission
dSwaran Singh Committee
Answer: D
Fundamental Duties were incorporated by the 42nd Amendment Act, 1976 on the recommendation of the Swaran Singh Committee; originally ten duties were added (an eleventh was added by the 86th Amendment, 2002).
On which date did ISRO's Chandrayaan-3 mission achieve a soft landing on the Moon, making India the first country to land near the lunar south pole?
a6 January 2024
b14 July 2023
c2 September 2023
d23 August 2023
Answer: D
The Vikram lander of Chandrayaan-3 soft-landed in the Moon's southern polar region on 23 August 2023; India became the 4th country to land on the Moon and the first near the south pole.
The landing site of Chandrayaan-3 on the Moon was named by India as:
aStatio Shiv Shakti (Shiv Shakti Point)
bTiranga Point
cJawahar Point
dSarabhai Point
Answer: A
The Chandrayaan-3 touchdown site was named 'Statio Shiv Shakti' (Shiv Shakti Point); the Chandrayaan-2 crash site had earlier been named 'Tiranga Point'.
Aditya-L1, India's first dedicated solar mission, is placed in a halo orbit around which point?
aGeostationary orbit
bSun-Earth Lagrange point L2
cEarth-Moon Lagrange point L1
dSun-Earth Lagrange point L1
Answer: D
Aditya-L1 was placed in a halo orbit around the Sun-Earth Lagrange point 1 (L1), about 1.5 million km from Earth, giving an uninterrupted view of the Sun.
Who was announced in 2024 as one of the four astronaut-designates for India's Gaganyaan mission and later flew on Axiom Mission 4?
aRavish Malhotra
bRakesh Sharma
cShubhanshu Shukla
dAngad Pratap
Answer: C
Group Captain Shubhanshu Shukla, one of the four Gaganyaan astronaut-designates announced in Feb 2024, flew as pilot on Axiom Mission 4 to the ISS in 2025.
Who took charge as the Chairman of ISRO in January 2025, succeeding S. Somanath?
aA. S. Kiran Kumar
bK. Sivan
cV. Narayanan
dP. Veeramuthuvel
Answer: C
Dr. V. Narayanan, formerly Director of the Liquid Propulsion Systems Centre (LPSC), took over as ISRO Chairman and Secretary, Department of Space on 14 January 2025.
Shubhanshu Shukla, who travelled to the ISS aboard Axiom Mission 4 in 2025, became which Indian to travel to space?
aThe second Indian in space
bThe first Indian in space
cThe third Indian in space
dThe fourth Indian in space
Answer: A
Shubhanshu Shukla became the second Indian to travel to space (after Rakesh Sharma in 1984) and the first Indian to visit the International Space Station.
Mission Divyastra (11 March 2024) was India's first flight test of the indigenous Agni-5 missile with MIRV technology, allowing one missile to carry multiple independently targetable warheads.
INS Arighaat, commissioned on 29 August 2024, is India's second Arihant-class nuclear-powered ballistic missile submarine, strengthening the sea-based leg of the nuclear triad.
ISRO's SpaDeX mission, whose docking was achieved on 16 January 2025, demonstrated which capability, making India the fourth country to do so?
aSpace docking of two satellites
bReusable launch vehicle landing
cSoft landing on Mars
dHuman spaceflight
Answer: A
The Space Docking Experiment (SpaDeX) successfully docked two satellites (SDX01 and SDX02) on 16 Jan 2025, making India the fourth nation to demonstrate in-space docking.
India's first semiconductor fabrication (fab) facility, approved under the India Semiconductor Mission, is being built by Tata Electronics (with PSMC) at:
aSri City, Andhra Pradesh
bSanand, Gujarat
cJagiroad, Assam
dDholera, Gujarat
Answer: D
Tata Electronics, in partnership with Taiwan's PSMC, is constructing India's first commercial semiconductor fab at Dholera, Gujarat, with a Rs ~91,000 crore investment.
NISAR is notable for being the first satellite to carry radar operating in which two frequency bands?
aKu-band and Ka-band
bC-band and X-band
cL-band and S-band
dP-band and C-band
Answer: C
NISAR is the first satellite to use dual-frequency Synthetic Aperture Radar — an L-band SAR (NASA) and an S-band SAR (ISRO) — to image Earth's changing surfaces.
In November 2024, DRDO successfully conducted the first flight trial of India's first long-range hypersonic missile off the coast of which state?
aOdisha
bGujarat
cTamil Nadu
dAndhra Pradesh
Answer: A
DRDO flight-tested India's first long-range hypersonic missile (range over 1,500 km) on 16 November 2024 from Dr APJ Abdul Kalam Island off the Odisha coast.
XPoSat, launched by ISRO on 1 January 2024, is a satellite dedicated to the study of:
aSolar wind
bOcean colour
cX-ray polarimetry of cosmic sources like black holes
dAtmospheric ozone
Answer: C
XPoSat (X-ray Polarimeter Satellite) studies the polarisation of X-rays from sources such as black holes and neutron stars; India became the second country (after the US) with such a dedicated mission.
Which scientist is credited with the discovery of the Raman Effect, for which he received the Nobel Prize in Physics in 1930?
aC. V. Raman
bSatyendra Nath Bose
cMeghnad Saha
dHomi J. Bhabha
Answer: A
Sir C. V. Raman discovered the scattering of light known as the Raman Effect and was awarded the Nobel Prize in Physics in 1930; National Science Day (28 February) marks the discovery.
The indigenously developed BrahMos supersonic cruise missile is a joint venture between India and which country?
aFrance
bIsrael
cUnited States
dRussia
Answer: D
BrahMos is a supersonic cruise missile developed jointly by India's DRDO and Russia's NPO Mashinostroyeniya; the name combines the Brahmaputra and Moskva rivers.
Which ISRO mission was India's first interplanetary mission, making India the first country to reach Mars orbit on its maiden attempt?
aMangalyaan (Mars Orbiter Mission)
bAstrosat
cAditya-L1
dChandrayaan-1
Answer: A
The Mars Orbiter Mission (Mangalyaan), launched in November 2013, entered Mars orbit on 24 September 2014, making India the first country to succeed on its first attempt.
The Indian regional satellite navigation system developed by ISRO, providing positioning services over India, is known as:
aGAGAN
bNavIC (IRNSS)
cBHUVAN
dGSAT
Answer: B
NavIC (Navigation with Indian Constellation), formally IRNSS, is ISRO's independent regional satellite navigation system covering India and a region around it.
Who, along with Sanskrit scholar Jagadguru Rambhadracharya, was named a recipient of the 58th Jnanpith Award (for 2023)?
aAmitav Ghosh
bJaved Akhtar
cRuskin Bond
dGulzar
Answer: D
Urdu poet-lyricist Gulzar (Sampooran Singh Kalra) and Sanskrit scholar Jagadguru Rambhadracharya were jointly named recipients of the 58th Jnanpith Award for 2023.
The Nobel Peace Prize 2024 was awarded to the Japanese organisation Nihon Hidankyo for its efforts towards which cause?
aEradication of poverty
bProtection of refugees
cA world free of nuclear weapons
dPress freedom
Answer: C
The Norwegian Nobel Committee awarded the 2024 Peace Prize to Nihon Hidankyo, a grassroots movement of atomic-bomb survivors, for its efforts to achieve a world free of nuclear weapons.
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
bJavelin throw
cShot put
dDiscus throw
Answer: B
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?
aAshoka
bBindusara
cBrihadratha
dChandragupta Maurya
Answer: A
The Great Stupa at Sanchi was originally built in the 3rd century BCE by Emperor Ashoka; the Buddhist monuments at Sanchi are a UNESCO World Heritage Site.
Pattachitra, a cloth-based scroll painting tradition depicting Lord Jagannath and Krishna legends, is chiefly associated with which state?
aOdisha
bAndhra Pradesh
cTamil Nadu
dRajasthan
Answer: A
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
cFourteen
dEleven
Answer: D
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?
a14 July 2023
b23 August 2023
c22 October 2023
d23 August 2022
Answer: B
ISRO's Chandrayaan-3 (lander Vikram, rover Pragyan) soft-landed on 23 August 2023, making India the fourth country to land on the Moon and the first near the lunar south pole.
India's first dedicated solar mission, Aditya-L1, was placed in a halo orbit around which point?
aSun-Earth Lagrange Point 2 (L2)
bSun-Earth Lagrange Point 1 (L1)
cA lunar polar orbit
dA low Earth orbit
Answer: B
Aditya-L1, launched on 2 September 2023, was inserted into a halo orbit around the Sun-Earth Lagrange Point 1 (L1) on 6 January 2024, about 1.5 million km from Earth.
On 21 June 2023, India became a signatory to which US-led framework for principles governing civil space exploration?
aThe Outer Space Treaty
bThe 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 April 2024
c15 August 2023
d1 July 2024
Answer: D
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 equality under Article 14
bThe right to information of voters under Article 19(1)(a)
cThe right to life under Article 21
dThe right to freedom of religion under Article 25
Answer: B
In Association for Democratic Reforms v. Union of India (15 Feb 2024), the Supreme Court held the Electoral Bonds Scheme unconstitutional for violating voters' right to information under Article 19(1)(a).
The 106th Constitutional Amendment Act, 2023 (Nari Shakti Vandan Adhiniyam) provides for the reservation of what proportion of seats for women in the Lok Sabha and State Legislative Assemblies?
aOne-half
bOne-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
bTanzania
cBotswana
dNamibia
Answer: D
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 35A only
bArticle 370
cArticle 356
dArticle 371
Answer: B
On 11 December 2023, the Supreme Court upheld the 2019 abrogation of Article 370, holding it to be a temporary provision.
The Jammu and Kashmir Reorganisation Act, 2019 bifurcated the former state into which two Union Territories?
aJammu and Kashmir; and Ladakh
bJammu; and Kashmir Valley
cKashmir; and Gilgit-Baltistan
dJammu and Kashmir; and Leh
Answer: A
The 2019 Act bifurcated the state into the Union Territory of Jammu and Kashmir (with a legislature) and the Union Territory of Ladakh (without a legislature).
The PM Vishwakarma Scheme, launched in September 2023, provides holistic support to artisans and craftspeople engaged in how many traditional trades?
a10 trades
b24 trades
c30 trades
d18 trades
Answer: D
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
cAll India Trinamool Congress
dBharatiya Janata Party
Answer: D
In the 2024 general election the Bharatiya Janata Party (BJP) emerged as the single largest party with 240 seats; the NDA secured a majority and the Congress won 99 seats.
The Census of India 2027, whose first official notification was issued in 2025, will be notable as India's first census to be conducted:
aEntirely by postal survey
bWithout any caste enumeration
cOnly in urban areas
dDigitally, with self-enumeration option, and including caste enumeration
Answer: D
Census 2027 is planned as India's first digital census (with a self-enumeration option) and, as decided by the CCPA, will include caste enumeration for the first time since 1931.
On the recommendations of which commission was the Reserve Bank of India established under the Reserve Bank of India Act, 1934?
aMudaliar Commission
bChamberlain Commission
cSarkaria Commission
dHilton Young Commission
Answer: D
The RBI was established on the recommendations of the Hilton Young Commission (Royal Commission on Indian Currency and Finance, 1926) and began operations on 1 April 1935.
