Jammu & Kashmir Prosecuting officer Mock Test - 3 | English Medium

JAMMU AND KASHMIR PROSECUTING OFFICER

MOCK TEST-3

1. What is the maximum punishment for a public servant under Section 7 of the Prevention of Corruption Act (PC Act), 1988?

a. 3 years

b. 5 years

c. 7 years and fine

d. 10 years

2. Criminal misconduct by a public servant is defined under the Prevention of Corruption Act (PC Act), 1988:

a. Section 11

b. Section 12

c. Section 13

d. Section 15

3. Section 11 of the Prevention of Corruption Act (PC Act), 1988 specifically addresses a public servant obtaining a valuable thing:

a. Through extortion.

b. For a consideration known to be inadequate.

c. By influencing a judge.

d. For an election campaign

4. "Dishonest misappropriation" of property by a public servant falls under which section post-2018 under the Prevention of Corruption Act (PC Act), 1988?

a. Section 7.

b. Section 11.

c. Section 13(1).

d. Section 15.

5. Which agency is primarily responsible for investigating offences under the Prevention of Corruption Act, 1988?

a. State Police

b. Central Bureau of Investigation (CBI)

c. Vigilance Commission

d. Lokayukta

6. What is the significance of the Vineet Narain case (1998) in corruption law?

a. It established the presumption of guilt in corruption cases

b. It mandated judicial review in corruption trials

c. It ensured independence of CBI in investigating corruption cases

d. It abolished the need for prior sanction for prosecution

7. As per the Unlawful Activities (Prevention) Act, who is liable to be punished?

i. Whoever advocates, abets, advises or incites the commission of, any unlawful activity.

ii. Whoever assists any unlawful activity of any association, declared unlawful under section 3.

a. Only i

b. Only ii

c. Both i and ii

d. None of the above

8. UAPA was passed in the year

a. 1966

b. 1967

c. 1976

d. 1980

9. To which specific chapter of the UAPA does the burden of proof provision in Section 29 apply?

a. Chapter III (Offences and Penalties)

b. Chapter IV (Terrorist Acts)

c. Chapter V (Forfeiture of Proceeds of Terrorism)

d. Chapter VI (Terrorist Organisations)

10. Under Section 25(1) of UAPA, whose prior approval is mandatory for a State police officer to seize property believed to be "proceeds of terrorism"?

a. The District Magistrate

b. The Director General of Police (DGP) of the State

c. The Union Home Secretary

d. The Chief Justice of the High Court

11. Which of the following activities is specifically criminalized under Section 18A of UAPA?

a. Recruiting persons for a terrorist act.

b. Imparting training in terrorist acts at a camp.

c. Participating in a training camp for terrorist acts.

d. Both (b) and (c).

12. Which of the following activities was specifically highlighted in a 2026 Supreme Court ruling as potentially falling under Section 15 of UAPA?

a. Peaceful sit-in protests

b. Plans to organize "chakka jams" (road blockades) that likely disrupt essential services

c. Publishing an academic critique of government policy

d. Participating in a registered political rally

13. Order 29 of Civil Procedure Code is related to

a. Suits by Government

b. Suits by Pauper

c. Suits by or against corporation

d. None of the above

14. Order XXVI, Rule 4A CPC, empowers the court to issue commission in a suit for examination of a person—

a. Resident within the local limit of its jurisdiction

b. Resident beyond the local limits of its jurisdiction

c. Who is about to leave the local limits of its jurisdiction

d. Both (a) and (b)

15. The provision regarding 'summary suits' are in:

a. Order 32 of the Code of Civil Procedure

b. Order 37 of the Code of Civil Procedure

c. Order 28 of the Code of Civil Procedure

d. Order 30 of the Code of Civil Procedure

16. Under Civil Procedure Code, 1908 "every suit shall be instituted by presenting a plaint in duplicate to the court or such officer as it appoints in this behalf." This is provided under

a. Section 26

b. Section 20

c. Order 3 Rule 1

d. Order 4 Rule 1

17. Under Section 152 CPC an order can be corrected by the court where there has been

a. A clerical mistake.

b. An arithmetical mistake.

c. An error caused by an accidental slip or omission.

d. All of these

18. Which of the following deals with the time for inspection when notice given in the Code of Civil Procedure?

a. Order 16, Rule 12

b. Order 4, Rule 13

c. Order 6, Rule 10

d. Order 11, Rule 17

19. Which of the following deals with the statement and production of evidence in the Code of Civil Procedure?

a. Order 12, Rule 5

b. Order 14, Rule 20

c. Order 18, Rule 2

d. Order 11, Rule 7

20. In order for that a decision in a former suit may operate as res judicata, the court which may decide that suit must have been?

