The Prevention of Money Laundering Act, 2002 (PMLA) | Paper- 5 | MCQs

The Prevention of Money Laundering Act, 2002 (PMLA) | Paper- 5 | MCQs

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THE PREVENTION OF MONEY-LAUNDERING ACT, 2002

ACT NO. 15 OF 2003

 

1. Section 38 ensures continuity by including opinions of:

a. Only dissenting Members

b. Only third Member

c. Members who first heard the case

d. Registrar

 

2. Section 38 reflects which nature of Tribunal proceedings?

a. Criminal

b. Civil

c. Quasi-judicial

d. Administrative

 

3. The ultimate objective of Section 38 is to:

a. Reduce pendency

b. Ensure fair and reasoned adjudication

c. Increase powers of Chairman

d. Limit appeals

 

4. Section 39 of the PMLA deals with:

a. Power of Chairman

b. Appearance before Special Court

c. Right of appellant to take assistance and appointment of presenting officers

d. Execution of orders

 

5. Under Section 39(1), a person preferring an appeal may:

a. Appear only through advocate

b. Appear only in person

c. Either appear in person or take assistance of authorised representative

d. Appear only through government officer

 

6. The appeal referred to in Section 39 is preferred before:

a. Special Court

b. High Court

c. Appellate Tribunal

d. Adjudicating Authority

 

7. The assistance under Section 39(1) can be taken from:

a. Any government officer

b. Any legal practitioner only

c. An authorised representative of his choice

d. Registrar of Tribunal

 

8. The right under Section 39(1) is available to:

a. Respondent only

b. Director only

c. Person preferring an appeal

d. Central Government

 

9. The term “authorised representative” under Section 39 has the same meaning as in:

a. CrPC, 1973

b. CPC, 1908

c. Income-tax Act, 1961

d. Indian Evidence Act, 1872

 

10. Section 39 refers specifically to which provision of the Income-tax Act, 1961?

a. Section 131

b. Section 132

c. Section 288(2)

d. Section 245

 

11. The explanation to Section 39(1) clarifies the meaning of:

a. Appellant

b. Appeal

c. Authorised representative

d. Presenting officer

 

12. Section 39(2) empowers which authority to appoint presenting officers?

a. Central Government or Director

b. Appellate Tribunal

c. Adjudicating Authority

d. Chairman of Tribunal

 

13. Presenting officers under Section 39(2) may be:

a. Only advocates

b. Only members of Tribunal

c. Judicial officers only

d. Authorised representatives or officers

 

14. The role of a presenting officer is to:

a. Decide the appeal

b. Defend the appellant

c. Present the case before the Appellate Tribunal

d. Record evidence

 

15. Presenting officers are authorised to present the case in respect of:

a. Any investigation

b. Any prosecution

c. Any attachment order

d. Any appeal before the Appellate Tribunal

 

16. Section 39 recognises which procedural right of the appellant?

a. Right to speedy trial

b. Right to legal representation

c. Right to cross-examination

d. Right to review

 

17. The choice of authorised representative under Section 39(1) lies with:

a. Appellate Tribunal

b. Central Government

c. Director

d. Appellant

 

18. Section 39 applies at the stage of:

a. Investigation

b. Adjudication

c. Appeal

d. Trial

 

19. Which of the following is not correct regarding Section 39?

a. Appellant may appear in person

b. Tribunal appoints presenting officer

c. Appellant may choose authorised representative

d. Central Government may appoint presenting officer

 

20. The authorised representative under Section 39(1) is defined by reference to:

a. PMLA Rules

b. CrPC

c. Income-tax Act

d. CPC

 

21. Section 39 ensures parity between:

a. Investigation and prosecution

b. Appellant and government representation

c. Adjudication and trial

d. Attachment and confiscation

 

22. The Director under Section 39(2) acts in his capacity as:

a. Prosecuting authority

b. Investigating authority

c. Appointing authority for presenting officers

d. Adjudicating authority

 

23. Section 39 facilitates effective:

a. Enforcement

b. Representation before Tribunal

c. Confiscation of property

d. Arrest of accused

 

24. A person authorised as presenting officer may present the case:

a. Only orally

b. Only in writing

c. Only with Tribunal’s permission

d. With respect to any appeal

 

25. Section 39 does not deal with:

a. Assistance to appellant

b. Powers of Tribunal

c. Appointment of presenting officers

d. Meaning of authorised representative

 

26. The right under Section 39(1) is:

a. Mandatory

b. Discretionary with Tribunal

c. Statutory right of appellant

d. Conditional right

 