In which year was the Reserve Bank of India nationalised, i.e., transferred to public ownership?
a1969
b1947
c1935
d1949
Answer: D
Although established in 1935 as a privately owned bank, the RBI was nationalised on 1 January 1949 under the Reserve Bank of India (Transfer to Public Ownership) Act, 1948.
The Second Five-Year Plan (1956-61), which emphasised rapid industrialisation through heavy industries, was based on the model devised by:
aV.K.R.V. Rao
bAmartya Sen
cD.R. Gadgil
dP.C. Mahalanobis
Answer: D
The Second Five-Year Plan was based on the Mahalanobis model, named after statistician P.C. Mahalanobis, stressing development of heavy and capital goods industries.
In India, one-rupee notes and coins are issued by which authority?
aReserve Bank of India
bState Bank of India
cThe Ministry of Finance, Government of India
dNITI Aayog
Answer: C
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?
aMinimum Reserve System
bProportional Reserve System
cFixed Fiduciary System
dCurrency Board System
Answer: A
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?
aRajiv Gandhi as PM and V.P. Singh as FM
bP.V. Narasimha Rao as PM and Manmohan Singh as FM
cAtal Bihari Vajpayee as PM and Yashwant Sinha as FM
dMorarji Desai as PM and H.M. Patel as FM
Answer: B
The 1991 New Economic Policy (Liberalisation, Privatisation, Globalisation) was launched under PM P.V. Narasimha Rao with Dr. Manmohan Singh as Finance Minister.
Under the Charter of the United Nations, the Economic and Social Council consists of -
aFifteen members elected for two years
bTwenty-seven members elected for three years
cFifty-four members elected for three years
dSixty members elected for two years
Answer: C
Article 61 of the UN Charter (as amended) provides that ECOSOC consists of fifty-four members, eighteen of whom are elected each year for a term of three years.
Under Article 27 of the UN Charter, a decision of the Security Council on a non-procedural matter requires -
aAn affirmative vote of nine members including the concurring votes of the permanent members
bA two-thirds majority of all members present and voting
cAn affirmative vote of seven members
dA unanimous vote of all fifteen members
Answer: A
Article 27(3) of the UN Charter requires, for decisions on all matters other than procedural ones, an affirmative vote of nine members including the concurring votes of the permanent members - the basis of the veto power.
The 'inherent right of individual or collective self-defence if an armed attack occurs against a Member of the United Nations' is recognised in -
aArticle 42 of the UN Charter
bArticle 51 of the UN Charter
cArticle 2(4) of the UN Charter
dArticle 33 of the UN Charter
Answer: B
Article 51 of the UN Charter preserves the inherent right of individual or collective self-defence until the Security Council has taken measures necessary to maintain international peace and security.
Which one of the following organs of the United Nations may, under Article 96 of the Charter, request the International Court of Justice to give an advisory opinion on any legal question?
aThe Secretariat
bThe General Assembly or the Security Council
cThe Trusteeship Council only
dAny individual Member State
Answer: B
Article 96(1) of the UN Charter empowers the General Assembly or the Security Council to request an advisory opinion of the ICJ on any legal question; other organs may do so only on questions within their scope if authorised by the General Assembly.
Where a party fails to perform the obligations incumbent upon it under a judgment of the International Court of Justice, the other party may have recourse to -
aThe Secretary-General under Article 97 of the UN Charter
bThe General Assembly
cThe Security Council under Article 94 of the UN Charter
dThe Permanent Court of Arbitration
Answer: C
Article 94(2) of the UN Charter permits a party to a case to have recourse to the Security Council, which may make recommendations or decide upon measures to give effect to the ICJ's judgment.
Under Section 230 of the Indian Contract Act, 1872, in the absence of a contract to that effect, an agent cannot personally enforce contracts entered into on behalf of his principal. A contract to the contrary is, however, presumed to exist where-
athe agent does not disclose the name of his principal
bthe principal is a minor at the time of the contract
cthe agent acts gratuitously without any commission
dthe contract is reduced to writing and registered
Answer: A
Section 230 presumes a contract to the contrary where the agent contracts for the sale or purchase of goods for a merchant resident abroad, where he does not disclose the name of his principal, or where the principal though disclosed cannot be sued.
Under the definition in Section 2 of the Indian Contract Act, 1872, the consideration for a promise-
amust move only from the promisee personally
bmay move from the promisee or any other person
cmust always be a present consideration and never past
dmust be adequate in money's worth to the promise
Answer: B
Section 2(d) provides that consideration may be furnished by the promisee 'or any other person', so Indian law, unlike strict English doctrine, recognises that consideration need not move from the promisee alone.
An agreement which is enforceable by law at the option of one or more of the parties thereto, but not at the option of the other or others, is under Section 2 of the Indian Contract Act, 1872-
aan illegal agreement
ban unenforceable agreement
ca voidable contract
da void agreement
Answer: C
Section 2(i) defines a voidable contract as an agreement enforceable by law at the option of one or more of the parties, but not at the option of the other or others.
Under the Indian Contract Act, 1872, an agreement enforceable by law at the option of one or more of the parties thereto, but not at the option of the other or others, is termed:
aan unenforceable contract
ba void agreement
ca contingent contract
da voidable contract
Answer: D
Section 2(i) defines a voidable contract as an agreement enforceable by law at the option of one or more of the parties thereto, but not at the option of the other or others. A void agreement under Section 2(g) is not enforceable at all.
An agreement made without consideration is valid under Section 25 of the Indian Contract Act, 1872, where it is a promise to compensate a person who has:
alent money to a third person
bagreed to forbear from suing the promisor
cpromised to render future services
dalready voluntarily done something for the promisor
Answer: D
Section 25(2) validates a promise, without consideration, to compensate wholly or in part a person who has already voluntarily done something for the promisor. A promise of compensation for future services would require fresh consideration.
A promise to pay a time-barred debt is enforceable without consideration under Section 25 of the Indian Contract Act, 1872, only if it is:
aaccompanied by part payment of the debt
bin writing and signed by the person to be charged or his authorised agent
cmade orally before two witnesses
dregistered and made on account of natural love and affection
Answer: B
Under Section 25(3), a promise to pay a debt barred by the law of limitation is valid without consideration only when it is made in writing and signed by the person to be charged therewith, or by his agent generally or specially authorised in that behalf.
An agreement by a minor is void ab initio. This principle was authoritatively settled by the Privy Council in:
aMohori Bibee v. Dharmodas Ghose
bCurrie v. Misa
cCarlill v. Carbolic Smoke Ball Co.
dLalman Shukla v. Gauri Dutt
Answer: A
In Mohori Bibee v. Dharmodas Ghose (1903), the Privy Council held that an agreement by a minor is void ab initio because, read with Sections 10 and 11, a minor is not competent to contract.
Where a person incapable of contracting, such as a minor or a lunatic, is supplied by another with necessaries suited to his condition in life, Section 68 of the Indian Contract Act, 1872 provides that the supplier:
amay recover the price from the guardian personally
bcannot recover anything as the agreement is void
cis entitled to be reimbursed from the property of such incapable person
dmay sue the incapable person personally for the price
Answer: C
Section 68 imposes a quasi-contractual obligation: the supplier of necessaries to a person incapable of contracting is entitled to be reimbursed only from the property of such incapable person, and there is no personal liability.
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:
aremains enforceable and the promisor is liable in damages
bis to be performed within a reasonable time
cis voidable at the option of the promisee
dbecomes void when the act becomes impossible or unlawful
Answer: D
Under the second paragraph of Section 56, a contract to do an act which after its making becomes impossible or, by reason of an event the promisor could not prevent, unlawful, becomes void when the act becomes impossible or unlawful (supervening impossibility / frustration).
If the parties to a contract agree to substitute a new contract for it, or to rescind or alter it, then under Section 62 of the Indian Contract Act, 1872:
aonly a court may give effect to the substitution
bthe original contract need not be performed
cthe original contract must still be performed
dthe new contract is void for want of consideration
Answer: B
Section 62 provides that where the parties agree to substitute a new contract (novation), or to rescind or alter the contract, the original contract need not be performed.
When a contract has been broken, the compensation recoverable under Section 73 of the Indian Contract Act, 1872 is for loss or damage which:
anaturally arose in the usual course of things, or which the parties knew when contracting was likely to result from the breach
bis remote and indirect loss arising from the breach
cthe party would have suffered in any event
dis fixed solely by the discretion of the court irrespective of foreseeability
Answer: A
Section 73 allows compensation for loss or damage that naturally arose in the usual course of things from the breach, or which the parties knew, when they made the contract, to be likely to result from it; remote and indirect loss is not recoverable.
Where a sum is named in a contract as the amount payable in case of breach, Section 74 of the Indian Contract Act, 1872 entitles the aggrieved party to:
areasonable compensation not exceeding the amount so named, whether or not actual damage is proved
bdouble the named sum if the breach is wilful
cthe entire named sum automatically, as liquidated damages
dnothing, unless actual loss is strictly proved
Answer: A
Section 74 entitles the complaining party to receive reasonable compensation not exceeding the amount named (or penalty stipulated), whether or not actual damage or loss is proved. India does not rigidly distinguish penalty from liquidated damages as English law does.
A 'contract of guarantee' under Section 126 of the Indian Contract Act, 1872 is a contract to perform the promise, or discharge the liability, of a third person in case of his default. It:
ais the same as a contract of indemnity
bmay be either oral or written
crequires only two parties, the surety and the creditor
dmust always be in writing to be valid
Answer: B
Under Section 126, a contract of guarantee may be either oral or written, and involves three parties: the surety, the principal debtor and the creditor. (English law requires writing, but Indian law does not.)
Under Section 148 of the Indian Contract Act, 1872, the delivery of goods by one person to another for some purpose, on a contract that they shall be returned or otherwise disposed of according to the directions of the person delivering them, is called:
ahypothecation
bbailment
cpledge
dsale
Answer: B
Section 148 defines bailment as the delivery of goods by one person (bailor) to another (bailee) for some purpose, upon a contract that they shall, when the purpose is accomplished, be returned or otherwise disposed of according to the bailor's directions.
The bailment of goods as security for payment of a debt or performance of a promise is called a pledge under Section 172 of the Indian Contract Act, 1872. The bailee in such a case is called the:
abailor
bpawnor
cpawnee
dpledgor
Answer: C
Under Section 172, in a pledge the bailor is called the 'pawnor' and the bailee to whom the goods are delivered as security is called the 'pawnee'.
To claim protection under Section 41 of the Transfer of Property Act, 1882 (transfer by an ostensible owner), the transferee must establish that:
aThe transfer was gratuitous and made in good faith
bHe had actual notice of the real owner's title
cHe acted in good faith and took reasonable care to ascertain that the transferor had power to make the transfer
dThe ostensible owner had a registered title deed in his own name
Answer: C
Section 41 protects a transferee for consideration from an ostensible owner (holding with the express or implied consent of the real owner) only if the transferee acted in good faith and took reasonable care to verify the transferor's power.
