The Police Act, 1861 MCQs Paper-4

The Police Act, 1861 MCQs Paper-4

Download PDF

 

1. Applicant against the order must be given:

a. Compensation

b. Written apology

c. Opportunity of hearing

d. Jury trial

 

2. If application is rejected, authority must:

a. Inform police only

b. Issue fresh order

c. Record reasons in writing

d. Seek court approval

 

3. Section 32-B provides punishment for violation of:

a. Section 30

b. Section 31

c. Section 32-A

d. Section 33

 

4. Who is liable under Section 32-B?

a. Only organizers

b. Only police officers

c. Any person contravening the prohibition

d. Only government servants

 

5. Maximum term of imprisonment under Section 32-B is:

a. Three months

b. Six months

c. One year

d. Two years

 

6. Maximum fine that may be imposed is:

a. ₹500

b. ₹1,000

c. ₹2,000

d. ₹5,000

 

7. Punishment may consist of:

a. Imprisonment only

b. Fine only

c. Both imprisonment and fine

d. Any of the above

 

8. Punishment can be imposed only:

a. By police authority

b. By District Magistrate without trial

c. After conviction before a Magistrate

d. By executive order

 

9. Section 32-B is primarily:

a. Administrative provision

b. Civil liability provision

c. Penal provision

d. Procedural provision

 

10. Section 32-B ensures enforcement of:

a. Licensing provisions

b. Preventive prohibition orders

c. Property laws

d. Revenue laws

 

11. Violation of Section 32-A prohibition may lead to:

a. Dismissal from service

b. Civil damages only

c. Criminal punishment

d. Warning only

 

12. Section 33 is a:

a. Penal provision

b. Licensing provision

c. Saving clause

d. Procedural provision

 

13. The control preserved under Section 33 is that of:

a. State Government

b. High Court

c. District Magistrate

d. Superintendent of Police

 

14. Section 33 applies to the last how many preceding sections?

a. Two

b. Three

c. Four

d. Five

 

15. The sections referred to primarily deal with:

a. Police recruitment

b. Regulation of assemblies and public order

c. Property disputes

d. Criminal trials

 

16. Section 33 ensures that police powers are:

a. Absolute

b. Judicial

c. Subject to Magistrate’s control

d. Subject to Parliament’s approval

 

17. “General control” of the Magistrate means:

a. Only judicial control

b. Only financial control

c. Supervisory administrative control

d. No real control

 

18. Section 33 reflects:

a. Separation of powers doctrine

b. Military command structure

c. Civil executive control over police

d. Federal supremacy

 

19. Without Section 33, police authorities might:

a. Lose all powers

b. Become subordinate to courts

c. Act independently of district administration

d. Have no duties

 

20. Section 33 does NOT create:

a. New offences

b. Punishment

c. Civil liability

d. Any of the above

 

21. The primary objective of Section 33 is to:

a. Increase police autonomy

b. Preserve administrative hierarchy

c. Regulate elections

d. Control revenue

 

22. Section 34 primarily deals with offences committed:

a. Inside houses

b. On roads and public places

c. In courts

d. In government offices

 

23. Maximum imprisonment under Section 34 is:

a. 3 months

b. 1 month

c. 8 days

d. 6 months

 

24. Maximum fine under Section 34 is:

a. ₹100

b. ₹200

c. ₹500

d. ₹50

 

25. Police may arrest without warrant when the offence is:

a. Reported later

b. Suspected only

c. Committed in their view

d. Certified by Magistrate

 

26. Section 34 applies automatically to rural areas:

a. Yes

b. No

c. Only during emergencies

d. Only during festivals

 

27. Cruelty to animals in public place falls under which clause?

a. First

b. Second

c. Third

d. Fifth

 

28. Street vending causing obstruction falls under:

a. Third clause

b. Fourth clause

c. Fifth clause

d. Sixth clause

 

29. A drunk person incapable of taking care of himself falls under:

a. Public nuisance only under BNS

b. Sixth clause of Section 34

c. No offence

d. Special Police Act provision

 

30. Failure to fence a dangerous well is covered under:

a. Seventh clause

b. Eighth clause

c. Third clause

d. Fifth clause

 

31. Section 34 aims primarily to:

a. Punish serious crimes

b. Maintain public order and safety on streets

c. Regulate property disputes

d. Control police recruitment

 

32. Section 34-A relates to:

a. Punishment of offences

b. Compounding of certain offences

c. Appointment of police officers

d. Public assemblies

 

33. Offences under which sections may be compounded under Section 34-A?

a. Sections 30 and 31

b. Sections 31 and 32

c. Sections 32 and 34

d. Sections 34 and 35

 