27. Section 39 strengthens which principle?

a. Natural justice

b. Res judicata

c. Strict liability

d. Double jeopardy

 

28. Under Section 39, government representation before Tribunal is ensured through:

a. Public Prosecutor

b. Presenting officers

c. Adjudicating Authority

d. Registrar

 

29. The assistance of authorised representative is taken for the purpose of:

a. Investigation

b. Confession

c. Presenting the case

d. Passing order

 

30. Section 39 applies specifically to proceedings before:

a. Special Court

b. Appellate Tribunal

c. High Court

d. Supreme Court

 

31. Which statute is expressly cross-referenced in Section 39?

a. CrPC, 1973

b. CPC, 1908

c. Income-tax Act, 1961

d. Companies Act, 2013

 

32. The presenting officer represents:

a. Appellant

b. Respondent private party

c. Central Government/Director

d. Tribunal

 

33. Section 39 primarily deals with:

a. Substantive offences

b. Procedural fairness in appeals

c. Penalties under PMLA

d. Powers of arrest

 

34. Section 40 of the PMLA declares certain persons to be:

a. Judicial officers

b. Government employees

c. Public servants

d. Investigating officers

 

35. Section 40 applies to which of the following authorities?

a. Special Court only

b. Appellate Tribunal only

c. High Court

d. Appellate Tribunal, Adjudicating Authority and Directorate

 

36. The Chairman and Members referred to in Section 40 belong to:

a. Special Court

b. Appellate Tribunal

c. High Court

d. Supreme Court

 

37. Which of the following is specifically mentioned in Section 40?

a. Public Prosecutor

b. Director and officers subordinate to him

c. Police officers

d. Magistrates

38. Section 40 states that persons covered shall be deemed to be public servants within the meaning of:

a. CrPC, 1973

b. CPC, 1908

c. Indian Penal Code, 1860

d. PMLA, 2002

 

39. Section 40 refers specifically to which section of the IPC?

a. Section 19

b. Section 20

c. Section 21

d. Section 22

 

40. The legal effect of Section 40 is that the listed persons:

a. Become judicial officers

b. Are treated as police officers

c. Are deemed public servants for IPC purposes

d. Are exempt from prosecution

 

41. Which of the following categories is not expressly mentioned in Section 40?

a. Chairman of Appellate Tribunal

b. Members of Appellate Tribunal

c. Officers and employees of Adjudicating Authority

d. Public Prosecutors

 

42. Officers and employees of which body are covered under Section 40?

a. Special Court

b. Appellate Tribunal

c. High Court Registry

d. Police Department

 

43. The term “deemed to be public servants” implies:

a. Actual appointment under IPC

b. Legal fiction for application of IPC provisions

c. Temporary status

d. Optional classification

 

44. Section 40 primarily ensures applicability of which kind of legal provisions?

a. Civil liability provisions

b. Administrative rules

c. Penal provisions relating to public servants

d. Service law provisions

 

45. Which of the following persons is covered under Section 40?

a. Defence counsel

b. Investigating police officer

c. Officers subordinate to the Director

d. Witnesses

 

46. The Adjudicating Authority under Section 40 includes:

a. Only the Chairperson

b. Only Members

c. Officers and employees also

d. Only contractual staff

 

47. Section 40 creates a statutory status for the purposes of:

a. PMLA only

b. CrPC only

c. IPC offences involving public servants

d. Service benefits

 

48. Which of the following is the correct statement?

a. Section 40 applies only during trial

b. Section 40 applies only during adjudication

c. Section 40 applies irrespective of stage of proceedings

d. Section 40 applies only after conviction

 

49. The Director referred to in Section 40 is the Director under:

a. CrPC

b. IPC

c. PMLA

d. Companies Act

 

50. By deeming certain authorities as public servants, Section 40 helps in:

a. Granting immunity

b. Strengthening accountability

c. Limiting jurisdiction

d. Speedy disposal

 

51. Section 40 does not confer which of the following?

a. Public servant status

b. IPC applicability

c. Immunity from prosecution

d. Legal responsibility

 

52. Which of the following statutes is expressly mentioned in Section 40?

a. CrPC, 1973

b. CPC, 1908

c. Indian Penal Code, 1860

d. Income-tax Act, 1961

 

53. Section 40 applies to employees of:

a. Enforcement Directorate only

b. Adjudicating Authority only

c. Police Department

d. Appellate Tribunal and Adjudicating Authority

 

54. The purpose of linking Section 40 to IPC Section 21 is to:

a. Define criminal procedure

b. Apply definition of public servant

c. Confer judicial powers

d. Exclude civil liability

 

