Bihar APO Mock Test-4

BIHAR APO MOCK TEST-4

Download Bihar APO Mock Test 4 PDF

1. Order for disposal of property, at conclusion of trial by Criminal Court. What is not correct?

a. By destruction

b. By confiscation

c. Delivery to any person claiming to be entitled to possession

d. By declaration of title of any person to the ownership of property

2. Which writ can be issued when appointment is contrary to the statutory provisions?

a. Mandamus

b. Certiorari

c. Quo warranto

d. Prohibition

3. Which Article in Part IV of the Constitution pro-vides for Promotion of Education and Economic Interest of the weaker section?

a. 36

b. 46

c. 59

d. 69

4. Which one of the following statements is correct?

Where a police constable fires upon a mob under the orders of his superior officer and thereby kills a person

a. The constable is not liable because he had no intention to kill

b. The constable is not liable because he is permitted to fire and kill

c. The constable is not liable because he, in good faith believed himself to be bound by law to obey the orders of his superior officer

d. The constable is not liable because it was a mistake

5. “It is a statement of claim, a document by presentation of which the suit is instituted”, It is called as

a. Affidavit

b. Written-statement

c. Counter-claim

d. Plaint

6. In which Section of the BSA, provision for 'Presumption as to genuineness of certified copies' is given?

a. Section 78

b. Section 70

c. Section 79

d. Section 80

7. For which one of the following offences under Bhartiya Nagarik Suraksha Sanhita, 2023 application for anticipatory bail under Section 482 can be moved?

a. Bailable offence

b. Non-bailable offence

c. Cognizable offence

d. Non-cognizable offence

8. When the High Court or any Sessions Judge calls for to examine the record of any proceeding before any inferior criminal court, it is known as:

a. Reference

b. Review

c. Revision

d. None of the above

9. Which of the following is true and correct regarding Art. 14 of the Constitution of India?

a. It forbids class legislation

b. It allows reasonable classification

c. Both. It forbids class legislation and allows rea-sonable classification

d. None of these

10. The Supreme Court has held that prostitutes are entitled to a life of dignity under Article 21 of the Constitution. The statement is: —

a. True

b. False

c. Partly correct

d. None of the above

11. Who, according to Section 2(28) of Bharatiya Nyaya Sanhita, 2023, is not a public servant:

a. A commissioned officer in Indian Army, Navy, and Air Force

b. An arbitrator to whom any cause has been referred for adjudication by the court of justice.

c. An officer, who, by virtue of his office, is empowered to place or keep any person in confinement.

d. An advocate, who practices law in a court of justice.

12. Which one of the following sections of the BNS provides that right of private defence of body extends to causing any harm other than death?

a. Section 37

b. Section 38

c. Section 41

d. Section 39

13. ln how many years a sentences of imprisonment for life can be commuted by the Government (as per sec 474 of BNSS)

a. Not less than 20 years

b. Not less than 18 years

c. Not less than seven years

d. Not less than12 years

14. Why is the writ of ‘mandamus’ issued?

a. To direct Public Authority to perform its public duty

b. To Quash quasi-judicial proceedings

c. To Quash illegal appointment in public office

d. To prohibit a person from holding public office

15. Which of the following statements is incorrect?

a. An act done by a child below five years of age is not an offence

b. An act done by a child of eight years of age is not an offence

c. An act done by a child of nine years of age, who has not attained sufficient maturity of understanding to judge the nature and consequences of his conduct on that occasion, is not an offence

d. An act done by a child of twelve years of age is not an offence if at the time of doing the act, he is incapable of knowing the nature of the act on account of intoxication caused against his will.

