Prevention of Corruption Act, 1988 | MCQs | Paper - 3 |

Prevention of Corruption Act, 1988 | MCQs | Paper - 3 |

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THE PREVENTION OF CORRUPTION ACT, 1988

ACT NO. 49 OF 1988

 

1. Section 15 is a preventive measure to:

a. Punish habitual offenders

b. Deter attempts to commit criminal misconduct

c. Control commercial organisations

d. Regulate elections

 

2. Attempt under Section 15 includes:

a. Only completed offences

b. Only unsuccessful attempts

c. Both successful and unsuccessful attempts

d. Only offences by third parties

 

3. Who is liable under Section 15?

a. Any person attempting criminal misconduct under clause (a) of Section 13(1)

b. Any person committing bribery under Section 8

c. Only habitual offenders under Section 14

d. Commercial organisations under Section 9

 

4. Section 15 ensures punishment for:

a. Attempted criminal misconduct by public servants

b. First-time bribery offences

c. Only civil misconduct

d. Non-cognizable offences

 

5. Fine under Section 15 is imposed:

a. Only if imprisonment is less than three years

b. Along with imprisonment

c. Optional for the court

d. Only for commercial organisations

 

6. Attempt to misappropriate property belonging to government by a public servant is punishable under:

a. Section 15

b. Section 7

c. Section 8

d. Section 10

 

7. Section 15 punishment is designed to:

a. Punish only completed offences

b. Punish and deter attempts of criminal misconduct

c. Impose minor penalties

d. Only recover undue advantage

 

8. Section 15 provides imprisonment and fine for attempts to commit:

a. Habitual offences

b. Criminal misconduct

c. Election offences

d. Civil misconduct

 

9. Section 15 punishment is applicable to:

a. Any attempt to commit bribery or criminal misconduct under clause (a) of Section 13(1)

b. First-time civil wrongs

c. Only commercial organisations

d. Election-related offences

 

10. Section 16 of the Prevention of Corruption Act deals with:

a. Punishment for bribery

b. Matters to be considered while fixing fine

c. Powers of special judges

d. Punishment for habitual offenders

 

11. When fixing fine under Section 16, the court considers:

a. Personal opinion of the judge

b. mount or value of property obtained by committing the offence

c. The number of witnesses

d. Location of the offence

 

12. Section 16 applies to sentences of fine under

a. Section 7, 8, 9, 10, 11, 13(2), 14, and 15

b. Section 1 and 2 only

c. Section 20 and 21 only

d. Section 5 and 6 only

 

13. For offences under clause (b) of sub-section (1) of Section 13, what is considered for fine?

a. Amount of bribe promised

b. Pecuniary resources or property for which the accused cannot account satisfactorily

c. Personal reputation

d. Duration of service

 

14. Section 16 ensures that fine is proportional to:

a. Duration of trial

b. The financial gain obtained by the accused

c. The popularity of the public servant

d. The location of the offence

 

15. Section 16 applies to fines under which of the following sections?

a. Sections 7 and 8 only

b. Sections 9, 10, and 11 only

c. Sections 7, 8, 9, 10, 11, 13(2), 14, 15

d. Section 13(1) only

 

16. Which factor is irrelevant under Section 16 for fixing fine?

a. Value of property obtained

b. Pecuniary resources the accused cannot account for

c. Public opinion

d. Section of the Act under which conviction occurred

 

17. Fine under Section 16 is linked to:

a. Imprisonment term only

b. Gains or property obtained by corrupt means

c. Education of the accused

d. Length of public service

 

18. Section 16 covers fines for offences committed by:

a. Only public servants

b. Only commercial organisations

c. Both public servants and commercial organisations under specified sections

d. Private citizens not connected to public service

 

19. While imposing fine under Section 16, if the accused has obtained property illicitly, the court:

a. Ignores the value

b. Takes the value into consideration

c. Doubles the imprisonment term

d. Only considers pecuniary resources unrelated to the offence

 

20. Section 16 ensures that fines are:

a. Arbitrary

b. Proportionate to the benefit obtained by committing the offence

c. Always minimum amount specified

d. Determined by the Central Government

 

21. For offences under Section 13(b), fine calculation considers:

a. Only the bribe received

b. Any property or resources the accused cannot satisfactorily account for

c. Only future earnings

d. Only income declared in IT returns

 

22. Section 16 applies to which type of sentences?

a. Only imprisonment

b. Only fine

c. Both imprisonment and fine

d. Community service

 

23. The purpose of Section 16 is to:

a. Punish habitual offenders

b. Ensure fines reflect the financial advantage gained from corruption

c. Regulate commercial organisations

d. Define public servant

 

24. Fine under Section 16 is:

a. Fixed arbitrarily

b. Determined without reference to property or pecuniary gain

c. Calculated based on gains obtained or unaccounted property

d. Limited to 1 lakh rupees

 

25. Section 16 is applicable to fines imposed under Section 14.

a. True

b. False

 