34. Authority empowered to compound the offence:

a. District Magistrate

b. Judicial Magistrate

c. District Superintendent of Police

d. State Government directly

 

35. Compounding is subject to:

a. Court approval only

b. Consent of complainant

c. State Government’s general or special order

d. Police officer’s discretion alone

 

36. Composition fee:

a. Unlimited

b. Fixed by court

c. Cannot exceed maximum fine for offence

d. Must equal the fine

 

37. If compounded before prosecution:

a. Offender still prosecuted

b. Case goes to court

c. Offender not liable to prosecution

d. Only fine imposed

 

38. If offender is in custody and offence compounded before prosecution:

a. Custody continues

b. Must be released

c. Sent to Magistrate

d. Bail required

 

39. Compounding after prosecution results in:

a. Conviction

b. Withdrawal of case only

c. Acquittal of offender

d. Remand

 

40. Section 34-A applies primarily to:

a. Serious crimes

b. Civil disputes

c. Minor public order offences

d. Police misconduct

 

41. Compared to BNSS compounding, Section 34-A compounding is done by:

a. Court only

b. Victim only

c. Police authority

d. Jury

 

42. Section 35 relates to:

a. Appointment of police officers

b. Jurisdiction over charges against police officers

c. Public assemblies

d. Police discipline rules

 

43. Section 35 applies to police officers:

a. Of all ranks

b. Only constables

c. Above the rank of constable

d. Only gazetted officers

 

44. Charges under this Act against such officers shall be enquired into by:

a. Superintendent of Police

b. State Government

c. Departmental authority

d. Officer exercising powers of a Magistrate

 

45. The term “only” in Section 35 indicates:

a. Optional procedure

b. Exclusive jurisdiction

c. Advisory guideline

d. Administrative convenience

 

46. Which of the following is NOT covered by Section 35?

a. Inspector

b. Sub-Inspector

c. Head Constable

d. Constable

 

47. Purpose of the provision is primarily to:

a. Increase police powers

b. Protect public order

c. Ensure fair adjudication for higher officers

d. Reduce court workload

 

48. Proceedings conducted by a non-magisterial authority under this section would be:

a. Valid

b. Voidable only

c. Invalid

d. Automatically confirmed

 

49. Section 35 applies to offences under:

a. BNS

b. BNSS

c. Police Act

d. BSA

 

50. An Executive Magistrate empowered by law can act under Section 35:

a. Yes

b. No

c. Only with court permission

d. Only in emergencies

 

51. Section 35 creates:

a. Administrative jurisdiction

b. Civil jurisdiction

c. Criminal jurisdiction

d. Special statutory jurisdiction

 

52. Section 36 primarily deals with:

a. Police discipline

b. Jurisdiction of Magistrates

c. Prosecution under other laws

d. Appointment of officers

 

53. Under Section 36, prosecution under another law for the same act is:

a. Prohibited

b. Allowed

c. Allowed only with court permission

d. Allowed only if Police Act silent

 

54. Another law may impose:

a. Only lesser punishment

b. Same punishment only

c. Higher punishment

d. No punishment

 

55. The proviso to Section 36 embodies the rule against:

a. Retrospective punishment

b. Self-incrimination

c. Double jeopardy

d. Preventive detention

 

56. “No person shall be punished twice for the same offence” corresponds to:

a. Article 19

b. Article 20(2)

c. Article 21

d. Article 22

 

57. Section 36 ensures that the Police Act is:

a. A complete code excluding other laws

b. Subordinate to IPC (BNS)

c. Not exclusive in operation

d. Applicable only to police personnel

 

58. If an act is punishable under both Police Act and IPC (BNS):

a. Only Police Act applies

b. Only IPC(BNS) applies

c. Either law may apply

d. No prosecution possible

 

59. Double punishment for the same offence is:

a. Mandatory

b. Permissible

c. Prohibited

d. Allowed in serious cases

 

60. Section 36 is an example of a:

a. Penal provision

b. Procedural provision

c. Saving clause

d. Rule-making provision

 

61. Liability under other Acts is:

a. Extinguished by Police Act

b. Preserved by Section 36

c. Subject to police approval

d. Limited to civil liability

 

62. Section 37 deals with:

a. Appointment of police officers

b. Recovery of fines and penalties

c. Public assemblies

d. Police discipline

 

63. Fines under the Police Act are recoverable using provisions of:

a. Civil Procedure Code

b. Indian Penal Code (BNS) and Criminal Procedure Code (BNSS)

c. Evidence Act

d. Constitution

 