Match List-I (doctrine) with List-II (Section of the Transfer of Property Act, 1882):
List-I: (A) Election (B) Part performance (C) Feeding the grant by estoppel (D) Improvements by a bona fide holder under defective title
List-II: (1) Section 43 (2) Section 35 (3) Section 51 (4) Section 53A
aA-2, B-4, C-1, D-3
bA-1, B-2, C-3, D-4
cA-2, B-1, C-4, D-3
dA-3, B-4, C-1, D-2
Answer: A
Election is in Section 35, part performance in Section 53A, feeding the grant by estoppel in Section 43, and compensation for improvements by a bona fide holder under defective title in Section 51.
Which of the following is NOT one of the conditions required to claim the defence of part performance under Section 53A of the Transfer of Property Act, 1882?
aThere is a contract to transfer immovable property for consideration in writing signed by or on behalf of the transferor
bThe transferee has, in part performance, taken possession or continued in possession
cThe contract of transfer has been compulsorily registered
dThe transferee has performed or is willing to perform his part of the contract
Answer: C
Section 53A operates even where the document is unregistered; it requires a written, signed contract, possession taken in part performance, and the transferee's willingness to perform. Registration is precisely what the doctrine dispenses with.
Under Section 54 of the Transfer of Property Act, 1882, in the case of tangible immovable property of a value of one hundred rupees and upwards, a sale can be made:
aBy delivery of possession alone
bBy an oral agreement followed by part payment
cEither by a registered instrument or by delivery of possession
dOnly by a registered instrument
Answer: D
Section 54 requires a registered instrument for sale of tangible immovable property worth Rs. 100 or more; delivery of possession suffices only where the value is below Rs. 100.
Under Section 58 of the Transfer of Property Act, 1882, where the mortgagor delivers possession of the mortgaged property to the mortgagee and authorises him to retain possession until payment and to receive the rents and profits in lieu of interest, the mortgage is a:
aSimple mortgage
bUsufructuary mortgage
cMortgage by conditional sale
dEnglish mortgage
Answer: B
Section 58(d) defines a usufructuary mortgage, in which the mortgagee takes possession and appropriates rents and profits towards interest or principal, with no personal liability of the mortgagor.
A condition absolutely restraining the transferee from alienating the property is void under Section 10 of the Transfer of Property Act, 1882, EXCEPT:
aIn the case of a gift to a minor
bIn the case of a lease where the condition is for the benefit of the lessor, and in the case of property transferred to or for the benefit of a woman (not being a Hindu, Muhammadan or Buddhist) so that she shall not have power to alienate it during marriage
cIn the case of a mortgage by deposit of title-deeds
dIn the case of a sale for inadequate consideration
Answer: B
Section 10 exempts two cases from the rule against absolute restraints: a condition in a lease for the lessor's benefit, and a transfer for the benefit of a woman (not Hindu, Muhammadan or Buddhist) restraining alienation during marriage.
Where property is transferred for the benefit of an unborn person, Section 13 of the Transfer of Property Act, 1882 requires that:
aOnly a limited life interest may be conferred on the unborn person
bThe interest must vest in the unborn person before his birth
cA prior life interest must be created and the interest given to the unborn person must extend to the whole of the remaining interest of the transferor in the property
dThe unborn person must be in existence at the date of the transfer
Answer: C
Section 13 requires a prior interest in favour of a living person and mandates that the interest created for the unborn person be the whole of the transferor's remaining interest; a limited interest to an unborn person is void.
Under Section 122 of the Transfer of Property Act, 1882, for a valid gift the acceptance by the donee must be made:
aAt any time before the gift deed is registered
bOnly after the donor has delivered possession
cWithin a reasonable time after the donor's death
dDuring the lifetime of the donor and while he is still capable of giving
Answer: D
Section 122 requires that the gift be accepted by or on behalf of the donee during the lifetime of the donor and while he is still capable of giving; if the donee dies before acceptance, the gift is void.
'A' makes a gift of an estate to 'B' and in the same instrument purports to give a fund belonging to 'B' to 'C'. 'B' is put to election under Section 35 of the Transfer of Property Act, 1882. This means that 'B':
aMay retain his own fund and also take the estate gifted to him
bMust elect either to confirm the whole transaction (giving up his fund) or to dissent from it (retaining his fund but forgoing the benefit)
cIs entitled to compensation but cannot be compelled to elect
dAutomatically forfeits both the estate and his fund
Answer: B
The doctrine of election under Section 35 rests on the principle that one who takes a benefit under an instrument must also bear its burden; 'B' cannot both keep his own fund and accept the gift, but must elect between confirming and dissenting.
Which of the following is correctly matched with its provision under the Transfer of Property Act, 1882?
aConditional transfer — Section 54
bGift defined — Section 130
cLease defined — Section 105
dTransfer of actionable claim — Section 122
Answer: C
Section 105 defines 'lease'. Gift is defined in Section 122, transfer of actionable claim is in Section 130, and conditional transfer is in Section 25 — making only option (a) correctly matched.
During his father's lifetime, 'A', the eldest son, executes a deed purporting to transfer for consideration the share he expects to inherit from his father's estate to 'B'. Under the Transfer of Property Act, 1882, the legal effect of this transfer is that it is—
aValid only if the father consents in writing
bValid, as A has an existing interest in his father's property
cVoidable at the option of the father
dVoid, being a transfer of a mere chance of an heir-apparent succeeding to an estate (spes successionis)
Answer: D
Section 6(a) of the Transfer of Property Act, 1882 expressly bars transfer of the chance of an heir-apparent succeeding to an estate (spes successionis); such a mere expectancy is not transferable property and the transfer is void.
'A' fraudulently represents to 'B' that he is authorised to transfer certain immovable property and sells it to 'B' for consideration, though A has no title at that time. A later acquires title to the very same property while the contract of transfer subsists. Under Section 43 of the Transfer of Property Act, 1882, the transfer—
aRemains void, as A had no title when the sale was made
bOperates automatically in favour of B without any option
cOperates on the interest A subsequently acquires, at the option of the transferee B
dCan be enforced only by a fresh registered sale deed
Answer: C
Under Section 43 (feeding the grant by estoppel), where the transferor fraudulently or erroneously represents authority to transfer and later acquires the interest during the subsistence of the contract, the transfer operates on that acquired interest at the option of the transferee.
With respect to the doctrine of lis pendens under Section 52 of the Transfer of Property Act, 1882, from which point in time is the pendency of a suit or proceeding deemed to commence?
aFrom the date of presentation of the plaint or institution of the proceeding in a court of competent jurisdiction
bFrom the date the cause of action first arose
cFrom the date the defendant is served with summons
dFrom the date issues are framed by the court
Answer: A
The Explanation to Section 52 provides that the pendency of a suit or proceeding is deemed to commence from the date of presentation of the plaint (or institution of the proceeding) in a court of competent jurisdiction and continues until disposal by a final decree or order and its satisfaction or its becoming unobtainable by limitation.
After the Registration and Other Related Laws (Amendment) Act, 2001, which of the following is essential for a transferee to claim protection of the doctrine of part performance under Section 53A of the Transfer of Property Act, 1882, in respect of a contract executed after 24 September 2001?
aAn oral agreement coupled with possession is sufficient
bThe transferee need not have taken possession of the property
cThe transferee need not be willing to perform his part of the contract
dThe written contract for transfer of consideration must be a registered instrument
Answer: D
The 2001 Amendment omitted the words 'the contract, though required to be registered, has not been registered, or' from Section 53A; consequently, for contracts executed on or after 24-09-2001 the document must be registered to invoke the protection of part performance, in addition to taken possession and willingness to perform.
A person not already in the service of the Union or the State is eligible to be appointed a district judge under Article 233(2) only if -
aHe has been a Judicial Magistrate for at least five years
bHe has completed three years of practice and clears an examination held by the Public Service Commission
cHe has been an advocate or pleader for not less than seven years and is recommended by the High Court
dHe has been an advocate for not less than ten years and is nominated by the State Government
Answer: C
Article 233(2) provides that a person not already in service may be appointed a district judge only if he has been for not less than seven years an advocate or a pleader and is recommended by the High Court for appointment.
The doctrine that a Proclamation issued under Article 356 is not immune from judicial review and can be struck down if it is found to be mala fide or based on wholly irrelevant material was authoritatively settled in -
aState of Rajasthan v. Union of India (1977)
bS.R. Bommai v. Union of India (1994)
cRameshwar Prasad v. Union of India (2006)
dA.K. Roy v. Union of India (1982)
Answer: B
While State of Rajasthan (1977) took a restrictive view, it was the nine-Judge Bench in S.R. Bommai v. Union of India (1994) that authoritatively held that a Proclamation under Article 356 is justiciable and can be struck down for mala fides or irrelevant material.
Assertion (A): A High Court may issue a writ under Article 226 to enforce an ordinary legal right and not merely a fundamental right. Reason (R): The expression 'for any other purpose' in Article 226 enlarges the writ jurisdiction of the High Court beyond the enforcement of fundamental rights. 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
Article 226 empowers the High Court to issue writs for enforcement of fundamental rights 'and for any other purpose', which includes enforcement of ordinary legal rights; thus (R) is the correct explanation of (A).
By which Constitutional Amendment was Article 21A, making the right to free and compulsory education for children a Fundamental Right, inserted into the Constitution of India?
The 86th Amendment Act, 2002 inserted Article 21A guaranteeing free and compulsory education to children aged 6 to 14 years, recast Article 45, and added the fundamental duty under Article 51A(k).
In Kihoto Hollohan v. Zachillhu (1992), the Supreme Court held that the decision of the Speaker/Chairman on a disqualification petition under the Tenth Schedule is—
aFinal and wholly immune from judicial review under Paragraph 7
bReviewable only by the President under Article 103
cOpen to appeal before the Election Commission of India
dSubject to judicial review, but only on limited grounds such as mala fides, perversity, violation of natural justice or jurisdictional error
Answer: D
The Court held that the Speaker acts as a Tribunal and his decision is amenable to judicial review under Articles 136, 226 and 227, though confined to jurisdictional error, mala fides, perversity and breach of natural justice; Paragraph 7's bar on review was struck down for want of ratification.
After the Constitution (Forty-fourth Amendment) Act, 1978, the right to property in India is best described as—
aA constitutional/legal right under Article 300A
bA Fundamental Right under Article 31
cA Fundamental Right under Article 19(1)(f)
dOnly a Directive Principle of State Policy
Answer: A
The 44th Amendment repealed Article 19(1)(f) and Article 31 and inserted Article 300A, reducing the right to property from a Fundamental Right to a constitutional legal right under which no person shall be deprived of property save by authority of law.
In Re: The Berubari Union (1960), the Supreme Court advised that the cession of Indian territory to a foreign State can be effected only by—
aAn amendment of the Constitution under Article 368
bAn executive agreement ratified by the President
cA resolution of the Council of States under Article 249
dAn ordinary law of Parliament under Article 3
Answer: A
The Court held Article 3 covers only re-adjustment of territory within the Union and does not authorise cession of territory to a foreign State, which requires a constitutional amendment under Article 368; this led to the Ninth Amendment Act, 1960.
