DELHI ASSISTANT PUBLIC PROSECUTORS (PRE) EXAM., 2008

DELHI ASSISTANT PUBLIC PROSECUTORS (PRE) EXAM., 2008

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1. ‘A’ is at work with a hatchet; the head flies off and kills a man who Is standing by. Here, there was no want of proper care and caution on the part of ‘A’, ‘A’ is guilty of which of the following?

a.       Murder

b.       Causing death by negligence

c.       Culpable homicide not amount to murder

d.       No offence

 

2. ‘A’ a carrier, is entrusted by *Z’ with property to be carried by water. ‘A’ dishonestly misappropriates the property. ‘A’ has committed which one of the following?

a.       Criminal breach of trust

b.       Criminal misappropriation of property

c.       Habitually dealing in stolen property

d.       Cheating

 

3.  When can leading questions not be asked under Section 142 of the Evidence Act?

a.       If objected by the adverse party in examination in chief

b.       If objected by the adverse party in re­examination

c.       If objected by the adverse party in cross examination

d.       If adverse party asks for permission to the court and is refused

 

4.  Cross examination under Section 137 of the Evidence Act means which one-of the following?

a.       Examination of a witness by a party who calls him

b.       Examination of a witness by the adverse party

c.       Examination of a witness by a party who calls him and the adverse party

d.       Examination of a witness by the Court

 

5. What is the number of witnesses required for the proof of any fact in any case?

a.       One

b.       Two

c.       Three

d.       No particular number

 

6. Which of the following statements is/are not true?

1. An accomplice is a competent witness against an accused person.

2. Conviction on the testimony of an

3. accomplice is legal.        

4. Conviction on the testimony of an accomplice is legal only if it is corroborated.

Select the correct answer using the code given below:

a.       1,2 and 3

b.       land2

c.       3 only

d.       1 and 3 only

 

7. Which one of the following statements is not true?

The professional communication between an advocate and his client can be disclosed before the Court

a.  with the consent of the client

b.  without the consent of the client

c.  without the consent of the client if made in furtherance of any illegal purpose

d.   without the consent of the client if the advocate comes to know that any crime or fraud has been committed since the commencement of his employment

 

8. What is the evidentiary value of evidence given by husband against wife and vice versa under the Indian Evidence Act 1872?

a. Both cannot adduce evidence

b. Both are considered one identity in law, therefore one cannot adduce evidence against the other

c. Evidence can be adduced only in criminal proceedings by both

d. Evidence can be adduced by both in civil and criminal proceeding

 

9. Who among the following is competent to adduce evidence under Indian Evidence Act?

1. Dumb witness

2.  Deaf witness

Select the correct answer using the code given below:

a.       1 only

b.       2 only

c.       Both 1 and 2

d.       Neither 1 nor 2

 

10.   Under which Section of the Indian Evidence Act the presumption as to abetment of suicide by a married woman is dealt?

a.       Section 113A     

b.       Section 113B

c.       (C) Section 114  

d.       Section 114B

 

11.   The Court draws a presumption of legitimacy when any person is born during the continuance of a valid marriage between his mother and any man This presumption is relevant under Section 12 of the Evidence Act when there is a dispute relating to the

a.       maternity of the child

b.       paternity of the child

c.       both maternity and paternity

d.       guardianship of the child

 

12.   Consider the following statements:

1.       The police officer is not bound to give information about the arrest of the accused to any of his relations or friends. 

2.       A registered medical practitioner cannot use force to examine a person accused of rape sent by the police for such examination.

Which of the statement given above is/are correct?

a.       1 only

b.       2 only

c.       Both 1 and 2

d.       Neither 1 nor 2

 

13. Match List I with List II and select the correct answer using the code given below the Lists:

List I                                                               List II

A.      Two or more                                               1. Abetment

persons agree to do

an illegal act

B.      Five or more                                               2. Joint liability

persons unitedly

commit robbery                      

C. One person                                           3.Criminal conspiracy

instigates another

to do an

illegal act

D. Offence done by                                    4. Dacoity 

several person in

furtherance of

the common

intention.

 Code:

     A B C D

a.       2 4 1 3

b.       2 1 4 3

c.       3 4 1 2

d.       3 1 4 2

 

14. With a view to taking some jewels, 'A' opens a box by breaking it and finds that there is no jewel in it. In this case 'A' is guilty of 

a.       Abetment of theft

b.       Extortion

c.       Attempt to commit theft

d.       No offence because he could not find any jewel in it

 

15. 'A' is a warehouse keeper. 'B', going on a journey entrusts his household goods to 'A' under a contract that they shall be returned on payment of a stipulated sum for warehouse room. 'A' dishonestly sells the goods. 'A' is guilty of

a.       Committing criminal breach of trust 

b.       Committing criminal misappropriation of the property

c.       Committing theft

d.       Committing cheating

 

16.'A' finds a valuable diamond. Not knowing to whom it belongs. 'A' sells it immediately without attempting to discover the owner. 'A' is

a.       Guilty of theft as it is causing wrongful gain to him

b.       Guilty of criminal breach of trust

c.       Guilty of extortion

d.       Guilty of criminal misappropriation of property

 

17.   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 85 of IPC, which of the above need to be proved?

a.       1 and 4

b.       1 and 3

c.       1 and 2

d.       2 and 4

 

18.   Consider the following statements: Mens rea is notan essential ingredient in

1.       cases not criminal in any real sense but which in the public interest are prohibited under a penalty.

