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Jharkahnd APO Mock Test Law Paper - 3
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JHARKHAND MOCK TEST-3
LAW
1. Which Sections of Indian Penal Code provides for the offences relating to the Army, Navy and Air Force?
a. Sections 171-A to 171-I
b. Sections 124 to 129
c. Sections 131 to 140
d. Sections 165 to 171
2. Under which Section of Indian Penal Code dishonest misappropriation of property has been defined?
a. Section 403
b. Section 405
c. Section 401
d. Section 400
3. ‘Assault' under Section 351 of Indian Penal Code can be caused by
a. Gestures only
b. Preparation only
c. Mere words
d. Gestures or any preparation
4. In which case the court made a clear distinction between 'common intention' and 'similar intention'?
a. Barendra Kumar Ghosh Vs. King Emperor
b. Mahboob Shah Vs. King Emperor
c. Kripal Singh Vs. State of U.P.
d. Rishi Deo Pandey Vs. State of U.P.
5. State of A.P. Vs. R. Punnayya case deals with distinction between which of following Sections of Indian Penal Code?
a. Section 501 and 502
b. Sections 299 and 300
c. Sections 304-A and 304-B
d. Section 305 and 306
6. Under which Section of the Indian Penal Code, committing theft of a computer from a shop is punishable?
a. Section 379
b. Section 378
c. Section 380
d. Section 374
7. The Right of Private Defence of body extends to causing death if there is
a. Apprehension of death
b. Apprehension of grievous hurt
c. Intention of committing rape
d. All the above
8. Which Section of the Indian Penal Code deals with the defence of involuntary intoxication?
a. Section 84
b. Section 85
c. Section 86
d. Section 82
9. Whoever by force compels, or by any deceitful means induces, any person to go from any place, commit the offence of:
a. Wrongful restraint
b. Kidnapping
c. Abduction
d. Abetment
10. A' a private doctor running his own clinic, refuses to provide medical treatment to 'B', a victim of acid attack. ‘A' is liable under which one of the following Section of the Indian Penal Code?
a. Section 166
b. Section 166-A
c. Section 166-B
d. Section 167
11. The word “illegal” as defined in the Indian Penal Code means:
a. Everything which is an offence only.
b. Everything which is prohibited by law only.
c. Everything which furnishes ground for a civil action only.
d. All of these
12. The minimum punishment in term of imprisonment provided under the Indian Penal Code is:
a. 24 hours
b. 7 days
c. Two days
d. One month
13. A' causes cattle to enter upon the field belonging to 'Z', intending to cause damage to Z's crops. 'A' committed the offence of
a. Cheating
b. Mischief
c. Dishonest misappropriation of property
d. None of these
14. Which one of the following is not an essential element of the offence of acid attack mentioned under Section 326-A of the IPC?
a. Partial damage, deformity or burn
b. Maiming, disfigurement or disablement
c. Damage, disfigurement or grievous hurt
d. Only bodily pain
15. Where a woman is gang raped, each of those persons shall be deemed to have committed the offence of rape and shall be punished with:
a. Death
b. Imprisonment for life
c. Imprisonment for life with fine
d. Rigorous imprisonment not less than twenty years
16. ‘A' signs his own name to a Bill of Exchange, intending that it may be believed that the bill was drawn by another person of same name. 'A' has committed the offence of
a. Cheating
b. Mischief
c. Forgery
d. Fabricating false evidence
17. When two or more persons indulge in fighting at a public place and thereby commit breach of peace, they commit the offence of:
a. Robbery
b. Riot
c. Public nuisance
d. Affray
18. Dishonest misappropriation of property possessed by deceased person at the time of his death, is an offence punishable under the Indian Penal Code in:
