Jharkahnd APO Mock Test Law Paper - 4

Jharkahnd APO Mock Test Law Paper - 4

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JHARKHAND APP MOCK TEST-4

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1. How many circumstances has enumerated under Section 300 of the Indian Penal Code, under which culpable homicide is murder?

a. Two

b. Three

c. Four

d. Five

 

2. A' enters into a house of 'B' with intent to cause grievous hurt to 'B', but finds that 'B' is not in the house. What offence, if any, has been committed by 'A'?

a. Attempt to cause grievous hurt

b. House trespass

c. No offence

d. (a) and (b) both

 

3. Under which of the following Sections of the Indian Penal Code, death of assailant may be caused in right of private defence of body and property?

a. 100 and 103

b. 101 and 102

c. 105 and 103

d. 98 and 103

 

4. Under which Section of the Indian Penal Code, provision for the offence of abetment is provided?

a. Section 106

b. Section 107

c. Section 108

d. Section 102

 

5. X' meets 'Y' in the way. 'Y' points out a dangerous knife to 'X' and demands his watch. 'X' gives the watch to 'Y'. What offence has been committed?

a. Theft

b. Extortion

c. Robbery

d. Assault

 

6. For what 'Govinda', the accused in the famous case of 'R V. Govinda' (1876) 1 Bombay 342, was punished?

a. Culpable homicide

b. Grievous hurt

c. Murder

d. He was acquitted

 

7. Which one is not essential element of theft?

a. Movable property

b. Possession of that property

c. Ownership of that property

d. Removal of that property

 

8. What is minimum punishment for voluntarily causing grievous hurt by use of acid?

a. 7 years imprisonment with fine

b. 10 years imprisonment with fine

c. 15 years imprisonment with fine

d. 20 years imprisonment with fine

 

9. X' and 'Y' are at quarrel. It develops into fight in which both suffer bodily injury. However, 'Y' suffers more grievous hurt and dies after three days in hospital. 'X' will be liable for which offence?

a. Causing grievous hurt

b. Murder

c. Culpable homicide

d. No offence

 

10. Which one of the following Sections of the I.P.C. provides punishment for causing death or resulting in persistent vegetative state of victim?

a. Section 376A

b. Section 376B

c. Section 376C

d. Section 376E

 

11. How many exceptions are provided in criminal defamation under Indian Penal Code?

a. Six

b. Eight

c. Nine

d. Ten

 

12. 'Wrongful gain' and 'Wrongful loss' have been defined under Indian Penal Code, in which of the following Section?

a. Section 22

b. Section 23

c. Section 24

d. Section 25

 

13. Which one of the following provisions of the Indian Penal Code, is based on "M'Naghten Rule"?

a. Section 84

b. Section 83

c. Section 85

d. Section 81

 

14. Which one of the following Sections of the Indian Penal Code defines 'Affray'?

a. Section 159

b. Section 156

c. Section 145

d. Section 157

 

15. Which of the following provisions of Indian Penal Code defines 'Making a false document"?

a. Section 467

b. Section 468

c. Section 462

d. Section 464

 

16. A' sings obscene songs near the gate of Girls Degree College. What offence he was committed?

a. Assault

b. Outraging the modesty of a woman

c. Criminal intimidation

d. Obscenity

 

17. Which one of the following provisions of the Indian Penal Code, punishes to misconduct in public by a drunken person?

a. Section 507

b. Section 508

c. Section 509

d. Section 510

 

18. Which one of the following Sections of the Indian Penal Code, defines 'Voluntarily'?

a. Section 39

b. Section 38

c. Section 37

d. Section 40

 

19. Under which of the following Sections of the Indian Penal Code, rash or negligent driving of vehicle on public way is an offence?

a. Section 277

b. Section 278

c. Section 279

d. Section 280

 

20. Under which of the following sections of the Indian Penal Code, 1860 a conspiracy to wage war against the Government of India is punishable?

a. Section 121A

b. Section 120

c. Section 121

d. Section 124

 

21. Under Section 65 of the Indian Penal Code, 1860, sentence of imprisonment for non- payment of fine shall be limited to

a. One-third of the maximum term of imprisonment fixed for the offence

b. One-fourth of the maximum term of imprisonment fixed for the offence

c. One-half of the maximum term of imprisonment fixed for the offence

d. One-fifth of the maximum term of imprisonment fixed for the offence

 

