Bihar APO Mock Test-8

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1. Facts judicially noticeable:

a. may be proved

b. need not be proved

c. need to be proved

d. need to be proved

2. Which one among the following is not a relevant factor to decide whether an agency or instrumentality should be treated as ‘State’ under Article 12 of the Constitution of India?

a. Deep and pervasive State control

b. Monopoly status conferred or recognized by the State

c. Function which are of public importance

d. Profit earning

3. Which one of the following is not a punishment under Section 4 of Bhartiya Nyaya Sanhita, 2023?

a. Fine

b. Transportation

c. Forfeiture of property

d. Death

4. Which one of the following statements is wrong?

If a person forcibly resists the endeavor to arrest him, the Police Officer may—

a. Use all the means necessary to effect the arrest

b. Cause the death of such person irrespective of the offence he has committed

c. Cause the death of such person accused of murder

d. Cause the death of such person accused of culpable homicide not amounting to murder

5. A Public Prosecutor for the High Court is appointed under Section 18 of Bhartiya Nagarik Suraksha Sanhita, 2023 by the

a. Central Government without consultation with the High Court

b. State Government without consultation with the High Court

c. State Government after consultation with the Central Government

d. State Government or Central Government after consultation with the High Court

6. Equality of opportunity in matters of public employment:

a. Is guaranteed to all citizens of India

b. Is guaranteed to all residents of India

c. Is available to persons of Indian origin irrespective of citizenship

d. Is not provided for in the Constitution

7. Burden of proof:

a. partially determines the right to begin

b. substantially determines the right to begin

c. wholly determines the right to begin

d. none of the above

8. Which one of the following Section of BNSS provides identification of arrested person?

a. Section 53

b. Section 54

c. Section 55

d. Section 60

9. Person who may be said to be of unsound minds

a. An idiot

b. A mad man

c. One who is drunk

d. All of the above

10. Assertion (A): Right to education is a Fundamental Right.

Reason (R) : Our Constitution has no provision for education before making to education as Fundamental Right.

Code:

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

b. Both (A) and (R) 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

11. Which of the following is not a fundamental right guaranteed under Article 19 of the Constitution of India?

a. Freedom of speech and expression

b. Freedom to from associations or union

c. Freedom to reside and settle in any part of the territory of India

d. Freedom of self determination

12. The writ of Habeas Corpus is issued: —

a. by a superior court to the lower court directing it to transfer the record of proceedings in a case for its review

b. in the form of an order calling upon a person who has detained another person to bring that person before court and show authority for such detention

c. by a superior court to a subordinate court to do something in the nature of its allotted duty

d. in the form of an order to stop proceedings in a certain case

13. In Preamble of Constitution, word socialist was added by-

a. Section 2 of 42nd Amendment Act

b. Section 3 of 42nd Amendment Act

c. Section 4 of 42nd Amendment Act

d. Section 5 of 42nd Amendment Act

14. Which one of the following is a leading case on entries in books of account when relevant?

a. R v. Govinda

b. Pakla Narayan Swamy v. King Emperor

c. Moti Singh v. State of U.P.

d. L.K. Advani v. C.B.I.

15. 'Legal insanity' under the Indian law means:

a. Impairment of will faculty

b. Impairment of emotional faculty

c. Impairment of cognitive faculty

d. None of the above

16. An order or decision which suffers from an error of law apparent on the face of record can be quashed by a writ of: —

a. certiorari

b. mandamus

c. Prohibition

d. quo-warranto

17. The word “secular” used in the Preamble of the Constitution of India means: —

a. The State has no religion of its own

b. All religions are treated equally

c. The State has no common religion

d. Both (a) and (b) are correct

18. Directions: For Assertion and Reason Type Question: Question consist of two statements one labelled the Assertion 'A' and the other labelled the Reason 'R'. You are to examine these two statements carefully and decide if the Assertion 'A' and the Reason 'R' are individually true it so whether the Reason is a correct explanation of the Assertion.

Select your answer to these items using the codes given below and mark your answer sheet accordingly.

Assertion (A): 'X', because of unsoundness of mind, not knowing the nature of the act attacks 'Y', who in self-defence and in order to ward off the attack, hits him thereby causing him hurt. 'Y' does not commit an offence.

Reason (R): 'Y' had a right of private defence against 'X' under Section 36 of the BNS.