2.       cases which are in the nature of public nuisance.

3.       cases criminal in form but which are really only a summary mode of enforcing a civil right.

Which of the statements given above are correct?

1.       1,2 and 3

2.       1 and 2 only

3.       2 and 3 only

4.       1 and 3 only

 

19.   Which one of the following is an exception to the offence of murder?

a.       An act justified by law to kill a person

b.       Killing a person having been intoxicated without one's consent

c.       Aiding suicide with the consent of deceased adult

d.       Killing a man in an accident caused by negligent driving

 

20.   A person is compelled to join a gang of dacoits by reason of threat of being beaten. Which one of the following suggestions is correct in this case?

a.       He is not liable for any offence

b.       He is liable for the offence even though • he joined the gang out of fear

c.       He is not liable as there was instant fear of his death at the hands of dacoits

d.       He will be liable for all dacoities committed by that gang

 

21.   Strict liability is imposed in which of the following situations?

1.       Commission of crime with intention.

2.       An act which amounts to a crime even though it is committed without any intention.

Select the correct answer using the code given below:

a.       1 only   

b.       2 only

c.       Both 1 and 2      

d.       Neither 1 nor 2

 

22.   Under IPC, when the offence is punishable with both imprisonment and fine a sentence of imprisonment for nonpayment of fine shall not exceed

a.       One half of the maximum term of imprisonment fixed for the offence

b.       Maximum term of imprisonment fixed for the offence

c.       One fourth of the maximum term of imprisonment fixed for the offence

d.       One third of the maximum term of imprisonment fixed for the offence

 

23.   Consider the following statements:

1.       'A' wilfully by a misrepresentation misled a police officer to arrest 'B' instead of 'C'.

2.       'A' instigates 'B' to murder 'C', 'B' refuses to do so.

3.       'A' instigates 'B' to murder 'D', 'B' stabs 'D'. 'D' survives from wound

Which of the above constitute the offence of abetments?

a.       1,2 and 3

b.       1 and 3 only

c.       2 and 3 only

d.       1 and 2 only

 

24.   Consider the following statements:

1.       The medical examination of a rape victim shall be conducted by

2.       Any registered medical practitioner of her choice.

3.       A registered practitioner employed in a hospital rim by Government or by a local authority.

4.       Any registered medical practitioner with the consent of the victim under some special circumstances.

Which of the statements given above is/are correct?

a.       1 and 2 only

b.       2 and 3 only

c.       3 only

d.       1,2 and 3

 

25. Match List I with List II and select the correct answer using the code given below the Lists:

                List I                                       List II

A.      R.C. Cooper v.                                 1. Privy Purses

    Union of India   

B.      Madhavrao Sc india                         2. Pith and substance

    v. Union of India              

C.      PrafuJJa Kumar                              3. National Security Act

    Banarjee v. Bank              

    of Commerce

D.      A.K. Roy v.                                       4. Bank Nationalisation

    Union of India   

    Code:

                  A B C D

a.       3 2 1 4

b.       3 1 2 4

c.       4 2 1 3

d.       4 1 2 3

 

26.   In which one of the following cases did the Supreme Court uphold the law which had prohibited a person from contesting panchayat elections if he/she had more than two living children?

a.       Javed v. State of Haryana

b.       Jat Singh v. State of Rajasthan

c.          Quareshi v. State of Bihar

d.       Air India v. Nargesh Mirza

 

27.   In which one of the following cases is a civil servant, before dismissal, entitled to be heard?

a.       If the President is satisfied that in the interest of security of the State it is not expedient to hold an enquiry into the misconduct of the civil servant

b.       If the disciplinary authority records that it is not reasonably practicable to hold the enquiry

c.       Where the civil servant has been convicted on a criminal charge and the basis of dismissal is the same conduct

d.       When the disciplinary authority is satisfied that the civil servant has no defence

 

28.   Which of the following statements is/are correct?

1.       No bill can be introduced in the legislature of a state for imposing reasonable restrictions on the freedom of trade without previous sanction of the President.

2.       No bill can be introduced in either House of Parliament for altering the name of a state without the name of a state without the recommendation of the President and the concurrence of the state legislature concerned.