22. If an offender is sentenced to an imprisonment for a term exceeding one year, the term of solitary confinement shall not exceed

a. One month

b. Two months

c. Three months

d. No limit

 

23. Under which one of the following provisions of the Indian Penal Code, 1860 causing death of child in the mother's womb is not homicide?

a. Explanation I of Section 299

b. Explanation II of Section 299

c. Explanation III of Section 299

d. Explanation IV of Section 300

 

24. When anybody in order to commit extortion puts any person into fear of death or grievous hurt he is punishable under?

a. Section 383

b. Section 385

c. Section 386

d. Section 388

 

25. A, in good faith believing property belonging to Z, to be his own property, take the property out of B's possession. A is guilty of

a. Theft

b. Criminal misappropriation of property

c. Criminal breach of trust

d. No offence

 

26. The principle that 'possession is prima facie proof of ownership' is contained under which Section of the Indian Evidence Act?

a. Section 106

b. Section 107

c. Section 109

d. Section 110

 

27. Which one of the following term is not inclusive in Section 8 of the Indian Evidence Act?

a. Intention

b. Preparation

c.  Motive

d. Conduct

 

28. Which of the following pairs is not correctly matched under Indian Evidence Act?

a. Section 45 - Opinions of experts

b. Section 67-A-Proof as to electronic signature

c.  Section 74-Public documents

d. Section 124-Professional communication

 

29. Which one of the following sections of Indian Evidence has been substituted by the Information Technology Act, 2000?

a. Section 29

b. Section 39

c. Section 40

d. Section 35

 

30. Which Section of the Indian Evidence Act, makes the provision that there shall be no new trial on the ground of improper admission or rejection of evidence?

a. Section 167

b. Section 161

c. Section 160

d. Section 154

 

31. Which of the following documents is 'Public Document'?

a. Only the documents forming records of the acts of sovereign authority.

b. Only the documents forming records of the acts of official bodies.

c. Only the public records kept in any state of private documents.

d. All of these

 

32. Which of the following questions shall not be asked in examining a witness?

a. Only that which is intended to insult.

b. Only that which is intended to annoy.

c. Only that which appears to the court needlessly offensive.

d. All of these

 

33. Under which Section of the Indian Evidence Act, provisions for presumption as to gazettes in Electronic form has been made?

a. Section 85C

b. Section 81A

c. Section 88A

d. Section 90A

 

34. All facts, except the contents of documents may be proved by

a. Primary evidence

b. Secondary evidence

c. Oral evidence

d. Circumstantial evidence

 

35. Which one of the following is not the exception to the rule of hearsay under the law of evidence?

a. Expert's opinion

b. Dying declaration

c. Confession

d. Res gestae

 

36. Section 115 of the Indian Evidence Act is founded upon the doctrine laid down in which one of the following case?

a. Banwari Lal Vs. Sukhdarshan

b. Pikard Vs. Sears

c. B. Coleman Vs. P.P. Das Gupta

d. Vishnu Datt Sharma Vs. Dayasharan

 

37. Which Section of the Indian Evidence Act lays down the rule that in certain circumstances admission can be proved by or on behalf of the person making it?

a. Section 18

b. Section 19

c. Section 20

d. Section 21

 

38. Who can make an admission under Indian Evidence Act?

a. Witness to a Proceeding

b. A Party to Proceeding

c. A Third Party

d. The Court

 

39. Under Evidence Act photo of a building is

a. A primary evidence

b. A secondary evidence

c. No evidence

d. None of the above

 

40. Which of the following is the best evidence?

a. Documentary evidence

b. Direct evidence

c. Hearsay evidence

d. Circumstantial evidence

 

41. In which of the following cases constitutionality of Section 73 of the Evidence Act was challenged for violation of Article 20(3) of the Constitution?

a. State of Bombay Vs. Kathikalu

b. Rattan Singh Vs. Himachal Pradesh

c. Kashmira Singh Vs. State of M.P.

d. None of the above

 

42. Which one of the following is not a case on 'Dying Declaration"?

a. Rattan Gaud Vs. State of Bihar

b. Paniben Vs. State of Gujarat

c. Sita Ram Vs. State of U.P.

d. Kaushal Rao Vs. State of Maharashtra

 