26. Section 16 ensures that fines are proportionate to:

a. Duration of public service

b. Financial gain or unaccounted property

c. Number of witnesses

d. Geographical location of offence

 

27. If a public servant is convicted under Section 9, the court in fixing fine shall consider:

a. Personal expenses

b. Business obtained by committing the offence

c. Social reputation

d. Only the law prescribed maximum fine

 

28. Section 16 ensures that fines are:

a. Optional

b. Reflective of the advantage obtained by committing the offence

c. Equal for all offenders

d. Determined by the President of India

 

29. Section 16 applies to offences involving:

a. Corruption by public servants only

b. Corruption by commercial organisations only

c. Both, under specified sections

d. Non-cognizable offences

 

30. Section 17 of the Prevention of Corruption Act deals with:

a. Punishment for bribery

b. Persons authorised to investigate offences

c. Appointment of special judges

d. Matters to be considered for fixing fine

 

31. Under Section 17, a police officer below the rank of Inspector of Police in the Delhi Special Police Establishment:

a. Can investigate offences under this Act freely

b. Cannot investigate offences under this Act without a magistrate’s order

c. Can make arrest without a warrant

d. Can impose fine

 

32. In metropolitan areas like Bombay, Calcutta, Madras, and Ahmedabad, a police officer below which rank cannot investigate offences under this Act?

a. Inspector

b. Deputy Superintendent

c. Assistant Commissioner of Police

d. Superintendent

 

33. Outside metropolitan areas, a police officer below which rank cannot investigate offences under this Act?

a. Inspector

b. Deputy Superintendent of Police or equivalent

c. Assistant Commissioner

d. Sub-Inspector

 

34. Can a police officer below the prescribed rank in Section 17 make arrests under this Act without a magistrate’s order?

a. Yes, always

b. No, never

c. Only with the magistrate’s order

d. Only if offence involves commercial organisation

 

35. Section 17 provides an exception where a lower-ranked officer may investigate. Who authorises this?

a. Central Government

b. State Government

c. Special Judge

d. Parliamentary Committee

 

36. Under Section 17, an Inspector of Police can investigate offences:

a. Anywhere without permission

b. Only if authorised by State Government

c. Only in rural areas

d. Only in commercial organisation cases

 

37. For offences under clause (b) of sub-section (1) of Section 13, investigation requires the order of:

a. Inspector of Police

b. Superintendent of Police or higher

c. Deputy Commissioner

d. Metropolitan Magistrate only

 

38. Section 17 overrides which procedural law?

a. Indian Penal Code, 1860

b. Code of Civil Procedure

c. Code of Criminal Procedure, 1973

d. Prevention of Corruption Act, 1947

 

39. Without the magistrate’s order, which officer can never investigate under Section 17?

a. Inspector in Delhi Special Police Establishment

b. Assistant Commissioner in metropolitan areas

c. Deputy Superintendent elsewhere

d. All of the above

 

40. Section 17 ensures that investigations under the Prevention of Corruption Act are conducted by:

a. Any police officer

b. Only senior or specially authorised officers

c. Public servants

d. Commercial organisations

 

41. In a metropolitan area, which of the following officers can investigate offences under this Act without magistrate’s order if authorised by State Government?

a. Sub-Inspector

b. Assistant Commissioner of Police

c. Constable

d. Inspector

 

42. The primary purpose of Section 17 is to:

a. Limit powers of lower-ranking police officers

b. Appoint special judges

c. Fix fines

d. Define criminal misconduct

 

43. Which of the following statements is true under Section 17?

a. Any police officer can investigate corruption cases

b. Only officers above certain ranks can investigate without magistrate order

c. Lower-ranked officers can always investigate

d. No officer can investigate without Supreme Court approval

 

44. Section 17 applies to:

a. Only Delhi Special Police Establishment

b. Only metropolitan areas

c. Metropolitan, non-metropolitan areas, and Delhi Special Police Establishment

d. Private organisations

 

45. Can an Inspector of Police in Delhi investigate offences without magistrate order if not specially authorised?

a. Yes

b. No

 

46. Section 17 requires authorisation by State Government for:

a. Any officer below the prescribed rank to investigate or make arrest without magistrate order

b. Special judges

c. Commercial organisations

d. Public servants receiving bribes

 

47. In Section 17, arrest without a warrant by a lower-ranking officer requires:

a. Central Government order

b. Special permission by a magistrate or State Government authorization

c. Approval from Supreme Court

d. None of the above

 

48. Section 17 ensures that:

a. Corruption investigations are not conducted by inexperienced or low-rank officers

b. Any officer can investigate

c. Only public servants are investigated

d. Only commercial organisations can be investigated

 

49. For offences under Section 13(b), investigation requires:

a. Approval of Inspector

b. Approval of Superintendent of Police or higher

c. Approval of Deputy Commissioner

d. No approval needed

 

50. Section 18 of the Prevention of Corruption Act deals with:

a. Appointment of special judges

b. Power to inspect bankers’ books

c. Punishment for habitual offenders

d. Offence relating to bribery of a public servant

 