16. "Written document must be proved by writing only", this maxim has been incorporated under which of the following sections of BSA

a. Section 89

b. Section 94

c. Section 127

d. None of the above

17. Which one of the following is considered as a Supreme source of power?

a. Supreme Court of India

b. Parliament of India

c. President of India

d. Constitution of India

18. How long a warrant of arrest shall remain in force?

a. 6 years

b. 10 years

c. 12 years

d. Until executed or cancelled

19. The punishment prescribed under the BNS for the acts which cause slight harm is:

a. 15 days

b. 30 days

c. No punishment

d. None of these

20. Article 21A of the Constitution of India provides for-

a. minority rights

b. equality before law

c. abolition of tides

d. right to education

21. Article 15(3) of the Constitution of India empowers the State to make special provisions for: —

a. reservation in employment for freedom fighters

b. women and children

c. reservation in employment for physically handicapped persons

d. relaxation of minimum qualifying marks for admission to those belonging to SC and ST category

22. State which of the following statements is correct: —

a. Preamble is not part of the Constitution

b. Preamble is part of the Constitution and relates to its basic structure,

c. Preamble is not part of the Constitution but a sort of introduction to the Constitution,

d. Preamble is like a prologue to the Constitution

23. Under Bhartiya Nagarik Suraksha Sanhita, 2023 the nature of non-cognizable offence is

a. bailable and simple

b. bailable and grave

c. only of grave nature

d. all the above

24. A sues B on an agreement and gives B notice to produce it. At the trial, A calls for the document and B refuses to produce it. A gives secondary evidence of its contents. B seeks to produce the document itself to contradict the secondary evidence given by A.

a. He cannot do so

b. He can do so with the consent of the other party.

c. He can do so with the order of the Court.

d. Both (b) and (c)

25. Right to private defence of the body extends to voluntarily causing death if the offence which occasions the exercise of right:

a. Reasonably causes apprehension that death will be caused

b. Reasonably causes apprehension that simple injury will be caused

c. Is of escaping with stolen property immediately after the theft

d. Is of arresting a person who is running a way after having committed an offence of voluntarily causing hurt

26. Presumption under Section 116 of the BSA is raised

a. when a child is born during the continuance of valid marriage

b. when a child is born within 280 days of dissolution of marriage, the mother remaining unmarried

c. both (a) & (b)

d. neither (a) nor (b)

27. Test Identifications Parade' is: —

a. substantive evidence

b. corroborative evidence

c. no evidence

d. hearsay evidence

28. Under Article 16 the words 'any employment of office' applies-

a. Only to public employments

b. Private employments

c. Both public and private employments

d. None of the above

29. In calculating fraction of the term of life imprisonment under Bhartiya Nyaya Sanhita, 2023 is:

a. 14 years

b. 20 years

c. Whole of natural life

d. 10 years.

30. In which of the trials hearing of the accused an sentence is not necessary?

a. Trial before a Court of Session

b. Trial of warrant cases

c. Trial of summons cases

d. All of these

31. The protection of life and personal liberty under the Constitution of India is corresponding to-

a. The Fourth Amendment to the Constitution of the United States

b. The Fifth Amendment to the Constitution of the United States

c. The Sixth Amendment to the Constitution of the United States

d. The First Amendment to the Constitution of the United States

32. Which of the following Sections of the Code of Civil Procedure defines the ‘Mesne Profit’?

a. Section 2(4)

b. Section 2(14)

c. Section 2(6)

d. Section 2(12)

33. Can a Magistrate inspect any place of the commission of offence during trial?

a. No, a Magistrate cannot be a witness under Section 347 of BNSS

b. No, a Magistrate is concerned only to the case of- prosecution under Section 347 of BNSS

c. Yes, Magistrate can inspect for the proper appreciation of evidence under Section 347 of BNSS

d. Yes, but inspection will not be a part of file.

34. A person may voluntarily cause the death of an assailant in the exercise of right of private defense to 'protect himself against an assault done with the intention of:

a. Causing death

b. Committing rape

c. Causing grievous hurt

d. All of the above

35. About six months before he was murdered the deceased wrote a letter to S.P. Jabalpur asking for protection and stating that he apprehended injury from 'A' and was in fear of his life. The letter is admissible under Section—

a. 32

b. 28

c. 25

d. 26

36. If a party who has obtained and order to amend the pleading under CPC, if not amended, after expiration of how many days shall not be permitted to amend the same without the leave of the court?

