Legal Service • 2016 • Law Paper-II
Can the statements recorded under section 161 of the Code of Criminal Procedure, 1973 be used to corroborate the evidence of prosecution witness?
A)
Yes
B)
No
C)
Depends
D)
None of these
Under Section 162 CrPC, Sec 161 statements cannot be used for corroboration, only for contradiction.
Legal Service • 2016 • Law Paper-II
An accused arrested can be kept in custody without producing him before the magistrate, after his arrest for a period of ……
A)
12 hours
B)
24 hours
C)
48 hours
D)
90 days
Section 57 CrPC and Art 22(2) Constitution require production before magistrate within 24 hours of arrest.
Legal Service • 2016 • Law Paper-II
The involvement of five or more persons is essential for
A)
theft
B)
extortion
C)
robbery
D)
dacoity
Dacoity requires the involvement of five or more persons.
Legal Service • 2016 • Law Paper-II
What is the maximum sentence of imprisonment a chief judicial magistrate can pass?
A)
Seven years
B)
Ten years
C)
Five years
D)
None of these
As per Section 29(2) CrPC, a Chief Judicial Magistrate may pass sentence up to 7 years imprisonment.
Legal Service • 2016 • Law Paper-II
Applicability of section 360 of the Code of Criminal Procedure 1973 is effective of the NDAPS Act when –
A)
The person convicted of an offence under this Act is under eighteen years of age
B)
The person convicted of an offence under this Act is under sixteen years of age
C)
The person convicted of an offence under this Act is under twenty one years of age
D)
The person convicted of an offence under this Act is under eighteen years of age and convicted under section 26 or section 27 of the ND&PS Act
Section 33 NDPS Act bars applicability of Section 360 CrPC/Probation unless convicted person was under 18 years at time of offence.
Legal Service • 2016 • Law Paper-II
X, a police officer, has a warrant of arrest for Y. He asks Z as to the identity of Y. Z knowingly tells X that M is Y and consequently X arrests M.
A)
Z is guilty of abetment by instigation
B)
Z is guilty of abetment by aiding
C)
Z is guilty of abetment by false representation
D)
Z is guilty of abetment any kind only of mischief
Knowingly giving a false identity to help secure an arrest is intentional aid through false representation.
Legal Service • 2016 • Law Paper-II
When a criminal act is done by several persons in a furtherance of common intention of all
A)
Each of such person is liable for that act in the same manner as if it were done by him alone
B)
Each of such person is liable for his own overt act
C)
Each of such person shall be liable according to the extent of his participation in the crime
D)
Both (b) & (c)
Section 34 IPC makes each participant in a common-intention offence liable as if he had done the act alone.
Legal Service • 2016 • Law Paper-II
The principle ‘ de minimus non curatlex ‘ is contained in
A)
Section 92 of IPC
B)
Section 93 of IPC
C)
Section 94 of IPC
D)
Section 95 of IPC
The de minimis principle is embodied in Section 95 IPC for acts causing very slight harm.
Legal Service • 2016 • Law Paper-II
Can a proclamation under section 82 of the Code of Criminal Procedure, 1973 be published in a newspaper?
A)
Yes
B)
No
C)
Depends
D)
None of these
Section 82(2)(ii) CrPC as amended permits proclamation to be published in a daily newspaper circulating where person resides.
Legal Service • 2016 • Law Paper-II
Under which among the following cases, the Supreme Court held that woman can be arrested by police at any time and even in absence of lady constable if the arresting officer records the proper reason for such arrest?
A)
State of Maharashtra v. Christian Community Welfare council of India, AIR 2004 SC 7
B)
R. D. Nayak v. State of Gujrat, AIR 2004 SC 23
C)
State of Uttar Pradesh v. LalitTandon, (2004) SC 23
D)
Kamalji Sing v. State of Punjub, AIR 2004 SC 69
The cited Supreme Court ruling is State of Maharashtra v. Christian Community Welfare Council of India.
Legal Service • 2016 • Law Paper-II
Which country began to campaign for a worldwide law against all drug; following the adoption of the single convention on Narcotic Drugs
A)
The UK
B)
The United States
C)
France
D)
Germany
USA led campaign for worldwide narcotics control after Single Convention on Narcotic Drugs 1961.