I. A civil court of competent jurisdiction

II. A court of exclusive jurisdiction

III. A court of concurrent jurisdiction ‘competent to try the subsequent suit’

IV. A court of limited jurisdiction competent to try the issue raised in the subsequent suit

a. Either I or III

b. Either II or III

c. Either III or IV

d. All of these

21. Which of the following deals with the transfer of decree in the Code of Civil Procedure?

a. Section 41

b. Section 36

c. Section 39

d. Section 52

22. Bar to further suit is dealt under which of the following in the Code of Civil Procedure?

a. Section 11

b. Section 16

c. Section 13

d. Section 12

23. What is the maximum period of perpetuity permitted under TPA?

a. 18 years

b. Life of the last person living plus 14 years

c. Life of the last person living plus minority of the person who attains full age

d. 99 years

24. When two persons mutually transfer ownership of one thing for the ownership of another, it is called:

a. Sale

b. Gift

c. Exchange

d. Lease

25. A "Vested Interest" is:

a. Defeated by the death of the transferee before possession

b. Not defeated by the death of the transferee before possession

c. Dependent on an uncertain event

d. None of the above

26. The "Doctrine of Lis Pendens" applies to:

a. Movable property

b. Immovable property

c. Both a and b

d. Actionable claims

27. The term "Attested" in Section 3 of TPA means:

a. Signed by the party

b. Signed by at least two witnesses who saw the executant sign

c. Verified by a Magistrate

d. Stamped by the Sub-Registrar

28. Section 10 of the TPA deals with:

a. Transfer to an unborn person

b. Condition restraining alienation

c. Conditional transfer

d. Direction for accumulation

29. Which section prohibits the transfer of a "mere right to sue"?

a. Section 6(a)

b. Section 6(b)

c. Section 6(e)

d. Section 6(h)

30. In which type of mortgage is the possession of property delivered to the mortgagee?

a. Simple Mortgage

b. Usufructuary Mortgage

c. English Mortgage

d. Mortgage by Conditional Sale

31. Actionable claims are dealt with under TPA:

a. Section 54

b. Section 105

c. Section 130

d. Section 122

32. A transfer of property to an unborn person is valid only if it is preceded by:

a. A gift

b. A prior life interest

c. A lease

d. A mortgage

33. An acknowledgement of liability under Section 18 of LIMITATION ACT must be:

a. Oral

b. In writing and signed

c. Recorded by a Magistrate

d. Published in a newspaper

34. For Section 14 of LIMITATION ACT to apply, the previous proceeding must have been pursued with:

a. Negligence

b. Undue haste

c. Good faith and due diligence

d. Mala fide intention

35. If the court is closed on the day the limitation period expires, the suit may be instituted:

a. On the day the court reopens

b. Within 30 days of reopening

c. One day before the court closed

d. Never; the right is lost

36. Section 5 (Condonation of Delay) applies to:

a. Suits and Executions

b. Appeals and Applications

c. Suits only

d. All legal proceedings

37. "Period of Limitation" is defined under which section?

a. Section 2(a)

b. Section 2(j)

c. Section 3

d. Section 5

38. The Period of Limitation for a suit is determined by:

a. The date the contract was signed

b. The Schedule of the Limitation Act

c. The discretion of the Judge

d. The Code of Civil Procedure

39. Regarding the definitions and procedural mandates of Aggravated Penetrative Sexual Assault (Section 5/6), consider the following statements:

1. An offence is classified as "aggravated" if it is committed by a person in a position of trust or authority, such as a teacher, doctor, or police officer.

2. If a penetrative sexual assault results in the death of the child, it is automatically tried under Section 6 of the POCSO Act rather than Section 302 of the IPC (now BNS).

3. The 2019 amendment specifically added "natural calamities" and "situations of violence" as aggravating circumstances for the commission of this offence.