55. Section 40 forms part of which broader theme under PMLA?

a. Offences and penalties

b. Adjudication and appellate mechanism

c. Attachment and confiscation

d. Investigation powers

 

56. Which of the following best describes Section 40?

a. Substantive offence provision

b. Procedural safeguard

c. Deeming provision

d. Punishment clause

 

57. A Member of the Appellate Tribunal under PMLA is treated as a public servant for purposes of:

a. PMLA Rules

b. IPC offences

c. CPC proceedings

d. Income-tax proceedings

 

58. Section 40 ensures that offences like bribery or misconduct by covered persons are governed by:

a. Only PMLA

b. IPC provisions relating to public servants

c. CrPC exclusively

d. Service rules only

 

59. Section 41 of the PMLA deals with:

a. Bar of criminal court jurisdiction

b. Civil court not to have jurisdiction

c. Appeal to High Court

d. Power of Special Court

 

60. Under Section 41, no civil court shall have jurisdiction to entertain any suit or proceeding in respect of matters which are empowered to be determined by:

a. Police authorities

b. Director, Adjudicating Authority or Appellate Tribunal

c. Special Court only

d. High Court

 

61. Section 41 bars jurisdiction of which type of court?

a. Criminal courts

b. Revenue courts

c. Civil courts

d. Special courts

 

62. The jurisdiction of civil courts is barred in matters which are:

a. Under investigation by police

b. Empowered to be determined under PMLA

c. Pending before High Court

d. Related to IPC offences

 

63. Section 41 also prohibits the granting of:

a. Bail

b. Stay order

c. Injunction

d. Review

 

64. The prohibition on granting injunction applies to:

a. Only civil courts

b. Only criminal courts

c. Any court or other authority

d. Only High Court

 

65. No injunction shall be granted in respect of:

a. Orders already passed

b. Actions taken or to be taken under PMLA

c. Appeals pending

d. Criminal prosecutions

 

66. Section 41 ensures that proceedings under PMLA are:

a. Subject to civil court supervision

b. Independent of civil court interference

c. Subordinate to High Court

d. Subject to criminal court review

 

67. Which authority is not mentioned in Section 41?

a. Director

b. Adjudicating Authority

c. Appellate Tribunal

d. Special Court

 

68. Section 41 bars civil suits relating to:

a. Matters of compensation

b. Matters under the Companies Act

c. Matters determined under PMLA

d. Matters under IPC

 

69. The bar under Section 41 applies when the authority is empowered:

a. By notification

b. By or under this Act

c. By High Court directions

d. By Central Government order

 

70. Section 41 reflects the principle of:

a. Natural justice

b. Separation of powers

c. Exclusion of civil court jurisdiction

d. Judicial review

 

71. Which of the following best describes Section 41?

a. Enabling provision

b. Penal provision

c. Ouster clause

d. Charging section

 

72. Civil courts are barred from entertaining proceedings relating to decisions of:

a. Director only

b. Adjudicating Authority only

c. Appellate Tribunal only

d. All of the above

 

73. The term “injunction” under Section 41 includes orders restraining:

a. Investigation

b. Action taken or proposed under PMLA

c. Criminal trial

d. Appeal proceedings

 

74. Section 41 prevents parallel proceedings by:

a. Criminal courts

b. Revenue authorities

c. Civil courts

d. High Courts

 

75. Which of the following statements is correct?

a. Civil courts can grant injunctions under PMLA matters

b. Civil courts have limited jurisdiction under PMLA

c. Civil courts have no jurisdiction over PMLA matters assigned to authorities

d. Civil courts can review attachment orders

 

76. Section 41 ensures speedy enforcement of PMLA by:

a. Allowing civil remedies

b. Preventing civil court interference

c. Expanding appellate jurisdiction

d. Providing criminal immunity

 

77. Which authority’s actions are protected from injunction under Section 41?

a. Police authorities

b. Income-tax authorities

c. Authorities under PMLA

d. Magistrates

 

78. The words “any court or other authority” in Section 41 indicate:

a. Limited restriction

b. Only civil courts

c. Broad prohibition against injunctions

d. Only administrative authorities

 

79. Section 41 is similar in nature to provisions found in:

a. Taxation statutes

b. Service laws

c. Special economic legislations

d. Family laws

 

80. Section 41 bars jurisdiction in respect of matters determined by authorities under:

a. IPC

b. CrPC

c. PMLA

d. CPC

 

81. The purpose of Section 41 is primarily to:

a. Protect individual rights

b. Strengthen adjudicatory mechanism under PMLA

c. Confer appellate power on civil courts

d. Allow civil remedies

 

