Legal Service • 2016 • Law Paper-II
The maxim ‘ignorantiajuris non excusat’ means
A)
Ignorance of law is no excuse
B)
Ignorance of fact is no excuse
C)
Ignorance of law is an excuse
D)
Ignorance of fact is an excuse
Ignorantia juris non excusat means ignorance of law is no excuse.
Legal Service • 2016 • Law Paper-II
Which of the following is the right combination of the current definition of a small quantity and a commercial quantity for Ganja?
A)
2 gram (0.07102) and 50 gram (1.802)
B)
2 gram (0.07102) and 5 gram (0.1802)
C)
1 kilogram (2.21b) and 20 kilogram (44 lb)
D)
None of these
For Ganja, NDPS specifies small quantity as 1 kg (1000g) and commercial quantity as 20 kg.
Legal Service • 2016 • Law Paper-II
Which of the following sections of the Code of Criminal Procedure, 1973 as amended by the Code of Criminal Procedure (Amendment) Act, 2008 mandates the compulsory medical examination of arrested persons?
A)
Section 46
B)
Section 54
C)
Section 26
D)
Section 25
Section 54 CrPC as amended in 2008 makes medical examination of arrested person by registered practitioner compulsory.
Legal Service • 2016 • Law Paper-II
Can an Advocate General for the State perform the functions of a Public Prosecutor?
A)
Yes
B)
No
C)
Depends
D)
None of these
An Advocate General may perform the functions of a Public Prosecutor when appointed/authorized under the applicable law.
Legal Service • 2016 • Law Paper-II
Which of the following sections is supplementary to sections 57 of the Code of Criminal Procedure, 1973?
A)
Section 161
B)
Section 162
C)
Section 167
D)
Section 168
Section 167 CrPC supplements Section 57 CrPC by providing procedure for remand beyond 24 hours.
Legal Service • 2016 • Law Paper-II
Y, a small boy was guarding the field. Z and M outsiders trespassed and stared harvesting, on protest by Y they beat him up and hearing his cries, X and P, Uncles of Y who were working in different directions, rushed in, one of them X, fired at the trespassers killing one of them and ran away. P was arrested and charged under section 302 of the IPC for murder read with section 34. Which of the following statement is correct?
A)
he is liable for murder because of the similar intention of both the brothers
B)
he is liable for murder because of the same intention of both the brothers
C)
he is liable for murder because he was present when his brother forced at the trespassers
D)
he is not liable because there was no common intention to kill
Section 34 requires common intention; mere presence with similar circumstances does not establish the required common intention to kill.
Legal Service • 2016 • Law Paper-II
Which of the following is the correctly matched combination of the current definition of a small quantity and a commercial quantity for opium?
A)
2 milligram (0.031gr) and 100 milligram (1.5 gr)
B)
2 gram (0.07102) and 50 gram (1.802)
C)
5 gram (0.1802) and 250 gram (8.802)
D)
25 gram (0.8802) and 2.5 kilogram (5.5lb)
For Heroin (diacetylmorphine), NDPS notification lists small quantity 5g and commercial quantity 250g.
Legal Service • 2016 • Law Paper-II
The procedure for serving the summons is provided in section …………….of the Code of Criminal Procedure.
A)
Section 59
B)
Section 60
C)
Section 61
D)
Section 62
Section 62 CrPC prescribes how summons shall be served, following form in Section 61.
Legal Service • 2016 • Law Paper-II
Wrongful confinement has been defined under
A)
section 342 of IPC
B)
section 341 of IPC
C)
section 340 of IPC
D)
section 339 of IPC
Wrongful confinement is defined in Section 340 IPC; Section 342 provides its punishment.
Legal Service • 2016 • Law Paper-II
An offender of this Act of any offence for which no punishment is separately provided shall be punishable with ___
A)
Imprisonment for a term which may extend to six months only
B)
Imprisonment for a term which may extend to one year
C)
Imprisonment for a term which may extend to six months or with five, or with both
D)
Imprisonment for a term which may extend to one year , or with five, or with both
Under Section 32 NDPS Act (residuary punishment), offence for which no separate punishment is provided is punishable with imprisonment up to six months or fine or both.
Legal Service • 2016 • Law Paper-II
A precise formulation of the specific accusation made against a person who is entitled to know its nature at the earliest stage, is called
A)
FIR
B)
Charge
C)
Charge sheet
D)
Police report
A charge is the precise formal accusation informing the accused of the case to be met.
Legal Service • 2016 • Law Paper-II
Which chapter deals with National Fund for Control of Drug Abuse
A)
Chapter II A
B)
Chapter III
C)
Chapter IV
D)
Chapter V
Chapter II-A NDPS Act (Sections 7A, 7B) provides for National Fund for Control of Drug Abuse.