51. Under Section 18, a police officer may inspect bankers’ books if:

a. He has received information or has reason to suspect the commission of an offence under Section 17

b. The officer wants to check any account at random

c. The account holder gives voluntary consent

d. The offence is minor

 

52. The purpose of inspecting bankers’ books under Section 18 is:

a. To punish the account holder

b. For investigation or inquiry into offences under Section 17

c. To impose fines on banks

d. To close bank accounts

 

53. Police officers can take what from bankers’ books during inspection?

a. Original books only

b. Only verbal information

c. Certified copies of relevant entries

d. Personal notes without certification

 

54. Banks are required to:

a. Refuse access to police officers

b. Assist police officers in exercising powers under Section 18

c. Inform account holders before inspection

d. Only allow inspection with court order

 

55. A police officer below which rank cannot exercise powers under Section 18 unless specially authorised?

a. Inspector

b. Deputy Superintendent of Police

c. Superintendent of Police

d. Assistant Commissioner

 

56. Special authorisation for officers below Superintendent is granted by:

a. Court

b. Another police officer of or above the rank of Superintendent of Police

c. Central Government

d. Bank manager

 

57. The expressions “bank” and “bankers’ books” in Section 18 are defined under:

a. Indian Penal Code, 1860

b. Code of Criminal Procedure, 1973

c. Bankers’ Books Evidence Act, 1891

d. Companies Act, 2013

 

58. Section 18 overrides which kind of law for its purposes?

a. Civil law

b. Any other law in force relating to bank secrecy or inspection

c. Corporate governance law

d. Tax laws

 

59. Under Section 18, a police officer may inspect accounts of:

a. Any citizen randomly

b. Only those suspected of committing an offence or holding money on behalf of the suspect

c. All account holders in the bank

d. Only government officials

 

60. Certified copies of entries from bankers’ books can be used:

a. Only for internal police records

b. For investigation or inquiry into corruption offences

c. For imposing fines directly

d. For publishing in newspapers

 

61. Section 18 ensures that banks:

a. Can refuse access to police officers

b. Must assist police officers in investigations

c. Are responsible for investigating public servants themselves

d. Can decide whether to cooperate

 

62. Can a Sub-Inspector exercise powers under Section 18 without authorisation?

a. Yes, in metropolitan areas

b. No, unless specially authorised by Superintendent of Police or higher

c. Yes, for minor offences

d. Only with Central Government permission

 

63. Section 18 provides powers to police officers:

a. To inspect bankers’ books even if not authorised under other laws

b. Only with prior court approval

c. Only after getting consent from account holder

d. Only for civil offences

 

64. A police officer can inspect bankers’ books of persons who:

a. Are suspected of committing an offence under Section 17

b. Hold accounts on behalf of such suspects

c. Are related to suspects in business transactions

d. All of the above

 

65. The rank requirement under Section 18 ensures:

a. Only senior police officers handle sensitive financial investigations

b. Any officer can inspect at will

c. Banks are free to ignore police requests

d. Only commercial organisations are investigated

 

66. Section 18 allows inspection notwithstanding:

a. Bank secrecy laws

b. Income Tax Act provisions

c. Companies Act restrictions

d. Civil procedure rules

 

67. Special authorisation under Section 18 is:

a. Issued by banks

b. Issued by police officers of or above Superintendent rank

c. Issued by magistrate

d. Issued by public servant concerned

 

68. Section 18 applies to:

a. Only public servants’ accounts

b. Accounts of suspects and persons holding money on their behalf

c. Any bank account in India

d. Only government bank accounts

 

69. The main purpose of Section 18 is:

a. To grant police officers the power to inspect bankers’ books for corruption investigations under Section 17

b. To allow banks to freeze accounts

c. To punish bank officials

d. To replace the Bankers’ Books Evidence Act

 

70. Section 18A deals with:

a. Attachment of property obtained by offences under this Act

b. Inspection of bankers’ books

c. Powers of Special Judges in trials

d. Punishment for bribery

 

71. Which Ordinance’s provisions are applied under Section 18A?

a. Criminal Law Amendment Ordinance, 1944

b. Prevention of Money Laundering Act, 2002

c. Indian Penal Code, 1860

d. Companies Act, 2013

 

72. Under Section 18A, the term “District Judge” is replaced by:

a. Magistrate

b. Special Judge

c. Superintendent of Police

d. Inspector of Police

 

73. Section 18A is subject to which other Act?

a. Companies Act, 2013

b. Prevention of Money Laundering Act, 2002

c. Indian Penal Code, 1860

d. Code of Criminal Procedure, 1973

 

74. Section 18A allows the application of Criminal Law Amendment Ordinance, 1944 to:

a. Investigation of offences only

b. Attachment, administration, and execution of confiscation orders of money or property obtained by offences under this Act

c. Civil recovery of property

d. Banking regulations

 

75. Section 18A applies notwithstanding:

a. Companies Act, 2013

b. Prevention of Money Laundering Act, 2002

c. Civil Procedure Code

d. Indian Penal Code, 1860

 