82. A civil suit challenging provisional attachment under PMLA would be:

a. Maintainable

b. Partly maintainable

c. Barred under Section 41

d. Transferable to Special Court

 

83. Section 41 applies irrespective of whether the action is:

a. Taken or to be taken

b. Completed only

c. Proposed only

d. Criminal or civil

 

84. Section 41 strengthens the doctrine of:

a. Judicial activism

b. Exclusive statutory remedy

c. Plea bargaining

d. Compounding of offences

 

85. Which remedy is barred due to Section 41?

a. Appeal to Appellate Tribunal

b. Appeal to High Court

c. Civil injunction

d. Criminal revision

 

86. Section 41 does not bar jurisdiction of:

a. Civil court

b. Appellate Tribunal

c. Adjudicating Authority

d. Director

 

87. Section 41 ensures that disputes under PMLA are resolved through:

a. Civil courts

b. Statutory authorities and tribunals

c. Arbitration

d. Lok Adalats

 

88. Section 41 is intended to prevent:

a. Abuse of criminal process

b. Multiplicity of civil litigation

c. Delay in police investigation

d. Excessive punishment

 

89. Section 42 of the PMLA deals with:

a. Revision by High Court

b. Appeal to High Court

c. Reference to High Court

d. Review by Tribunal

 

90. An appeal under Section 42 lies against the order of:

a. Adjudicating Authority

b. Director

c. Appellate Tribunal

d. Special Court

 

91. Who may file an appeal under Section 42?

a. Only the Director

b. Only Central Government

c. Any person aggrieved

d. Only the accused

 

92. The appeal to the High Court under Section 42 must be filed within:

a. 30 days

b. 45 days

c. 60 days

d. 90 days

 

93. The period of limitation under Section 42 is counted from:

a. Date of order

b. Date of pronouncement

c. Date of communication of order

d. Date of knowledge

 

94. An appeal under Section 42 can be filed on any question of:

a. Law only

b. Fact only

c. Law or fact

d. Jurisdiction only

 

95. The proviso to Section 42 empowers the High Court to condone delay if:

a. Appeal is filed within 90 days

b. Appellant shows sufficient cause

c. Tribunal recommends condonation

d. Central Government permits

 

96. The maximum additional period that the High Court may allow under the proviso is:

a. 30 days

b. 45 days

c. 60 days

d. Unlimited

 

97. The High Court cannot extend the filing period beyond:

a. 60 days total

b. 90 days total

c. 120 days total

d. 180 days total

 

98. The appeal under Section 42 is a:

a. Statutory appeal

b. Discretionary appeal

c. Revision

d. Reference

 

99. Section 42 allows appeal on questions arising out of:

a. Investigation

b. Prosecution

c. Order of Appellate Tribunal

d. Order of Adjudicating Authority

 

100. The Explanation to Section 42 defines:

a. Appeal

b. Appellant

c. High Court

d. Tribunal

 

101. For a private aggrieved party, “High Court” means the High Court within whose jurisdiction the party:

a. Was arrested

b. Filed appeal

c. Ordinarily resides or carries on business or works for gain

d. Owns property

 

102. When the Central Government is the aggrieved party, the appeal shall lie to the High Court within whose jurisdiction:

a. Central Government office is located

b. Appellate Tribunal is located

c. Respondent resides or carries on business

d. Adjudicating Authority is situated

 

103. Where there are multiple respondents and Central Government is aggrieved, appeal may be filed in the High Court within whose jurisdiction:

a. All respondents reside

b. Majority of respondents reside

c. Any one of the respondents resides

d. Tribunal directs

 

104. Section 42 does not permit appeal against:

a. Tribunal’s final order

b. Tribunal’s interim order

c. Tribunal’s decision

d. Director’s order

 

105. The right to appeal under Section 42 arises only after:

a. Attachment order

b. Adjudication

c. Decision of Appellate Tribunal

d. Registration of FIR

 

106. Section 42 appeal is maintainable even on:

a. Procedural questions only

b. Substantial questions only

c. Questions of fact

d. Questions of sentence

 

107. The expression “person aggrieved” under Section 42 includes:

a. Only accused

b. Only complainant

c. Any affected party

d. Only government

 

108. Section 42 strengthens which level of judicial scrutiny?

a. Administrative

b. Quasi-judicial

c. Judicial (High Court)

d. Executive

 

109. Which of the following is correct regarding limitation under Section 42?

a. Delay cannot be condoned

b. Delay can be condoned without limit

c. Delay can be condoned up to 60 days

d. Delay can be condoned up to 90 days

 