a. Section 404
b. Section 406
c. Section 408
d. Section 407
19. Under which one of the following Section of the Indian Penal Code the offence of "stalking” has been defined?
a. Section 354-A
b. Section 354-B
c. Section 354-C
d. Section 354-D
20. A young man waves a currency note of rupees two thousands in front of a woman as if he offers the money for an indecent favour from the woman, he may be criminally booked under:
a. Section 509 IPC
b. Section 508 IPC
c. Section 489-B IPC
d. Section 354-B IPC
21. When a person tries to escape from lawful custody while taken to a Magistrate to furnish security for good behaviour could be punished under the provision of:
a. Section 225-A IPC
b. Section 225-B IPC
c. Section 225 IPC
d. Section 224 IPC
22. 'A' puts jewels into a box belonging to 'B' with the intention that they may be found in that box, and this circumstances may cause 'B' to be convicted of theft. 'A' has committed the offence under which Section of IPC given below?
a. Section 191
b. Section 190
c. Section 193
d. Section 192
23. Which of the following pairs is not correctly matched under Indian Penal Code?
a. Section 93-Communication made in good faith
b. Section 95-Act causing slight harm
c. Section 54-Commutation of sentence of imprisonment for life
d. Section 54-A-Definition of appropriate government
24. Section 195-A of Indian Penal Code is related to:
a. Punishment for false evidence
b. Threat to give false evidence
c. Using evidence known to be false
d. Issuing or signing false certificate
25. Which one is not an exception of defamation under Section 499 of Indian Penal Code?
a. Public conduct of public servant
b. Malicious statements
c. Conduct of any person touching any public question
d. Publication of reports of proceedings of court
26. Which section of the Indian Evidence Act deals with the general principles regarding a child witness's competency to testify?
a. Section 119
b. Section 118
c. Section 120
d. Section 121
27. According to the Indian Evidence Act, 1872, who drafted the Act?
a. Lord Macaulay
b. Sir James F. Stephen
c. Huxley
d. Sir Henry Summer Maine
28. What does Section 114 of the Indian Evidence Act deal with?
a. Estoppel
b. Confessions
c. Presumption as to documents
d. Presumption as to facts
29. The Indian Evidence Act, 1872, applies to all judicial proceedings in or before any Court, including Courts-Martial, but does not apply to:
a. Affidavits presented to any Court or officer.
b. Proceedings before an arbitrator.
c. Both (a) and (b).
d. Neither (a) nor (b).
30. Which section of the Indian Evidence Act deals with "confession caused by inducement, threat or promise"?
a. Section 24
b. Section 25
c. Section 26
d. Section 27
31. Which section of the Indian Evidence Act provides for the "Burden of proof"?
a. Section 100
b. Section 101
c. Section 105
d. Section 110
32. Relevancy and admissibility under the Indian Evidence Act, 1872 are:
a. Synonymous.
b. Co-extensive.
c. Neither synonymous nor co-extensive.
d. Synonymous and co-extensive both.
33. A confession made by an accused person in police custody to a Magistrate is admissible if:
a. The accused was not under any threat or inducement.
b. The Magistrate has recorded the confession under the procedure laid down in the Code of Criminal Procedure.
c. It was made voluntarily.
d. It was made in the immediate presence of a Magistrate.
34. The burden of proving the non-existence of a fact especially within the knowledge of the accused is covered under:
a. Section 101.
b. Section 102.
c. Section 105.
d. Section 106
35. When the court draws a presumption that a document produced is a certified copy of a public document, it is a presumption:
a. Of fact.
b. Of law.
c. Both of law and fact.
d. None of the above.
36. In which of the following circumstances would a dying declaration be inadmissible as evidence?
a. The declarant was a minor at the time of the declaration.
b. The declarant made the statement based on what he had heard from another person (hearsay).
c. The declarant was not under an expectation of death when making the statement.
d. All of the above.
37. When the court asks an expert to compare a disputed handwriting with an admitted handwriting, the action is under the provisions of:
a. Section 45
b. Section 73
c. Section 165
d. Section 148
38. Secondary evidence can be given of the existence, condition, or contents of a document in all of the following cases EXCEPT:
a. When the original is a public document.
b. When the original is destroyed or lost.
c. When the original is in possession of the opposite party and, after notice, is not produced.
d. When the original consists of numerous accounts which cannot be conveniently examined in court.