76. The purpose of Section 18A is to:

a. Reduce penalties for corruption

b. Ensure proper procedure for attachment and confiscation of proceeds of corruption

c. Monitor civil property disputes

d. Regulate election offences

 

77. Which authority executes the attachment orders under Section 18A?

a. District Judge

b. Special Judge

c. Magistrate

d. Inspector of Police

 

78. Section 18A modifies the application of Criminal Law Amendment Ordinance, 1944 by:

a. Removing attachment powers

b. Changing references from “District Judge” to “Special Judge”

c. Limiting attachment powers to commercial organisations

d. Allowing police to attach property directly

 

79. Section 18A applies to:

a. Only movable property

b. Only immovable property

c. Both movable and immovable property obtained by corruption offences

d. Bank accounts only

 

80. Which of the following statements is true under Section 18A?

a. Civil courts can review attachment orders

b. PMLA provisions override Section 18A where applicable

c. Police officers below Superintendent can attach property without authorization

d. Special Judge cannot execute attachment orders

 

81. The attachment under Section 18A is intended for:

a. Investigation purposes only

b. Ensuring administration and confiscation of property obtained by corruption offences

c. Punishment of habitual offenders

d. Inspection of bank records

 

82. Section 18A ensures attachment procedure is:

a. Optional for Special Judges

b. Following provisions of Criminal Law Amendment Ordinance, 1944

c. Only for commercial organisations

d. Conducted by police directly

 

83. Section 18A empowers Special Judges to:

a. Seize property directly without court order

b. Execute orders of attachment or confiscation

c. Prosecute habitual offenders

d. Conduct civil property disputes

 

84. Section 18A applies to property:

a. Illegally obtained by corruption offences under this Act

b. Lawfully acquired by public servants

c. Property outside India only

d. Commercial organisation’s registered property only

 

85. Section 18A includes administration of:

a. Property only

b. Property and money obtained through corruption offences

c. Bank deposits only

d. Civil assets only

 

86. The execution of orders under Section 18A is done:

a. By Police Officers only

b. By Special Judge

c. By District Magistrate

d. By Central Government

 

87. Section 18A ensures that:

a. PMLA provisions are completely ignored

b. Attachment of property follows legal procedure

c. Civil courts handle attachment

d. Commercial organisations cannot be attached

 

88. Section 18A is essential for:

a. Recovery of legal property

b. Confiscation of proceeds of corruption

c. Investigation of petty offences

d. Registration of companies

 

89. Under Section 18A, “Special Judge” replaces which authority in CLAO 1944?

a. Police Superintendent

b. District Judge

c. Magistrate

d. Inspector General

 

90. The attachment procedure under Section 18A can cover:

a. Property directly obtained from corruption offences

b. Property indirectly acquired using corruption proceeds

c. Both a and b

d. Only bank accounts

 

91. Section 18A applies:

a. Only to monetary fines

b. To movable and immovable property obtained by corruption offences

c. To civil liabilities

d. Only to foreign property

 

92. Under Section 18A, execution of attachment is:

a. Voluntary

b. Mandatory as per Special Judge’s order

c. Optional for the public servant

d. To be done by civil court

 

93. Section 18A ensures:

a. Police can bypass Special Judge

b. Proper legal framework for attachment and administration of corruption proceeds

c. Only monetary penalties are applicable

d. Criminal trial is optional

 

94. The main objective of Section 18A is:

a. Punish habitual offenders

b. Apply Criminal Law Amendment Ordinance, 1944 for attachment and confiscation of property under the Act

c. Reduce imprisonment for corruption offences

d. Amend Prevention of Corruption Act

 

95. Under Section 19, can a court take cognizance of offences under sections 7, 11, 13, and 15 against a public servant without previous sanction?

a. Yes, always

b. No, except as provided under Lokpal and Lokayuktas Act, 2013

c. Yes, if the accused is retired

d. No, in all cases

 

96. Who grants sanction for a Union public servant not removable except by Central Government?

a. State Government

b. Central Government

c. Special Judge

d. Court

 

97. Who grants sanction for a State public servant not removable except by State Government?

a. Central Government

b. State Government

c. Competent authority

d. Police

 

98. For any other public servant, sanction is granted by:

a. Central Government

b. Competent authority to remove the person

c. Court

d. Special Judge

 

99. Can a person other than police or investigating officer request previous sanction?

a. Yes, only if complaint is filed in competent court

b. No, never

c. Yes, without complaint

d. Only after trial begins

 

100. Can the competent authority grant sanction without hearing the public servant?

a. Yes

b. No

c. Only for Union public servants

d. Only in emergencies

 

101. How long does the competent authority have to communicate decision on sanction?

a. 1 month

b. 3 months

c. 6 months

d. 1 year

 

102. If legal consultation is required, the sanction period may be extended by:

a. 15 days

b. 1 month

c. 3 months

d. 6 months

 

