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Bihar APO Mock Test-5
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1. When a criminal act is done by several persons in furtherance of common intention of all each of them is liable
a. For individual act
b. As if it were done by each alone
c. Both (a) & (b)
d. None of the above
2. Which one of the following offences may not be tried summarily?
a. Offences punishable with imprisonment upto three years
b. Offences under Section 331(3) and 331(4) of BNS
c. Theft, under Sections 303, 305 and 306 of BNS where the value of the property stolen does not exceed two hundred rupees
d. Abetment of any of the foregoing offences
3. Which one of the following case related to the dying declaration?
a. Mehboob Shah v. King Emperor
b. Queen v. Abdullah
c. Motayya v. King Emperor
d. M.C. Vergese v. Pbnane
4. Section 95 of BSA applies to
a. Bilateral documents
b. Unilateral documents
c. Both (a) and (b)
d. Either (a) and (b)
5. Set-off can be
a. legal set-off
b. equitable set-off
c. both (a) and (b)
d. None of the above
6. In criminal proceedings, the burden of proof is
a. on the prosecution to prove the guilt of the accused
b. on the accused to prove his innocence
c. on both the parties
d. court decides on whom the burden of proof lies
7. Under Section 348 of BNSS a witness can be called
a. on the motion of the prosecution
b. on the motion of the defence
c. on its own motion by the court
d. All these
8. The Code of Civil Procedure
a. exempts Ministers of State from personal appearance in Court
b. does not exempt any person from personal appearance in Court
c. exempts advocates from personal appearance in Courts
d. exempts Municipal Commissioners from personal appearance in Courts
9. In computing the period of limitation the time during which
a. The accused avoided arrest by absconding has to be excluded
b. The accused remained absent from India has to be excluded
c. Both (a) & (b)
d. Neither (a) nor (b)
10. In which Sections of the BNSS the trial procedure of Warrant cases in given
a. From Section 261 to 273
b. From Section 251 to 259
c. From Section 260 to 265
d. From Section 225 to 237
11. ‘A’ picked up a match box belonging to 'B' and lighted his cigarette with it. 'B' charged ’A’ with the offence of theft of his match box. In these circumstances 'A' can defend himself with the help of which one of the following maxims?
a. Non compos mentis
b. Doli Incapax
c. De minimis non curat lex
d. Ignorantia juris non excusat
12. Under Section 528 BNSS, the High Court exercises:
a. Inherent powers
b. Appellate powers
c. Revisional powers
d. Review powers
13. In which of the following cases a statement need not be in writing
a. for contradicting a witness under Section 148, BSA
b. a dying declaration
c. a statement used to refresh the memory of a witness
d. a statement which can be used under Section 182 BNSS.
14. Section 57 of the BSA, deals with
a. primary evidence
b. secondary evidence
c. proof of documents by primary evidence
d. cases in which secondary evidence relating to documents may be given
15. Consider the following statement(s).
A police officer has the power to arrest any person without an order from a magistrate or warrant of arrest, if he has reason to suspect his complicity in a cognizable offence punishable with imprisonment which may extend to seven years, provided that he is satisfied for reasons in writing that such arrest is necessary
i. to prevent such person from committing any further offence.
ii. for proper investigation of the offence.
iii. to prevent such person from tampering with or causing the evidence of the offence to disappear.
iv. to compel the absconding co-accused to surrender.
Which of the statements given above are correct?
a. (i) and (ii)
b. (ii) and (iii)
c. (i), (ii) and (iii)
d. (i), (ii), (iii) and (iv)
16. In India we follow-
a. Adversarial system of justice
b. Inquisitorial system of justice
c. Amicus Curie system of justice
d. Both (a) and (b)
17. ‘A’ gives 'B' a receipt for money paid by 'B' to 'A'. Oral evidence is offered of the payment. What is the status of evidence under Section 94 of the BSA?