64. Sections 64–70 IPC (8(1) – 8(7)) relate to:

a. Arrest

b. Bail

c. Imprisonment in default of fine and recovery of fine

d. Evidence

 

65. CrPC (BNSS) provisions applied relate to:

a. Trial procedure

b. Recovery of fines

c. Appeals only

d. Preventive detention

 

66. The proviso to Section 37 applies specifically to fines under:

a. Section 29

b. Section 30

c. Section 32

d. Section 34

 

67. Default imprisonment for non-payment of fine under Section 34 may extend up to:

a. 3 days

b. 8 days

c. 15 days

d. 1 month

 

68. Section 37 illustrates the principle that:

a. Criminal law is retrospective

b. Special law overrides general law

c. Police powers are unlimited

d. Magistrate has no role

 

69. Recovery of fines under Section 37 is done by:

a. Police only

b. Civil court

c. Magistrate using criminal law procedure

d. State Government only

 

70. Section 37 ensures:

a. Creation of new offences

b. Uniform enforcement of penalties

c. Removal of judicial oversight

d. Immunity from prosecution

 

71. Section 42 prescribes limitation for actions under the Police Act as:

a. 1 month

b. 3 months

c. 6 months

d. 1 year

 

72. The limitation period runs from:

a. Date of knowledge

b. Date of FIR

c. Date of act complained of

d. Date of arrest

 

73. Prior notice before filing action must be given at least:

a. 7 days

b. 15 days

c. 1 month

d. 3 months

 

74. Notice may be given to:

a. District Magistrate only

b. Superintendent of Police of any district

c. Defendant or District Superintendent of Police of the concerned district

d. Home Ministry

 

75. Tender of amends means:

a. Admission of guilt

b. Offer of compensation

c. Withdrawal of action

d. Criminal apology

 

76. If sufficient amends are tendered before suit:

a. Suit must proceed normally

b. Plaintiff cannot recover damages

c. Defendant must still pay costs

d. Suit converts into criminal case

 

77. If money is paid into court after suit:

a. Suit automatically dismissed

b. Plaintiff still entitled to costs

c. Plaintiff generally not entitled to costs

d. Defendant discharged from liability

 

78. Civil action is barred if officer has already been:

a. Suspended

b. Departmentally punished

c. Criminally prosecuted for same act

d. Transferred

 

79. Section 42 protects acts:

a. Done in private capacity

b. Done under Police Act or general police powers

c. Done outside jurisdiction

d. Done after retirement

 

80. The section primarily aims to:

a. Punish police officers

b. Restrict civil courts

c. Protect bona fide official acts from vexatious litigation

d. Increase compensation claims

 

81. Section 43 allows a police officer to plead that the act was done:

a. Under departmental orders

b. Under executive instructions

c. Under authority of a Magistrate’s warrant

d. Under public necessity

 

82. To prove the plea, the officer must produce:

a. FIR copy

b. Charge sheet

c. Warrant directing the act

d. Departmental file

 

83. If warrant is produced, the officer is entitled to:

a. Bail

b. Discharge only

c. Decree in his favour

d. Departmental inquiry

 

84. Protection applies even if:

a. Officer acted negligently

b. Magistrate lacked jurisdiction

c. Officer acted privately

d. Warrant unsigned

 

85. Proof of Magistrate’s signature is:

a. Always required

b. Required only in criminal cases

c. Not required unless court doubts genuineness

d. Required if challenged by plaintiff

 

86. Section 43 protects:

a. Magistrates only

b. Police officers acting under warrant

c. All government servants

d. Private citizens assisting police

 

87. Remedy of the aggrieved person lies against:

a. State Government only

b. Police Department

c. Authority issuing the warrant

d. No one

 

88. Section 43 is based on the principle that:

a. Ignorance of law is excuse

b. Obedience to judicial orders protects subordinate officers

c. Police have absolute immunity

d. Warrants override Constitution

 

89. The section applies to acts done:

a. In private capacity

b. After retirement

c. In official capacity

d. Outside jurisdiction only

 

90. Main object of Section 43 is to:

a. Punish illegal arrests

b. Protect officers executing court orders

c. Empower Magistrates

d. Limit police powers

 

91. Section 44 requires maintenance of a:

a. Case diary

b. Crime register

c. General diary

d. Arrest memo

 

92. Duty to maintain the diary lies on:

a. District Superintendent of Police

b. Every police constable

c. Officer-in-charge of police station

d. Magistrate

 

93. Form of the diary is prescribed by:

a. Central Government

b. High Court

c. State Government

d. District Magistrate

 