43. Under which Section of the Indian Evidence Act bad character of an accused is not relevant?

a. Section 54

b. Section 52

c. Section 53

d. Section 50

 

44. Under which Section of the Indian Evidence Act provision relating to "Examination-in-Chief" is provided?

a. Section 137

b. Section 138

c. Section 139

d. Section 136

 

45. Which of the following is not a public document under the Indian Evidence Act?

a. Judgement of the Court

b. Arrest Warrant

c. Will

d. Affidavit

 

46. Which one of the following terms has not been defined by the Indian Evidence Act under Section 3?

a. Court

b. Document

c. Evidence

d. Confession

 

47. Match list-I with list-Il and select the correct answer using the code given below the lists –

                       List-I                                                                      List-II

A. Electronic Records                                        1. Section 47A Indian Evidence Act

B. Opinion as to digital signature                    2. Section 88A Indian Evidence Act

C. Proof as to digital signature                         3. Section 22A Indian-Evidence Act

D. Presumption as to digital messages           4. Section 67A Indian Evidence Act

Choose the correct Code-

a. A-4, B-3, C-2, D-1

b. A-3, B-1, C-2, D-4

c. A-3, B-1, C-4, D-2

d. A-4, B-1, C-2, D-3

 

48. Which of the following is not correctly matched?

a. Matrimonial communication - Section 122 Indian Evidence Act

b. Confidential communication with Legal Advisors-Section 127 Indian Evidence Act

c. Official communication - Section 124 Indian Evidence Act

d. Professional communication - Section 126 Indian Evidence Act

 

49. "A Barrister is instructed by an Attorney or Vakil that an important witness is a dacoit. This is a reasonable ground for asking the witness whether he is a dacoit." This illustration is based on which Section of the Indian Evidence Act?

a. Section 149

b. Section 148

c. Section 146

d. Section 150

 

50. Under which Section of the Indian Evidence Act “Admission” is defined?

a. Section 18

b. Section 17

c. Section 16

d. Section 19

 

51. Which Section of Cr.P.C. is related to "no unnecessary restraint"?

a. Section 49

b. Section 50

c. Section 48

d. Section 46

 

52. Match list-I with list-Il and select the correct answer using the code given below the lists-

              List-I                                                       List-II

A. Contents of charge                          1. Section 395 Cr.P.C.

B. Judgment                                           2. Section 25 Cr.P.C.

C. Assistant Public Prosecutor            3. Section 353 Cr.P.C.

D. Reference to High Court                 4. Section 211 Cr.P.C.

Code-

a. (A)-3, (B)-4, (C)-2, (D)-1

b. (A)-1, (B)-4, (C)-3, (D)-2

c. (A)-4, (B)-3, (C)-2, (D)-1

d. (A)-4, (B)-2, (C)-3, (D)-1

 

53. Which Section of Cr.P.C. has provision for cancellation of warrants?

a. Section 69

b. Section 70

c. Section 71

d. Section 72

 

54. When the accused is aggrieved by the report of the Psychologist as to his unsoundness of mind, he may appeal to –

a. Magistrate hearing the case

b. High Court

c. Medical Board

d. Session Court

 

55. Which Provision of the Cr.P.C. resembles with Habeas Corpus Writ?

a. Section 91

b. Section 93

c. Section 97

d. Section 95

 

56. Who is given protection from arrest under Section 45 of the Code of Criminal Procedure, 1973?

a. President of India

b. Members of armed forces

c. Judicial Officers

d. Members of Parliament

 

57. Which one of the following sections of Criminal Procedure Code, 1973 has defined the word 'offence'?

a. Section 2(f)

b. Section 2(i)

c. Section 2(n)

d. Section 2(p)

 

58. Under Criminal Procedure Code, 1973 who can file an application for plea bargaining?

a. The Public Prosecutor

b. The Investigating Officer

c.  The Victim of the Offence

d. The Accused of the Offence

 

59. Which one of the following sections of the Criminal Procedure Code, 1973 provides that "no appeal to lie unless otherwise provided"?

a. Section 372

b. Section 373

c. Section 374

d. Section 371

 

60. Recently in which one of the following cases the Supreme Court has given directions for the medical treatment of the victim of acid attack?

a. State of M.P. v. Madan Lal

b. Laxmi v. Union of India

c. Jagdar Singh v. State of Haryana

d. None of the above

 