103. Does Section 19 apply to public servants who have ceased to hold office?

a. No

b. Yes, including those holding another office

c. Only for current office holders

d. Only if retired

 

104. If there is doubt about which authority should grant sanction, who decides?

a. Court

b. Central Government

c. Authority competent to remove the public servant at time of offence

d. Police

 

105. Can a court reverse a special Judge’s order due to absence of sanction?

a. Always

b. Only if failure of justice is occasioned

c. Never

d. Only in appeal

 

106. Can proceedings be stayed on ground of irregularity in sanction?

a. Yes, in all cases

b. Only if irregularity caused failure of justice

c. Never

d. Only before trial

 

107. In determining failure of justice, the court considers:

a. Police investigation completeness

b. Whether objection could have been raised earlier

c. Age of public servant

d. Nature of offence

 

108. Error in sanction includes:

a. Competency of authority

b. Amount of fine

c. Trial procedure

d. Choice of judge

 

109. Sanction for prosecution includes:

a. Approval of any police officer

b. Reference to specified authority or person

c. Filing of complaint

d. Only monetary limits

 

110. Section 19 protects public servants from:

a. Civil liability

b. Prosecution without due process

c. Imprisonment

d. Police investigation

 

111. Can a private individual be prosecuted under Section 19 without sanction?

a. Yes

b. No

c. Only if former public servant

d. Only commercial organisation

 

112. A citizen requesting sanction must first:

a. Approach police

b. File complaint in competent court

c. Submit application to Central Government

d. Contact Special Judge

 

113. Section 19 overrides courts’ power to:

a. Stay proceedings for sanction irregularity without failure of justice

b. Arrest public servant

c. Impose fines

d. Conduct investigation

 

114. Competent authority must provide public servant:

a. Opportunity to appeal

b. Opportunity to be heard

c. Immunity from prosecution

d. Monetary compensation

 

115. Public servants who left office:

a. Are immune from Section 19

b. Require sanction if offence committed during tenure

c. Only monetary fines apply

d. Only Union public servants need sanction

 

116. Section 19 was amended by:

a. Act 16 of 2018

b. Act 1 of 2014

c. Criminal Law Amendment Ordinance, 1944

d. Prevention of Money Laundering Act, 2002

 

117. Proceedings cannot be stayed on:

a. Absence of sanction

b. Grounds not causing failure of justice

c. Error in trial procedure

d. Filing of complaint

 

118. Public servant includes persons:

a. Who ceased to hold office during alleged offence

b. Who held different office during alleged offence

c. Both a and b

d. Only current office holders

 

119. Section 19 ensures:

a. Public servants cannot be prosecuted without due process

b. All public servants are immune

c. Only Central Government officials require sanction

d. Sanction is optional

 

120. If error occurs in sanction, proceedings:

a. Must stop immediately

b. Continue unless failure of justice occurs

c. Cannot continue

d. Must be retried

 

121. Sanction for prosecution should normally be conveyed within:

a. 1 month

b. 3 months

c. 6 months

d. 12 months

 

122. Extension of sanction period for legal consultation:

a. 15 days

b. 1 month

c. 2 months

d. 6 months

 

123. Who can request previous sanction besides police or investigating officers?

a. Any citizen who files complaint

b. Any public servant

c. Only Central Government

d. Any company

 

124. Section 19 ensures that failure of justice is the only ground for:

a. Reversing or staying proceedings due to sanction irregularity

b. Arrest

c. Imposing fine

d. Civil liability

 

125. Under Section 20, if a public servant accepts an undue advantage, it is presumed that:

a. He acted lawfully

b. He accepted it as a motive or reward for improper or dishonest performance of public duty

c. He was unaware of the law

d. He acted under duress

 

126. Section 20 applies to offences under which sections?

a. Sections 7 and 11

b. Sections 8 and 12

c. Sections 9 and 10

d. Sections 13 and 14

 

127. Who bears the burden of proving that the undue advantage was not for improper performance under Section 20?

a. Court

b. Police

c. Public servant

d. Complainant

 

128. Section 20 creates a presumption:

a. Absolute

b. Rebuttable

c. Mandatory

d. Optional

 

129. If the public servant obtained the undue advantage for another person, Section 20 presumes:

a. Only self-benefit

b. Motive or reward for improper performance of duty by himself or another

c. Innocent transfer

d. Legal gift

 

130. Acceptance of an undue advantage without consideration falls under:

a. Section 7

b. Section 11

c. Section 13

d. Section 15

 

131. Section 20 presumption is applicable in:

a. Civil cases

b. Trial of offences

c. Administrative inquiry

d. Disciplinary proceedings only

 

132. Can a public servant rebut the presumption under Section 20?

a. No, it is absolute

b. Yes, by providing evidence to the contrary

c. Only after conviction

d. Only with permission from Central Government

 

133. Section 20 presumption arises when the public servant accepts or attempts to obtain:

a. Only cash

b. Any undue advantage

c. Legal allowance

d. Salary increment

 