The Constitution (Seventy-third Amendment) Act, 1992 added Part IX 'The Panchayats' and the Eleventh Schedule. The Eleventh Schedule enumerates how many subjects in relation to Panchayats?
a18 subjects
b52 subjects
c12 subjects
d29 subjects
Answer: D
The 73rd Amendment inserted Part IX (Articles 243 to 243-O) and the Eleventh Schedule, which lists 29 subjects (read with Article 243-G) that may be devolved to Panchayats.
In Minerva Mills Ltd. v. Union of India (1980), the Supreme Court struck down the unamended portion of Article 31C (as widened by the 42nd Amendment) primarily because it—
aWas not ratified by half of the State Legislatures
bGave Parliament unlimited power to amend the Constitution and destroyed the balance between Fundamental Rights and Directive Principles, violating the basic structure
cWas enacted without the assent of the President
dEncroached upon the legislative powers of the States in List II
Answer: B
The Court held that the 42nd Amendment's expansion of Article 31C (subordinating Articles 14 and 19 to all Directive Principles) destroyed the harmony and balance between Fundamental Rights and Directive Principles, which is part of the basic structure.
Arrange the following landmark decisions of the Supreme Court on the amending power of Parliament in correct chronological order: (i) Golak Nath v. State of Punjab (ii) Kesavananda Bharati v. State of Kerala (iii) Shankari Prasad v. Union of India (iv) Minerva Mills v. Union of India. Select using the code below.
a(iii), (ii), (i), (iv)
b(i), (ii), (iii), (iv)
c(iii), (i), (ii), (iv)
d(i), (iii), (ii), (iv)
Answer: C
The correct sequence is Shankari Prasad (1951), Golak Nath (1967), Kesavananda Bharati (1973) and Minerva Mills (1980).
Match List-I (Provision) with List-II (Article) and select the correct answer using the code below.
List-I: (A) Power of the President to grant pardons (B) Advisory jurisdiction of the Supreme Court (C) Uniform Civil Code (D) Special address by the President to Parliament
List-II: (1) Article 143 (2) Article 72 (3) Article 87 (4) Article 44
aA-1, B-2, C-3, D-4
bA-2, B-1, C-4, D-3
cA-3, B-1, C-4, D-2
dA-2, B-1, C-3, D-4
Answer: B
Article 72 confers the pardoning power on the President; Article 143 provides the Supreme Court's advisory jurisdiction; Article 44 directs the State to secure a Uniform Civil Code; and Article 87 deals with the President's special address to Parliament.
Which of the following statements regarding the proclamation of a Financial Emergency under Article 360 is correct?
aIt has been proclaimed twice in India since the commencement of the Constitution
bIt must be approved within one month and ceases after six months unless re-approved
cIt can be proclaimed only with the prior recommendation of the Finance Commission
dIt must be approved by both Houses of Parliament within two months and, once approved, continues indefinitely until revoked
Answer: D
A proclamation under Article 360 must be approved by both Houses within two months; once approved it remains in force indefinitely until revoked by a fresh proclamation, and unlike Article 352 it needs no periodic re-approval. A Financial Emergency has never been proclaimed in India.
Under Article 16(4A) of the Constitution, the State may make provision for reservation in matters of promotion, with consequential seniority, in favour of—
aAny backward class of citizens not adequately represented in services
bOther Backward Classes only, as identified by the National Commission for Backward Classes
cThe Scheduled Castes and the Scheduled Tribes which, in the opinion of the State, are not adequately represented in the services under the State
dEconomically weaker sections of citizens
Answer: C
Article 16(4A), inserted by the 77th Amendment (and amended by the 85th Amendment to add consequential seniority), enables reservation in promotion only for the Scheduled Castes and Scheduled Tribes who are not adequately represented in State services.
Roscoe Pound's theory of 'social engineering' is principally concerned with:
aDiscovering the spirit of the people (Volksgeist) in law
bTracing law to a presupposed basic norm
cBalancing competing individual, public and social interests with minimum friction and waste
dReducing all law to the command of the sovereign
Answer: C
Pound, of the sociological school, viewed law as a means of social engineering to satisfy the maximum of wants with the minimum of friction and waste by balancing conflicting interests.
The theory that law is the expression of the 'Volksgeist' (the common consciousness or spirit of the people) is associated with which jurist of the Historical School?
aRudolf von Ihering
bFriedrich Karl von Savigny
cGeorge Friedrich Puchta
dSir Henry Maine
Answer: B
Savigny, founder of the Historical School, held that law grows organically with the people as an expression of their Volksgeist and cannot be made arbitrarily by a legislator.
Match List-I (Jurist) with List-II (Theory/Concept) and select the correct answer:
List-I: (A) Jeremy Bentham (B) Rudolf von Ihering (C) Leon Duguit (D) John Rawls
List-II: (1) Social Solidarity (2) Theory of Justice as fairness (3) Utilitarianism / felicific calculus (4) Law as a means to a social purpose
aA-3, B-4, C-1, D-2
bA-2, B-4, C-1, D-3
cA-3, B-1, C-4, D-2
dA-4, B-3, C-2, D-1
Answer: A
Bentham is the founder of utilitarianism (felicific calculus); Ihering saw law as a means to a social purpose; Duguit built his doctrine on social solidarity; Rawls propounded justice as fairness.
Salmond classified legal rights into 'rights in rem' and 'rights in personam'. A right in rem is best described as:
aA right arising only out of contract
bA right that cannot be enforced in a court of law
cA right available against the world at large
dA right available against a determinate individual only
Answer: C
A right in rem avails against persons generally (the whole world), whereas a right in personam avails only against a determinate person or persons, such as a contracting party.
In the theory of possession, Savigny held that possession consists of two elements. The mental element, the intention to hold the thing as one's own to the exclusion of others, is termed:
aDetentio
bCorpus possessionis
cQuasi-possession
dAnimus domini (animus possidendi)
Answer: D
Savigny's theory of possession requires corpus (physical control) and animus (animus domini/possidendi, the intention to exclude others); the mental element is the animus.
Which of the following is a kind of legal liability that does NOT require proof of mens rea or fault on the part of the defendant?
aStrict (absolute) liability
bPenal liability
cRemedial liability
dVicarious liability
Answer: A
Strict or absolute liability is imposed irrespective of fault or mens rea, the very point distinguishing it from ordinary penal liability which generally requires a guilty mind.
The doctrine of 'stare decisis' under the theory of precedent means that:
aEvery decision of a court binds only the parties to that case
bA subordinate court's decision binds a co-ordinate court
cCourts are bound to follow the principle laid down in earlier decisions of higher or equal courts
dObiter dicta of a superior court are absolutely binding
Answer: C
Stare decisis (to stand by decided matters) obliges courts to follow the ratio decidendi of earlier binding decisions; only the ratio binds, while obiter dicta have persuasive value only.
Lon L. Fuller's idea of the 'inner morality of law', consisting of eight principles such as generality, promulgation, clarity and non-contradiction, is best described as:
aA purely positivist account divorcing law from morality
bA procedural natural-law account linking the existence of law to moral standards of legality
cA historical theory of Volksgeist
dA command theory of sovereignty
Answer: B
Fuller's eight desiderata constitute the 'inner morality of law', a procedural natural-law thesis arguing that a system failing these standards is not merely bad law but fails to be law at all.
The Supreme Court invoked the doctrine of 'constitutional morality' over prevailing social or popular morality to strike down a discriminatory practice in:
aState of Bombay v. Narasu Appa Mali
bA.K. Gopalan v. State of Madras
cADM Jabalpur v. Shivkant Shukla
dIndian Young Lawyers Association v. State of Kerala (Sabarimala)
Answer: D
In the Sabarimala case, the Supreme Court held that constitutional morality, not notions of popular or social morality, must prevail in testing the validity of exclusionary religious practices.
In Hohfeld's scheme of fundamental legal conceptions, the jural opposite of 'immunity' is:
aDuty
bNo-right
cDisability
dLiability
Answer: D
In Hohfeld's table of jural opposites the pairs are right/no-right, privilege/duty, power/disability and immunity/liability; hence the jural opposite of immunity is liability (its correlative being disability).
According to Salmond, a right which arises only on the violation of another right and which generally seeks compensation or enforcement is called a:
aRemedial or sanctioning right
bAntecedent or primary right
cPerfect right
dRight in rem
Answer: A
Salmond divides rights into primary (antecedent) rights, which exist independently of any wrong, and remedial (sanctioning) rights, which come into being only upon the breach of a primary right to provide relief or enforcement.
Under Section 2(1) of the Bharatiya Sakshya Adhiniyam, 2023 (BSA), a fact is said to be 'proved' when, after considering the matters before it, the Court either believes it to exist or
afinds that its existence has been admitted by the opposite party in the pleadings
bpresumes its existence because no evidence has been led to disprove it
cis satisfied of its existence beyond all reasonable doubt in every case, whether civil or criminal
dconsiders its existence so probable that a prudent man ought, under the circumstances of the particular case, to act upon the supposition that it exists
Answer: D
The definition clause in Section 2(1) of the BSA defines 'proved' by the prudent-man standard: a fact is proved when the Court believes it exists or considers its existence so probable that a prudent man ought to act on the supposition that it exists. Proof beyond reasonable doubt is the criminal standard of appreciation, not the statutory definition itself.
Where one fact is declared by the Bharatiya Sakshya Adhiniyam, 2023 (BSA) to be 'conclusive proof' of another, the Court
ashall, on proof of the one fact, regard the other as proved and shall not allow evidence to be given for the purpose of disproving it
bmay, on proof of the one fact, regard the other as proved unless and until it is disproved
cshall presume the other unless the party interested calls for proof of it
dshall regard the other as proved but may allow rebuttal evidence in criminal cases only
Answer: A
Under the definition of 'conclusive proof' in Section 2(1) of the BSA, when one fact is conclusive proof of another, the Court must regard the other as proved and shall NOT allow evidence to be given to disprove it. The 'unless and until disproved' formula belongs to 'may presume'/'shall presume', not 'conclusive proof'.
A statement made by a person as to the cause of his death, or as to any circumstances of the transaction which resulted in his death, is relevant under Section 26(a) of the Bharatiya Sakshya Adhiniyam, 2023 (BSA)
aonly if the person was under expectation of death when the statement was made
bonly in a trial for murder or culpable homicide and not in any civil proceeding
cwhether or not the person was, at the time of making it, under expectation of death, and whatever may be the nature of the proceeding in which the cause of his death comes into question
donly if the statement was recorded by a Magistrate
Answer: C
Unlike English law, Section 26(a) of the BSA does not require that the declarant be under expectation of death, and the statement is relevant in any proceeding where the cause of death is in question (including civil suits). Recording by a Magistrate is not a precondition of relevancy.
Where, in consequence of information received from an accused person in the custody of a police officer, a fact is discovered, the proviso to Section 23(2) of the Bharatiya Sakshya Adhiniyam, 2023 (BSA) permits proof of
aso much of such information, whether it amounts to a confession or not, as relates distinctly to the fact thereby discovered
bthe information only if it was recorded in writing and signed by the accused
conly that part of the information which does not amount to a confession
dthe entire information given by the accused, whether or not it amounts to a confession
Answer: A
The proviso to Section 23(2) of the BSA is an exception to the bar on confessions in police custody and lets in only 'so much of such information... as relates distinctly to the fact thereby discovered', regardless of whether it amounts to a confession. The whole statement is not admissible.