61. Under Criminal Procedure Code, 1973 the Irregularities which vitiate trial have been stated in

a. Section 460

b. Section 461

c. Section 462

d. Section 463

 

62. Complaint as defined under section 2(d) of the Criminal Procedure Code, 1973 is concerned with

a. Cognizable offence only

b. Non-Cognizable offence only

c. Both (A) and (B)

d. None of the above

 

63. Under which one of the following Sections of the Criminal Procedure Code, 1973 monthly allowances or the Interim monthly allowances for maintenance can be altered?

a. Section 125

b. Section 126

c. Section 127

d. Section 128

 

64. Under Section 164-A of the Code of Criminal Procedure, 1973 the victim of rape shall be sent to a registered medical practioner for examination within from the time of receiving the information relating to the commission of such offence –

a. 6 hours

b. 12 hours

c. 24 hours

d. 36 hours

 

65. The provision of examination of arrested person by medical officer is provided under which section of the Code of Criminal Procedure?

a. Section 53

b. Section 54

c. Section 55

d. Section 56

 

66. The maxim "Nemo debet bis vexari pro eadem causa" finds place in which of the following section of the Code of Criminal Procedure, 1973?

a. Section 299

b. Section 300

c. Section 301

d. Section 305

 

67. When an appeal has been filed under Section 374 of the Code of Criminal Procedure, 1973 against a sentence passed under Section 376- D of the Indian Penal Code, the appeal shall be disposed of

a. Within a period of six months from the date of filing of such appeal

b. Within a period of three months from the date of filing of such appeal.

c. Within a period of nine months from the date of filing of such appeal.

d. Within a reasonable period.

 

68. "The bail is rule, jail is exception" This rule is laid down by the Supreme Court in:

a. Joginder Singh V. State of U.P.

b. Pritam Singh V. State of Punjab.

c. Moti Ram V. State of M.P.

d. Rajumari V. State of U.P.

 

69. When a search is required to be conducted outside India, a criminal court may require under section 166 - A of the code of Criminal Procedure to issue a –

a. Search Warrant

b. Letter of requisition

c. Letter of request

d. Written order

 

70. In the case of a continuing offence a fresh period of limitation commences –

a. From the date of the offence

b. On the first day on which such offence comes to the knowledge of any police officer

c. On the first day on which the identity of the offender is known to the person aggrieved by the offence.

d. At every moment of time during which the offence continues.

 

71. Match List I with List II and select the correct answer using the code given below the

lists:

                  List - I                                            List – II

A. Anticipatory bail                                                                        1. Section 272, Cr. P.C.

B. Cognizance on complaint                                                         2. Section 110, Cr. P.C

C. Language of Courts                                                                    3. Section 438, Cr. P.C.

D. Security of good behaviour from habitual offenders          4. Section 190, Cr. P.C.

Code-

a. ABCD

    2413

b. ABCD

    1342

c. ABCD

    4231

d. ABCD

    3412

 

72. Discharge of the accused before trial has been provided under which of the following Sections of the Criminal Procedure Code?

Choose the correct answer with the help of code given below:

1. Section 227

2. Section 239

3. Section 255

Code:

a. Only (1) is correct

b. Only (2) is correct

c. Both (1) and (2) are correct

d. Both (1) and (3) are correct

 

73. Assertion (A): Inquiry precedes trial. Reason (R): Trial is the third stage of criminal proceeding.

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

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

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

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

 

74. An order under____________ of the Code of Criminal Procedure, 1973 acts as a bar under section 300 of the Code to the trial of the accused for the same offence. 

a. Section 256 

b. Section 203 

c. Section 227 

d. Section 239

 

75. Joining of two or more independent and respectable inhabitants of the locality in which the place is to be searched is the mandate under:

a. Section 100(1) of Cr P.C

b. Section 100(2) of Cr P.C

c. Section 100(3) of Cr P.C

d. Section 100(4) of Cr P.C

 

76. The Vice-President can be removed from his office before expiry of his term by the—

a. President

b. Members of the Council of States and agreed by the House of the People

c. Member of the Rajya Sabha

d. The Supreme Court

 

77. Which Article of the Constitution provides that "Subject to the provisions of any law made by Parliament or any rules made under Article 145, the Supreme Court shall have the power to review any judgement pronounced or order made by it"?

a.  Article 134

b. Article 135

c. Article 136

d. Article 137

 