39. The Indian Evidence Act primarily deals with the law of:
a. Procedural law
b. Substantive law
c. Both (a) and (b)
d. None of the above
40. The burden of proof lies upon:
a. The person who wants a court to believe in a certain fact
b. The judge
c. The defendant
d. The plaintiff
41. Section 50 of the Indian Evidence Act deals with the relevancy of a person's:
a. Opinion on a relationship.
b. Confession.
c. Character.
d. Competence to testify.
42. The burden of proving guilt in a criminal case is on:
a. The accused person
b. The judge
c. The prosecution
d. The victim
43. The Indian Evidence Act is divided into how many parts and chapters?
a. Two parts and ten chapters
b. Three parts and eleven chapters
c. Three parts and ten chapters
d. Two parts and eleven chapters
44. The heading "OF THE RELEVANCY OF FACTS" belongs to which chapter of the Indian Evidence Act?
a. Chapter I
b. Chapter II
c. Chapter III
d. Chapter IV
45. Under which Part of the Indian Evidence Act is the heading "OF THE BURDEN OF PROOF" located?
a. Part I
b. Part II
c. Part III
d. Not covered by any Part
46. If a witness, who is unable to speak, gives his evidence in writing in the open court, evidence so given shall be deemed to be –
a. Documentary evidence
b. Primary evidence
c. Oral evidence
d. Secondary evidence
47. The form of Dying Declaration is
a. Immaterial
b. Material
c. must be in writing only
d. must be orally spoken only
48. The principle underlying Section 40 of the Indian Evidence Act is based on the legal maxim:
a. Audi alteram partem.
b. Res gestae.
c. Res judicata.
d. Ubi jus ibi remedium.
49. Section 80 of the Indian Evidence Act is a mandatory presumption, meaning the court:
a. May presume a fact.
b. Shall presume a fact.
c. Conclusively presumes a fact.
d. Does not presume any fact.
50. The term "confession" is:
a. Defined under Section 3 of the Evidence Act.
b. Defined under Section 17 of the Evidence Act.
c. Not defined by the Evidence Act.
d. Defined under Section 24 of the Evidence Act
51. An order passed by a Magistrate under section 446 of the Code of Criminal Procedure 1973, is appealable to:-
a. Session Judge
b. District Magistrate
c. High Court
d. Supreme Court
52. If a person against whom an order under section 133 of Code of Criminal Procedure, 1973 is made, appears and show cause against the order, the Magistrate shall:-
a. Take evidence in the matter as in a summon case
b. Take evidence in the matter as a warrant case
c. Take evidence in the matter as an extraordinary case
d. Take no evidence
53. Which of the following is not an essential procedural requirement of section 164 of the Code of Criminal Procedure, 1973 namely:-
a. Warning to the accused
b. Confession to be made voluntarily
c. Recording of statement in presence of advocate of the accused
d. Memorandum at the foot of confession
54. Which one of the following Sections of the Cr. P.C deals with 'evidence for defence"?
a. Section 243
b. Section 237
c. Section 242
d. Section 241
55. Power of the court to convert summons cases into warrant cases is provided under which one of the following Sections of the Cr. P.C ?