Legal Service • 2016 • Law Paper-I
The term ‘movable property’ is defined in the Transfer of Property Act, 1882 under
A)
Section 3
B)
Section (2)
C)
Section 4
D)
Not defined
Transfer of Property Act Section 3 defines immovable property but does not define movable property.
Legal Service • 2016 • Law Paper-I
Which of the following tort is an exception to the rule of irrelevance of motive in the law of torts?
A)
Malicious prosecution
B)
Nuisance
C)
Conspiracy
D)
All of these
Motive is generally irrelevant in torts, but malice is essential in malicious prosecution, conspiracy, nuisance/defamation, etc., so all are exceptions.
Legal Service • 2016 • Law Paper-I
An ostensible owner of an immovable property is
A)
Real owner
B)
Qualified owner
C)
One who transfer with the consent of the real owner
D)
Owner without title
Ostensible owner under Section 41 TPA is not the real owner but holds out as owner with express or implied consent of real owner and transfers for consideration.
Legal Service • 2016 • Law Paper-I
Indian Contract Act contains __________ section.
A)
145
B)
266
C)
482
D)
238
Indian Contract Act, 1872 originally contains 238 sections divided into 10 chapters.
Legal Service • 2016 • Law Paper-I
A bundle of essential facts which is necessary for the plaintiff to prove before he can succeed in the suit is called
A)
Pleadings
B)
Proof
C)
Evidence
D)
Cause of action
The bundle of essential facts that gives a plaintiff a right to sue is the cause of action.
Legal Service • 2016 • Law Paper-I
Order IX of the Code of Civil Procedure, 1908, deals with
A)
Summons to witness
B)
Appearance of parties and consequences of non-appearance
C)
Written statement
D)
Set-off
Order IX CPC deals with appearance of parties and consequences of non-appearance.
Legal Service • 2016 • Law Paper-I
Set-off is a
A)
Plea for the plaintiff
B)
Defense of the defendant
C)
Both (a) & (b)
D)
Neither (a) nor (b)
Set-off is a statutory defence/counter-claim of defendant under Order VIII Rule 6 CPC.
Legal Service • 2016 • Law Paper-I
A bid at auction sale is
A)
An implied offer to buy
B)
An expressed offer to buy
C)
An invitation to offer to buy
D)
An invitation to come to bid
At auction, advertisement is invitation to offer, bidder's bid is offer (expressed offer) which auctioneer may accept by hammer fall.
Legal Service • 2016 • Law Paper-I
Damnum implies
A)
Dictatorship
B)
Decision of House of Lords
C)
Damages
D)
Double bench opinion
Damnum means damage, loss, harm – monetary or physical; contrasted with injuria meaning infringement of legal right.
Legal Service • 2016 • Law Paper-I
According to Justinian ‘every action contrary to law’ is
A)
Liberty
B)
Power
C)
Damnum
D)
Injury
Justinian defined injuria as every act contrary to law; damnum is mere damage without legal wrong.
Legal Service • 2016 • Law Paper-I
The Ninth Schedule to the Indian Constitution was added by:
A)
First Amendment
B)
Eighth Amendment
C)
Ninth Amendment
D)
Forty-Second Amendment
The Ninth Schedule was inserted by the First Constitutional Amendment, 1951.
Legal Service • 2016 • Law Paper-I
Which among the following is not a Fundamental Right?
A)
Right to strike
B)
Right against exploitation
C)
Right to equality
D)
Right to freedom of religion
The Right to Strike is not a Fundamental Right in India.
Legal Service • 2016 • Law Paper-I
How many duties are conferred on the citizens in Article 51A
A)
8
B)
9
C)
11
D)
12
Article 51A currently contains 11 Fundamental Duties.
Legal Service • 2016 • Law Paper-I
The Right to Property was dropped from the list of Fundamental Rights by the
A)
24th Amendment
B)
42nd Amendment
C)
44th Amendment
D)
None of these
The 44th Constitutional Amendment removed the Right to Property from the list of Fundamental Rights.