Select the correct answer using the code given below:

a.       1 only   

b.       2 only

c.       Both 1 and 2      

d.       Neither 1 nor 2

 

29.   In which one of the following cases, the Supreme Court invalidated clause of the Article 323A of the Constitution of India?

a.       S.P. Sampath Kumar v. Union of India

b.       Minerva Mills Ltd. v. Union of India

c.       L. Chandra Kumar v. Union of India

d.       Ashok Kumar Thakur v. State of Bihar

 

30.   Who among the following presides over a joint session of Parliament?

a.       The President of India

b.       The Vice-President of India

c.       The Speaker of the House of the People

d.       The Chief Justice of India

 

31.   Which one of the following has been set up under the Constitution of India?

a.       The Planning Commission

b.       The Law Commission

c.       The National Commission to Review the Constitution

d.       The Finance Commission

 

32.   The right to equality prevents the State from

a.       Making any provision for women and children

b.       Making 3% reservation fro physically handicapped persons

c.       Making special provision for the advancement of socially and educationally backward classes of citizens

d.       Giving reservations in public employment to Scheduled Tribes irrespective of any consideration to efficiency of administration

 

33.   The VIII Schedule of the Constitution of India does not include which one of the following languages?

a.       Nepali

b.       Bodo

c.       Bhojpuri

d.       Dogri

 

34.   In which case has the Supreme Court held that no reservation under “OBC” category can be made to creamy layer for admissions in educational institutions?

a.       Indra Sawhney v. Union of India

b.       M. Nagraj v. Union of India

c.       Ashok Kumar Thakur v. Union of India

d.       State of Kerala v. N.M. Thomas

 

35.   In which one of the following cases it is not mandatory for the President or any other authority to consult the Union Public Service Commission?

a.       In matters covered by Article 335 of the Constitution

b.       Principles to be followed in making appointments

c.       Award of pension in respect of injuries sustained by a civil servant while in service

d.       Memorials and petitions pertaining to disciplinary matters

 

36.   The Constitution of India makes special provisions for many States. The special provisions have not been made in the case of which one among the following States?

a.       Assam

b.       Andhra Pradesh

c.       Goa

d.       Meghalaya

 

37.   The ratification by state legislatures is not required for a constitutional amendment bill passed by Parliament in respect of an amendment of

a.       Union List in Seventh Schedule

b.       Article 241 with regard to High Courts for Union Territories

c.       Articles 1 to 3 with regard to Union and its territory

d.       Article 162 with regard to the extent of power of state executive

 

38.   Which one of the following can be termed as “non obstante clause”?

a.       "Subject to the provisions of ..."

b.       "Notwithstanding anything contained in...."

c.       "Nothing contained in    "

d.       "A law referred to in ....."

 

39.   Which one of the following statements is true?

A dying declaration to be admissible

a.       must be made before a magistrate

b.       must be made before a police officer

c.       must be made before a doctor

d.       may be made before a magistrate, police officer or doctor

 

40.   Which one of the following statements is not a fact in issue under the Evidence Act?

1.       The existence of any right which is asserted or denied by the parties.

2.       The existence of any disability asserted or denied by the parties.

3.       The existence of a right admitted by the parties.

Select the correct answer using the code given below:

a.       1

b.       2

c.       3

d.       None of the above

 

41.   Which of the following statements is/are correct?

1.       Evidence under the Evidence Act means and includes

2.       oral evidence

3.       all documents except electronic records

4.       all documents including electronic records

Select the correct answer using the code given below:

a.       1,2 and 3

b.       1 only

c.       2 and 3 only

d.       1 and 3 only

 

42.   The Indian Evidence Act 1872 applies to

a.       the whole of India including the state of Jammu and Kashmir

b.       all judicial proceedings in or before any . Court

c.       proceedings before an Arbitrator

d.       affidavits presented to any Court or Officer

 

43.   Burden of proof under Section 101 of the Evidence Act .

a.       never shifts

b.       goes on shifting as the trial proceeds

c.       may shift

d.       may shift with the permission of the Court

 

44.   In order to raise a presumption in favour of an electronic produced before a Court from any proper custody the record rhust be minimum of

a.       five years old

b.       ten years old 

c.       fifteen years old

d.       none of the above

 

45.   Which of the following facts need not be proved?

a.       Oral evidence

b.       Documentary evidence

c.       Facts taken Judicial notice by Court

d.       Relevant facts

 

46.   Which one of the following statements is not correct?

a.       In civil cases character to prove conduct is irrelevant

b.       In criminal cases previous good character is irrelevant

c.       In civil cases character as affecting , damages is relevant

d.       In criminal cases previous bad character is irrelevant unless evidence has been given of good character

 

47.   Which one of the following is not a correct statement ai^out expert opinion? '

a.       The opinion of an expert is seldom conclusive

b.       Facts which are irrelevant become relevant when they support the opinion of experts

c.       Expert opinion is binding on the judge always

d.       Evidence of Experts is a suggestive piece of evidence

 

48.   Which of the following is not secondary evidence?

a.       Certified copies of public documents

b.       Copies made from or compared with the original

c.       Counterparts of documents as against the parties who did not execute them

d.       Oral accounts of the contents of a document given by some person who has himself not seen it.