110. The appeal under Section 42 is filed directly before:

a. Supreme Court

b. High Court

c. Appellate Tribunal

d. Special Court

 

111. Section 42 provides an appeal mechanism against decisions of:

a. Executive authorities

b. Judicial authorities

c. Quasi-judicial tribunal

d. Investigating agency

 

112. The jurisdictional High Court is determined on the basis of:

a. Location of property

b. Place of offence

c. Residence or business of parties

d. Place of attachment

 

113. Section 42 does not require that the question raised must be:

a. Arising from the order

b. Question of law

c. Substantial question of law only

d. Question of fact

 

114. Section 42 differs from Section 26 because Section 42 provides appeal to:

a. Tribunal

b. Adjudicating Authority

c. High Court

d. Special Court

 

115. The High Court’s power under the proviso to Section 42 is:

a. Mandatory

b. Discretionary

c. Ministerial

d. Administrative

 

116. Filing an appeal beyond 120 days from communication of order under Section 42 is:

a. Permissible

b. Conditionally permissible

c. Not maintainable

d. Automatically allowed

 

117. The Explanation to Section 42 applies:

a. Only to individuals

b. Only to companies

c. To individuals and Central Government

d. Only to foreign parties

 

118. Section 42 ensures which constitutional principle?

a. Separation of powers

b. Judicial review

c. Natural justice

d. Equality before law

 

119. Section 43 of the PMLA deals with:

a. Power of arrest

b. Cognizance of offence

c. Special Courts

d. Appeal to High Court

 

120. Who is empowered to designate Special Courts under Section 43(1)?

a. High Court

b. Supreme Cour

c. Central Government

d. State Government

 

121. The Central Government designates Special Courts under Section 43(1) in consultation with:

a. Chief Justice of India

b. Law Commission

c. Chief Justice of the High Court

d. State Government

 

122. Special Courts under Section 43 are designated for trial of offences punishable under:

a. Section 3

b. Section 4

c. Section 8

d. Section 19

 

123. A Special Court under PMLA is a:

a. Magistrate Court

b. Civil Court

c. Court of Session

d. High Court

 

124. Special Courts are designated by the Central Government by:

a. Circular

b. Order

c. Notification

d. Ordinance

 

125. Under Section 43(1), Special Courts may be designated for:

a. Whole State only

b. Particular area or areas

c. Only metropolitan cities

d. Only capital cities

 

126. Special Courts under Section 43 may be designated for:

a. All criminal cases

b. Civil disputes

c. Particular case, class or group of cases

d. Only economic offences

 

127. The Explanation to Section 43(1) defines “High Court” as:

a. High Court of Delhi

b. High Court exercising appellate jurisdiction

c. High Court of the State where Sessions Court was functioning before designation

d. High Court notified by Central Government

 

128. The Explanation under Section 43(1) is relevant for the purpose of:

a. Determining trial procedure

b. Identifying the competent High Court

c. Appeal jurisdiction

d. Execution of sentence

 

129. While trying an offence under PMLA, the Special Court may also try:

a. Only offences under IPC

b. Only scheduled offences

c. Other offences chargeable at the same trial under CrPC

d. Only offences under Section 3

 

130. The power of Special Court to try additional offences is derived from:

a. IPC

b. CrPC

c. CPC

d. Income-tax Act

 

131. Section 43(2) allows joint trial of offences if:

a. Accused pleads guilty

b. Court grants permission

c. Accused may be charged under CrPC at same trial

d. Offence is compoundable

 

132. Which of the following is correct regarding Special Courts under PMLA?

a. They are newly created courts

b. They are designated Courts of Session

c. They are Magistrate Courts

d. They are Tribunal courts

 

133. The designation of Special Court under Section 43 is made for trial of offences punishable under:

a. Section 3

b. Section 4

c. Section 19

d. Section 45

 

134. The consultation under Section 43(1) is mandatory with:

a. State Government

b. Chief Justice of India

c. Chief Justice of the High Court

d. Registrar of High Court

 

135. Section 43 ensures:

a. Civil adjudication

b. Speedy and specialised criminal trial

c. Administrative enforcement

d. Appellate review

 

136. The Special Court under PMLA tries offences relating to:

a. Attachment only

b. Confiscation only

c. Money-laundering

d. Search and seizure

 

137. Special Courts are designated for offences punishable under Section 4 which prescribes:

a. Attachment

b. Arrest

c. Punishment for money-laundering

d. Adjudication

 