a. 15 days

b. 90 days

c. 14 days

d. 30 days

37. Complaint under section 2(h) can be

a. Written

b. Oral

c. Written or Oral

d. None of these

38. The provisions of Bhartiya Nagarik Suraksha Sanhita, 2023, other than those relating to Chapter VIII, X and XI, thereof shall not apply in which of the following

a. State of Tripura

b. State of Assam

c. State of Meghalaya

d. State of Nagaland

39. The question before the court is whether document 'X' is the Will of ‘A’. Which Of the following is relevant:

a. 'A' had consulted Advocates in reference to making the will.

b. ‘A' had caused drafts of wills to be prepared of which he did not approve.

c. 'A' had made enquiries as to the value of his estate which he has bequeathed.

d. All the above

40. Scenario: An accused person makes a confession via a WhatsApp video call to a Police Officer while in custody. Is this confession admissible?

a. Yes, because it is digital evidence under BSA

b. No, confessions to police remain inadmissible under Section 23

c. Yes, if it is encrypted

d. Yes, if the phone is seized

41. Which of the following statements, as per provisions of the Bhartiya Sakshya Adhiniyam, 2023 is not correct?

a. Facts which are inconsistent with any fact in issue, shall not be relevant

b. Facts not otherwise relevant are relevant if by themselves or in connection with other facts, they make the existence or non-existence of any fact in issue or relevant fact highly probable or improbable

c. Any fact is relevant, which shows or constitutes a motive or preparation for any fact in issue or relevant fact

d. Admissions are not conclusive proof of the matters admitted, but they may operate as estoppels under the provisions of the BSA

42. Which Article of our Constitution provides the right to freedom of speech and expression to the citizens of India?

a. Article 18

b. Article 19

c. Article 17

d. Article 20

43. Which one of the following group of sections of BNSS deals with proclamation and attachment?

a. Sections 88 to 85

b. Sections 84 to 89

c. Sections 82 to 90

d. Sections 80 to 86

44. Which of the following is not ‘State’ for the purpose of Article 12 of the Constitution?

a. National Council of Education Research and Training (NCERT)

b. A Nationalized Bank

c. Institute of Medical Education and Research, Chandigarh

d. Griha Kalyan Kendra

45. The word "Primary and Secondary evidence" is part of

a. Law of procedure

b. Principles of fair play

c. Bharatiya Sakshya Adhiniyam, 2023 (BSA)

d. Banking and Security Law

46. An act done under 'mistake of fact':

a. Is a complete defence in a criminal charge

b. Is a complete defence in a criminal charge if done in good faith

c. Is no defence at all

d. Is a partial defence in a criminal charge

47. Under which provision of Bhartiya Nagarik Suraksha Sanhita, it is mandatory for police officer to inform the person arrested the grounds of arrest and right of bail if the offence is not non-bailable

a. Section 150

b. Section 105

c. Section 47

d. Section 510

48. Under which Article of the Constitution Parliament can create a new state?

a. Art. 3

b. Art. 4

c. Art. 5

d. Art. 368

49. Which Section of the BSA provides that Documents shall be proved by primary evidence?

a. Section 56

b. Section 57

c. Section 58

d. Section 59

50. The principle of res judicata does not apply in case of writ Of: —

a. Habeas corpus

b. Mandamus

c. Quo-warranto

d. Prohibition

51. Which one among the following is the role of the trial judge under the provisions of Bhartiya Nagarik Suraksha Sanhita, 2023?

a. To be impartial and maintain complete silence during the trial

b. To be impartial and at the same time play a proactive role while examining witnesses

c. To be impartial, play a proactive role while exercising his powers of examining/reexamining material witnesses and also the accused person after the prosecution evidence is closed

d. To maintain complete silence and observe as far as possible the principles of natural justice during the trial