78. Which is not a qualification to become a High Court Judge?

a. He should be a citizen of India

b. He has at least ten years of experience as an advocate of High Court

c. He has completed the age of 35 years

d. He has, for at least ten years, held a judicial office in India

 

79. To protect and improve the natural environment including forests, lakes, rivers and wild life, and to have compassion for living creatures is, for every citizen of India:

a. A fundamental right

b. A legal right

c. A fundamental duty

d. None of the above

 

80. "A" and "B" were the candidates for the post of Professor in a University. "B" is selected. "A" challenges the selection and appointment. What writ he should pray for?

a. Mandamus

b. Certiorari

c. Prohibition

d. Quo warranto

 

81. Article 24 of the constitution prohibits employment of children in any factory or mine or in any hazardous employment below the age of

a. Eighteen years

b. Twelve years

c. Fourteen years

d. Sixteen years

 

82. Right to freedom of religion cannot be restricted on the grounds of:

a. Morality

b. Public order

c. Health

d. Security of state

 

83. Under which Article, the prime minister is duty bound to furnish information to the president?

a. Article 75

b. Article 77

c. Article 78

d. Article 79

 

84. Who among the following is a legal advisor of the State Government as provided by the Constitution?

a. Public Prosecutor

b. Solicitor General

c. Advocate General

d. Attorney General

 

85. Who is known as the “Father of the Indian Constitution”?

a. Jawaharlal Nehru

b. Sardar Vallabhbhai Patel

c. Dr. B.R. Ambedkar

d. None of the above

 

86. Which among the following article of the Constitution of India says that all public places are

open to all citizens?

a. Article 15(2)

b. Article 16(2)

c. Article 17

d. Article 18

 

87. Which article empowers the Parliament to provide for the establishment of a Central University in the state of Andhra Pradesh?

a. Article 371A

b. Article 371C

c. Article 371E

d. Article 371F

 

88. Under which article can the Parliament, by law, impose restrictions on the exercise of the fundamental rights of members of the armed forces and police forces?

a. Article 31

b. Article 32

c. Article 33

d. Article 34

 

89. Which article grants the Parliament the power to constitute a High Court for a Union Territory or to declare any court in any Union Territory to be a High Court?

a. Article 239A

b. Article 240

c. Article 241

d. Article 242

 

90. Which article allows Parliament to legislate on a matter in the State List if the legislatures of two or more states pass a resolution to that effect?

a. Article 248

b. Article 249

c. Article 252

d. Article 253

 

91. Which article prevents the discussion of the conduct of a Supreme Court or High Court judge in Parliament, except upon a motion for their removal?

a. Article 121

b. Article 122

c. Article 124

d. Article 125

 

92. Which article explicitly provides for the establishment of a "State Public Service Commission" and a "Joint State Public Service Commission" for the states?

a. Article 312

b. Article 315

c. Article 318

d. Article 323

 

93. Which of the following constitutional articles grants the Supreme Court the power to withdraw to itself cases from the High Court involving the same or substantially the same questions of law of general importance?

a. Article 136

b. Article 139A

c. Article 140

d. Article 142

 

94. Which article empowers the Parliament to declare by law that the "Fundamental Rights" may be exercisable by or under the authority of a public authority in a limited and restricted manner?

a. Article 33

b. Article 34

c. Article 35

d. Article 36

 

95. Under which article can a High Court issue a direction, order, or a writ for purposes "other than the enforcement of fundamental rights"?

a. Article 32

b. Article 226

c. Article 227

d. Article 228

 

96. Which constitutional amendment, along with its specific article, introduced the Goods and Services Tax (GST) in India?

a. 101st Amendment, Article 246A

b. 103rd Amendment, Article 15

c. 97th Amendment, Article 243

d. 99th Amendment, Article 124

 

97. Which article has the heading "Definition of the State"?

a. Article 10

b. Article 11

c. Article 12

d. Article 13

 

98. The heading "Uniform civil code for the citizens" is found in which article?

a. Article 40

b. Article 41

c. Article 44

d. Article 45

 

99. Which Article has the heading "Taxes not to be imposed save by authority of law"?

a. Article 265

b. Article 266

c. Article 264

d. Article 262

 

100. Which Article has the heading "High Courts to be courts of record"?

a. Article 215

b. Article 216

c. Article 217

d. Article 264

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