4. For offences under Section 6, the Special Court must award a fine that is "just and reasonable" specifically to be paid to the victim for medical expenses.

Which of the statements given above are correct?

a. 1, 2, and 4 only

b. 1, 3, and 4 only

c. 2 and 3 only

d. 1, 2, 3, and 4

40. "Sexual Harassment" of a child is dealt with under which section of POCSO ACT?

a. Section 9

b. Section 11

c. Section 13

d. Section 15

41. Any person who has knowledge of a sexual offence against a child but fails to report it can be punished under POCSO ACT:

a. Section 19

b. Section 21

c. Section 23

d. Section 25

42. A report of a sexual offence against a child must be recorded by the police/SJPU and reported to the Child Welfare Committee (CWC) within:

a. 12 hours

b. 24 hours

c. 48 hours

d. 7 days

43. Section 39 of the POCSO Act allows the court to take assistance from:

a. Only the police

b. Interpreters, translators, or special educators

c. Only the child's parents

d. Religious leaders

44. Trials under the POCSO Act are generally conducted:

a. In open court for public viewing

b. In-camera (private)

c. Only in the presence of media

d. In the village panchayat

45. Regarding the Legal Recognition and Authentication of electronic records under the IT Act, 2000, consider the following statements:

1. Under Section 3, a subscriber may authenticate any electronic record by such electronic technique which is considered reliable and is specified in the Second Schedule.

2. Section 10A stipulates that a contract formed through electronic means shall not be deemed unenforceable solely on the ground that electronic form was used for its formation.

3. The provisions of the IT Act regarding digital signatures apply to a "Power of Attorney" as defined in the Powers-of-Attorney Act, 1882.

4. A digital signature is created using an "asymmetric crypto system," which involves a pair consisting of a private key and a public key.

Which of the statements given above are correct?

a. 1 and 4 only

b. 2 and 4 only

c. 1, 2, and 4 only

d. 2, 3, and 4 only

46. Which section of IT ACT addresses "Cheating by Personation" using computer resources?

a. Section 66B

b. Section 66D

c. Section 66A

d. Section 67

47. Section 79 of IT ACT provides a "Safe Harbor" protection for which entity?

a. Individual users

b. Intermediaries (e.g., ISPs, social media)

c. Software developers

d. Government departments

48. Which section empowers the government to issue directions for "Interception or Monitoring" of information?

a. Section 69

b. Section 69A

c. Section 70

d. Section 43A

49. "Protected System" is declared by the Government under which section?

a. Section 68

b. Section 70

c. Section 70A

d. Section 72

50. Section 75 of the IT Act states that the Act applies to offenses committed:

a. Only within India

b. By Indian citizens only

c. Outside India if the offense involves a computer in India

d. Only in metropolitan cities

51. Regarding the powers of investigation, immunity, and evidence under the NDPS Act, 1985, consider the following statements:

1. Immunity granted to an addict under Section 64A is absolute and cannot be withdrawn once the addict enters a detoxification program.

2. A statement recorded by an officer under Section 67 is admissible as a "confessional statement" in a trial, as these officers are not considered "police officers" under the Indian Evidence Act.

3. Under Section 64, the Central or State Government can tender immunity to a person even after the trial has commenced, provided the person makes a full disclosure.

4. If a person granted immunity under Section 64 fails to comply with the conditions or conceals facts, the immunity is withdrawn, and they may be tried for the original offence.

Which of the statements given above are correct?

a. 1 and 2 only

b. 3 and 4 only

c. 1, 3, and 4 only

d. 2 and 4 only

52. Forfeiture of property derived from illicit traffic is governed by which Chapter of the Act?

a. Chapter III

b. Chapter IV

c. Chapter VA

d. Chapter VI

53. If a search is conducted under Section 41(2) of NDPS by a Gazetted Officer himself, Is Section 50 compliance necessary?

a. No, because the searcher is already a Gazetted Officer.

b. Yes, the accused must still be informed of his right to be taken to another Gazetted Officer or Magistrate.

c. Only if the accused requests it in writing.

d. Only in cases of "small quantity."

54. Under Section 68J of NDPS, the burden of proving that any property is NOT "illegally acquired property" lies on:

a. The Narcotics Commissioner.

b. The Prosecution.

c. The Person affected (Accused/Relative).

d. The Special Court.