a. Section 302
b. Section 259
c. Section 301
d. Section 322
56. Claims and objections to attachment of property is provided under which one of the following Sections of the Cr.P.C?
a. Section 84
b. Section 85
c. Section 82
d. Section 80
57. The power to postpone the execution of death sentence is conferred on
a. The Court of Session
b. The Court of Judicial Magistrate
c. The High Court
d. The Court of District Magistrate
58. The validity of an order made under Section 144 of Cr. P.C is
a. Three months
b. Four months
c. Two months
d. Five month
59. Which 'form' mentioned in the Second Schedule of Cr. P.C is related with 'Charge'?
a. Form 31
b. Form 32
c. Form 33
d. Form 34
60. According to Section 97 of the Cr. P.C.,who is not competent to issue a search warrant?
a. The District Magistrate
b. The Sub-divisional Magistrate
c. The Magistrate of First Class
d. The Court of Session
61. Which case is related to the power of the court to examine the accused?
a. Baba Vs. Maharashtra State only
b. Durbal Singh Vs. State only
c. Both (a) and (b)
d. None of these
62. The High Court may exercise its inherent power under Section 482 on which of the following grounds?
a. In rarest of rare case
b. In ex debito justice
c. To prevent abuse of process of any court
d. All of these
63. Which one of the following Sections of the Criminal Procedure Code provides 'Victim Compensation Scheme'?
a. Section 357
b. Section 357A
c. Section 357C
d. Section 357B
64. "Name of the victim of sexual offence shall not be mentioned." It was held in which of the following cases?
a. S. Ramkrishna Vs. State
b. Balwant Rai Vs. Changi Ram
c. Gulzari Lal Vs. State of U.P.
d. Ramapati Vs. State of Bihar
65. No court shall take cognizance of an offence under the Criminal Procedure Code after the expiry of the period of limitation under Section 468. Which one of the following is not correct?
a. Six months, if the offence is punishable with fine only.
b. One year, if the offence is punishable with imprisonment for a term not exceeding one year.
c. Two years in respect of economic offences.
d. Three years, if the offence is punishable with imprisonment for a term exceeding one year but not exceeding three years.
66. "Irregularities which do not vitiate proceedings" is provided in which of the following Sections of the Criminal Procedure Code?
a. Section 461
b. Section 460
c. Section 462
d. Section 463
67. Under Section 167 of the Code of Criminal Procedure, 1973 the maximum period of police custody of an arrested person is
a. 90 days
b. 60 days
c. 15 days
d. 7 days
68. Under which Section of Criminal Procedure Code compensation is paid to groundlessly arrested persons?
a. Section 357
b. Section 358
c. Section 359
d. Section 355
69. In which case Supreme Court held that only a legally wedded wife can claim maintenance under Section 125 of Criminal Procedure Code?
a. Savitaben Somabhai Bhatia Vs. State of Gujarat
b. S.K. Butt Vs. State of U.P.
c. Rajeev Choudhary Vs. State
d. Janak Singh Vs. State of U.P.
70. Which Section of Cr. P.C deals with case diary?
a. Section 169
b. Section 168
c. Section 170
d. Section 172
71. Which Section of Cr. P.C provides that no court shall alter the judgement after it has been signed?
a. Section 362
b. Section 363
c. Section 361
d. Section 360
72. Under which Section of Cr. P.C a search warrant is issued?
a. Section 92
b. Section 90
c. Section 93
d. Section 91
73. Under which Section of Cr. P.C. cognizable offence has been defined?
a. Section 2(a)
b. Section 2(c)
c. Section 2(i)