Codes:

a. Both A and R are true and R is the correct explanation of A

b. Both A and R are true but R is not a correct explanation of A

c. A is true but R is false

d. A is false but R is true

19. Match the following lists and tick the correct Code:

List-I List-II

A. S. 325 of BNSS 1. Report of Government

Scientific Expert

B. S. 326 of BNSS 2. Evidence of Officers of

Mint

C. S. 328 of BNSS 3. Deposition of Medical

Witness

D. S. 329 of BNSS 4. Execution of Foreign

Commission

Code:

A B C D

a. 1 2 3 4

b. 4 3 1 2

c. 4 3 2 1

d. 4 2 3 1

20. Statement A: The presumption under Section 117 of BSA is not attracted if the marriage took place more than seven years prior to the suicide of woman, even if the cruelty is established by prosecution.

Statement B: By the introduction of Section 117 of BSA, the prosecution is not required to prove the facts beyond reasonable doubt against the accused.

Which of the statement is correct?

a. Statement A

b. Statement B

c. Both statement A & B

d. None of the statements

21. What is the basic difference between an offence of abetment by conspiracy and the offence of criminal conspiracy?

a. In case of conspiracy, mere agreement is enough whereas in case of abetment by conspiracy an act should have taken place in pursuance of Conspiracy

b. There is no difference at all

c. In case of conspiracy, an act should also have taken place, but in case of abetment by conspiracy, no act needs to have taken place

d. In case of abetment by conspiracy, there need not be an agreement whereas in case of criminal conspiracy, agreement is essential

22. Which Section of Bhartiya Nagarik Suraksha Sanhita, 2023 authorizes a private person to arrest any person committing cognizable offence?

a. Section 44

b. Section 42

c. Section 40

d. Section 45

23. A command asking a public authority to perform its public duty is called the writ of: —

a. Habeas corpus

b. Quo warranto

c. Mandamus

d. Prohibition

24. 'Doli incapax' in criminal law describes the liability of—

a. An insane person

b. A child below seven years of age

c. A child below twelve years of age

d. A person under the influence of drugs / intoxicants

25. Which of the following statements regarding Section 348 of Bhartiya Nagarik Suraksha Sanhita, 2023 is/are correct?

a. It confers the Court with a power to summon material witness or examine persons present.

b. It gives a discretion to the Court to examine the witness at any stage.

c. It compels the Court to examine a witness if his evidence appears to be essential.

d. All of the above are correct.

26. Which one of the following statements is more correct?

a. Preamble of the Constitution is the part of the Constitution and can be amended under Article 368

b. Preamble of the Constitution is not a part of the Constitution and cannot be amended

c. Preamble is the part of the Constitution and can be amended only if no change in the basic structure is made

d. Preamble can be amended by Parliament simply by an objective resolution

27. Supplemental and incidental proceedings are stated in—

a. C.PC.

b. Cr.P.C./BNSS

c. Unlawful Activities (Prevention) Act

d. None of the above

28. Documents in respect of which privilege has been provided under Section 129 of the BSA

a. is a published official record

b. is an unpublished official record

c. both (a) and (b)

d. none of the above

29. Evidence means and includes

a. statements before police

b. statements in pleadings

c. statements of witness required to be made before the Court

d. all of the above

30. Article 43A which deals with the participation of workers in management of industries was added in constitution by. —

a. 44th Amendment

b. 45th Amendment

c. 42nd Amendment

d. 7th Amendment

31. What writ can be issued for an illegal detention?

a. Writ of Prohibition

b. Writ of Mandamus

c. Writ of Habeas Corpus

d. Writ of Quo Warranto

32. Copies made from or compared with the original is:

a. Primary evidence

b. Secondary evidence

c. Inadmissible evidence

d. None of these

33. The right to equality prevents the State from: —

a. Making any provision for women and children

b. Making 3% reservation for 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

34. A plaint can be rejected

a. under Order VII, Rule 10 of CPC

b. under Order VII, Rule 10A of CPC

c. under Order VII, Rule 11 of CPC

d. all of the above

35. Civil Procedure Code Pleading does not include

a. Plaint

b. Written Statement

c. Evidence

d. Material Facts

36. Where does compulsion amount to a defense?

a. Act done by a person who is compelled to do it by threat of instant death

b. Mischief caused by a person when he was compelled to do so by threat to his property

c. Murder committed by a person in order to gain custody of his kidnapped child

d. Act done by a person who is compelled to do it by threat of death within seven days

37. In which Section of Bharatiya Nyaya Sanhita, 2023 the words 'Good faith' has not been used?

a. Section 28

b. Section 27

c. Section 30

d. Section 31

38. Assertion (A): 'A' a boy aged nine years intentionally kills 'B'. 'A' is liable to be convicted.

Reason (R): A child up to the age of 12 years is immune from criminal liability.

