Legal Service • 2016 • Law Paper-II
For application of section 149 of IPC
A)
a person should be a member of the unlawful assembly and should actively participate in the commission of offence
B)
a person should be a member of the unlawful assembly but need not necessarily participate himself in the commission of the offence
C)
need not be a member of unlawful assembly but must share a common intention to commit the offence
D)
need not be a member of unlawful assembly but must participate in the commission of the offence
Section 149 can impose liability on any member of the unlawful assembly even if that individual did not personally commit the offence.
Legal Service • 2016 • Law Paper-II
“P gives grave and sudden provocation to M. M on this provocation, fires a pistol at p, neither intending nor knowing himself to be likely to kill Q . Who is near him but out of the sight, M kills Q”. Taking the view of this illustration give the correct answer.
A)
It is murder
B)
It is not a murder but culpable homicide
C)
It is neither a murder nor a culpable homicide
D)
It is a culpable homicide
The illustration reflects grave and sudden provocation but an unintended killing of another person; the intended consequence is culpable homicide rather than murder.
Legal Service • 2016 • Law Paper-II
Any private person may arrest or cause to be arrested
A)
Any person who in his presence commits an non-bailable and cognizable offence
B)
Any proclaimed offender
C)
Both (a) and (b)
D)
None of these
Section 43 CrPC empowers private person to arrest person committing non-bailable cognizable offence in his presence or proclaimed offender.
Legal Service • 2016 • Law Paper-II
Section 82 of IPC enunciates
A)
a presumption of fact
B)
a rebuttable presumption of law
C)
a conclusive or irrebuttable presumption of law
D)
none of these
Section 82 IPC conclusively presumes a child under seven incapable of committing an offence.
Legal Service • 2016 • Law Paper-II
Which of the following is the current definition of a Commercial quantity for Cocaine?
A)
100 gram
B)
50 gram
C)
250 gram
D)
100 milligram
As per NDPS Rules notification, commercial quantity for Cocaine is 100 grams (small is 2 grams).
Legal Service • 2016 • Law Paper-II
Culpable homicide has been defined
A)
under section 299 of IPC
B)
under section 300 of IPC
C)
under section 302 of IPC
D)
under section 304 of IPC
Culpable homicide is defined in Section 299 IPC.
Legal Service • 2016 • Law Paper-II
‘All cognizable offences are non-bailable’. The statement is
A)
True
B)
False
C)
Partly Correct
D)
None of these
Cognizable offences may be either bailable or non-bailable, so the statement is false.
Legal Service • 2016 • Law Paper-II
If the offence was committed outside the limit of a police station, the officer-in-charge of the police station can transmit the FIR to the police station having such territorial jurisdiction. The statement is
A)
True
B)
False
C)
Partly correct
D)
None of these
An FIR received by a police station outside territorial jurisdiction can be transmitted to the police station having proper jurisdiction.
Legal Service • 2016 • Law Paper-II
A person who is avoiding execution of a warrant may be proclaimed absconder under ____________ of the Code of Criminal Procedure.
A)
Section 81
B)
Section 83
C)
Section 82
D)
Section 84
Section 82 CrPC permits proclamation for a person absconding or concealing himself to avoid execution of a warrant.
Legal Service • 2016 • Law Paper-II
In a cognizable case.
A)
All offences must be cognizable
B)
Most of the offences must be cognizable
C)
One of the offences must be cognizable
D)
None of these
The supplied sentence is incomplete/ill-formed and none of the substantive alternatives states a legal rule, so it should not be guessed.
Legal Service • 2016 • Law Paper-II
The Act is design to fulfill India’s treaty obligation under –
A)
Single Convention on Narcotic Drug, 1961
B)
Convention on Psychotropic substance
C)
United Nations Convention Against illicit Traffic in Narcotic Drug and P.S.
D)
All of these
NDPS Act 1985 was enacted to fulfill obligations under Single Convention 1961, Psychotropic Convention 1971 and UN 1988 Convention.
Legal Service • 2016 • Law Paper-II
Which is true regarding the Special Court constituted by the Act?
A)
A special Court shall consist of a Single Judge
B)
The Judge of a Special Court of the Act shall be appointed by the Government with the concurrence of the Chief Justice of the High Court
C)
A person shall not be qualified for appointment as a Judge of a Special Court unless he is immediately before such appointment, a sessions Judge or additional sessions Judge
D)
All of the above is true
Under NDPS Act, Special Court consists of single Judge appointed by Government with concurrence of Chief Justice of High Court, qualified as Sessions/Addl. Sessions Judge immediately before.
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 a condition for the applicability of section 360 of the Code of Criminal Procedure 1973 and of the probation of offenders Act, 1958
A)
An offender is under eighteen years of age
B)
An offender is under twenty one years of age
C)
Or that the offence is punishable with under Section 26 A, Section 27 of this Act
D)
Condition of (a) and (c) both
Section 33 NDPS Act restricts 360 CrPC and Probation of Offenders Act, allowing them only where offender is under 18 years or offence is under Section 26A or 27 NDPS.
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
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
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
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.