a. It is admissible
b. It is not admissible
c. It is irrelevant
d. It is secondary evidence
18. Which of the following is true as to the standard of proof in civil and criminal proceedings:
a. It is balance of probabilities in both civil and criminal proceedings
b. It is beyond reasonable doubt in both civil and criminal proceedings
c. In criminal proceedings it is upon the balance of probabilities and in civil proceedings it is beyond reasonable doubt.
d. In civil proceedings it is, upon the balance of probabilities and it is beyond reasonable doubt in criminal proceedings
19. Right of private defence of body extends to causing assailant's death if assailant's act is of such nature that it
a. Causes apprehension of death
b. Causes apprehension of grievous, hurt
c. Expresses intention of committing rape
d. All of the above
20. Which of the following will be an inadmissible dying declaration?
a. Oral dying declaration
b. Dying declaration recorded on the basis of nods and gestures
c. Dying declaration by signs and gestures
d. None of the above
21. Objection as to place of suing shall be allowed in the court of first instance is the essence of:
a. Section 21A of C.P.C.
b. Section 20 of C.P.C.
c. Section 22 of C.P.C.
d. Section 21 of C.P.C.
22. Which Fundamental Right is available to citizens only?
a. Right to Equality
b. Protection against arrest and detention
c. Freedom of speech and expression
d. Protection of life and personal liberty
23. Penalty for non-appearance in a case where a declaration has been made under Section 84(4) of Bhartiya Nagarik Suraksha Sanhita, 2023 pronouncing a person as a proclaimed offender is provided under
a. Section 210 of the BNS
b. Section 209 of the BNS
c. Section 207 of the BNS
d. Section 206 of the BNS
24. Who is not a citizen by domicile?
a. Those who are born in the territory of India.
b. Those whose either mother of father was born in the territory of India.
c. Those who have been ordinarily residing in the territory of India after commencement of Constitution of India, due to his work in India.
d. Who has been ordinarily resident in the territory of India for not less than 5 years immediately preceding commencement of Constitution of India.
25. The Constitution defines and determines the relation between
a. Various institutions and the areas of Government
b. Executive, the legislative and the Judiciary
c. Central Government, State Government and the Local Governments
d. All the above
26. Which of the following can be issued against private individual as well as public authority?
1. Habeas corpus
2. Mandamus
3. Prohibition
Select the correct answer given above
a. 1 only
b. 2 only
c. 1 and 3 only
d. 2 and 3 only
27. "Offence" is defined under:
a. Section 2(23) of BNS
b. Section 2(24) of BNS
c. Section 2(25) of BNS
d. Section 2(26) of BNS
28. Section 19 of the BNSS makes provision for the appointment of
a. Public Prosecutor
b. Assistant Public Prosecutor
c. Public Authority
d. Government representative
29. 'A' is accused of receiving stolen goods knowing them to be stolen. He offers to prove that he refused to sell them below their value. Which of the following is correct?
a. ‘A’ may prove the statements, though in the nature of admission, because they are explanatory of conduct influenced by facts in issue.
b. 'A' may not prove the statements because they are self-serving admissions.
c. ‘A’ may not prove the statements because as accused he cannot be a witness in his own defense.
d. All these are incorrect.
30. A who was previously convicted under section 8(2), BNS and is again convicted under same section for life imprisonment. Here imprisonment for life means:
a. Remainder of A's natural life
b. 20 Years
c. 14 Years
d. 30 Years
31. Cross-examination of a witness:
a. Must relate to relevant facts and has to be confined to what the witness testified in examination-in-chief
b. Must relate to relevant facts but need not be confined to what the witness testified in examination-in- chief
c. May not relate to relevant facts but must relate to what the witness testified in examination-in-chief
d. May not relate to relevant facts and may not be confined to what the witness testified in examination-in- chief
32. Any court may take cognizance of an offence after expiry of the period of limitation, if it is satisfied on the facts and circumstances of the case that:
a. An attempt has been made to explain the delay.
b. It is necessary so to do in the interest of justice.
c. The State Government has given instructions for taking such cognizance.