134. An undue advantage given as a reward for improper performance triggers:

a. Section 7

b. Section 8

c. Section 9

d. Section 10

 

135. Undue advantage obtained without consideration triggers:

a. Section 7

b. Section 11

c. Section 13

d. Section 15

 

136. Section 20 presumption helps:

a. Reduce burden of proof on prosecution

b. Absolve public servant

c. Prevent police investigation

d. Avoid trial

 

137. In a trial under Section 20, the presumption stands unless:

a. Police report is filed

b. Court orders otherwise

c. Public servant proves contrary

d. Complainant withdraws

 

138. Section 20 covers undue advantages obtained by:

a. Public servant for self only

b. Public servant for self or any other person

c. Only third parties

d. Only commercial organisations

 

139. The presumption under Section 20 applies to:

a. Monetary and non-monetary benefits

b. Monetary benefits only

c. Non-monetary benefits only

d. Legal salaries

 

140. Rebutting the presumption under Section 20 requires:

a. Proof beyond reasonable doubt

b. Preponderance of evidence showing undue advantage was not motive/reward

c. Approval from authority

d. Filing a complaint

 

141. Section 20 presumption shifts the burden of proof to:

a. Police

b. Public servant

c. Court

d. Complainant

 

142. The presumption under Section 20 is specifically for offences related to:

a. Bribery of a public servant

b. Misappropriation only

c. Criminal misconduct only

d. Commercial offences

 

143. If a public servant accepted a gift voluntarily without expectation of reward, the presumption:

a. Applies automatically

b. Can be rebutted by evidence

c. Leads to conviction

d. Is absolute

 

144. Section 20 does not apply to:

a. Acceptance of undue advantage in private business

b. Acceptance in public duty-related offences

c. Attempts to obtain undue advantage

d. Acceptance for another public servant

 

145. The presumption under Section 20 is part of:

a. Substantive law

b. Procedural law

c. Both

d. None

 

146. Section 20 aids prosecution by:

a. Automatically convicting the accused

b. Presuming corrupt intent unless rebutted

c. Reducing sentence

d. Preventing trial

 

147. Acceptance of an undue advantage triggers presumption under Section 20 even if:

a. Performance of duty was proper

b. Public servant is retired

c. Advantage is small

d. Case is in a commercial organisation

 

148. Section 20 ensures:

a. Burden of proof partially on public servant

b. Burden of proof entirely on prosecution

c. Automatic conviction

d. Trial without evidence

 

149. Attempt to obtain undue advantage also triggers presumption under Section 20:

a. Yes

b. No

c. Only if successful

d. Only in monetary cases

 

150. Under Section 21, a person charged under the Act can:

a. Refuse to appear in court

b. Be a competent witness for the defence

c. Only remain silent

d. Testify only against co-accused

 

151. The accused can give evidence on oath in:

a. Civil proceedings

b. Disproof of the charges against himself or co-accused

c. Only administrative inquiries

d. Only in appeal

 

152. Can an accused be called as a witness by the prosecution under Section 21?

a. Yes, anytime

b. No, except at his own request

c. Only with permission from the judge

d. Only if co-accused requests

 

153. Failure of an accused to give evidence:

a. Results in automatic conviction

b. Cannot be commented upon by the prosecution

c. Creates presumption of guilt

d. Leads to evidence against co-accused

 

154. An accused cannot be asked questions about:

a. The offence charged

b. His prior convictions or bad character unrelated to the offence

c. Evidence of co-accused

d. None of the above

 

155. Exception to asking an accused about prior offences arises if:

a. He voluntarily gave evidence against co-accused

b. The prior offence is admissible to show guilt for the offence charged

c. He questioned a prosecution witness to show his good character

d. Any of the above

 

156. Section 21 allows accused to testify:

a. Only against the co-accused

b. Only in favour of the prosecution

c. In his own defence and to disprove charges against co-accused

d. Only after conviction

 

157. Giving evidence by the accused under Section 21 is:

a. Mandatory

b. Optional, at his own request

c. Required by prosecution

d. Only in appeals

 

158. Section 21 protects the accused from:

a. Cross-examination

b. Presumption of guilt due to silence

c. Investigation by police

d. Trial under other laws

 

159. If an accused gives evidence against co-accused, then:

a. He can be questioned on his previous convictions if relevant

b. He cannot testify at all

c. He automatically waives right to defence

d. He is immune from prosecution

 

160. Evidence by an accused can involve:

a. Only oral statements

b. Only documentary evidence

c. Any evidence on oath to disprove charges

d. Only written statements

 

161. Section 21 ensures that the accused:

a. Cannot appeal

b. Has a right to defend himself as a competent witness

c. Must testify against co-accused

d. Can avoid trial

 

162. Section 21 is designed to:

a. Facilitate prosecution

b. Strengthen the accused’s right to defence

c. Make witnesses immune

d. Allow plea bargaining

 

163. Can prosecution comment on accused’s refusal to testify?

a. Yes, to show guilt

b. No, under Section 21

c. Only if judge permits

d. Only during cross-examination

 