55. Which section of NDPS deals with "Liability of illicit drugs, substances, plants, articles and conveyances to confiscation"?

a. Section 60.

b. Section 59.

c. Section 58.

d. All of the above.

56. Special Courts for trials under the NDPS Act are constituted under which section?

a. Section 32

b. Section 36

c. Section 40

d. Section 45

57. The 'Procedure established by law' (Article 21) was expanded to include 'Due process of law' in which case?

a. A.K. Gopalan Case

b. Maneka Gandhi Case

c. Kesavananda Bharati Case

d. Indira Gandhi Case

58. 'Residuary Powers' of legislation in India are vested in:

a. The States

b. The Parliament

c. Both Parliament and States

d. The President

59. The 'Pardoning Power' of the President under Article 72 is:

a. Subject to judicial review.

b. An absolute discretionary power.

c. To be exercised on the advice of the Prime Minister only.

d. Limited only to death sentences.

60. With reference to the Sardar Swaran Singh Committee and the incorporation of Fundamental Duties, consider the following statements:

1. The Committee recommended that the Parliament be empowered to impose penalties or punishments for non-compliance with any of the duties.

2. The Committee suggested that laws imposing such penalties should be immune from judicial review on the grounds of infringing Fundamental Rights.

3. The Committee originally recommended a list of 10 Fundamental Duties, all of which were incorporated by the 42nd Amendment Act.

4. The duty to pay taxes was recommended by the Committee but was not accepted by the government.

Which of the statements given above are correct?

a. 1, 2, and 3 only

b. 1, 2, and 4 only

c. 2, 3, and 4 only

d. 1, 3, and 4 only

61. A 'Money Bill' can be introduced in:

a. Rajya Sabha only.

b. Lok Sabha only.

c. Either House of Parliament.

d. Joint Sitting only.

62. The 'Fifth Schedule' deals with the administration of Scheduled Areas in:

a. Assam, Meghalaya, Tripura, Mizoram.

b. Any state except Assam, Meghalaya, Tripura, Mizoram.

c. Only North-Eastern states.

d. Only Union Territories.

63. The 'Gram Sabha' consists of:

a. All adults in a village.

b. All elected members of the Panchayat.

c. All persons registered in the electoral rolls of the village.

d. Only the Village Head and Elders.

64. Who is the 'Guardian of the Public Purse' in India?

a. Finance Minister

b. Prime Minister

c. CAG

d. RBI Governor

65. Article 32 (Right to Constitutional Remedies) was described as the 'Heart and Soul' of the Constitution by:

a. Jawaharlal Nehru

b. B.R. Ambedkar

c. Rajendra Prasad

d. Sardar Patel

66. The 'Inter-State Council' is established by:

a. The Parliament

b. The President

c. The Chief Justice of India

d. The NITI Aayog

67. Who can be held liable for the offence of falsification of accounts under Section 344 of the Bharatiya Nyaya Sanhita, 2023?

a. Only the managing director of a company

b. Any person who is a clerk, officer, or servant acting with fraudulent intent

c. Only the owner of the company

d. Any person, regardless of their employment status

68. Which section of the Bharatiya Nyaya Sanhita, 2023 deals with the term “harbour”?

a. Section 2(13)

b. Section 2(14)

c. Section 2(15)

d. Section 2(11)

69. A, a man, has sexual intercourse with a woman by falsely promising to marry her. What is the newly introduced offence in the BNS that covers this act?

a. Deceitful sexual intercourse.

b. Sexual intercourse by fraudulent means.

c. Rape under Section 69.

d. Cruelty under Section 86.

70. A, a foreign national, commits an offense on an Indian registered ship on the high seas. The ship later docks at a port in India. Can A be tried under the BNS?

a. Yes, because the BNS has jurisdiction over offenses committed on Indian ships anywhere.

b. No, because A is a foreign national, and the offense occurred outside Indian territory.

c. Yes, but only if there is a mutual treaty with A's home country.

d. No, because the BNS only applies to Indian citizens for offenses committed outside India.