d. In (a) and (b) both the conditions
33. In cases of conviction of a person of several offences at one trial, in no case shall such person be sentenced to imprisonment for a longer period than
a. 14 years
b. 17 years
c. 20 years
d. 25 years
34. Which part of the Constitution reflects the mind and ideals of the framers of the Constitution?
a. Preamble
b. Fundamental Rights
c. Directive Principles of State Policy
d. None of these
35. A national of Pakistan fires from the other side of the borders and a person within the Indian border is killed. The relatives, friends and other Indians rush and drag the Pakistani to border Indian Police Station Can the Indian courts try the accused for murder?
a. No, Indian courts have no jurisdiction
b. Yes
c. He shall be handed over to the Pakistani authorities for trial in Pakistan
d. None of the above
36. Which Section of BNS contains the provision of causing death in the private defence of the body?
a. Section 37
b. Section 34
c. Section 36
d. Section 38
37. 'A' intentionally shoots 'B' at Chennai. 'B' goes to Mumbai for better treatment where 'B' dies of injuries of bullet fired by ’A’. 'A' can be tried for the. murder of ‘B'
a. At Chennai where 'A' shoots 'B'
b. At Mumbai where 'B' dies '
c. Either at Mumbai or at Chennai
d. At any place of India where 'A' is found
38. Under the BSA 2023, the definition of "Document" specifically includes which of the following?
a. Electronic and digital records
b. Only paper-based writings
c. Only registered deeds
d. Only court summons
39. Under which of the following Sections of the BNS 'Harbour' has been defined?
a. Section 2(13)
b. Section 60
c. Section 212
d. All of the above
40. A "Fact" is said to be "Proved" when, after considering the matters before it, the Court:
a. Is 100% certain of its truth
b. Believes it to exist or considers its existence so probable that a prudent man ought to act upon the supposition that it exists
c. Receives a police report confirming it
d. Hears it from at least two witnesses
41. Which one of the following is not an essential characteristic of a federal Constitution?
a. Distribution of Powers
b. Supremacy of the Constitution
c. Presidential form of Government
d. A written Constitution
42. In which of the following the right to private defence of property does not extend to causing of death?
a. Robbery
b. House breaking by night
c. Mischief by fire
d. Dishonest misappropriation of goods
43. In which of the following case, it was held that the death sentence should be given in the 'rarest of rare cases'?
a. R. v. Govinda
b. Hussain Ara Khatoon v. State of Bihar
c. Sunil Batra v. Delhi Administration
d. Bachan Singh v. State of Punjab
44. Section 94 of the BSA
a. permits admission of oral evidence to prove contents of a document where the writing is a fact in issue.
b. prohibits admission of oral evidence to prove the contents of a document where the writing is a fact in issue.
c. prohibits admission of oral evidence to prove the contents of a document where the writing is not a fact in issue and is merely a collateral memorandum.
d. Both (b) and (c).
45. What is not correct about the self defence?
a. Nothing is offence which is done in exercise of right of private defence
b. Right of private defence is extended to causing death in the case of robbery
c. Right of private defence is extended to causing death in defamation case
d. There is no right of private defence, if there is time to have recourse to the protection of public authorities.
46. A suit shall be instituted in a Court within the local limits of whose jurisdiction:
a. The plaintiff resides
b. The Stamp Paper for entering into the contract was purchased
c. Where no cause of action in part or full arose
d. Where the cause of action wholly or in part arose
47. The authority to alter the boundaries of States in India rests with: —
a. State Government
b. President
c. Prime Minister
d. Parliament
48. The Court of Magistrate of the First Class may pass a sentence of imprisonment for a term:
a. Not exceeding three years or a fine not exceeding Rs. 50,000
b. Not exceeding one year or a fine not exceeding Rs. 5,000
c. Not exceeding three years or a fine not exceeding Rs. 5,000
d. Not exceeding seven years or a fine prescribed under the Sanhita
49. ‘Equal pay for equal work’ to woman is provided in which Act: —
a. Workman Compensation Act
b. Equal Remuneration Act
c. Trade Union Act
d. Industrial Dispute Act
50. 'Any person' in Section 109 of the BSA, refers to
a. a party to the suit
b. a stranger to the suit
c. a witness
d. none of the above
51. Principle: Nothing is an offence committed by a child above the age of 7 years and below the age of 12 years, provided that the child is not mature enough to understand the nature and consequence of his conduct. Factual Situation: X, a boy of 11 years of age found a gold ornament at the vicinity of a temple. The ornament was accidentally dropped by the Pundit while putting it on the idol. X took it and gave it to Y, his 7-year-old sister to keep it and instructed her not to tell any one about it. On a complaint by the Temple authorities the gold ornament was recovered from the school bag of Y.