Codes:

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

b. Both (A) and (R) 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

39. The provisions proving conviction is envisaged in which of the following Sections of BNSS?

a. Section 218

b. Section 332

c. Section 334

d. Section 344

40. A notice in writing under Section 80 of the Civil Procedure Code has to be given to the:—

a. Secretary to Central Government in case of suit against that Government

b. President of India in case of suit against the Central Government

c. Secretary of Railways, in case of suit against Central Government involving railways

d. (a) and (c) both

41. Three years period of limitation is prescribed for taking cognizance of the offence punish able with imprisonment for a term not exceeding—

a. One year

b. Three years

c. Five years

d. Seven years

42. An executioner who executes the death penalty is protected from criminal liability under which Section of BNS?

a. Section 21

b. Section 16

c. Section 17

d. Section 18

43. The power to determine the language or a subordinate court is with:

a. High Court

b. State Government

c. Central Government

d. State Government with the concurrence of the High Court

44. The difference between section 3(5) and section 190 of BNS is that

a. Section 3(5) deals with group liability whereas section 190 deals with unlawful assembly

b. Section 3(5) requires five persons whereas section 190 requires minimum of two

c. Section 3(5) requires active participation whereas section 190 is attracted even on membership of the unlawful assembly

d. Section 3(5) is a substantive offence whereas section 190 is a rule of evidence only

45. The rule of res judicata is based on the principle that: —

a. there should be an end to litigation

b. no one should be troubled twice for the same cause of action

c. Both (a) and (b)

d. Neither (c) nor (d)

46. In BNS the pronoun 'he' and its derivatives are used for

a. Male

b. Female

c. Any person whether male or female

d. Such words are not used in the Sanhita

47. A informs B that he had heard from X that Z has committed murder of C few days ago. Evidence of B when examined as a witness in court, would be considered as:

a. Direct evidence

b. Hearsay evidence

c. Circumstantial evidence

d. Expert evidence

48. A document containing a communication from a husband to his wife in the hands of a third person is

a. not admissible in evidence until consented to by the writer of the communication

b. not admissible at all

c. admissible in evidence

d. none of the above

49. Under which Section of the BSA, a Judge cannot be compelled to answer any question as to his own conduct in court as such Judge: —

a. Section 123

b. Section 122

c. Section 127

d. Section 120

50. The Constitution of India is: —

a. Highly federal

b. Highly unitary

c. Neither federal nor unitary

d. Partly federal and partly unitary.

51. Under BNSS for which offence it is mandatory for all Government and private hospitals to provide first aid to the victim and inform the police of such incident:

a. Section 124 BNS

b. Section 66 BNS

c. Section 68 BNS

d. All of them

52. The Chief Judicial Magistrate has punished the accused with imprisonment of five years and fine of ten thousand rupees under Section 57 of the BNS. The maximum imprisonment under the Section 57 is seven years. On non-payment of fine, the Magistrate can give him maximum imprisonment up to:

a. Fifteen months

b. Twenty one months

c. Twelve months

d. Thirty months

53. In which of the following cases did the Supreme Court held that an amendment of the Constitution under Article 368 was ‘law’ within the meaning of Article 13 of the Constitution of India: —

a. Golaknath v. State of Punjab

b. Sajjan Singh v. State of Rajasthan

c. Shankari Prasad v. Union of India

d. Keshvananda Bharti v. State of Kerala

54. The 'fact in issue' means

a. fact, the existence or non-existence of which is admitted by the parties

b. fact, the existence or non-existence of Which is disputed by the parties

c. fact, the existence or non-existence of which is not disputed by the parties

d. All of the above

55. Assertion (A): Part III and Part IV of the Constitution of India are supplementary to each other.

Reason (R): Fundamental Rights are enforceable.

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

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

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

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

56. What is the time limit prescribed within which claims and objections to attachment to be made under BNSS?

a. 6 months

b. 60 days

c. 1 year

d. 3 years

57. "A" under the influence of unsoundness attempt to kill "B". "B" in attempting to defend himself caused grievous hurt to "A". Here

a. "A" is liable for attempt to murder and "B" is liable for causing hurt

b. "A" commits no offence and "B" is liable for grievous hint

c. "B" commits no offence and "A" is liable for attempt to murder

d. Both "A" and "B" are excused from liability

58. Section 122 of the BSA is applicable to:

a. movable Property

b. immovable Property

c. intellectual Property

d. All of the above,

59. Sentence of death awarded by court of Sessions, the proceedings shall be submitted to confirmation before:

a. The State Government

b. The Central Government

c. The High Court

d. The Supreme Court

60. What is evidentiary value of admission?

a. Unimportant

b. Conclusive proof

c. As estoppel

d. Binding

61. The proceedings before a criminal court are vitiated if the presiding magistrate who is not empowered by law to do so

a. issues search warrant erroneously but in good faith.