Legal Service • 2016 • Law Paper-II
Who among the following is duty bound to give maintenance?
A)
All married persons
B)
Any persons neglects or refuses to maintain
C)
Any person having sufficient means neglects or refuses to maintain
D)
None of these
Section 125 CrPC obliges person having sufficient means who neglects/refuses to maintain wife, children, parents.
Legal Service • 2016 • Law Paper-II
A petition for maintenance under section 125 of the Code of Criminal Procedure, 1973 is
A)
A complaint
B)
Not a complaint
C)
Protest petition
D)
None of these
A maintenance petition under Section 125 CrPC is not a 'complaint' as defined in Section 2(d).
Legal Service • 2016 • Law Paper-II
Every police officer while making an arrest shall
A)
Bear an accurate, visible and clear identification of his name which will facilitate easy identification
B)
Prepare a memorandum of arrest
C)
Inform the person arrested unless the memorandum is attested by a member of his family, that he has the right to have a relative or a friend named by him to be informed of his arrest
D)
All of these
Section 41B CrPC mandates ID display, arrest memo, and intimation to relative/friend of arrested person.
Legal Service • 2016 • Law Paper-II
Which of the following cases is related with mistake of fact?
A)
R. vs Prince
B)
R. vs Richardson
C)
R. vs Hicklin
D)
None of these
R. v. Prince is a classic case concerning mistake of fact.
Legal Service • 2016 • Law Paper-II
An additional Sessions Judge may pass
A)
Any sentence authorized by Law
B)
Any sentence except the death sentence
C)
Any sentence except the death sentence and life imprisonment
D)
None of these
An Additional Sessions Judge has the same sentencing jurisdiction as a Sessions Judge subject to the statutory requirement of High Court confirmation for a death sentence.
Legal Service • 2016 • Law Paper-II
In a warrant case instituted on a police report, the trial begins when the
A)
Accused appears
B)
Charge is framed
C)
Witnesses are examined
D)
None of these
In a warrant case on a police report, the trial is ordinarily treated as commencing with framing of the charge.
Legal Service • 2016 • Law Paper-II
In a cognizable case, the arrest
A)
Is mandatory
B)
Depends on the discretion of police
C)
Depends on the discretion of court
D)
None of these
Arrest in a cognizable case is not automatically mandatory; police exercise statutory discretion subject to the CrPC safeguards.
Legal Service • 2016 • Law Paper-II
X ordered his employee Y to beat Z. Y refuses. Now
A)
X has committed abetment and Y has committed assault
B)
X has committed abetment and Y has committed no offence
C)
X and Y have committed no offence
D)
X has committed no offence but Y has committed offence of subordination.
The employee's refusal means he commits no offence; the person who intentionally instigates can be liable for abetment.
Legal Service • 2016 • Law Paper-II
Which of the following sections of the Code of Criminal Procedure, 1973 defines the term ‘cognizable offences’?
A)
Section 2(a)
B)
Section 2(b)
C)
Section 2(c)
D)
Section 2(d)
Section 2(c) CrPC defines a cognizable offence.
Legal Service • 2016 • Law Paper-II
The “Narcotic Drugs and Psychotropic Substances Consultative Committee” shall consist of Chairman and such other members:
A)
not exceeding ten
B)
not exceeding fifteen
C)
not exceeding twenty
D)
not exceeding twenty five
Section 6 NDPS Act provides NDPS Consultative Committee consists of Chairman and members not exceeding twenty nominated by Central Government.
Legal Service • 2016 • Law Paper-II
‘Warrant-case’ means a case relating to an offence punishable with death imprisonment for life or imprisonment for a term exceeding………. Years.
A)
Two
B)
Three
C)
Four
D)
Five
A warrant case is one involving death, life imprisonment, or imprisonment for a term exceeding two years.
Legal Service • 2016 • Law Paper-II
Judge of a special court shall be appointed by the Government with the concurrence of
A)
The Judge of the High Court
B)
The Chief Justice of the High Court of that State where the special court situates.
C)
The Chief Justice of the Supreme Cour
Special Court Judge under NDPS Act is appointed by Government with concurrence of Chief Justice of High Court of State where court sits.
Legal Service • 2016 • Law Paper-II
Which of the following sections of the Code of Criminal Procedure, 1973 provides for the arrest on breach of bond for appearance?
A)
Section 89
B)
Section 86
C)
Section 87
D)
Section 88
Section 89 CrPC provides for arrest on breach of bond for appearance.