a. X and Y are guilty of theft.
b. X is guilty of theft and Y is innocent.
c. X and Y are both innocent.
d. X is innocent and Y is guilty of theft.
52. A abets B to commit a theft from the house of C, B finding an opportunity picks C's pocket while C was travelling by a bus. Give the Correct answer:
a. A is responsible for abetment of theft
b. A is not responsible for abetment of picking of pocket
c. A is not responsible for abetment of committing theft because theft has not been committed from the house
d. All the above are correct
53. State which of the following statements is correct?
a. The American doctrine of waiver of fundamental rights is part of the Indian Constitution
b. No person can waive his fundamental rights un-der the Indian Constitution as they are sacrosanct and no individual can tinker with them.
c. A non-citizen can waive his fundamental rights
d. A citizen can waive his fundamental rights which are for his individual benefit.
54. The Right of Private Defence of body extends to causing deaths if there is
a. Apprehension of death
b. Apprehension of grievous hurt
c. Intention of committing rape
d. All the above
55. Who can impose reasonable restrictions on the Fundamental Rights?
a. Supreme Court
b. Parliament
c. President
d. None of these
56. Which one of the following is not a rule of pleading?
a. Plead the fact and not the law
b. State the law and plead the facts
c. Plead material facts only
d. Plead facts not evidence
57. Doctrine of Self Incrimination enacted in Article 20(3) means-
a. No person accused of an offence can be the Judge against himself.
b. No person accused of an offence can be compelled to be the witness against himself.
c. No person accused of an offence can be compelled to give evidence against others.
d. None of the above.
58. Assertion (A): Bail, not jail, is the general rule in bailable offence in India.
Reason (R): Personal liberty is the most cherished right of a human being.
Codes:
a. Both A and R are individually true and R is the correct explanation of A.
b. Both A and R are individually 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.
59. The principle which preclude a person from denying some statement previously made by him is known as
a. Admission
b. Confession
c. Res sub judice
d. Estoppel
60. A relevant confession will become irrelevant when—
a. Made to a police officer
b. Made under a promise of secrecy
c. When the accused was drunk
d. In consequence of a deception practiced on the accused
61. Under Bharatiya Nyaya Sanhita, 2023, a person is defined as—
a. Including any company or body of persons whether incorporated or not
b. Meaning only individual human beings
c. Meaning only as men
d. None of the above
62. How many types of writ can the Supreme Court issue or the enforcement of Fundamental Rights?
a. Six
b. Four
c. Five
d. Three
63. Principle of res-judicata is
a. mandatory
b. directory
c. discretionary
d. None of the above
64. In computing the period of limitation, the time during which:
a. Any person has been prosecuting with due diligence another prosecution in any court against the offender shall be excluded.
b. The period during which an offender is absent from India shall be excluded.
c. The period during which an offender is absconding/concealing himself, is excluded.
d. All of the above.