A confession made by an accused person to a police officer
amay be proved only if it leads to the discovery of a fact
bmay be proved if made in the immediate presence of a Magistrate
cshall not be proved as against a person accused of any offence
dmay be proved if the police officer is of the rank of Inspector or above
Answer: C
Section 23(1) of the BSA lays down an absolute bar: no confession made to a police officer shall be proved against the accused. The 'immediate presence of a Magistrate' relaxation in clause (b) belongs to Section 23(2) BSA (confession in police custody), not to Section 23(1).
Under Section 22 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA), a confession is irrelevant in a criminal proceeding when it appears to the Court to have been caused by an inducement, threat, coercion or promise which
ahas reference to the charge against the accused and proceeds from a person in authority, being sufficient to give the accused reasonable grounds for supposing he would gain an advantage or avoid an evil of a temporal nature
bis made after the accused has been formally charged before a Magistrate
cproceeds from any private person unconnected with the case
drelates to a spiritual or religious advantage held out to the accused
Answer: A
Section 22 of the BSA renders a confession irrelevant where the inducement, threat, coercion or promise (i) has reference to the charge, (ii) proceeds from a person in authority, and (iii) is sufficient to give the accused reasonable grounds for supposing he would gain a temporal advantage or avoid a temporal evil. A spiritual exhortation does not fall within Section 22.
'When any fact is especially within the knowledge of any person, the burden of proving that fact is upon him.' This rule is contained in
aSection 109 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA)
bSection 106 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA)
cSection 104 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA)
dSection 108 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA)
Answer: A
This is the exact language of Section 109 of the BSA. Section 104 lays down the general rule of burden of proof, Section 106 deals with burden as to a particular fact, and Section 108 deals with the burden of proving that the accused's case falls within a General Exception.
When a person is accused of an offence and claims the benefit of a General Exception in the Bharatiya Nyaya Sanhita, the burden of proving the existence of circumstances bringing the case within that exception
ais upon the accused only where the offence is punishable with death
bnever shifts and is always discharged by mere plea
cremains throughout on the prosecution beyond reasonable doubt
dis upon the accused, and the Court shall presume the absence of such circumstances
Answer: D
Under Section 108 of the BSA, where the accused pleads a General Exception (e.g., private defence, insanity), the burden of proving the circumstances is on him, and the Court shall presume the absence of such circumstances. The standard on the accused is preponderance of probabilities, not beyond reasonable doubt.
The fact that a person was born during the continuance of a valid marriage between his mother and any man, or within two hundred and eighty days after its dissolution (the mother remaining unmarried), is, under Section 116 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA),
aconclusive proof of legitimacy unless it is shown that the parties to the marriage had no access to each other at any time when he could have been begotten
brelevant only for the purpose of succession and not legitimacy
cconclusive proof of legitimacy which cannot be displaced by any evidence whatsoever
da may-presume fact of legitimacy
Answer: A
Section 116 of the BSA makes such birth conclusive proof of legitimacy, but the conclusiveness is subject to the single statutory exception of non-access between the spouses at any time when the child could have been begotten. It is therefore not entirely irrebuttable.
In a prosecution for rape under the specified clauses of Section 64(2) of the Bharatiya Nyaya Sanhita, where sexual intercourse by the accused is proved and the woman states in her evidence that she did not consent, Section 120 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA) directs that the Court
ashall presume that she did not consent
bmay presume consent unless the contrary is shown by the prosecutrix
cmay presume that she did not consent
dshall regard absence of consent as conclusively proved
Answer: A
Section 120 of the BSA raises a mandatory 'shall presume' against consent in the enumerated aggravated-rape situations once intercourse is proved and the prosecutrix deposes to absence of consent. It is a rebuttable presumption, not conclusive proof.
When the Court has to form an opinion upon a point of foreign law, or of science or art, or as to identity of handwriting or finger impressions, the opinions of persons specially skilled in such matters are relevant. This is provided in
aSection 39 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA)
bSection 72 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA)
cSection 55 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA)
dSection 47 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA)
Answer: A
Section 39(1) of the BSA makes the opinions of experts on foreign law, science, art, handwriting or finger impressions relevant. Section 47 deals with opinion as to handwriting by persons acquainted with it, Section 55 with oral evidence being direct, and Section 72 with comparison of signatures/writings by the Court.
Following the principle laid down in Anvar P.V. v. P.K. Basheer (2014) 10 SCC 473 (decided under the corresponding earlier provision), secondary evidence of the contents of an electronic record (such as a CD or VCD) under the Bharatiya Sakshya Adhiniyam, 2023 (BSA)
ais admissible if proved by oral evidence of the person who operated the computer
bis inadmissible unless accompanied by the certificate required under Section 63(4) of the Bharatiya Sakshya Adhiniyam, 2023 (BSA)
ccan never be admitted in evidence under any circumstances
dis admissible as documentary evidence even without a certificate under Section 63
Answer: B
Anvar P.V. held that the certificate regime for electronic records is a complete code and that secondary evidence of an electronic record is inadmissible without the statutory certificate; under the BSA this requirement is now contained in Section 63(4). Primary electronic evidence (Section 57 read with Section 58 BSA) needs no such certificate.
Under Section 124 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA), who may testify?
aOnly persons who can read and write the language of the Court
bOnly persons who have attained the age of majority
cOnly persons who are not interested in the result of the proceeding
dAll persons, unless the Court considers that they are prevented from understanding the questions put to them, or from giving rational answers, by tender years, extreme old age, disease, or any other cause of the same kind
Answer: D
Section 124 BSA makes all persons competent to testify; incompetency arises only where a person cannot understand the questions or give rational answers due to tender years, extreme old age, disease or a like cause. There is no minimum age, literacy or disinterestedness requirement for competency.
With respect to the testimony of an accomplice, the Bharatiya Sakshya Adhiniyam, 2023 (BSA) provides under Section 138 that
aan accomplice is not a competent witness and his evidence must always be excluded
ban accomplice may testify only after being granted a pardon
can accomplice is a competent witness but his evidence must be corroborated in every material particular as a rule of law
dan accomplice is a competent witness, and a conviction is not illegal merely because it proceeds upon the corroborated testimony of an accomplice
Answer: D
As ENACTED, Section 138 BSA reads: 'An accomplice shall be a competent witness against an accused person; and a conviction is not illegal if it proceeds upon the corroborated testimony of an accomplice.' The enacted text uses the word 'corroborated' (a departure from the 'uncorroborated' wording of the repealed Section 133 of the Indian Evidence Act, 1872). The need for corroboration in material particulars also flows from the rule of prudence in Illustration (b) to Section 119 BSA, and a pardon is not a precondition of competency.
Under Section 148 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA), where it is intended to contradict a witness by a previous statement made by him in writing,
athe contradiction can be made only in re-examination, not in cross-examination
bthe writing can be used only if it was made on oath
cthe writing must be shown to and proved against the witness before he can be cross-examined about it
dhis attention must, before the writing can be proved, be called to those parts of it which are to be used for the purpose of contradicting him
Answer: D
Section 148 BSA allows cross-examination as to previous statements in writing without first showing the writing; but if the witness is to be contradicted by it, his attention must be drawn to the relevant parts before the writing can be proved. The statement need not have been made on oath.
Under the Bharatiya Sakshya Adhiniyam, 2023, which section bars a confession made to a police officer from being proved against a person accused of any offence?
aSection 22
bSection 24
cSection 23
dSection 25
Answer: C
Section 23 of the BSA, 2023 deals with confessions to police: Section 23(1) provides that no confession made to a police officer shall be proved against a person accused of any offence (corresponding to the old Section 25 of the Indian Evidence Act). Section 22 BSA, by contrast, deals with confessions caused by inducement, threat, coercion or promise.
Under the Bharatiya Sakshya Adhiniyam, 2023, the principle that so much of information received from an accused in police custody as relates distinctly to the fact thereby discovered may be proved, is contained in—
aSection 24
bThe proviso to Section 23(2)
cSection 26
dSection 27
Answer: B
In the BSA, 2023 the old Sections 25, 26 and 27 of the Evidence Act are consolidated into Section 23; the proviso to Section 23(2) preserves the 'fact discovered' rule (formerly Section 27 IEA).
A dies of injuries. Before death he tells a Magistrate the name of his assailant and how he was attacked. Under the Bharatiya Sakshya Adhiniyam, 2023, the relevancy of such a statement (dying declaration) falls under—
aSection 32
bSection 27
cSection 33
dSection 26
Answer: D
Statements by persons who cannot be called as witnesses, including dying declarations as to cause of death, are made relevant by Section 26 of the BSA, 2023 (corresponding to the old Section 32 IEA).
Under Section 9 of the Code of Civil Procedure, 1908, the Courts have jurisdiction to try all suits of a civil nature excepting those of which their cognizance is either expressly or impliedly barred. With reference to this provision, which of the following statements is correct?
aThe exclusion of the jurisdiction of a civil court is not to be readily inferred and the burden of proving such exclusion lies on the party asserting it
bThe expression 'civil nature' is wider than the expression 'civil proceeding' used elsewhere in the Code
cA suit relating purely to a religious office to which no fee or property is attached is a suit of a civil nature triable by a civil court
dA civil court can entertain a suit even where a special tribunal has been created and the right and remedy both are created by the special statute
Answer: A
Section 9 lays down that exclusion of civil court jurisdiction must be expressly or by clear implication shown, and the burden lies on the party pleading ouster (Dhulabhai v. State of M.P.). A suit for a religious office without attached fee/property is not maintainable as it is not about civil rights.
Explanation VIII to Section 11 of the Code of Civil Procedure, 1908 (inserted by the Amendment Act of 1976) provides that an issue heard and finally decided by a court of limited jurisdiction, competent to decide such issue, shall operate as res judicata in a subsequent suit. The effect of this Explanation is that:
aA decision of a court of limited jurisdiction can never operate as res judicata in a subsequent suit before a court of unlimited jurisdiction
bThe former court must have been competent to try the subsequent suit also for res judicata to apply
cRes judicata under Section 11 applies only between courts of co-equal or higher pecuniary jurisdiction
dA decision of a court of limited pecuniary jurisdiction will bar a subsequent suit notwithstanding that such court was not competent to try the subsequent suit
Answer: D
Explanation VIII removed the requirement that the former court be competent to try the subsequent suit; a decision of a court of limited jurisdiction competent to decide that issue operates as res judicata even if it could not try the later suit.
A foreign judgment is conclusive under Section 13 of the Code of Civil Procedure, 1908, except in the cases specified therein. Which of the following is NOT a ground on which a foreign judgment ceases to be conclusive under Section 13?
aWhere the foreign court has applied a rule of procedure different from that prevailing in India
bWhere it has been obtained by fraud
cWhere it sustains a claim founded on a breach of any law in force in India
dWhere it has not been pronounced by a court of competent jurisdiction
Answer: A
The six exceptions in Section 13(a) to (f) include want of jurisdiction, not on merits, mistake of international/Indian law, opposed to natural justice, obtained by fraud, and breach of Indian law. A mere difference in procedure is not a ground.