164. An accused is competent to testify:

a. Only after first being convicted

b. During trial on charges under the Act

c. Only in preliminary inquiries

d. Only in administrative hearings

 

165. Section 21 prohibits questions to accused regarding:

a. The charges at hand

b. Convictions or bad character unrelated to offence

c. Evidence of co-accused

d. All testimony

 

166. Exceptions to Section 21’s restriction on character questions include:

a. If accused introduces evidence of his good character

b. If accused gives evidence against co-accused

c. If prior offence is relevant to current charges

d. All of the above

 

167. Section 21 provides that accused testimony:

a. Cannot be used in court

b. Must be compelled

c. Is optional and at his request

d. Must be recorded in police diary

 

168. Protection against adverse comments due to silence:

a. Applies only to co-accused

b. Applies to the accused alone

c. Applies to both accused and co-accused at same trial

d. Does not exist

 

169. Can accused be cross-examined on unrelated prior convictions?

a. Never

b. Only if exceptions under Section 21 apply

c. Always

d. Only after conviction

 

170. Section 21 ensures that giving evidence is:

a. Compulsory for accused

b. Optional for accused

c. Mandatory for prosecution

d. Prohibited

 

171. The accused can testify to disprove:

a. Charges against himself only

b. Charges against co-accused only

c. Charges against himself and co-accused at same trial

d. None of the above

 

172. Who decides whether the accused will testify under Section 21?

a. Court

b. Accused himself

c. Prosecution

d. Special Judge

 

173. Section 21 contributes to:

a. Fair trial and protection of accused rights

b. Automatic conviction

c. Reduced burden on prosecution only

d. Increased punishment

 

174. If the accused asks questions to establish good character, then:

a. He waives protection under Section 21

b. He can be questioned about previous offences

c. He cannot testify

d. He is immune from prosecution

 

175. Section 22 of the Prevention of Corruption Act, 1988 deals with the application of:

a. Indian Penal Code, 1860

b. Code of Criminal Procedure, 1973

c. Indian Evidence Act, 1872

d. Civil Procedure Code, 1908

 

176. The CrPC applies to proceedings under the PC Act:

a. Without any change

b. With repeal of certain sections

c. Subject to certain modifications

d. Only with State Government approval

 

177. Section 22 modifies which provision of CrPC regarding defence evidence?

a. Section 232

b. Section 243(1)

c. Section 313

d. Section 315

 

178. Under modified Section 243(1), the accused must submit:

a. Oral request to examine witnesses

b. Written list of defence witnesses and documents

c. Affidavit of defence

d. Application after prosecution evidence

 

179. The list of defence witnesses under Section 243(1) must be given:

a. After final arguments

b. Only on next date

c. At once or within time allowed by Court

d. Only after court permission

 

180. Section 22 introduces an additional proviso to which CrPC provision on adjournment?

a. Section 300

b. Section 311

c. Section 309(2)

d. Section 317

 

181. Under Section 22, proceedings shall not be adjourned merely because:

a. Accused is absent

b. Witness is not present

c. Application under Section 397 CrPC is filed

d. Defence seeks time

 

182. Section 397 of CrPC relates to:

a. Appeal

b. Revision

c. Review

d. Reference

 

183. Section 22 inserts a new sub-section (3) in which CrPC provision?

a. Section 309

b. Section 311

c. Section 317

d. Section 320

 

184. Under inserted Section 317(3), the Judge may proceed with trial:

a. Only with prosecution consent

b. Only after recording reasons

c. Only in summary cases

d. Only after issuing warrant

 

185. Under Section 317(3), trial may proceed in the absence of:

a. Prosecutor

b. Witness

c. Accused or his pleader

d. Investigating officer

 

186. Evidence recorded in absence of accused under Section 317(3) is subject to:

a. Appeal only

b. Mandatory retrial

c. Right of accused to recall witness

d. Automatic acquittal

 

187. Section 22 also modifies Section 397(1) CrPC relating to:

a. Limitation

b. Jurisdiction

c. Calling of records

d. Power of arrest

 

188. Court shall not ordinarily call for records under Section 397 unless:

a. Prosecution demands

b. Accused agrees

c. Other party is given opportunity of hearing

d. High Court directs

 

189. Another ground on which records should not ordinarily be called is when:

a. Appeal is pending

b. Certified copies are sufficient

c. Trial is complete

d. Accused is absconding

 

190. Section 22 aims primarily to ensure:

a. Speedy trial

b. Summary disposal

c. Fair defence procedure

d. Compounding of offences

 

191. The modification to Section 309 discourages adjournments on grounds of:

a. Absence of accused

b. Filing of revision application

c. Transfer petition

d. Bail application

 

192. Section 22 applies to proceedings relating to:

a. All criminal offences

b. Only IPC offences

c. Offences punishable under PC Act

d. Economic offences only

 

193. The requirement of written list of defence witnesses promotes:

a. Delay

b. Surprise defence

c. Procedural discipline

d. Prosecutorial dominance

 