 

49.   Under which of the following situations secondary evidence of a document under Section 65 of the Evidence Act is not permissible?

a.       The original is destroyed or lost

b.       The original is of such a nature as not to be easily movable

c.       The original is a public document within the meaning of Section 74

d.       When the existence of the original has been proved to be admitted orally by the person against whom it is proved

 

50.   Consider the following statements:

In criminal proceedings the burden of proof is

1.       on the prosecution to prove the guilt of the accused person.

2.       on the accused to prove his innocence.

Which of the statements given above is/are' correct?

1.       1 only

2.       2 only

3.       Both 1 and 2

4.       Neither 1 nor 2

 

51.   Which one of the following statements is not correct?

Refreshing memory by a witness under Section 159 of the Evidence Act means

a.       referring to any writings made by the witness

b.       referring to any writings made by any other person and read by the witness

c.       referring to any copy of the document by the witness with court permission

d.       referring to another witness for taking his assistance

 

52.   ‘A’ is a accused before a Court of Sessions of attempting to murder a police officer whilst on his trial before ‘B’, a Sessions Judge. Can ‘B’ be examined as a witness under the above situations as to what has occurred in his presence?

a.       May be examined as to what occurred

b.       Cannot be examined as to what occurred

c.       Can be examined but only with the permission of the Higher Court

d.       Can be examined only if the Session Judge consents

 

53.   Match List I was List II and select the correct answer using the code given below the Lists:

List I                                                          List II

A.      The examination                      1. Re-examination

of a witness by the

party who calls him

B.      Witness who lets                      2. Examination  in Chief

down the party who             

calls him

C.      Examination of a                       3 Hostile witness

by the witness, adverse

party

D.      Question suggesting                4. Leading questions

the answer which                     

the person putting                           5. Cross examination

 CODE:

A B C D

a.       2 5 3 4

b.       2 3 5 4

c.       4 3 1 2

d.       4 1 3 2

 

54.   A accused of murder, alleges that by grave and sudden provocation he was deprived of the power of self control. On whom the burden of proof lies in the above situation to establish grave and sudden provocation?

a.       On the prosecution

b.       On ‘A'

c.       On the Court

d.       On the witnesses

 

55.   ‘A’ is tried for the murder of ‘B’. He takes the plea of self-defence but the evidence adduced by him is not sufficient to put his case under this exception, although it is enough to create doubt whether the charge against him has been positively proved. In this case

a.       A' is guilty of murder because he has not discharged his burden of proof

b.       A' is guilty of culpable homicide not amounting to murder because his case falls under exceptions to section 300IPC

c.       A' has committed no offence because self-defence is a recognized ground of exemption from criminal liability

d.       A' is entitled to acquittal as the prosecution has failed to prove his guilt beyond reasonable doubt.

Directions: The following five items consist of two statements, one labelled as the Assertion and the other as 'Reason (R)'. You are to examine these two statements carefully and select the answers to these items using the code given below:

Code:

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 , v

c.       A is true but R is false

d.       A is false but R is true

 

56.   Assertion (A): A confession made to police officer is not admissible.

Reason (R): The intention of the legislature is to put stop to the extortion of confessions , from accused persons.

 

57.   Assertion (A): Courts cannot review the question as to what "aid and advice" is given by the Council of Ministers to the President.

Reason (R): The question of 'aid and advice' by the Council of Ministers is a "non justiciable issue".

 

58.   Assertion (A): Parliament has power to make any law for implanting any treaty, agreement or convention with any other country.

Reason (R): As an exception to normal powers, the Parliament has been given certain special powers.

 

59.   Assertion (A): The State shall not deny to any person equality before the law and equal protection of laws within the territory of India.

Reason (R): The Article cannot be invoked against discrimination made by Constitutional Provisions.

 

60.   Assertion (A): To constitute the offence of conspiracy there must be an agreement between two or more persons to do an act which is illegal or which is to be done by illegal means.

Reason (R): One person cannot be held guilty of criminal conspiracy because one cannot conspire 'with himself.