52. Compensation for accusation without reasonable cause can be awarded by the Magistrate

a. Under Section 380(3) of BNSS

b. Under Section 273 of BNSS

c. Under Section 187(2) of BNSS

d. Under Section 436-A of BNSS

53. Which one of the following is the correct statement?

Right to privacy as a Fundamental Right is implicit in: —

a. the Right to Freedom

b. the Right to Personal liberty

c. the Right to Equality

d. the Right against Exploitation

54. Which of the following is not a public document?

a. Affidavit

b. Judgement of court

c. Arrest-warrant

d. Will

55. Which of the following is not an exception as per provisions contained in Chapter III of Bhartiya Nyaya Sanhita, 2023:

a. Act of a child under age of 7 years

b. An act done pursuant to judgment or order of a court of justice

c. An act by the security guard of a Judge that otherwise constitutes an offence

d. An act of a person of unsound mind

56. How many minimum numbers of witnesses are required to proof any fact?

a. No particular number of witnesses is required for the proof of any fact

b. 3

c. 2

d. 4

57. Under which of the following Sections of the BSA, opinion as to digital signature has been considered to be relevant?

a. Section 41(2)

b. Section 65

c. Section 67

d. Section 66

58. Which one of the following Sections of Bhartiya Nagarik Suraksha Sanhita, 2023 deals with High Courts' power of revision?

a. Section 395

b. Section 442

c. Section 399

d. Section 396

59. “Creamy layer" rule excluding the well placed members of a caste from reservation was first laid down in the case of-

a. Ashok Kumar Thakur v. State of Bihar

b. Maneka Gandhi v. Union of India

c. Indra Sawhney v. Union of India

d. Minerva Mills v. Union of India.

60. By whom can the transfer of suit or proceeding from one state to other state be ordered?

a. Central Government

b. Supreme Court

c. High Court

d. Parliament

61. Which of the following Articles of the Indian Constitution recognizes the Doctrine of Double Jeopardy?

a. Article 22(2)

b. Article 21(2)

c. Article 20(2)

d. None of them

62. Intoxication is an excusable defense to criminal liability if it is

a. Administered against the will of the offender

b. Administered without the knowledge of the offender

c. Both (a) and (b) above

d. None of the above

63. Which of the following is correct about the Preamble to the Constitution of India?

a. It was adopted after adoption of operative Articles of Constitution

b. It envisages that all citizens have fundamental rights.

c. It seeks to secure good livelihood to all.

d. It is not a part of the Constitution.

64. A, a mentally disturbed person picks out revolver and point towards B and attempted to fire at B. B picks a flower pot and hits A causing grievous hurt to A:

a. B is liable for causing grievous hurt to A

b. B is not liable for causing grievous injury but simple hurt

c. B has acted in private defence, therefore he is not liable

d. Right of private defence is not available against a mentally disturbed person

65. The procedure for summons cases is provided in the following Sections of Bhartiya Nagarik Suraksha Sanhita, 2023:

a. Section 260 to 265

b. Section 274 to 282

c. Section 238 to 250

d. Section 266 to 271

66. 'A' a child of exact seven years of age commits an offence. 'A' will:

a. Not be guilty under section 20 of Bhartiya Nyaya Sanhita, 2023

b. Be guilty if he is of sufficient maturity

c. Not be covered by section 20 and 21 of Bhartiya Nyaya Sanhita, 2023

d. Be guilty under section 21 of Bhartiya Nyaya Sanhita, 2023

67. The term 'bail' signifies the conditional release of an accused or arrested person by the

a. Police during investigation, but not by the magistrate during enquiry.

b. Magistrate during inquiry, but not by the court during trial

c. Court during trial, but not during revision

d. Police Magistrate or court during investigation, enquiry or trial

68. The power of revision can be exercised by

a. the High Court

b. the Sessions Judge

c. the Additional Sessions Judge, if the case has been transferred to him by the Sessions Judge

d. All of the above

69. Oral evidence, under Section 55 of the BSA must in all cases be

a. indirect

b. circumstantial

c. direct

d. may be presumed by Court

70. The expression 'harm' is used in Section 19 of Bhartiya Nyaya Sanhita, 2023 in the sense of

a. Hurt

b. Injury or damage

c. Physical injury

d. Moral wrong or evil

71. The affidavit given to the Court is

a. not an evidence

b. an evidence

c. merely a written statement

d. a proof

72. Consider the following statements and identify the answer using the code given below:

Statement I: X in the house with a child which is on fire. Knowing that. the fall may kill the child, but not intending to kill him and in good faith in the child's benefit, X drops the child from the housetop to a blanket which was held out by some people below. Unfortunately, the child died as a result of the fall. X has committed no offence.