138. Section 43 belongs to which stage of PMLA proceedings?

a. Investigation

b. Adjudication

c. Trial

d. Appeal

 

139. Which of the following authorities is not involved in designation of Special Courts?

a. Central Government

b. Chief Justice of High Court

c. State Legislature

d. High Court (as defined)

 

140. The words “one or more Courts of Session” indicate that:

a. Only one Special Court can exist

b. Multiple Special Courts may be designated

c. Only one per State

d. Only one per district

 

141. Section 43 allows Special Courts to try offences other than PMLA offences when:

a. They are civil offences

b. They arise from same transaction

c. CrPC permits joint trial

d. High Court directs

 

142. Section 43 does not deal with:

a. Designation of courts

b. Consultation with judiciary

c. Punishment quantum

d. Joint trial of offences

 

143. A Special Court under PMLA functions primarily as a:

a. Civil adjudicator

b. Criminal trial court

c. Appellate authority

d. Investigating agency

 

144. The notification under Section 43 may specify:

a. Area only

b. Case only

c. Class or group of cases

d. All of the above

 

145. The Explanation to Section 43 avoids confusion regarding:

a. Place of trial

b. Meaning of High Court

c. Jurisdiction of Supreme Court

d. Powers of Tribunal

 

146. Section 43 strengthens which principle?

a. Natural justice

b. Specialised criminal adjudication

c. Civil jurisdiction

d. Administrative convenience

 

147. The Special Court under PMLA is competent to try:

a. Only scheduled offences

b. Only IPC offences

c. PMLA offences and connected offences

d. Only civil matters

 

148. Section 43 is an enabling provision relating to:

a. Investigation

b. Attachment

c. Trial mechanism

d. Appeal mechanism

 

149. Section 44 of the PMLA deals with:

a. Power of arrest

b. Cognizance by Magistrate

c. Appeal to High Court

d. Offences triable by Special Courts

 

150. Section 44 begins with which overriding clause?

a. Subject to the Constitution

b. Notwithstanding anything contained in IPC

c. Notwithstanding anything contained in the CrPC

d. Subject to High Court rules

 

151. An offence punishable under Section 4 of PMLA shall be triable by:

a. Magistrate Court

b. Special Court

c. Sessions Court

d. High Court

 

152. Along with an offence under Section 4, which other offence is triable by the Special Court?

a. Any civil offence

b. Any IPC offence

c. Any scheduled offence connected to it

d. Only offences under PMLA

 

153. The Special Court competent to try offences under Section 44 is the one constituted for:

a. Area where offence is committed

b. Place of residence of accused

c. Place of arrest

d. Place of attachment

 

154. A Special Court trying a scheduled offence before commencement of PMLA shall:

a. Transfer it to High Court

b. Continue to try such scheduled offence

c. Stop the trial

d. Refer it to Magistrate

 

155. Under Section 44(1)(b), a Special Court may take cognizance of offence under Section 3 upon:

a. Police report

b. Complaint by authorised authority

c. Charge-sheet

d. FIR

 

156. For taking cognizance under Section 44(1)(b), the accused must be:

a. Committed to Special Court

b. Arrested first

c. Produced before Magistrate

d. Not required to be committed

 

157. If after investigation no offence of money-laundering is made out, the authorised authority shall file:

a. Final report before Magistrate

b. Closure report before Special Court

c. Discharge application

d. Compounding application

 

158. The closure report under Section 44(1)(b) is submitted:

a. Before filing FIR

b. During trial

c. After conclusion of investigation

d. After conviction

 

159. If the scheduled offence is taken cognizance of by a court other than the Special Court, that court shall:

a. Commit the case on application by authorised authority

b. Proceed independently

c. Transfer case suo motu

d. Quash the proceedings

 

160. The power to seek commitment of scheduled offence lies with:

a. Accused

b. Magistrate

c. Authorised authority under PMLA

d. Public Prosecutor

 

161. After receipt of committed case, the Special Court shall proceed:

a. De novo

b. From evidence stage only

c. From the stage at which it is committed

d. Only after fresh complaint

 

162. While trying offences under PMLA or scheduled offences, the Special Court shall follow:

a. CPC

b. IPC

c. CrPC applicable to Sessions trial

d. Special summary procedure

 

163. Section 44(1)(d) equates trial before Special Court to trial before:

a. Magistrate of First Class

b. Chief Judicial Magistrate

c. Court of Session

d. High Court

 

164. The Explanation to Section 44 clarifies that jurisdiction of Special Court is:

a. Dependent on attachment order

b. Dependent on scheduled offence order

c. Independent of orders in scheduled offence

d. Subject to Magistrate’s order

 