 

61.   Facts under the Evidence Act means:

a.       anything capable of being perceived by the senses only

b.       anything not being capable of being perceived by the senses only

c.       only any mental condition of which any person is conscious

d.       anything capable of being perceived by the senses and any mental condition of which any person is conscious

 

62.   Which one of the following statements is not Correct?

The Court takes the assistance of experts when it has to form an opinion on

a.       a point of foreign law

b.       identity of handwriting

c.       identity of finger impression

d.       point of Indian law

 

63.   In which one of the. following a dying declaration is admissible?

a.       In criminal proceedings Only      

b.       In civil proceedings only

c.       Both in civil and criminal proceedings

d.       In civil proceedings only with the permission of the court

 

64.   Which one of the following statements is true? Admissions are

a.       conclusive proof of the matter admit ted

b.       not conclusive proof of the matter but may operate as estoppels under certain provisions of the Evidence Act

c.       conclusive proof of the matter admitted and always operate as estoppels

d.       not conclusive proof of the matter

 

65.   Under which condition a Court may take into consideration the confession of one accused against himself and another person?

a.       If they are tried jointly for the same offence

b.       If they are tried jointly for different offences

c.       If they are tried for the same offence but not jointly

d.       If they are tried for different offences and not jointly

 

66.   Oral evidence, under Section 60 of the Evidence Act, 1872 must in all cases be

a.       indirect

b.       circumstantial

c.       direct

d.       may be presumed by Court

 

67.   Section 27 of the Evidence Act applies:

a.       when the person giving information is an accused but not in police custody

b.       when the person giving information.is an accused and is in police custody

c.       when the person is in police custody but not an accused

d.       when the person is neither in police custody nor an accused

 

68.   The term “police custody” used under Section 26 of the Indian Evidence Act 1872 means which one of the following?

a. Physical presence of the police before an accused person

b. Indirect control by the police of an accused person

c. (C) Some restrictions by the police oyer an accused person

d. Some kind of surveillance and restrictions over the accused person by the police

 

69.   Which of the following statements is correct?

a.       Admissions may be oral or documentary or contained in an electronic form

b.       Admissions is by documentary proof only

c.       Admissions are conclusive proof of the matters admitted

d.       Admissions include admission by conduct

 

70.   Which of the following statements is true?

‘A’.is tried for the murder of ‘B’. There is evidence of the fact that ‘B’ prosecuted ‘A’ for libel and that ‘A’ was convicted and sentenced. This judgement is

a.       conclusive proof of the murder of 'B' by 'A' as it is judgement in rem

b.       relevant but hot conclusive proof as it relates to matters of a public nature relevant to the inquiry

c.       relevant as the existence of such judgement is a fact in issue

d.       relevant under Section 8 as showing the motive for the murder of 'B'

 

71.   Which one of the following statements is not true?

According to Section 5 of the Evidence Act, evidence may be given in any suit or proceeding of the

a.       existence of every fact in issue

b.       non existence of every fact in issue

c.       those facts declared relevant under the various provisions of the Evidence Act

d.       those facts which the parties think are relevant

               

72.   Which one of the following is not included in Union List?

a.       Postal service

b.       Defence

c.       Audit and Accounts

d.       Public Health

 

73.   The Sarkaria Commission was set up to define

a.       The powers of the Union Government

b.       The Centre-State relations

c.       The powers of the State Government

d.       Allocation of taxes between Centre and States

 

74.   Match List I with List II and select the correct answer using the code given below the Lists:

List I                                               List II

(Article in Constitution)               (Subject)

A. Article 17                                1. Maternity relief

B. Article 42                                2. Abolition of untouchability                                                                                  

C. Article 21                                3. Freedom of Press

D. Article 19                                4. Protection of life and personal liability                                                                      

Code:

             A B C D

a.       3 4 1 2

b.       3 1 4 2

c.       2 4 1 3

d.       2 1 4 3

 

75.   Match List I with List II and select the correct answer using the code given below the Lists:

List I _                                                       List II

A.      Golak Nath v.                               1. Minority Educational Institutions

      State of Punjab I                    

B.      Olga Tellis v.                              2.Prospective overruling

      Bombay Municipal                  

      Corporation

C.      T.M.A. Pai                                   3. Doctrine of eclipse

       Foundation v.                           

      State of Karnataka

D.       Keshavan Madhava                    4. Right to Livelihood

     Menon v. State of                    

     Bombay

Code

                            A B C D

a.       3 4 1 2

b.       3 1 4 2

c.       2 4 1 3

d.       2 1 4 3

 

76.   Match list I with List II and select the correct answer using the Code given below the Lists:

List I                                               List II

A. Chief Election                       1. Elected by

Commissioner                          Rajya Sabha

B. Deputy Chairman                 2. Elected by

of Rajya Sabha                          Members of Lok Sabha

C. Speaker of Lok                     3. Appointed by

Sabha                                           the President

D. Chairman of Public              4. Appointed by

Accounts                                     the Speaker of

Accounts Committee                             Lok Sabha

Code:

                A B C D

a.       4 1 2 3

b.       4 2 1 3

c.       3 1 2 4

d.       3 2 1 4

 

77.   Consider the following statements:

The Governor of a State

1.       is the Constitutional Head of the State.