Under the Code of Civil Procedure, 1908, the power of the Supreme Court to transfer any suit, appeal or other proceeding from a High Court or other civil court in one State to a High Court or other civil court in any other State is contained in:
aSection 24
bSection 22
cSection 23
dSection 25
Answer: D
Section 25, as substituted in 1976, empowers the Supreme Court to transfer a case from one State to another if expedient for the ends of justice. Section 24 confers the general transfer power on the High Court and District Court.
Under Order VII Rule 11 of the Code of Civil Procedure, 1908, a plaint shall be rejected in certain cases. Which of the following is a ground for rejection of a plaint under Order VII Rule 11?
aWhere the defendant pleads that the suit is barred by res judicata
bWhere the suit appears from the statement in the plaint to be barred by any law
cWhere the defendant produces documents showing the claim is false
dWhere the plaintiff fails to appear on the date of first hearing
Answer: B
Order VII Rule 11(d) requires rejection where the suit appears from the statement in the plaint to be barred by any law. The plea of res judicata, which requires examining the previous suit record, cannot found a rejection under Rule 11.
Under the proviso to Order VIII Rule 1 of the Code of Civil Procedure, 1908, where the defendant fails to file the written statement within thirty days, he shall be allowed to file it on such other day, as may be specified by the court, for reasons to be recorded in writing, but which shall not be later than:
aOne hundred and twenty days from the date of service of summons
bSixty days from the date of service of summons
cNinety days from the date of service of summons
dOne hundred and fifty days from the date of service of summons
Answer: C
Order VIII Rule 1 allows thirty days to file the written statement, extendable up to ninety days from the date of service of summons. In ordinary (non-commercial) suits this outer limit has been held directory (Kailash v. Nanhku).
A decree was passed ex parte against the defendant. The defendant applies under Order IX Rule 13 of the Code of Civil Procedure, 1908 to set aside the ex parte decree. The court may set aside the decree if it is satisfied that:
aThe summons was duly served but the defendant had a good defence on merits
bThe ex parte decree is for an amount exceeding the pecuniary jurisdiction of the court
cThe summons was not duly served, or that the defendant was prevented by any sufficient cause from appearing when the suit was called on for hearing
dThe defendant has a substantial question of law to be decided
Answer: C
Order IX Rule 13 permits setting aside an ex parte decree where the summons was not duly served or the defendant was prevented by sufficient cause from appearing. The proviso bars setting aside on the ground of irregular service if the defendant had notice in time.
During the pendency of a suit, the sole defendant dies and an application to bring his legal representatives on record is not made within the period of limitation prescribed therefor. Under Order XXII Rule 4 read with the Limitation Act, 1963, the consequence is that:
aThe plaintiff is granted a fresh cause of action against the heirs
bThe court must in every case dismiss the suit on merits
cThe suit abates as against the deceased defendant
dThe suit continues and the decree binds the heirs automatically
Answer: C
Where the right to sue survives but no application to substitute the legal representatives is made within the limitation period (90 days under the Limitation Act, 1963), the suit abates as against the deceased defendant under Order XXII Rule 4.
Under Order XXIII Rule 3 of the Code of Civil Procedure, 1908, where a suit has been adjusted wholly or in part by a lawful agreement or compromise, such agreement or compromise must, after the 1976 amendment, be:
aAttested by two witnesses irrespective of writing
bRegistered under the Registration Act in every case
cOral, recorded in the order sheet by the court
dIn writing and signed by the parties
Answer: D
The 1976 amendment to Order XXIII Rule 3 requires the lawful agreement or compromise to be in writing and signed by the parties before the court records it and passes a decree in accordance therewith.
Under Section 96(4) of the Code of Civil Procedure, 1908, no appeal shall lie, except on a question of law, from a decree in any suit of the nature cognizable by Courts of Small Causes, when the amount or value of the subject-matter of the original suit does not exceed:
aThree thousand rupees
bTwenty-five thousand rupees
cFifty thousand rupees
dTen thousand rupees
Answer: D
Section 96(4), as substituted by the 2002 Amendment, bars a first appeal except on a question of law in small-cause-nature suits where the subject-matter does not exceed ten thousand rupees.
Under Section 100 of the Code of Civil Procedure, 1908, a second appeal lies to the High Court from an appellate decree only:
aOn any question of fact or law arising in the case
bWhere the lower appellate court has reversed the decree of the trial court
cWhere the valuation of the suit exceeds one lakh rupees
dIf the High Court is satisfied that the case involves a substantial question of law
Answer: D
After the 1976 amendment, Section 100 permits a second appeal only where the High Court is satisfied that the case involves a substantial question of law, which must be formulated under Section 100(4).
Under Section 102 of the Code of Civil Procedure, 1908, as substituted by the Amendment Act of 2002, no second appeal shall lie from any decree when the subject-matter of the original suit is for recovery of money not exceeding:
aThree thousand rupees
bOne lakh rupees
cTen thousand rupees
dTwenty-five thousand rupees
Answer: D
Section 102, as substituted with effect from 1 July 2002, bars a second appeal where the subject-matter of the original suit is for recovery of money not exceeding twenty-five thousand rupees.
Under Section 115 of the Code of Civil Procedure, 1908, the High Court may call for the record of any case decided by a subordinate court in which no appeal lies, where such subordinate court appears to have:
aRefused to grant an interim injunction to the plaintiff
bExercised a jurisdiction not vested in it by law, or failed to exercise a jurisdiction so vested, or acted with material irregularity in the exercise of its jurisdiction
cDecided a question of fact wrongly on appreciation of evidence
dAwarded costs against the successful party
Answer: B
Revision under Section 115 lies only on the three jurisdictional grounds: exercise of jurisdiction not vested, failure to exercise vested jurisdiction, or acting illegally/with material irregularity in exercise of jurisdiction. It does not correct mere errors of fact or law.
Where, in any suit, a person claims a right to lodge a caveat so that he may be heard before an application made in the contemplated proceeding is granted, the relevant provision of the Code of Civil Procedure, 1908 is:
aSection 153-A
bSection 151
cSection 148-A
dSection 144
Answer: C
Section 148-A, inserted by the 1976 amendment, confers the right to lodge a caveat; the caveat remains in force for ninety days from the date on which it is lodged.
Rule 5 of Order XV of the Code of Civil Procedure, 1908, as inserted by the U.P. Civil Laws (Amendment) Act, 1972 in its application to Uttar Pradesh, empowers the court in a suit by a lessor for eviction of a lessee to strike off the defence where the defendant fails to:
aProduce the lease deed at the first hearing
bFurnish security for the costs of the suit
cFile his written statement within thirty days of the first hearing
dDeposit the entire amount admitted by him to be due together with interest, and thereafter regularly deposit the monthly amount due, as required by that Rule
Answer: D
Under the U.P. amendment, Order XV Rule 5 requires the tenant-defendant to deposit the entire admitted arrears with interest at or before the first hearing and to keep depositing the monthly amount; default empowers the court to strike off the defence, though this penal power is discretionary and the default must be wilful.
In its application to Uttar Pradesh, Section 115 of the Code of Civil Procedure, 1908 (as amended by U.P. Act No. 46 of 1999, w.e.f. 1.7.2002) confers revisional jurisdiction in cases arising out of original suits of value exceeding one lakh rupees upon-
aThe District Court only
bThe High Court
cThe Court of Small Causes
dThe Commercial Court
Answer: B
By the U.P. amendment to Section 115 CPC, the High Court exercises revision in cases of value exceeding one lakh rupees, while the District Court hears revisions in other cases. The threshold may be raised up to five lakh rupees by notification.
Under Section 96(4) of the Code of Civil Procedure, 1908, in a suit of the nature cognizable by Courts of Small Causes, no appeal shall lie except on a question of law where the value of the subject-matter of the original suit does not exceed-
aFive thousand rupees
bTwenty thousand rupees
cThree thousand rupees
dTen thousand rupees
Answer: D
Section 96(4) bars an appeal except on a question of law from a decree in a small-cause-nature suit where the value of the subject-matter does not exceed ten thousand rupees.
Assertion (A): No appeal lies from a decree passed by the court with the consent of the parties. Reason (R): A party who has consented to the terms of a decree cannot be said to be aggrieved by it. Select the correct answer using the code given below:
a(A) is true, but (R) is false
bBoth (A) and (R) are true but (R) is not the correct explanation of (A)
cBoth (A) and (R) are true and (R) is the correct explanation of (A)
d(A) is false, but (R) is true
Answer: C
Section 96(3) CPC bars an appeal from a consent decree, and the rationale is precisely that a consenting party is not an aggrieved party. Hence (R) correctly explains (A).
Under the Bharatiya Nyaya Sanhita, 2023, when a criminal act is done by several persons in furtherance of the common intention of all, each is liable as if the act were done by him alone. This principle of joint liability is contained in:
aSection 61(1)
bSection 3(4)
cSection 3(5)
dSection 34
Answer: C
Section 3(5) BNS re-enacts the old Section 34 IPC, providing that where a criminal act is done by several persons in furtherance of the common intention of all, each is liable as if it were done by him alone.
In the Bharatiya Nyaya Sanhita, 2023, the definition of 'culpable homicide' and the definition of 'murder' are contained respectively in:
aSections 99 and 100
bSections 101 and 103
cSections 299 and 300
dSections 100 and 101
Answer: D
Under the enacted BNS, culpable homicide is defined in Section 100 and murder in Section 101, corresponding to Sections 299 and 300 of the repealed IPC.
Punishment for murder under the Bharatiya Nyaya Sanhita, 2023 is provided in:
aSection 105
bSection 103
cSection 102
dSection 101
Answer: B
Section 103 BNS prescribes the punishment for murder (death or imprisonment for life, plus fine); Section 101 only defines murder, while Section 105 deals with culpable homicide not amounting to murder.
A provision newly framed in the Bharatiya Nyaya Sanhita, 2023 prescribes that when a group of five or more persons acting in concert commits murder on the ground of race, caste or community, sex, place of birth, language, personal belief or any other ground, each member of that group shall be liable. This 'mob lynching' provision is contained in:
aSection 117(4)
bSection 103(2)
cSection 101(2)
dSection 111(2)
Answer: B
Section 103(2) BNS specifically penalises murder committed by a group of five or more persons on grounds such as race, caste, community, sex or personal belief, prescribing death or imprisonment for life or a term not less than seven years.
'Z', a girl below eighteen years of age, commits suicide. It is proved that 'A' instigated her to do so. Under the Bharatiya Nyaya Sanhita, 2023, abetment of suicide of a child or a person with mental illness is dealt with under:
aSection 107
bSection 106
cSection 108
dSection 306
Answer: A
Section 107 BNS specifically deals with abetment of suicide of a child or a person with mental illness, whereas Section 108 covers general abetment of suicide.