b. holds inquest under section 196 of Bhartiya Nagarik Suraksha Sanhita, 2023 erroneously but in good faith.

c. tries an offender summarily.

d. All of these

62. Which one of the following statements is correct?

The 'alibi' under section 9 of Bhartiya Sakshya Adhiniyam, 2023 is decided on the basis of

a. preponderance of probability

b. preponderance of probability beyond reasonable doubt

c. preponderance of possibility beyond reasonable doubt

d. preponderance of higher probability or improbability as well as beyond reasonable doubt

63. The right of private defence of body extends to causing death of the assailant if the offence which occasions the exercise of the right is of:

a. Wrongful restraint

b. Assault with the intention of committing rape

c. Hurt

d. Assault

64. Section 14 of BNS provides that nothing is an offence which is done by a person who is or who by reason of

a. Mistake of fact in good faith believes himself to be bound by law to do it

b. Mistake of law in good faith believes himself to be bound by law to do it

c. Mistake of fact believes himself to be bound by morals to do it

d. All of the above

65. X sues Y for money due on a bond. The execution of the bond is admitted, but Y says that it was obtained by fraud, which X denies. The burden of proof is on:

a. Y

b. X

c. The State

d. X and Y both

66. In which case, the presence of accused may be dispensed with at the time of delivering the judgement?

a. When the personal attendance of the accused has already been dispensed with

b. When the judgement is that of acquittal

c. In both (a) and (b) above

d. None of the above

67. In which case, it was held by the Supreme Court that 'Preamble is the basic feature of the Constitution'?

a. In re: Golaknath case

b. In re: Maneka Gandhi

c. In re: Swan Singh

d. In re: Keshwananda Bharti

68. Against which crime, the right of private defence is not available?

a. Criminal trespass

b. Forgery

c. Mischief

d. Theft

69. Nothing is an offence which is done by a child who is:

a. Under 9 years of age.

b. Under 7 years of age

c. Under 12 years of age

d. Under 16 years of age

70. At any time before the Judgement is pronounced, prosecution of any person may be withdrawn with the consent of the Court by: —

a. A person filing F.I.R.

b. Investigation officer in the matter

c. Assistant public prosecutor or concerned A.P.P.

d. Victim of the crime

71. “Article 21A-Right to education to all children of the age of six — fourteen years” has been inserted — the Constitution by: —

a. The Constitution43rd Amendment Act, 1977

b. The Constitution 86th Amendment Act, 2002

c. The Constitution 70th Amendment Act, 1992

d. The Constitution 74th Amendment Act, 1992

72. The term 'Dishonestly' as defined under Section 2(7) of the BNS implies

a. An act done with the intention of causing wrongful gain to one person or wrongful loss to another

b. Act done with intent to defraud

c. An act done mala fide

d. An act done with intent to cheat

73. 'A' is charged with travelling on a railway without ticket, the burden of proving that 'A‘ had a ticket is on—

a. Ticket checker

b. Railway

c. ‘A’

d. Prosecution

74. The principle of Jus Necessitas is incorporated as an exception to criminal liability under which section of the BNS?

a. Section 18

b. Section 19

c. Section 25

d. Section 28

75. Oral account of the contents of a document by a person who has seen it is:

a. testimonial evidence

b. primary evidence

c. secondary evidence

d. circumstantial evidence

76. Under Section 31 of Bhartiya Nagarik Suraksha Sanhita, 2023 every person is bound to assist a Magistrate or a Police Officer

a. in the taking or preventing the escape of any other person whom such Magistrate or Police Officer is authorized to arrest

b. in the prevention or suppression of a breach of peace

c. in the prevention of any injury attempted to be committed to railways

d. All of the above

77. Cash in lieu of surety bond can be permitted vide

a. Section 443 BNSS

b. Section 485 BNSS

c. Section 490 BNSS

d. Section 492 BNSS

78. Which of the following does not apply to cognizable offence: -

a. The police can investigate only by the order of the Magistrate

b. First information report can be lodged with the police

c. Offences punishable with less than two years

d. Offences punishable more than three years

79. A court can return the plaint for presentation to the court in which the suit should have been instituted?

a. At the time of institution of suit.

b. Before framing of issues.

c. Before the trial begins.

d. At any stage of the suit.