Statement II: Nothing, is an offence which is done in good faith for the benefit of a person without his consent or consent of lawful guardian, if minor or person of unsound mind.

Code:

a. Both the Statement are individually true and Statement II is the correct explanation of Statement I

b. Both the Statement are individually true but Statement II is not the correct explanation of Statement I

c. Statement I is true but Statement II is false

d. Statement I is false but Statement II is true

73. Court can direct the parties to opt for any one mode of alternative dispute resolution in Civil Procedure Code, 1908

a. Under Order X, Rule 1 - A

b. Under Order X, Rule 1-B

c. Under Order X, Rule 1-C

d. Under Order XI, Rule 1

74. For instituting a suit against the Government or against a Public Officer in official capacity, the notice period under Section 80 of CPC is

a. 3 months

b. 2 months

c. 1 month

d. 15 days

75. 'A' is carried off by a tiger. 'Z' fires at the tiger in good faith intending to rescue 'A', knowing it to be likely that the shot may kill 'A'. The shot fired by 'Z' gives 'A' a mortal wound. 'Z' has committed

a. No offence

b. Culpable homicide not amounting to murder.

c. Offence of causing death by negligence.

d. Murder.

76. In a trial, while explaining any circumstances appearing in evidence against him, an accused of committing murder states that due to grave and sudden provocation he was deprived of the power of self-control and thus, gave a single lathi blow to A, causing his death. The burden to prove grave and sudden provocation is on:

a. The Prosecution

b. The Investigating agency

c. The Court

d. The Accused

77. A party can ask Questions to his own witness under which section of the BSA?

a. Section 156

b. Section 157

c. Section 158

d. Section 160

78. “Right to Work” in the Constitution can be traced in: —

a. Fundamental Rights

b. Directive Principles of State Policy

c. Preamble of the Constitution

d. None of the above

79. Assertion (A): A, a boy of the age of six and a half years intentionally murders B. A is not liable to be convicted.

Reason (R): A child up to the -age of 7 years is immune form criminal liability.

Codes:

a. Both A and R are true and R is the correct explanation of A

b. Both A and R are true but R is not a correct explanation of A

c. A is true but R is false

d. A is false but R is true

80. A instigates B to murder C. B refuses to do so. Which one of the following is the liability of A?

a. Since essential to constitute an offence of abatement are not fulfilled, A is not guilty of instigating B to murder C.

b. The refusal of B to act on the instigation of A, puts an end to the matter and A is not guilty of any abatement.

c. A is guilty of abetting B to commit murder as to constitute abatement it is not necessary that the act abetted should be committed.

d. Since the offence was not committed there can be no abatement for an offence which is not committed. Hence A is not liable.

81. Which section of the BSA defines 'Examination-in-chief', 'Cross-examination', and 'Re-examination'?

a. Section 135

b. Section 136

c. Section 137

d. Section 142

82. The right of private defence of property extends to voluntarily causing of death or any other harm to the wrong doer. This is provided in: —

a. Section 41, BNS

b. Section 43, BNS

c. Section 34, BNS

d. Section 44, BNS

83. Some militants are hiding in a house occupied by an individual Militants are engaged in an attack on the police party by firing from the house. The police persons, to defend themselves, fire towards the house and an innocent person in the house is hit by the bullet and dies as a result. The police persons, are guilty of:

a. No offence

b. Culpable homicide not amounting to murder

c. Murder

d. Death by rash or negligent act

84. Who can appoint a police officer as an assistant public prosecutor for courts of Magistrates?

a. Superintendent of Police

b. District and Sessions Judge

c. District Magistrate

d. High Court on the request of the State

85. A suit filed in representative capacity can be withdrawn, compromise and abandoned etc. by the plaintiff:

a. Without notice to all the persons interested

b. After notice to all the persons interested

c. Both (a) & (b)

d. Either (a) or (b)