The offence of 'snatching', introduced for the first time in the Bharatiya Nyaya Sanhita, 2023, is defined and punished under:
aSection 356
bSection 309
cSection 304
dSection 303
Answer: C
Section 304 BNS introduces 'snatching' as a distinct offence — theft committed by suddenly, quickly or forcibly seizing movable property — punishable with imprisonment up to three years and fine.
'A' is entrusted by 'B' with certain printing blocks for the purpose of printing 'B's catalogue. 'A' instead uses the same blocks to print the catalogue of a rival firm. Under the Bharatiya Nyaya Sanhita, 2023, 'A' is guilty of:
aCheating under Section 318
bCriminal breach of trust under Section 316
cDishonest misappropriation under Section 314
dTheft under Section 303
Answer: B
Property entrusted to the accused that is dishonestly used in violation of the direction of entrustment constitutes criminal breach of trust, punishable under Section 316 BNS.
Under the Bharatiya Nyaya Sanhita, 2023, the offence of robbery is converted into a graver form when, among other circumstances, it is committed on a highway between sunset and sunrise, raising the maximum imprisonment to fourteen years. The provision dealing with robbery is:
aSection 310
bSection 309
cSection 311
dSection 308
Answer: B
Section 309 BNS defines and punishes robbery; ordinary robbery carries up to ten years, but robbery on a highway between sunset and sunrise is punishable with imprisonment up to fourteen years.
Under the Bharatiya Nyaya Sanhita, 2023, the offence of 'criminal conspiracy' is defined in:
aSection 60
bSection 61(1)
cSection 120A
dSection 62
Answer: B
Section 61(1) BNS defines criminal conspiracy as an agreement of two or more persons to do or cause to be done an illegal act, or a legal act by illegal means; Section 61(2) prescribes the punishment.
Under the Bharatiya Nyaya Sanhita, 2023, the right of private defence of the body extends to the voluntary causing of death of the assailant only in the situations enumerated in:
aSection 38
bSection 35
cSection 37
dSection 39
Answer: A
Section 38 BNS (corresponding to old Section 100 IPC) enumerates the assaults — such as those reasonably causing apprehension of death or grievous hurt — in which the right of private defence of the body extends to causing death.
An assembly of five or more persons becomes an 'unlawful assembly' under the Bharatiya Nyaya Sanhita, 2023 if the common object of the persons composing it falls within the enumerated heads. The definition of unlawful assembly is contained in:
aSection 189
bSection 191
cSection 141
dSection 187
Answer: A
Section 189 BNS defines unlawful assembly (an assembly of five or more persons with a specified common object); Section 191 deals with rioting.
Under the Bharatiya Nyaya Sanhita, 2023, the offence of 'organised crime' and the offence of 'terrorist act' — both introduced into the general penal law — are contained respectively in:
aSections 111 and 112
bSections 109 and 110
cSections 113 and 111
dSections 111 and 113
Answer: D
Section 111 BNS defines and punishes organised crime, while Section 113 deals with terrorist act; Section 112 covers petty organised crime.
'A' intentionally puts 'Z' in fear of grievous hurt and thereby dishonestly induces 'Z' to hand over his gold ring. Under the Bharatiya Nyaya Sanhita, 2023, 'A' has committed:
aRobbery under Section 309
bExtortion under Section 308
cCheating under Section 318
dTheft under Section 303
Answer: B
Putting a person in fear of injury and thereby dishonestly inducing the delivery of property is extortion under Section 308 BNS; it does not become robbery unless the fear is of instant death, hurt or wrongful restraint and the offender is present.
Under the Bharatiya Nyaya Sanhita, 2023, the offence of 'defamation' is contained in:
aSection 356
bSection 499
cSection 318
dSection 354
Answer: A
Section 356 BNS deals with defamation, re-enacting old Sections 499 and 500 IPC, with the same ten exceptions and adding community service as a possible punishment.
'A' and 'B', sharing a common intention to commit dacoity, break into 'Z's house. While inside, 'B' alone fatally stabs 'Z'. Under the Bharatiya Nyaya Sanhita, 2023, the provision under which 'A' may be held vicariously liable for the act of 'B' is contained in -
aSection 61 of the Bharatiya Nyaya Sanhita, 2023
bSection 190 of the Bharatiya Nyaya Sanhita, 2023
cSection 34 of the Bharatiya Nyaya Sanhita, 2023
dSection 3(5) of the Bharatiya Nyaya Sanhita, 2023
Answer: D
The principle of joint liability for acts done by several persons in furtherance of a common intention (formerly Section 34 IPC) is now contained in Section 3(5) of the Bharatiya Nyaya Sanhita, 2023.
Under the Bharatiya Nyaya Sanhita, 2023, where a group of five or more persons acting in concert commits murder on the ground of race, caste, community, sex, place of birth, language or personal belief, each member shall be liable to imprisonment for a term which shall not be less than -
aseven years
bfive years
cthree years
dten years
Answer: A
The second part of Section 103 BNS (so-called 'mob lynching' provision) prescribes death or life imprisonment or imprisonment not less than seven years, with fine, for each member of such a group.
Under the Bharatiya Nagarik Suraksha Sanhita, 2023, which one of the following Sections corresponds to the order for maintenance of wives, children and parents (the provision that replaced Section 125 of the Code of Criminal Procedure, 1973)?
aSection 146
bSection 144
cSection 148
dSection 125
Answer: B
Section 144 of the BNSS, 2023 re-enacts the maintenance provision for wives, children and parents that was earlier contained in Section 125 of the CrPC, 1973.
Match List-I (provision under BNSS, 2023) with List-II (subject-matter) and select the correct answer using the code given below: List-I: A. Section 35 B. Section 47 C. Section 144 D. Section 482. List-II: 1. Person arrested to be informed of grounds of arrest and of right to bail 2. When police may arrest without warrant 3. Direction for grant of bail to person apprehending arrest 4. Order for maintenance of wives, children and parents. Code:
aA-2, B-1, C-3, D-4
bA-1, B-2, C-3, D-4
cA-2, B-1, C-4, D-3
dA-1, B-2, C-4, D-3
Answer: C
Under the BNSS, 2023, Section 35 deals with arrest by police without warrant, Section 47 with informing the arrestee of grounds of arrest and right to bail, Section 144 with maintenance, and Section 482 with anticipatory (pre-arrest) bail.
Anticipatory bail, i.e. a direction for grant of bail to a person apprehending arrest, is provided under which Section of the Bharatiya Nagarik Suraksha Sanhita, 2023?
aSection 482
bSection 480
cSection 438
dSection 528
Answer: A
Section 482 of the BNSS, 2023 contains the provision for anticipatory bail, corresponding to the erstwhile Section 438 of the CrPC, 1973.
Which Section of the Bharatiya Nagarik Suraksha Sanhita, 2023 confers inherent powers on the High Court (the provision corresponding to Section 482 of the CrPC, 1973)?
aSection 401
bSection 482
cSection 528
dSection 438
Answer: C
Under the BNSS, 2023 the inherent powers of the High Court are found in Section 528, whereas Section 482 of the BNSS now deals with anticipatory bail.
Information relating to a cognizable offence, popularly called the First Information Report (FIR), and now expressly permitting registration irrespective of the place where the offence is committed (Zero FIR) as well as registration through electronic communication, is provided under which Section of the BNSS, 2023?
aSection 180
bSection 173
cSection 154
dSection 176
Answer: B
Section 173 of the BNSS, 2023 replaces Section 154 of the CrPC and expressly recognises Zero FIR and registration of information by electronic means.
Under the BNSS, 2023, the proviso requiring that for offences punishable with death, imprisonment for life or imprisonment for a term of ten years or more the investigation be completed and the police report filed within ninety days (failing which the accused is entitled to default bail) is found in which Section?
aSection 187
bSection 173
cSection 167
dSection 193
Answer: A
Section 187 of the BNSS, 2023 (corresponding to Section 167 of the CrPC) provides for default bail, fixing ninety days for grave offences and sixty days for others.
Assertion (A): Under the BNSS, 2023, a statement made by a witness to a police officer in the course of investigation need not be signed by the person making it. Reason (R): Section 180 of the BNSS expressly provides that no such statement shall be signed by the person making it, nor shall it be used for any purpose save as provided by the Sanhita. Select the correct answer:
a(A) is true but (R) is false
bBoth (A) and (R) are true but (R) is not the correct explanation of (A)
cBoth (A) and (R) are true and (R) is the correct explanation of (A)
d(A) is false but (R) is true
Answer: C
Section 180 of the BNSS, 2023 (corresponding to Section 162 CrPC) bars the signing of statements recorded by the police during investigation, which is precisely why such statements remain unsigned.
Under Section 35(7) of the BNSS, 2023, in the case of an offence punishable with imprisonment for less than three years, a person who is infirm or above sixty years of age shall not be arrested without the prior permission of an officer not below the rank of-
aJudicial Magistrate of the first class
bSuperintendent of Police
cOfficer in charge of a police station
dDeputy Superintendent of Police
Answer: D
Section 35(7) of the BNSS, 2023 requires prior permission of an officer not below the rank of Deputy Superintendent of Police before arresting an infirm person or one above sixty years for an offence punishable with less than three years' imprisonment.
Which one of the following is correctly matched with respect to the BNSS, 2023?
aSection 35 - Arrest how made
bSection 43 - Arrest how made
cSection 47 - Arrest by Magistrate
dSection 528 - Anticipatory bail
Answer: B
Under the BNSS, 2023, Section 43 prescribes the mode of effecting an arrest ('arrest how made'); Section 35 deals with arrest without warrant, Section 47 with grounds of arrest, and Section 528 with inherent powers of the High Court.
Mercy petition in death sentence cases is, for the first time, given statutory recognition in the BNSS, 2023. A convict under sentence of death may file a mercy petition before the President or the Governor within how many days of being informed by the Superintendent of jail about the dismissal of his appeal/review/SLP or confirmation of the death sentence?
aThirty days
bSeven days
cFifteen days
dSixty days
Answer: A
Section 472 of the BNSS, 2023 newly provides that a mercy petition may be filed within thirty days of the jail Superintendent's intimation; on rejection by the Governor, a petition to the President must follow within sixty days.
Under Section 176 of the BNSS, 2023, in respect of an offence punishable with imprisonment for seven years or more, it is now mandatory that-
aa forensic expert visit the crime scene to collect forensic evidence and videograph the process
bthe investigation be completed within fifteen days
cthe accused be produced before the Sessions Court within twenty-four hours
dthe trial be conducted in camera
Answer: A
Section 176 of the BNSS, 2023 makes it mandatory, for offences punishable with seven years' imprisonment or more, for a forensic expert to visit the crime scene to collect forensic evidence and to videograph the process on a mobile phone or electronic device.
Cognizance of an offence by a Magistrate of the first class (and any Magistrate of the second class specially empowered) upon receiving a complaint, upon a police report, or upon information received from any person other than a police officer, is dealt with under which Section of the BNSS, 2023?
aSection 223
bSection 190
cSection 210
dSection 200
Answer: C
Section 210 of the BNSS, 2023 corresponds to Section 190 of the CrPC and provides for the taking of cognizance of offences by Magistrates.