165. During investigation, enquiry or trial under PMLA, the jurisdiction of Special Court is:

a. Stayed till scheduled offence ends

b. Dependent on FIR of scheduled offence

c. Not dependent on any order in scheduled offence

d. Subject to police report

 

166. Trial of scheduled offence and money-laundering offence by same court shall:

a. Always be joint trial

b. Be deemed joint trial

c. Not be construed as joint trial

d. Be barred

 

167. Explanation (ii) to Section 44 states that a complaint includes:

a. Only original complaint

b. Subsequent complaint after further investigation

c. Only supplementary charge-sheet

d. Only police report

 

168. A subsequent complaint may be filed to bring:

a. New accused only

b. Further oral or documentary evidence

c. Civil liability

d. Sentencing material

 

169. A subsequent complaint may relate to:

a. Only accused named earlier

b. Only new accused

c. Only absconding accused

d. Accused named earlier or not named earlier

 

170. Section 44(2) preserves special powers of:

a. Magistrate

b. Sessions Court

c. High Court

d. Supreme Court

 

171. The special powers preserved under Section 44(2) relate to:

a. Attachment

b. Confiscation

c. Bail

d. Compounding

 

172. The bail powers referred to in Section 44(2) are under:

a. Section 437 CrPC

b. Section 438 CrPC

c. Section 439 CrPC

d. Section 360 CrPC

 

173. For the purpose of Section 439 CrPC, reference to “Magistrate” shall be deemed to include:

a. Special Court

b. Adjudicating Authority

c. Director

d. Appellate Tribunal

 

174. Section 44 allows the High Court to exercise bail powers as if:

a. Special Court does not exist

b. Special Court is Magistrate

c. Special Court is Sessions Court only

d. PMLA does not apply

 

175. Section 44 mainly governs which stage of PMLA proceedings?

a. Trial and cognizance

b. Investigation only

c. Adjudication only

d. Appeal

 

176. Cognizance of offence under Section 3 is taken on the basis of:

a. FIR

b. Police report

c. Order of Adjudicating Authority

d. Complaint by authorised authority

 

177. Which authority is competent to authorise filing of complaint under Section 44?

a. State Police

b. Authority authorised under PMLA

c. Magistrate

d. Public Prosecutor

 

178. Section 44 ensures that trial of money-laundering offence is:

a. Independent and specialized

b. Delayed till scheduled offence concludes

c. Dependent on conviction in scheduled offence

d. Civil in nature

 

179. Which of the following is not required for Special Court to take cognizance under Section 44(1)(b)?

a. Complaint

b. Authorised authority

c. Commitment of accused

d. Jurisdiction

 

180. Section 44 overrides which procedural law?

a. CPC

b. CrPC

c. Evidence Act

d. IPC

 

181. The phrase “shall be triable by the Special Court” indicates:

a. Discretion

b. Optional jurisdiction

c. Mandatory jurisdiction

d. Concurrent jurisdiction

 

182. Section 44 strengthens which objective of PMLA?

a. Civil recovery

b. Speedy criminal trial

c. Tax assessment

d. Administrative control

 

183. The combined reading of Sections 43 and 44 relates to:

a. Arrest and seizure

b. Adjudication and appeal

c. Constitution and jurisdiction of Special Courts

d. Attachment and confiscation

 

184. Section 45 of the PMLA deals with:

a. Offences to be cognizable and non-bailable

b. Power of arrest

c. Attachment of property

d. Appeal to High Court

 

185. Section 45 starts with which overriding clause?

a. Subject to CrPC

b. Notwithstanding anything contained in CrPC

c. Subject to IPC

d. Without prejudice to CPC

 

186. Under Section 45, an offence under PMLA is classified as:

a. Non-cognizable and bailable

b. Cognizable and bailable

c. Non-cognizable and non-bailable

d. Cognizable and non-bailable

 

187. No person accused of an offence under PMLA shall be released on bail unless:

a. Police report is filed

b. Charge is framed

c. Bond is executed

d. Conditions under Section 45(1) are satisfied

 

188. Which of the following is the first mandatory condition for grant of bail under Section 45(1)?

a. Accused must be sick

b. Public Prosecutor must be given opportunity to oppose

c. Court must record reasons

d. Property must be attached

 

189. If the Public Prosecutor opposes bail, the court must be satisfied that:

a. Accused will surrender passport

b. Accused is not guilty and not likely to commit offence on bail

c. Trial is likely to take long

d. Accused has cooperated

 