194. Section 317(3) empowers the Judge to act:

a. Arbitrarily

b. Without reasons

c. With recorded reasons

d. On oral directions

 

195. Section 22 modifies CrPC provisions primarily to prevent:

a. Abuse of process

b. Acquittals

c. Convictions

d. Appeals

 

196. The power to recall witnesses under Section 317(3) safeguards:

a. Prosecution rights

b. Victim compensation

c. Accused’s right of cross-examination

d. Speed of trial

 

197. Section 22 reflects the legislative intent of:

a. Liberal adjournments

b. Strict procedural compliance

c. Expeditious corruption trials

d. Administrative convenience

 

198. Section 22 modifies CrPC only:

a. Substantively

b. Procedurally

c. Penal provisions

d. Sentencing powers

 

199. Which of the following sections is NOT modified by Section 22?

a. Section 243

b. Section 309

c. Section 317

d. Section 313

 

200. The phrase “shall have effect as if” in Section 22 indicates:

a. Complete substitution

b. Deemed modification

c. Repeal of CrPC

d. Optional application

 

201. The modification to Section 397 prevents misuse of:

a. Bail powers

b. Revisional jurisdiction

c. Appellate jurisdiction

d. Inherent powers

 

202. Section 22 seeks to balance speed with:

a. Strict liability

b. Judicial discretion

c. Rights of defence

d. Mandatory conviction

 

203. The requirement of giving opportunity to the other party before calling records ensures:

a. Natural justice

b. Finality of judgment

c. Police supervision

d. Administrative control

 

204. Section 22 ultimately strengthens:

a. Executive authority

b. Investigating agency

c. Trial court control over proceedings

d. Appellate courts

 

205. Section 23 of the Prevention of Corruption Act, 1988 deals with:

a. Sanction for prosecution

b. Presumption of guilt

c. Particulars to be mentioned in charge

d. Punishment for attempt

 

206. Section 23 applies when an accused is charged under which provision?

a. Section 7

b. Section 11

c. Section 13(1)(a)

d. Section 15

 

207. Section 23 begins with a non-obstante clause overriding:

a. Indian Penal Code

b. Evidence Act

c. Code of Criminal Procedure, 1973

d. Constitution of India

 

208. Under Section 23, it is sufficient to describe in the charge:

a. Exact dates and witnesses

b. Exact items of property

c. Property and period of offence

d. Value of property only

 

209. While framing charge under Section 23, the court is NOT required to specify:

a. Property involved

b. Period between which offence committed

c. Particular items of property

d. Nature of offence

 

210. Section 23 allows omission of which detail in the charge?

a. Description of offence

b. Name of accused

c. Exact dates of offence

d. Period of offence

 

211. The charge under Section 23 shall mention the dates:

a. On which offence occurred

b. Between which offence is alleged

c. Of conviction

d. Of sanction

 

212. The charge framed under Section 23 shall be deemed to be:

a. Multiple offences

b. Continuing offence

c. One offence under Section 219 CrPC

d. Separate charges

 

213. Section 219 CrPC deals with:

a. Joinder of charges

b. Withdrawal of prosecution

c. Limitation

d. Compounding of offences

 

214. The legal fiction created by Section 23 treats the charge as:

a. Summary offence

b. Single offence

c. Compoundable offence

d. Minor offence

 

215. The maximum time period between first and last date under Section 23 is:

a. Six months

b. One year

c. Two years

d. No limit

 

216. The proviso to Section 23 restricts the time span to:

a. One offence only

b. Exact dates

c. Not exceeding one year

d. Calendar year

 

217. Section 23 primarily simplifies:

a. Investigation process

b. Sanction procedure

c. Framing of charge

d. Sentencing

 

218. Section 23 applies specifically to which type of misconduct?

a. Acceptance of bribe

b. Abetment

c. Misappropriation of property

d. Habitual offence

 

219. The property mentioned in Section 23 relates to:

a. Property seized during trial

b. Property entrusted or under control

c. Government property only

d. Movable property only

 

220. The purpose of Section 23 is to avoid:

a. Acquittal of accused

b. Delay in trial

c. Multiplicity of charges

d. Appeal proceedings

 

221. Section 23 is an exception to which general criminal law principle?

a. Burden of proof

b. Strict pleading of charges

c. Presumption of innocence

d. Open trial

 

222. The expression “it shall be sufficient” in Section 23 indicates:

a. Mandatory requirement

b. Optional discretion

c. Minimum requirement

d. Maximum limit

 

223. Section 23 facilitates prosecution in cases involving:

a. Single transaction

b. Complex transactions over time

c. Instant offences

d. Attempt only

 

224. Section 23 ensures that charge is not invalid merely because:

a. Sanction is delayed

b. Evidence is weak

c. Exact items are not specified

d. Witnesses are hostile

 

225. The words “shall be deemed” in Section 23 signify:

a. Presumption of law

b. Legal fiction

c. Judicial discretion

d. Rebuttable presumption