94. The diary must record:

a. Only cognizable offences

b. Only FIRs

c. Complaints, arrests, offences, seized property and witnesses

d. Only court orders

 

95. Which authority may inspect the diary?

a. Sessions Judge

b. District Magistrate

c. Governor

d. Home Secretary

 

96. The diary serves primarily to ensure:

a. Revenue collection

b. Police training

c. Transparency and accountability

d. Criminal prosecution only

 

97. Names of witnesses examined must be:

a. Recorded in the diary

b. Sent only to court

c. Kept confidential

d. Recorded only in FIR

 

98. General Diary differs from FIR because:

a. FIR records specific cognizable offence; GD records daily activities

b. FIR is secret

c. GD is judicial order

d. No difference

 

99. Failure to maintain such diary may affect:

a. Validity of police station

b. Police credibility and accountability

c. Jurisdiction of court

d. Appointment of officers

 

100. Section 44 reflects:

a. Judicial control over police

b. Legislative supremacy

c. Executive oversight through Magistracy

d. Police autonomy

 

101. Section 45 empowers the:

a. High Court

b. Central Government

c. State Government

d. District Magistrate

 

102. The State Government may require submission of returns from:

a. Only constables

b. Only District Magistrate

c. Director-General-cum-Inspector-General and other police officers

d. Courts

 

103. “Returns” refers to:

a. Appeals filed in court

b. Official reports and statements

c. Salary records only

d. FIR copies only

 

104. The form of such returns is prescribed by:

a. High Court

b. Police Headquarters

c. State Government

d. Legislature

 

105. Submission of returns under Section 45 is:

a. Mandatory for citizens

b. Optional for police officers

c. As directed by State Government

d. Required only during emergencies

 

106. This provision reflects:

a. Judicial control

b. Legislative supremacy

c. Executive administrative control over police

d. Federal conflict

 

107. Returns may include:

a. Crime statistics and reports

b. Judicial judgments

c. Tax returns

d. Personal diaries

 

108. Section 45 applies to:

a. Only senior officers

b. Only district police

c. All police officers as directed

d. Armed forces

 

109. The power under this section is:

a. Judicial

b. Legislative

c. Administrative

d. Quasi-judicial

 

110. Purpose of requiring returns is primarily:

a. Punishment of officers

b. Administrative supervision

c. Conducting trials

d. Granting promotions

 

111. The Police Act, 1861 comes into force in a State or place:

a. Automatically upon enactment

b. By order of the District Magistrate

c. By notification of the State Government in Official Gazette

d. By order of the Director-General of Police

 

112. Under Section 46, the State Government may extend:

a. Only the entire Act

b. Only selected sections

c. Either the whole Act or any part of it

d. Only procedural provisions

 

113. Rules under Section 46 must be:

a. Approved by the High Court

b. Consistent with the Act

c. Approved by Parliament

d. Made by the DGP

 

114. Which authority has power to make rules under Section 46?

a. District Magistrate

b. Director-General of Police

c. State Government

d. Central Government

 

115. Rules framed under Section 46 may be:

a. Permanent and unchangeable

b. Amended or cancelled by the State Government

c. Reviewed only by courts

d. Applicable only for five years

 

116. Section 46 primarily relates to:

a. Discipline of police officers

b. Appointment of police personnel

c. Territorial application and rule-making

d. Criminal procedure

 

117. Section 47 concerns authority over:

a. City police

b. Military forces

c. Village police

d. Traffic police

 

118. The authority may be transferred from District Magistrate to:

a. Governor

b. District Superintendent of Police

c. Chief Minister

d. Inspector General only

 

119. Transfer of authority occurs through:

a. Court order

b. Parliamentary law

c. State Government declaration

d. Police regulation

 

120. Even after transfer, SP acts:

a. Independently

b. Under Central Government

c. Subject to general control of District Magistrate

d. Under village headman

 

121. The provision applies to:

a. All public servants

b. Judicial officers

c. Village watchmen and village police officers

d. Municipal employees

 

122. Section 47 reflects:

a. Separation of powers

b. Pure police autonomy

c. Magisterial supervision over police

d. Military control of police

 

123. The declaration under this section is made by:

a. District Magistrate

b. High Court

c. State Government

d. Central Government

 

124. Authority transferred relates to:

a. Revenue functions

b. Police purposes

c. Judicial trials

d. Civil administration

 

125. Village police officers primarily include:

a. Judges

b. Constables only

c. Village watchmen

d. Lawyers

 

126. Section 47 aims at:

a. Abolishing village police

b. Enhancing administrative control over village policing

c. Creating new courts

d. Fixing police salaries