190. The requirement of “reasonable grounds for believing” relates to:

a. Conviction

b. Presumption of guilt

c. Belief of innocence

d. Confession

 

191. The twin conditions under Section 45 apply when:

a. Bail is granted by police

b. Public Prosecutor does not oppose

c. Public Prosecutor opposes bail

d. Accused is a woman

 

192. Which of the following persons may be released on bail under the first proviso to Section 45(1)?

a. Habitual offender

b. Person below 16 years of age

c. Foreign national

d. Proclaimed offender

 

193. Bail relaxation under first proviso is available to:

a. Only minors

b. Only women

c. Only sick persons

d. Minors, women, sick or infirm persons

 

194. Bail may also be granted if the accused is charged with laundering less than:

a. ₹10 lakh

b. ₹50 lakh

c. ₹1 crore

d. ₹5 crore

 

195. The discretion to grant bail under the first proviso vests in:

a. Magistrate

b. Special Court

c. Police Officer

d. Appellate Tribunal

 

196. The second proviso to Section 45(1) relates to:

a. Bail conditions

b. Cognizance of offence

c. Investigation powers

d. Compounding of offence

 

197. The Special Court shall take cognizance of offence under Section 4 only upon:

a. Police charge-sheet

b. FIR

c. Written complaint

d. Attachment order

 

198. A valid complaint for cognizance under Section 45 must be filed by:

a. Magistrate

b. Public Prosecutor

c. Director or authorised officer

d. Police Inspector

 

199. An officer authorised to file complaint must be authorised by:

a. State Government

b. Central Government

c. Director

d. High Court

 

200. Authorisation under Section 45 can be given by Central Government through:

a. General or special order

b. Ordinance only

c. Rules only

d. Gazette notification only

 

201. Section 45(1A) restricts investigation by police officers unless:

a. FIR is registered

b. Central Government authorises

c. Court permits

d. Director approves

 

202. Police investigation under PMLA without authorisation is:

a. Mandatory

b. Permissible

c. Optional

d. Barred

 

203. Section 45(1A) overrides:

a. IPC only

b. CrPC and other provisions of PMLA

c. CPC

d. Evidence Act

 

204. The conditions of bail under Section 45 are:

a. In addition to CrPC conditions

b. Alternative to CrPC conditions

c. In substitution of CrPC

d. Independent of CrPC

 

205. Section 45(2) clarifies that bail limitations are:

a. Exclusive

b. Exhaustive

c. Supplementary

d. Temporary

 

206. The Explanation to Section 45 clarifies that offences under PMLA are:

a. Cognizable and non-bailable

b. Cognizable only

c. Non-bailable only

d. Bailable on discretion

 

207. The Explanation applies:

a. Prospectively

b. Retrospectively

c. Temporarily

d. Conditionally

 

208. Officers authorised under PMLA may arrest an accused:

a. Only with warrant

b. Without warrant

c. Only with court permission

d. Only after charge-sheet

 

209. Arrest without warrant under PMLA is subject to compliance with:

a. Section 41 CrPC

b. Section 50 PMLA

c. Section 19 PMLA and Section 45

d. Section 167 CrPC

 

210. The phrase “shall not be released on bail” indicates:

a. Directory provision

b. Mandatory restriction

c. Optional guideline

d. Advisory rule

 

211. The power to relax bail conditions under the proviso lies with:

a. High Court only

b. Magistrate

c. Special Court

d. Director

 

212. Section 45 primarily governs which aspect of PMLA?

a. Attachment

b. Bail and investigation

c. Confiscation

d. Appeal

 

213. The “twin conditions” under Section 45 are linked with:

a. Bail

b. Cognizance

c. Investigation

d. Attachment

 

214. If the Public Prosecutor does not oppose bail, the court:

a. Must reject bail

b. Must apply twin conditions

c. May consider bail under normal principles

d. Must refer to High Court

 

215. Section 45 reflects the legislative intent of:

a. Liberal bail policy

b. Strict control over economic offences

c. Civil recovery

d. Administrative convenience

 

216. Which authority is central to bail opposition under Section 45?

a. Investigating Officer

b. Director

c. Public Prosecutor

d. Magistrate

 

217. Section 45 makes offences under PMLA cognizable notwithstanding:

a. IPC

b. CrPC

c. Evidence Act

d. Constitution

 

218. The combined effect of Section 19 and Section 45 relates to:

a. Confiscation

b. Cognizance

c. Arrest and bail

d. Appeal

 

219. Section 45 ensures that investigation under PMLA is conducted by:

a. State Police

b. Any police officer

c. Authorised officers only

d. Magistrate