65. The right of private defence of property extends to causing death of the wrongdoer under certain descriptions. Which one of the following descriptions is not included in those?
a. Robbery
b. Housed breaking by night
c. Lurking house trespass by night
d. Mischief by fire on any human dwelling
66. According to the BSA, which one among the following is irrelevant?
a. Evidence of previous good character in criminal cases
b. Evidence of previous bad character in reply to evidence of previous good character in criminal cases
c. Evidence of character to prove the imputed conduct in civil cases
d. Evidence of character to prove the imputed conduct in civil cases except when relevant
67. Untouchability is abolished and its practice in any form is forbidden under: —
a. Article 14 of the Constitution
b. Article 16 of the Constitution
c. Article 17 of the Constitution
d. Article 19 of the Constitution
68. Which is not a precondition to raise a obligatory presumption u/s 118 of The BSA?
a. The accused is being tried for the offence under section 4 of the Dowry Prohibition, 1961
b. The deceased woman was subjected to cruelty or harassment by her husband or his relative
c. Such cruelty or harassment was for, or in connection with any demand for dowry
d. Such cruelty or harassment was soon before her death
69. When is it not necessary to call the certifying writer of the document to prove the document?
a. When the document is a will
b. When the document is 30 years old
c. Only (b)
d. (a) and (b) are wrong
70. In which of the following circumstances Magistrate has power to convert summon cases into warrant cases?
a. Without any ground
b. In the interest of justice
c. If prosecutor makes plea
d. None of the above
71. The term ‘Justice’ in the Preamble to the Constitution of India is a resolution for: —
a. equal distribution of wealth
b. economy in the administration of justice
c. socio-economic and political revolution
d. cheap justice of the poorer
72. In which of following circumstances does the right of private defence of body, subject to restrictions mentioned in Section 38 of BNS, does not extends to voluntary causing death:
a. An assault with intention of gratifying unnatural lust
b. An assault which does not cause reasonable apprehension of death or of grievous hurt
c. An assault with intention of committing rape
d. An assault with intention to kidnapping or abducting
73. Right to form association under Article 19(3) of the Constitution includes: —
a. Right to strike
b. Right to collective bargaining
c. Right to lockout
d. None of these
74. Under Bhartiya Nagarik Suraksha Sanhita, 2023 in a warrant case instituted on police-report, the trial begins when
a. Charges are framed
b. Accused appears
c. Witnesses are examined
d. None of the above
75. Which among the following is described as 'Lawyers' Paradise?
a. Constitution of India
b. Bharatiya Nyaya Sanhita
c. Bhartiya Nagarik Suraksha Sanhita
d. Supreme Court of India
76. ‘The rule of law’ is found in
a. Article 12
b. Article 14
c. Article 16
d. Article 21
77. In the case of sentence of death, power to suspend, remit or commute is conferred upon:
a. State Government
b. Central Government
c. State as well as Central Government
d. President
78. Writ of Quo Warranto is related with: —
a. Illegal detention of a person
b. Want of Jurisdiction or a court
c. Illegal holder of a Public Office
d. None of the above
79. Which one of the following Sections of Bhartiya Nagarik Suraksha Sanhita, 2023 provides sentence of imprisonment by the Court of Magistrate in default of fine?
a. Section 24(1)
b. Section 31
c. Section 32
d. Section 34
80. Choice the correct propositions:
I. Evidence of fingerprint expert is substantive evidence.
II. Evidence of fingerprint expert can be used only to corroborate some items of substantive evidence which are otherwise on record.
III. Evidence of fingerprint expert is not substantive evidence.
IV. Evidence of fingerprint expert is admissible in all circumstances as expert evidence.
a. I and II are true
b. II and III are true
c. III and IV are true
d. II and IV are true
81. The Court, after the commencement of prosecution evidence, allows the Assistant Public Prosecutor to Withdraw the prosecution. The accused shall be:
a. Released
b. Discharged
c. Acquitted
d. None of the above
82. Admissions bind the maker in so far as it relates to
a. facts
b. question of law
c. both question of facts and of law
d. neither (a) nor (b)
83. What was the basis of constituting the Constituent Assembly of India?
a. Wavell Plan
b. 'Puna Swaraj resolution
c. Cabinet Mission Plan
d. All of the above
84. Abetment under Section 45 of BNS can be constituted by:
a. Instigation
b. Conspiracy
c. Intentional aid
d. All of these
85. Who of the following is exempted from personal appearance before court?
a. Ministers of Union
b. Ministers of State
c. Judges of High Court
d. All of these
86. Who among the following may withdraw prosecution of any person at any time before the Judgment is pronounced?
a. The State Government
b. The Public Prosecutor
c. The aggrieved person
d. The Writer of F.I.R.