80. Which one of the following elements’ is not essential for the applications of Section 3(5) of Bharatiya Nyaya Sanhita, 2023?

a. Common intention

b. Commission of an offence

c. Number of offenders be five

d. Offence should be committed in furtherance of common intention

81. Under which of the following circumstances, the right of private defence of body does not extend up to causing the death of the assailant?

a. Assault with the intention of kidnapping

b. Assault with the intention of inflicting grievous hurt

c. Assault with the intention of using criminal force

d. Assault with the intention of committing rape.

82. Sections 34 to 38 of the BSA deal with the relevance of:

a. Characters

b. Opinion of third persons

c. Judgements, decree and orders

d. Statements made under special circumstances

83. Section 52 of Bhartiya Nagarik Suraksha Sanhita, 2023 provides for examination of the:

a. Person accused of rape by medical practitioner

b. Arrested person accused of rape by medical practitioner at the request of arrested person

c. Person accused of rape by medical practitioner at the request of police officer

d. Person accused of rape by medical practitioner at the request of the victim

84. A judgment can be reviewed on the ground of

a. discovery of new & important evidence, not within the knowledge of the party concerned

b. mistake of error of fact or law on the face of the record

c. both (a) & (b)

d. none of the above

85. In which section of Bharatiya Nyaya Sanhita, 2023 the maxim 'ignorantia juris non excusat' is incorporated?

a. Section 13

b. Section 14

c. Section 15

d. None of the above

86. Where a wrong of mischief by fire in a building used as a human dwelling or a place for custody of property is attempted, the right of private defence extends to the causing of

a. Any harm including death

b. Any harm other than death

c. Any harm other than death and grievous hurt

d. All the above

87. Which of the following fundamental rights is available to both the citizens and non-citizens?

a. The right to six freedoms

b. The right to equality before law

c. Cultural and educational rights

d. the right to equality of opportunity in public employment

88. The questions in cross-examination:

a. must be confined to the fact testified by the witness on his examination- in-chief

b. need not be confined to the fact testified by the witness on his examination-in-chief

c. can be asked to test the patience and withstanding capacity of the witness

d. can be asked even without any reasonable basis

89. The case of Sawal Das v. State of Bihar is related to—

a. Plea of Alibi

b. Rule of Res-gestae

c. Rule of Estoppel

d. Rule of Res-judicata

90. The court shall take judicial notice of

a. Foreign judicial records

b. National Flag of a State not recognized by India

c. Stephen's Digest on Criminal Law

d. Rule of Road on land (and in sea)

91. After rejection of plaint, whether the plaintiff can institute fresh suit on the same cause of action:—

a. can institute another suit

b. cannot instate another suit

c. can institute with the permission of the high court

d. None of the above

92. Prisoner released before punishment is completed is called

a. Bail

b. Parole

c. Probation

d. Acquitted

93. To include 'Accident' in exceptions of crime, which of the following element is essential?

a. It happened by accident or misfortune

b. It happened in doing a lawful act in a lawful manner

c. Proper care and caution has been taken

d. All of the above

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

List-I List-II

(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 liberty

code

A B C D

a. 3 4 2 1

b. 3 1 4 2

c. 2 4 3 1

d. 2 1 4 3

95. Suits for declaration & injunction is respect of public nuisances under Section 91 of CPC can be instituted by

a. an individual without the leave of the Court

b. an individual with the leave of the Court

c. two or more persons without the leave of the Court

d. two or more persons with the leave of the Court

96. What does Section 118 of BSA deal with?

a. Oral evidence

b. Abetment of suicide

c. Dowry death

d. Legitimacy of child

97. “No appeal shall lie from a decree passed by the court with the consent of parties”. It is provided—

a. Section 96(1) C.P.C.

b. Section 96(2) C.PC.

c. Section 96(3) C.P.C.

d. Section 96(4) C.P.C.

98. A citizen of India, who holds any office of profit or truth under the State cannot accept any title from foreign State without the consent of the:

a. President

b. Prime Minister

c. Speaker of the Lok Sabha

d. Council of Minister

99. The first Constituent Assembly's meeting held on 9-12-46 was presided over by-

a. Dr. Rajendra Prasad

b. Shri jawaharLal Nehru

c. Shri jawaharLal Nehru

d. None of the above

100. Which of the following is “State” within the definition of Article 12 of the Constitution?

a. National Book Trust

b. State Council of Educational Research and Training (SCERT)