d. None of the above
74. Which court will grant the anticipatory bail under Section 438 of Cr. P.C.?
a. High Court
b. Session Court
c. Session Court or High Court
d. Judicial Magistrate First Class
75. Which Section of Cr. P.C. authorises the Public Prosecutor to withdraw the prosecution?
a. Section 325
b. Section 322
c. Section 321
d. Section 320
76. The Vice President shall be elected by
a. Total members of both the Houses of the Parliament
b. Elected members of both the Houses of the Parliament
c. Total members of the Rajya Sabha
d. Elected members of the Rajya Sabha
77. Principle of stare decisis is incorporated in of Constitution of India?
a. Article 139
b. Article 138
c. Article 140
d. Article 141
78. Rajya Sabha can withhold Money Bills for a period of how many days?
a. 10 days
b. 12 days
c. 14 days
d. 15 days
79. There is no fundamental right to—
a. Approach the High Court under Article 226 of the Constitution of India
b. Approach the Supreme, Court to claim right to practise carry on business
c. Education
d. Freedom of press
80. Article 48A and Article 51 A(g) were inserted in the Constitution by
a. The Constitution (42nd Amendment) Act, 1978
b. The Constitution (42nd Amendment) Act, 1976
c. The Constitution (43rd Amendment) Act, 1978
d. The Constitution (44th Amendment) Act, 1978
81. Which of the following Fundamental Duties has been added by the 86th Amendment of the Constitution?
a. Duty to develop scientific temper
b. Duty to safeguard public property
c. Duty to defend the country and render national service when called upon to do so
d. Duty of parent to provide opportunity for education to his child
82. The rights given under clauses (1) and (2) of Article 22 of the Constitution of India are not available to—
a. A person arrested for the offence of rape
b. An alien enemy
c. A person detained under preventive detention law
d. Both (b) and (c)
83. Which writ can be issued when the appointment is contrary to the statutory provisions?
a. Mandamus
b. Certiorari
c. Quo warranto
d. Prohibition
84. Final judgments or orders delivered or passed by civil courts in any part of the territory of India shall be capable of execution anywhere within the territory according to the law is provided under which article?
a. Article 261(3)
b. Article 260(2)
c. Article 262(3)
d. Article 260(3)
85. Which Article of the Constitution mentions the Union List, State List and Concurrent List?
a. Article 244
b. Article 245
c. Article 246
d. All of the above
86. The doctrine of Double Jeopardy in Article 20(2) of the Constitution of India means:
a. No one can be tried and punished more than once for the same offence
b. One can be tried several times for the same offence
c. Punishment once awarded cannot be enhanced in appeal or revision
d. One can be tried more than once but punished only once
87. Under the provisions of Article 200 of the Constitution of India the Governor of a state may:
a. Withhold his assent to a Bill passed by the state legislature.
b. Reserve the Bill passed by the state legislature for consideration of the President
c. Return the Bill, other than a money Bill for reconsideration of the legislature
d. All of the above
88. Who called the Preamble as Political Horoscope of Indian Constitution?
a. Thakurdas Bhargava
b. N A Palkhi Wala
c. K M Munshi
d. Jawahar Lal Nehru
89. Who among the following appoints the Advocate General of state?
a. Governor of state
b. Chief Minister of state
c. Chief justice of the high court
d. President of India
90. Who among the following has the right to speak and otherwise take part in the proceedings of either House of the Parliament and to be a member of any Parliamentary Committee in India but is not entitled to vote?
a. The Chief Election Commissioner
b. The Comptroller and Auditor-General
c. The Chairman of the Finance Commission
d. The Attorney-General
91. A House of the state legislature can declare the seat of a member vacant if he absents himself from all its meeting for period of how many days?
a. 20 days
b. 30 days
c. 45 days
d. 60 days
92. The Article 371-F contains special provisions with respect to which state?
a. Sikkim
b. Nagaland
c. Manipur
d. Andhra Pradesh
93. Which of the following statements is correct about the President of India?
a. Addresses first session of Parliament after each General Election
b. Addresses first session of Parliament at the beginning of each year
c. Addresses every session of Parliament
d. Never addresses Parliament
94. In India, who among the following is also known as ‘the guardian of the public purse’?
a. Comptroller and Auditor General of India
b. Prime Minister of India
c. Chief Justice of India
d. Ministry of law and Justice
95. Article 338A of the Constitution of India provides for the establishment of which commission?
a. National Commission for Scheduled Castes
b. National Commission for Scheduled Tribes
c. National Commission for Backward Classes
d. National Commission for Women
96. The residuary powers of legislation in the Indian Constitution are vested with the Parliament under which article?
a. Article 246
b. Article 248
c. Article 250
d. Article 263
97. Which article provides for the protection of interests of minorities?
a. Article 25
b. Article 26
c. Article 29
d. Article 30
98. The financial relations between the Union and the States are discussed in which articles?
a. Articles 268 to 281
b. Articles 245 to 255
c. Articles 282 to 293
d. Articles 294 to 300
99. Which article allows the Parliament to legislate on a matter in the State List in the national interest?
a. Article 248
b. Article 249
c. Article 250
d. Article 252
100. The special provisions related to the administration and control of Scheduled Areas and Scheduled Tribes are contained in which part of the Constitution?
a. Part X
b. Part XII
c. Part XIV
d. Part XVI