2.       always acts as an agent of die Centre.

3.       is an integral part of the State Legislature

Which of the statements given above are correct?

a.       1,2 and 3

b.       1 and 2 only

c.       2 and 3 only

d.       1 and 3 only

 

78.   Which of the following authority/authorities has/have powers to prohibit carrying of arms in any procession or mass drill or mass training with arms?

a.       District Magistrate or Sub-divisional Magistrate or Executive Magistrate

b.       Executive Magistrate or Magistrate 1st class

c.       District Magistrate only

d.       Executive Magistrate only

 

79.   Which one of the following statements is not correct with regard to the nature of criminal attempt?

a.       Criminal attempt is the direct movement towards the Commission of the offence after the preparations are made

b.       Criminal attempt is an intentional preparatory action which fails in object

c.       An act which is done intentionally in attempting the commission of an offence

d.       When commission of an act done intentionally is successful, it is criminal attempt

 

80.   The execution of death sentence can be postponed in case of

a.       Possibility of continuation in the Special Court

b.       Possibility of appeal in the Supreme Court and in case of pregnant woman

c.       Possibility of appeal in High Court and not in case of pregnant woman

d.       Possibility of confirmation by the Sessions Court

 

81.   ‘A’ puts jewels into a box belonging to ‘B’, with the intention that this circumstance may cause ‘B’ to be convicted of the offence of theft. Here, ‘A’ is liable to be punished for

a.       Giving false evidence only

b.       Giving or fabricating false evidence

c.       Fabricating false evidence with intent to cause conviction with imprisonment

d.       Fabricating false evidence only

 

82.   An automatic box was the property of the company. The box contained a slit of sufficient size to admit a coin and a projecting button. The box was so constructed that upon a coin being dropped into the slit and the button being pushed in, a chocolate would be ejected from the box. ‘A’ dropped into the slit a brass disc about the size and shape of the coin, and thereby obtained a chocolate. ‘A’ is

a.       Guilty of theft

b.       Guilty of extortion

c.       Guilty of cheating

d.       None of the above

 

83.   Consider the following statements:

1.       Section 144 of Criminal Procedure Code is a wider and more general Section than Section 145 of Criminal Procedure Code.

2.       Section 144 of Criminal Procedure Code is discretionary; whereas Section 145 of Criminal Procedure Code is mandatory.

Which one of the statements given above is/ are correct?

a.       1 only

b.       2 only

c.       Both 1 and 2

d.       Neither 1 nor 2

 

84.   ‘A’ pulls down houses in good faith of saving human lives and property in a great fire. In this case, which of the following statements is correct?

a.       He has committed an offence of mischief

b.       He has committed an offence of house tresspass

c.       He has committed an offence of house breaking

d.       He has committed no offence

 

85.   Penalty under the Surety Bond

a.       Can be remitted in full or in part

b.       Cannot be remitted

c.       Can be renvtted in full

d.       Can be remitted in part only

 

86.   Bail amount fixed by a magistrate can be reduced by

a.       The magistrate himself

b.       The chief judicial magistrate

c.       The High Court or the Court of Session

d.       All of the above

 

87.   Consider the following statements:

1.       A person intentionally omitted to give information which he is legally bound to give.

2.       A person gives information relating to a crime which he knows to be false.

3.       A person causes disappearance of evidence in order to save the accused from the accusation of crime.

Which of the above amount/amounts to an offence for screening the offender from criminal liability punishable under Section 201 IRC?

a.       1 only   

b.       2 only

c.       3 only   

d.       1,2 and 3

 

88.   Consider the following statements:

1.       Having been bound by law to state the truth, a person makes a false statement in a proceeding before a public servant.

2.       Having been legally bound by an oath to state the truth a person makes a false statement before a court of justice.

Which of the above will amount to giving false evidence?

a.       1 only

b.       2 only

c.       Both 1 and 2

d.       Neither 1 nor 2

 

89.   A person is arrested and remanded to judicial custody for the offence of theft. He is in such custody for the last three and half years and his trial has not yet been commenced. Which of the following suggestions is correct in this case?

a.       He shall be released unconditionally

b.       He shall not be released unless a bail petition is moved on his behalf

c.       He shall be released on bail only when he remained in custody for half of the maximum period of sentence provided for the offence

d.       None of the above

 

90.   Consider the following statements:

1.       A court has no power to release a woman on bail if the offence is punishable with death or imprisonment for life.

2.       An accused shall not be released on bail by a court if he had been convicted previously on two or more occasions of a cognizable offence punishable with imprisonment for three years or more.

3.       Necessity for identification by witnesses during investigation shall not be sufficient ground for rejection of bail.