86. Which one of the following authorities is not entitled to try a case summarily under Bhartiya Nagarik Suraksha Sanhita, 2023?

a. Chief Judicial Magistrate

b. Judicial Magistrate of the First Class

c. 2nd Class Judicial Magistrate

d. None of the above

87. 'Equality before law' is a fundamental right en-shrined in which of the following Articles of the Constitution of India-

a. Article 13

b. Article 16

c. Article 14

d. Article 19

88. Six Freedoms under Article 19 of the Constitution are-

a. Sacrosanct and inalienable

b. Absolute without any restriction

c. Subject to reasonable restrictions

d. Both (a) and (c) above

89. What are privileged Document?

a. Statement in departmental enquiry

b. Any communication between Chief Minister and Governor of State

c. The accident register kept by a medical practitioner

d. A defamatory imputation about a person in the instructions to an advocate

90. 'Professional Communication' between Advocate and his client—

a. is not admissible in evidence

b. is a privilege communication only until the contract continues

c. is admissible in evidence with consent of the client

d. is not admissible until it is legal

91. Consider the following statements:

The accused at the time of committing the act because of intoxication, which was ' administered to him without his knowledge or against his will, is incapable of knowing

1. The nature of the act

2. That the act is wrong or contrary to law

3. That the act is immoral or wrong

4. That the act is of the nature which may be ignored

To claim the benefit of Section 23 of BNS, which of the above need to be proved?

a. 1 and 4

b. 1 and 3

c. 1 and 2

d. 2 and 4

92. The protection of life and personal liberty under Article 21 is: —

a. available to citizens only

b. available to any person

c. not available to enemy alien

d. not available to a person arrested under a preventive detention law

93. Where no sum is expressed to which a fine may extend there the amount of fine to which the offender may be liable will be:

a. Not exceeding rupees fifty thousand

b. Not exceeding rupees twenty-five thousand

c. Not exceeding rupees ten lakh

d. Unlimited but not excessive

94. In a cognizable case the police will have powers to:

a. investigate except the power to arrest without warrant

b. investigate and power to arrest without warrant only after seeking permission from the Magistrate

c. Investigate including the power the arrest without warrant

d. Investigate and arrest without warrant, only after informing the Magistrate having jurisdiction to inquire into or try the offence

95. Assertion (A) : A civil court has jurisdiction to try all suits of civil nature.

Reason (R) : The cognizance of a civil suit should be expressly barred.

Select the correct answer using the code given below:

Code:

a. Both (A) and (R) are true and (R) is the correct explanation of (A)

b. Both (A) and (R) are true and (R) is not the correct explanation of (A)

c. (A) is true, but (R) is false

d. (A) is false, but (R) is true

96. Which one of the following does not find a place under the provision on Sec. 94, C.P.C. relating to supplemental proceedings?

a. Arrest before judgement

b. Attachment before judgement

c. Temporary injunction

d. Appointment of executors

97. A instigates his six-years old daughter B to take away from C, a purse containing Rs. 1500. In this case which one of the following statements is correct?

a. B commits theft and A abets theft

b. A commits no offence but B commits theft

c. Both A and B commit no offence

d. B does not commit any offence but A commits abetment of theft

98. Which one of the following sections of Bhartiya Sakshya Adhiniyam provides exception to the rule "hearsay evidence is not admissible":

a. Section 29

b. Section 30

c. Section 31

d. Section 26

99. A decree can be:

a. Preliminary

b. Final.

c. First preliminary then final

d. Either preliminary or final

100. Who among the following is not a 'Public Servant within the meaning of Section 2(28) of Bharatiya Nyaya Sanhita, 2023?

a. Municipal Commissioner

b. Municipal Councilor

c. Manager of Nationalized Bank

d. Commissioned Officer in Military

Download Bihar APO Mock Test 4 PDF