71. A, being legally bound to produce a document before a District Court, intentionally omits to produce the same. A has committed the offence under which section of the Bharatiya Nyaya Sanhita, 2023?

a. Section 209

b. Section 210

c. Section 211

d. Section 212

72. A, a police officer, whose duty it is to prevent robbery, abets the commission of robbery. Here, though the robbery be not committed, A is liable to

a. One-half of the longest term of imprisonment provided for that offence, and also to fine.

b. One-fourth of the longest term of imprisonment provided for that offence, and also to fine.

c. One-sixth of the longest term of imprisonment provided for that offence, and also to fine.

d. None of the above

73. Which chapter of the Bharatiya Nyaya Sanhita, 2023 deal with “OF OFFENCES RELATING TO DOCUMENTS AND TO PROPERTY MARKS”?

a. CHAPTER XVI

b. CHAPTER XV

c. CHAPTER X

d. CHAPTER XVIII

74. Which of the following is not an element required to constitute the offence of "making a false document" under Section 335 of the Bharatiya Nyaya Sanhita, 2023?

a. The act must be done dishonestly or fraudulently.

b. The person making the document must not have lawful authority to do so.

c. The document must be physically created or altered, not electronically.

d. The act must be done with the intention that the document be believed to be made by a person who did not authorize it.

75. Which provision of the Bharatiya Nyaya Sanhita, 2023 deals with ‘Kidnapping or abducting child under ten years of age with intent to steal from its person’?

a. Section 99

b. Section 97

c. Section 96

d. Section 95

76. A attacks Z under such circumstances of grave provocation that his killing of Z would be only culpable homicide not amounting to murder. B, having ill-will towards Z and intending to kill him, and not having been subject to the provocation, assists A in killing Z. Here, though A and B are both engaged in causing Z’s death.

a. B is guilty of no offence, and A is guilty only of culpable homicide.

b. A is guilty of murder, and B is guilty only of culpable homicide.

c. A is guilty of no offence, and B is guilty only of culpable homicide.

d. B is guilty of murder, and A is guilty only of culpable homicide.

77. Which of the following is an essential characteristic of a "judicial proceeding" as defined in Section 2(1)(m) of the BNSS?

a. It must result in a final judgment.

b. It must be presided over by a High Court judge.

c. It involves the possibility of evidence being legally taken under oath.

d. It can only be initiated by a public prosecutor.

78. If a person submits a complaint via electronic communication, what must they do to formalize it, as per Section 173(1) of the BNSS, 2023?

a. Provide a digital signature within 24 hours.

b. Follow up with a handwritten letter within seven days.

c. Sign the information within three days.

d. Appear in person at the police station immediately.

79. What happens if a case involves two or more offenses, and at least one of them is a cognizable offense, according to Section 174(4) of the BNSS?

a. The police must get a Magistrate's order to investigate any non-cognizable offense in the case.

b. The case is treated as a non-cognizable case.

c. The entire case is treated as a cognizable case.

d. The cognizable offense is investigated separately from the non-cognizable one.

80. What does Section 182 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, specifically prohibit?

a. The use of physical force to obtain a confession.

b. Police officers from offering any inducement, threat, or promise to influence a person's statement.

c. The recording of a statement during an interrogation.

d. Any person under investigation from seeking legal counsel.

81. Which provision of BNSS, 2023 deals with “Cancellation of bond and bail bond”?

a. Section 493

b. Section 490

c. Section 491

d. Section 492

82. Which court's inherent powers are primarily saved and recognized under Section 528 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023?

a. The Supreme Court

b. The Sessions Court

c. The High Court

d. The District Court

83. The BNSS contains provisions relating to the release of under trial prisoners who have been detained for a certain period. Under the BNSS, when is an under trial who has been detained for one-half of the maximum sentence for an offence permitted to be released on a personal bond?

a. In all cases.

b. In any case except where the offence is punishable with death.

c. In any case except where the offence is punishable with both death and life imprisonment.

d. Never.

84. The BNSS has incorporated the provision for registering a "Zero FIR." What does a Zero FIR mean?

a. An FIR that is registered for minor or petty offences.

b. An FIR that can be registered by the public online.

c. An FIR that can be registered at any police station, irrespective of where the crime occurred.

d. An FIR that does not require a physical signature.