Which of the statements given above are correct?

a.       1,2 and 3

b.       1 and 2 only

c.       2 and 3 only

d.       1 and 3 only

91.   Any public notice issued or an order made which prohibits carrying arms in procession or mass-drill or mass-training with arms shall remain in force for not more than

a.       Two months

b.       Three months

c.       Four months

d.       Five months

 

92.   Consider the following statements:

1.       A public servant accepted gratification to show favour to a person.

2.       A person expecting to become a public servant accepted gratification to show favour.

3.       A person not expecting to be in office accepted gratification to show favour.

Which of the above amount to an offence by a public servant u/s 161 IRC?

a.       1 and 2 only

b.       1 and 3 only

c.       2 and 3 only

d.       1,2 and 3

 

93.   Which of the following sections of IRC deals with volenti-nonfit-injuria?

a.       87

b.       88

c.       89

d.       All of the above

 

94.   ‘A’ takes some ornaments belonging to ‘B’ out of B’s possession without B’s consent with the intention of keeping it until he obtains money from ‘B’ as a reward for its restoration. ‘A’ is

a.       Guilty of criminal misappropriation

b.       Guilty of extortion

c.       Not guilty of theft or extortion

d.       Guilty of theft

 

95.   ‘A’ strikes ‘B’. ‘B’ is by this provocation excited to violent rage. ‘C’, a bystander intending to take advantage of ‘B’s rage, and to cause him to kill ‘A’, puts a knife into ‘B’s hand for that purpose. ‘B’ kills ‘A’ with the knife. Here

a.       'B' has committed culpable homicide but 'C' is guilty of murder

b.       'B' is guilty of murder but 'C' has committed only culpable homicide

c.       Both 'C' and 'B' are guilty of murder

d.       Both 'C' and 'B' are guilty of culpable homicide not amounting to murder

 

96.   Insanity produced by drunkenness is a

a.       good defence to the crime charged

b.       weak defence to a crime charged

c.       way to reduce the gravity of crime charged

d.       way to increase the gravity of crime charged

 

97.   An act is nof an offence if it is committed by a person, who is a

a.       6 years old boy

b.       18 year old girl

c.       21 year old boy

d.       11 year old girl

 

98.   Which one of the following is not a characteristic of an offence of theft?

a.       Dishonest intention to take property

b.       The property must be movable

c.       It should be taken out of the possession of another person

d.       Movement of property is not necessary

 

99.   ‘A’ meets a bullock carrying a box of treasure. He drives the bullock in a certain direction in order that he may dishonestly take the treasure. In this case ‘A’ commits

a.       Criminal misappropriation of property

b.       No offence until the treasure is being taken away

c.       Theft, as soon as the bullock begins to move

d.       Criminal breach of trust

 

100.  Which one of the following statements does not come under the definition of ‘Complaint’ under section 2of the Criminal Procedure Code?

a.       Complaint is an oral or a written allegation

b.       It is to be made only to the Magistrate

c.       It is related to some person known or unknown who has committed an offence

d.   Police report made after investigation which discloses the commission of a cognizable offence

 

101.           Consider the following statements:

Bailable offence within the meaning of Criminal Procedure Code means

1.       An offence which is enumerated as bailable in the First Schedule.

2.       An offence which is made bailable by any other law for the time Joining in force.

3.       All other, offences as stated in criminal law.

Which of the statements given above are correct?

a.       1,2 and 3             

b.       2 and 3

c.       1 and 2 only

d.       1 and 3 only

 

102.           Consider the following statements:

a.       Abetment is constituted by

b.      instigating a person to commit an offence.

c.       engaging in a conspiracy to commit it.

d.      intentionally aiding a person to commit it.

Which of the statements given above are correct?

a.       1,2 and 3             

b.       1 and 2 only

c.     2 and 3 only       

d.       1 and 3 only

 

103.           Consider the following statements:

Parliament’s power to legislate State subjects in State List means Parliament has the power

1.       to legislature on State List with the consent of the State.

2.       to legislate on State List for implementing treaties and international

Which of the statements given above is/are correct?

a.       1 only   

b.       2 only

c.       Both 1 and 2      

d.       Neither 1 nor 2

 

104. Consider the following statements:

Parliament can legislate on a subject of State List

1.       if the Council of States passes a resolution by two-thirds majority of members present and voting that it is expedient int he national interest to do so.

2.       if two or more State Legislatures pass a resolution to that ct.