Match List-I (subject-matter) with List-II (Section of the BNSS, 2023) and select the correct answer using the code given below: List-I: A. First Information Report B. Default bail on failure to complete investigation in time C. Mercy petition in death sentence cases D. Inherent powers of the High Court. List-II: 1. Section 528 2. Section 173 3. Section 472 4. Section 187. Code:
aA-1, B-4, C-3, D-2
bA-2, B-4, C-1, D-3
cA-2, B-4, C-3, D-1
dA-2, B-3, C-4, D-1
Answer: C
Under the BNSS, 2023: FIR is Section 173, default bail is Section 187, mercy petition is Section 472, and inherent powers of the High Court are in Section 528.
cSection 173 - Information in cognizable cases (FIR)
dSection 144 - Maintenance of wives, children and parents
Answer: A
Under the BNSS, 2023, Section 482 deals with anticipatory bail, not inherent powers; the inherent powers of the High Court are contained in Section 528, so option (c) is the wrongly matched pair.
Under the BNSS, 2023, the obligation of a person arrested without warrant to be informed forthwith of the grounds of his arrest, and where the offence is bailable, of his right to be released on bail, is contained in which Section?
aSection 58
bSection 47
cSection 50
dSection 41
Answer: B
Section 47 of the BNSS, 2023 (corresponding to Section 50 of the CrPC) requires a person arrested without warrant to be informed of the grounds of arrest and, in bailable cases, of the right to bail.
Under the Bharatiya Nagarik Suraksha Sanhita, 2023, an information relating to the commission of a cognizable offence may now be given through electronic communication. Which Section embodies this provision for registration of First Information Report, including by electronic means?
aSection 173
bSection 154
cSection 187
dSection 175
Answer: A
Section 173 BNSS replaces the old Section 154 CrPC and expressly permits information about a cognizable offence to be given electronically (to be signed within three days), reflecting the 'zero FIR' and 'e-FIR' reforms.
Which Section of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with the maximum period of detention of an undertrial prisoner and provides for release on bond after specified portions of the maximum sentence have been undergone?
aSection 479
bSection 480
cSection 436A
dSection 483
Answer: A
Section 479 BNSS (corresponding to the former Section 436A CrPC) governs the maximum period for which an undertrial may be detained; a first-time offender becomes entitled to release on bond after undergoing one-third of the maximum imprisonment.
Under Article 23 of the Charter of the United Nations, the Security Council consists of fifteen members. Of these, the number of non-permanent members elected by the General Assembly is -
aSix
bEleven
cTen
dEight
Answer: C
Article 23 fixes the Security Council at fifteen members - five permanent and ten non-permanent members elected by the General Assembly (raised from six by the 1965 amendment).
Under Article 27 of the U.N. Charter, a decision of the Security Council on a non-procedural (substantive) matter requires an affirmative vote of nine members including -
aAny nine members irrespective of permanent membership
bThe concurring votes of all five permanent members
cThe concurring votes of any three permanent members
dA two-thirds majority of all members present and voting
Answer: B
Article 27(3) requires nine affirmative votes including the concurring votes of the five permanent members for substantive decisions; this is the basis of the veto power.
The sources of international law that the International Court of Justice shall apply are enumerated in which Article of the Statute of the International Court of Justice?
aArticle 41
bArticle 36
cArticle 34
dArticle 38
Answer: D
Article 38(1) of the ICJ Statute lists international conventions, international custom, general principles of law, and (as subsidiary means) judicial decisions and the teachings of qualified publicists.
Under Article 13 of the Statute of the International Court of Justice, the members of the Court are elected for a term of -
aTwelve years
bFive years
cSix years
dNine years
Answer: D
Article 13 of the ICJ Statute provides that judges are elected for nine years and may be re-elected; five of the fifteen seats fall vacant every three years.
Which of the following statements regarding contentious jurisdiction of the International Court of Justice is correct in light of its Statute?
aBoth States and international organisations may be parties in cases before the Court
bOnly States may be parties in cases before the Court
cIndividuals may be parties in cases before the Court
dOnly members of the United Nations may be parties before the Court
Answer: B
Article 34(1) of the ICJ Statute expressly provides that only States may be parties in cases before the Court; individuals and organisations cannot be parties to contentious proceedings.
The International Court of Justice may decide a case ex aequo et bono (according to what is fair and good, going beyond strict legal rules) -
aOnly in advisory proceedings
bIn every contentious case as a matter of course
cOnly if the parties to the dispute agree thereto
dOnly with the prior approval of the Security Council
Answer: C
Article 38(2) of the ICJ Statute permits the Court to decide a case ex aequo et bono only if the parties agree; this power has not yet been exercised by the Court.
Under the Charter of the United Nations, the threat or use of force against the territorial integrity or political independence of any State is prohibited by -
aArticle 2(7)
bArticle 2(3)
cArticle 2(4)
dArticle 51
Answer: C
Article 2(4) of the U.N. Charter prohibits the threat or use of force against the territorial integrity or political independence of any State; it is regarded as a cornerstone of the Charter.
The inherent right of individual or collective self-defence, which arises 'if an armed attack occurs against a Member of the United Nations', is recognised under which Article of the U.N. Charter?
aArticle 53
bArticle 51
cArticle 42
dArticle 39
Answer: B
Article 51 preserves the inherent right of individual or collective self-defence if an armed attack occurs, until the Security Council has taken measures to maintain peace and security.
Under Article 99 of the U.N. Charter, who may bring to the attention of the Security Council any matter which in his opinion may threaten the maintenance of international peace and security?
aThe President of the International Court of Justice
bThe Secretary-General
cThe President of the Economic and Social Council
dThe President of the General Assembly
Answer: B
Article 99 empowers the Secretary-General to bring to the Security Council's attention any matter that may threaten international peace and security; it is regarded as the only independent political power of the office.
Amendments to the U.N. Charter come into force when adopted by a two-thirds vote of the General Assembly and ratified by two-thirds of the members of the United Nations. This is provided in -
aArticle 105
bArticle 108
cArticle 110
dArticle 109
Answer: B
Article 108 requires a two-thirds vote of the General Assembly and ratification by two-thirds of U.N. members, including all five permanent members of the Security Council, for a Charter amendment to enter into force.
Under the U.N. Charter, the admission of a new State to membership of the United Nations is effected by -
aA decision of the Secretary-General with the consent of the permanent members
bA decision of the General Assembly upon the recommendation of the Security Council
cA decision of the International Court of Justice
dA decision of the Security Council alone
Answer: B
Article 4(2) of the U.N. Charter provides that admission of a new State is effected by a decision of the General Assembly upon the recommendation of the Security Council.
Under Article 9 of the Vienna Convention on Diplomatic Relations, 1961, the receiving State may declare a member of the diplomatic staff 'persona non grata' -
aOnly after giving reasons and obtaining consent of the sending State
bOnly after the diplomat has been convicted of a crime
cOnly with the prior approval of the International Court of Justice
dAt any time and without having to explain its decision
Answer: D
Article 9 of the VCDR allows the receiving State, at any time and without explaining its decision, to declare a diplomat persona non grata, whereupon the sending State must recall him or terminate his functions.
Inviolability of the premises of a diplomatic mission, so that agents of the receiving State may not enter them except with the consent of the head of mission, is guaranteed by which Article of the Vienna Convention on Diplomatic Relations, 1961?
aArticle 22
bArticle 29
cArticle 37
dArticle 31
Answer: A
Article 22 of the VCDR declares the premises of the mission inviolable and immune from search, requisition, attachment or execution; Article 29 separately protects the person of the diplomatic agent.
Among the principal organs of the United Nations, which one suspended its operations on 1 November 1994 after the last trust territory (Palau) attained independence?
aThe Economic and Social Council
bThe Military Staff Committee
cThe Trusteeship Council
dThe Secretariat
Answer: C
The Trusteeship Council suspended operations on 1 November 1994 after Palau, the last U.N. trust territory, became independent; it remains a principal organ but no longer meets annually.
Match List-I (concept) with List-II (instrument/provision) and select the correct answer using the codes given below:
List-I: (A) Sources of international law (B) Right of self-defence (C) Veto in Security Council (D) Persona non grata
List-II: (1) Article 51, U.N. Charter (2) Article 9, Vienna Convention on Diplomatic Relations 1961 (3) Article 38, ICJ Statute (4) Article 27, U.N. Charter
aA-1, B-3, C-2, D-4
bA-3, B-4, C-1, D-2
cA-3, B-1, C-4, D-2
dA-2, B-1, C-4, D-3
Answer: C
Sources of international law - Art 38 ICJ Statute; self-defence - Art 51 Charter; veto/voting - Art 27 Charter; persona non grata - Art 9 VCDR 1961.
Under which Article of the Statute of the International Court of Justice are the sources of international law enumerated?
aArticle 38
bArticle 59
cArticle 34
dArticle 36
Answer: A
Article 38(1) of the ICJ Statute lists international conventions, international custom, general principles of law recognised by civilised nations, and (as subsidiary means) judicial decisions and juristic writings.
Which Article of the Statute of the International Court of Justice provides that the Court shall consist of fifteen members, no two of whom may be nationals of the same State?
aArticle 3
bArticle 2
cArticle 13
dArticle 4
Answer: A
Article 3(1) of the ICJ Statute fixes the composition of the Court at fifteen members, and bars two of them from being nationals of the same State.
Under Section 4 of the Indian Contract Act, 1872, the communication of an acceptance is complete as against the proposer-
awhen the proposer despatches a confirmation to the acceptor
bwhen it is put in a course of transmission to him, so as to be out of the power of the acceptor
cwhen the acceptor has the means of knowing the acceptance
dwhen it comes to the knowledge of the proposer
Answer: B
Section 4 provides that communication of acceptance is complete, as against the proposer, when it is put in a course of transmission to him so as to be out of the power of the acceptor; and as against the acceptor, when it comes to the knowledge of the proposer.
In Mohori Bibee v. Dharmodas Ghose, the Privy Council held that an agreement entered into by a minor is-
avoidable at the option of the minor
bvalid but unenforceable against the minor
cvoid ab initio
dvoidable at the option of the other party
Answer: C
Read with Section 11 of the Indian Contract Act, 1872, the Privy Council held that a minor is not competent to contract and therefore an agreement by a minor is void ab initio, not merely voidable.
Where necessaries suited to his condition in life are supplied to a minor, the supplier under Section 68 of the Indian Contract Act, 1872 is entitled to be reimbursed-
afrom the minor personally, by way of a personal decree
bfrom the guardian of the minor in his personal capacity
cboth from the minor personally and from his property
dfrom the property of the minor
Answer: D
Section 68 imposes no personal liability on the minor; the supplier of necessaries is entitled to reimbursement only out of the property of the incapable person.
An agreement made without consideration is valid under Section 25 of the Indian Contract Act, 1872 if it is-
amade orally on account of natural love and affection between near relations
ba promise to pay any debt, whether or not barred by limitation
ca promise to do something which the promisor was already bound to do
dexpressed in writing and registered, and made on account of natural love and affection between parties standing in a near relation to each other
Answer: D
Under the first exception to Section 25, an agreement without consideration is valid only if it is in writing, registered, and made out of natural love and affection between parties standing in a near relation.
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