87. The Directive Principles of State Policy have been borrowed from the Constitution of: —
a. U.S.A.
b. Canada
c. Ireland
d. Russia
88. Which of the following is not a "public servant" within the meaning of Section 2(28) of BNS:
a. Municipal Commissioner
b. Member of Parliament
c. MLA
d. Examiner of University
89. B, a man of unsound mind, sets fire to a dwelling house on A's instigation. Here, B is exempted from criminal liability (Section 22, BNS), but A is guilty of abetting mischief by fire with intent to destroy the house. The principle for this criminal liability may be explained by which one of the following explanations?
a. The abetment of an offence being an offence, the abetment of such an abetment is also an offence
b. The person who has been instigated to commit an offence may not be liable under criminal law for his act because of his being of unsound mind at the time of committing the offence but the abetment to commit mischief by fire being an offence, abetment of such offence incurs liability
c. To constitute offence of abetment it is not necessary that the act abetted should be committed
d. It is not necessary to the commission of the offence by conspiracy that the abettor should work in concert with the person who commits it
90. Which one of the following offences cannot be summarily tried?
a. Grievous Hurt
b. Theft when the value of stolen property is below Rs. 20 thousand
c. Offences relating to Sections 331(3) and 331(2) of the BNS
d. Offence of abetment of the offences enumerated under Section 283 of Bhartiya Nagarik Suraksha Sanhita, 2023
91. Right of private defence extends to
a. Defence of body only
b. Defence of property
c. Defence of both body and property
d. Cannot say
92. Nothing is an offence which is done by a person who is:
a. 100 years old man
b. 6 years old boy
c. 12 years old girl
d. 18 years old girl
93. A is attacked by a mob who attempt to murder him. He cannot effectually exercise his right of private defence without firing on the mob, and he cannot fire without risk of harming young children who are mingled with the mob. A fires and harms one child. Which one of the following is the liability of A?
a. A commits no offence as he exercised right of private defence.
b. A commit an offence punishable as he fired in a rash on negligent manner.
c. A commits an offence punishable only as there was no intention to. cause death of the child.
d. A commits an offence as the act of firing was so imminently dangerous that it must have, caused death of child.
94. "Necessity" as a defense cannot be claimed when the act has been done
a. With good faith
b. Without criminal intent
c. With inherent risk of causing harm
d. For avoiding other greater harm
95. Which of the following cases is popularly known as "the Mandal case"?
a. TMA Pai Foundation v. Union of India
b. Ashok Kumar Thakur v. Union of India
c. Indra Sawhney v. Union of India
d. None of the above
96. Select the most appropriate statement.
a. A child born during marriage is a conclusive proof of legitimacy.
b. A child born during marriage may be presumed as legitimate child.
c. A child born during marriage shall be considered as a conclusive proof of legitimacy unless rebutted.
d. No presumption will be drawn about a child born during marriage.
97. Under which Section of the Code of Civil Procedure “Inherent powers of the Court” has been provided?
a. Section 151
b. Section 141
c. Section 152
d. Section 153
98. During proceeding for execution of a decree, if a question arises as to whether any person is or is not the representative of a party, such question shall be determined by
a. the court which passed the decree
b. the court executing the decree
c. the Appellate Court
d. a separate suit
99. The definition of ‘State’ under Article 12 of the Constitution applies to: —
a. Part III and Part IV of the Constitution
b. Only Part III of the Constitution
c. Only Part IV of the Constitution
d. None of the above
100. Costs imposed under Section 35B of CPC:
a. shall be included in the costs awarded in the decree passed in the suit
b. shall not be included in the costs awarded in the decree passed in the suit
c. shall, if not paid, be executable against the person on whom the costs have been imposed
d. only (b) and (c)
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