85. When an accused person appears before a Magistrate in a case exclusively triable by a Court of Session, what is the Magistrate's mandatory duty under Section 232 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023?

a. To conduct the trial personally to avoid delay.

b. To commit the case to the Court of Session.

c. To dismiss the case for lack of jurisdiction.

d. To refer the case to the High Court for directions.

86. Under Section 360 of the BNSS, who can withdraw from the prosecution of a case?

a. A police officer.

b. The presiding Judge or Magistrate.

c. The Public Prosecutor or Assistant Public Prosecutor.

d. The victim, with the court's permission.

87. Which of the following is an exception to the requirement for the Magistrate to examine the complainant and witnesses under oath?

a. When the complaint is against a private citizen.

b. When the complaint is in writing and made by a public servant or a court acting in their official capacity.

c. When the accused and complainant both agree to waive the examination.

d. When the case is considered a "petty offense."

88. Under BSA, Section 138, an accomplice is considered:

a. A competent witness against an accused.

b. Incompetent to testify without the accused's permission.

c. Competent to testify only if they are the sole witness.

d. Incompetent to testify against an accused.

89. Which section of BSA, 2023 deals with “Presumption as to powers of-attorney”?

a. Section 84

b. Section 86

c. Section 83

d. Section 82

90. Under Section 2(1)(d) of the BSA, 2023, the definition of "document" has been significantly expanded. Which of the following is explicitly included for the first time?

a. Any matter expressed or described upon any substance by means of letters, figures or marks.

b. Any matter expressed or described by electronic means.

c. Any matter expressed or described by digital means, including electronic communication, server logs, and locational evidence.

d. Any matter expressed or described by a combination of physical and electronic means.

91. What is the primary condition for the admissibility of electronic records under the BSA, 2023?

a. The electronic record must be printed and signed by the person creating it.

b. The record must be notarized to prove its authenticity.

c. Its authenticity and integrity must be proven to the court's satisfaction.

d. Electronic records are always admissible, as they are considered inherently reliable.

92. According to the BSA, which of the following is the status of a confession made by an accused person to a police officer?

a. Admissible if made before a gazetted officer.

b. Admissible if recorded via audio-video electronic means.

c. Not admissible against the accused person.

d. Admissible if later confirmed by a magistrate.

93. Under Section 2(1)(b) of the BSA, 2023, what is the effect of "conclusive proof"?

a. A fact is presumed to be true, but evidence can be given to disprove it.

b. The court can either regard the fact as proved or can call for further evidence.

c. The court shall regard the fact as proved and shall not allow evidence to be given for the purpose of disproving it.

d. A fact is proved beyond a reasonable doubt, and no further evidence is needed.

94. The case of R. M. Malkani v. State of Maharashtra is a landmark judgment relating to the admissibility of:

a. Dying declarations

b. Confessions

c. Electronic evidence

d. Tape-recorded conversations as corroborative evidence.

95. What is the Distinction between "May Presume" and "Shall Presume"?

a. "May presume" is discretionary, while "shall presume" is mandatory.

b. "May presume" is mandatory, while "shall presume" is discretionary.

c. Both terms have the same meaning.

d. "May presume" is used in civil cases, and "shall presume" in criminal cases.

96. What does the term "fact" include under the BSA, 2023?

a. Anything that can be perceived by the senses

b. Any mental condition of which a person is conscious

c. Both (a) and (b)

d. None of the above

97. Which of the following is an example of a "document" under the BSA, 2023?

a. A caricature

b. A voice mail message

c. An inscription on a metal plate

d. All of the above

98. Under Section 104 of the BSA, who has the "burden of proof"?

a. The plaintiff in a civil case

b. The prosecution in a criminal case

c. Whoever desires the Court to give judgment as to any legal right or liability dependent on the existence of facts which they assert

d. The defendant or accused person

99. Under Section 106, the burden of proving a particular fact lies on:

a. The person against whom the fact is alleged

b. The person who is legally bound by the fact

c. The person who wishes the Court to believe in its existence

d. The police officer investigating the case

100. The illustration under Section 44 of BSA mentions that in a question of whether A and B were married, the fact that they were usually treated as husband and wife by their friends is relevant. This is an example of which principle?

a. Conclusive proof.

b. Opinion expressed by conduct.

c. Expert opinion.

d. Hearsay evidence.