Which of the statements given above is/are correct?

a.       1 only

b.       2 only

c.       Both 1 and 2

d.       Neither 1 nor 2

 

105.    Match List I with List II and select the correct answer using the code given below the Lists:

List I                                       List II

(Doctrine)                           (Meaning)

A. Doctrine of Pith           1. You cannot do

and Substance                 indirectly what you cannot do                                                   directly

B. Doctrine of                    2. The part of the

Incidental                           Statute which is

Encroachment                   bad can be served from

                                      the rest

C. Doctrine of                    3. A law is not

Severability                       invalid even though trenched                                                    incidentally to another List

D. Doctrine of                    4. True nature

Colourable                         and character

Legislation                          of the legislation

 

CODE:

                A B C D

a.       1 2 3 4

b.       1 3 2 4

c.       4 2 3 1

d.       4 3 2 1

 

106.           Consider the following statements:

Under Article 243D, not less than one-third seats of the total number of seats in the panchayat to be filled directly by election shall be reserved for women. This one-third reservation for women

1.       shall include women from SC and St

2.       is in addition to the separate reservation of one-third seats for women belonging to SC and ST.

Which of the statements given above is/are correct?

a.       1 only   

b.       2 only

c.       Both 1 and 2      

d.       Neither 1 nor 2

 

107. Who of the following has the right to participate in the proceedings of State Legislature?

a.       Chairman, State Public Service Commission

b.       Chief Justice of High Court

c.       . Advocate General

d.       Chief of Police Force in the State

 

108. Match List I with List II and select the correct answer using the code given below the Lists:

List I                                               List II

(Subject Matter)                      (Case Law)

A. Judicial review                     1. Indira Gandhi v.

                                                        Raj Narain

B. Free and fair                         2. Kesavananda

Elections                                     Bharti v. State

                                                        of Kerala

C. Balance between                  3. S.R. Bommai v.

Part III and Part IV           Union of India

     D. Secularism                             4. Minerva Mills

                                                                Ltd. v. Union

                                                                of India

Code:

A B C D

a.       3 1 4 2

b.       2 4 1 3

c.       3 4 1 2

d.       2 1 4 3

 

 

109. Separation of judiciary from the executive has been provided in which of the following?

a.       The Preamble of the Constitution of India

b.       The fundamental rights of .the Constitution of India

c.       The Directive Principles of the State Policy of the Constitution of India

d.       The Seventh Schedule of the Constitution of India

 

110. Consider the following statements regarding Directive Principles of State Policy:

1.       They are not enforceable in a Court of Law.

2.       Their enforcement may override fundamental rights.

3.       They are fundamental in the governance of the State.

Which of the statements given above are correct?

a.       1,2 and 3             

b.       1 and 2 only

c.       2 and 3 only       

d.       1 and 3

 

111. Which one of the following Directive Principles of State Policy is not a Gandhian principle.

a.       The State shall take steps to organise village panchayats

b.       The state shall endeavour to promote cottage industries

c.       The state shall take steps for preservation and improving the breeds and prohibiting the slaughter of cows and other milch cattle

d.       The state shall endeavour to secure a uniform civil code throughout the territory of India

 

112. Which one of the following was said by Dr. B.R. Ambedkar as the “heart and soul” of the Constitution of India?

a.       Right to freedom of religion

b.       Right to Constitutional remedies

c.       Right to Property

d.       Right to equality

 

113. The “Right to Property” as a fundamental right was removed by which one-of the following Constitutional Amendments?

a.       25th Amendment

b.       93rd Amendment

c.       44th Amendment

d.       42nd Amendment

 

114. Safeguards against the arrest and detention are provided under which Article of the Constitution of India?

a.       Article 25            

b.       Article 22

c.       Article 14            

d.       Article 19

 

115. Right to free and compulsory education to children between six and fourteen years of age is provided by which Article of the Constitution?

a.       Article 21A         

b.       Article 14

c.       Article 21            

d.       Article 45

 

116.  In which case did the Supreme Court hold that freedom of speech and expression guaranteed by Article 19(1) includes the right to information?

a.       Secretary, Ministry of Information and Broadcasting v. Cricket Association of Bengal

b.       Menaka Gandhi v. Union of India

c.       Kharak Singh v. State of Uttar Pradesh

d.       Minerva Mills Ltd. v. Union of India

 

117. Which provision of the Constitution spells out “right to clean environment” as a fundamental right?

a.       Article 14            

b.       Article 19

c.       Article 21            

d.       Article 22

 

118. Being a juristic person, a company is not a citizen. But in which one of the following cases the Supreme Court held that if the state action impairs the rights of the company thereby affecting the rights of the shareholder, the protection of Article 19 will be available to him?

a.       State Trading Corporation of India v. Commercial Tax Officer

b.       Tata Engineering & Locomotive Co. v. State of Bihar

c.       R.C. Cooper v. Union of India

d.       Barium Chemicals Ltd. v. Company Law Board

 

119. The Preamble of our Constitution proclaims ourselves as a Sovereign Republic. In whom does the Sovereignty vests?

a.       People of India

b.       The Constitution of India

c.       The Parliament

d.       The Supreme Court of India

 

120. 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

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