Legal Service • 2016 • Law Paper-III
Under the Information TechnologyAct, 2000, whoever, makes any misrepresentation to, or suppresses any material fact from, the Controller or the Certifying Authority for obtaining any licence or Digital Signature Certificate, as the case may be-
A)
shall be punished with imprisonment for a term which may extend to two years, or with fine which may extend to one lakh rupees, or with both.
B)
shall be punished with imprisonment for a term which may extend to three years, or with fine which may extend to one lakh rupees, or with both.
C)
shall be punished with imprisonment for a term which may extend to five years, or with fine which may extend to one lakh rupees, or with both.
D)
None of these
The cited IT Act offence carried imprisonment up to two years, or fine up to one lakh rupees, or both.
Legal Service • 2016 • Law Paper-III
Any person aggrieved by any decision or order of the Cyber Appellate Tribunal may file an appeal:
A)
To the High Court within thirty days from the date of communication of the decision or order of the Cyber Appellate Tribunal
B)
To the High Court within forty days from the date of communication of the decision or order of the Cyber Appellate Tribunal
C)
To Supreme Court within one year from the date of communication of the decision or order of the Cyber Appellate Tribunal
D)
None of these
An appeal from the Cyber Appellate Tribunal lay to the High Court within 30 days, subject to the statutory extension provision.
Legal Service • 2016 • Law Paper-III
Which of the following sections of the Indian Evidence Act deals with conclusive proof?
A)
Section 41
B)
Section 112
C)
Section 113
D)
All of these
Sections 41, 112, 113 Evidence Act are illustrations where law declares proof as conclusive.
Legal Service • 2016 • Law Paper-III
Acknowledgement after the period of limitation:
A)
is of no effect
B)
Gives rise to an independent and enforceable contract
C)
Both (a) & (b)
D)
None of these
Acknowledgement under Section 18 must be before expiry of limitation; acknowledgement after expiry is of no effect to revive limitation.
Legal Service • 2016 • Law Paper-III
If it is proved that sexual intercourse has been committed against a woman and she says her consent was absent. Then the court shall presume that her consent was absent . The burden of proof in this case shall lie on the accused to prove that her consent was present. This provision was laid down in:
A)
Section 13 A
B)
Section 114 A
C)
Section 115
D)
None of these
Section 114A creates the specified presumption regarding absence of consent in sexual-offence cases.
Legal Service • 2016 • Law Paper-III
Spoofing means :
A)
Capable of sending data by attacker with the illusion that it is coming from a different source.
B)
Changing the password on a regular basis
C)
Using a combination of upper and lower-case characters, a number, and a special character in the password
D)
None of these
Spoofing is forging data to appear as coming from trusted source, e.g., IP or email spoofing.
Legal Service • 2016 • Law Paper-III
To protect e-mail, which of the following activity/activities is/are necessary?
A)
Do not open untrusted/unknown emails (spam)
B)
Do not keep your computer unattended to avoid misuse
C)
Always lock/shutdown the computer when not in use
D)
All of these
Email security requires not opening spam, not leaving system unattended, and locking/shutting down when not in use.
Legal Service • 2016 • Law Paper-III
Who can issue the digital signature certificate?
A)
Controller
B)
Certifying Authority
C)
both of the above
D)
none of these
A Certifying Authority issues Digital Signature Certificates; the Controller regulates and supervises CAs.
Legal Service • 2016 • Law Paper-III
Gaining of unauthorized access to data stored in a computer system is called
A)
Defacement
B)
Phising
C)
Hacking
D)
None of these
Unauthorized access to computer system/data is defined as hacking.
Legal Service • 2016 • Law Paper-III
Relevancy of character has been provided from_________of the Indian Evidence Act.
A)
Section 51-54
B)
Section 52-55
C)
Section 53-56
D)
None of these
Character relevance is principally covered by Sections 52–55 of the Evidence Act.
Legal Service • 2016 • Law Paper-III
The case Badri Rai vs Stateof Bihar is related with_________of the Indian Evidence Act
A)
Relevancy of Confession
B)
Relevancy of Conspiracy
C)
Relevancy of dying declaration
D)
Relevancy of Character
Badri Rai v. State of Bihar is associated with the evidentiary treatment/relevancy of confessions.
Legal Service • 2016 • Law Paper-III
The examination of a witness by the Adverse Party shall be called:
A)
Examination-in-Chief
B)
Cross-Examination
C)
Re-Examination
D)
None of these
Examination by the adverse party is cross-examination.
Legal Service • 2016 • Law Paper-III
The Information Technology Act, 2000, is based on is based on:
A)
The UNCITRAL Model
B)
UNDP Model
C)
Both (a) & (b)
D)
None of these
The Information Technology Act is based substantially on the UNCITRAL Model Law on Electronic Commerce.
Legal Service • 2016 • Law Paper-III
In which of the following cases, it was held that Section 27 of the Indian Evidence Act, 1872 is an exception to Sections-24, 25 and 26?
A)
Pakala Narain Swamy vs. King Emperor
B)
Inayatullah vs. State of Maharashtra
C)
State of U.P. vs. Deoman Upadhyaya
D)
P. Kottayya vs. King Emperor
State of U.P. v. Deoman Upadhyaya recognized Section 27 as an exception to Sections 24–26.
Legal Service • 2016 • Law Paper-III
Word ‘fact’ as used in the Indian Evidence Act, 1872 includes:
A)
only psychological fact
B)
only Physical fact
C)
Both (a) & (b)
D)
None of these
A 'fact' includes both physical facts and mental/psychological conditions under the Evidence Act.
Legal Service • 2016 • Law Paper-III
Law of Evidence is-
A)
lex loci
B)
lex fori
C)
lex situs
D)
none of these
Law of evidence is lex fori: the law of the forum/court governs evidentiary procedure.
Legal Service • 2016 • Law Paper-III
Provision of leading question is mentioned under _____of the Indian Evidence Act.
A)
141 to 143
B)
135to137
C)
142 to 144
D)
None of these
Leading questions are dealt with in Sections 141–143 of the Evidence Act.
Legal Service • 2016 • Law Paper-III
Limitation Act, 1983 does not apply to:
A)
Suit
B)
Appeal
C)
Certain applications including petition
D)
Writ petition
Limitation Act, 1963 governs suits, appeals and applications; writ petitions under Article 226/32 are not governed by it and are subject to laches.
Legal Service • 2016 • Law Paper-III
The first Presiding Officer of the Cyber Appellate Tribunal was:
A)
Justice R.C. Jain
B)
Justice S.K. Krishnan
C)
Justice Karthik
D)
Justice Sadhna
Justice R.C. Jain was the first Presiding Officer of the Cyber Appellate Tribunal.
Legal Service • 2016 • Law Paper-III
The United nations Commission on International Trade Law (UNCITRAL) adopted the Model Law on Electronic Signatures in
A)
1999
B)
2000
C)
2001
D)
2002
UNCITRAL adopted its Model Law on Electronic Signatures in 2001.
Legal Service • 2016 • Law Paper-III
The period of limitation for setting aside a sale on execution of decree is :
A)
120 days
B)
90 days
C)
60 dyas
D)
30 days
Article 127 Limitation Act prescribes 60 days limitation for setting aside sale in execution of decree from date of sale.
Legal Service • 2016 • Law Paper-III
The period of limitation for filing a revision is
A)
180 days
B)
90 days
C)
60 days
D)
30 days
Article 131 Limitation Act provides 90 days for revision under CPC or CrPC from date of decree/order.
Legal Service • 2016 • Law Paper-III
Provision of legal disability has been mentioned under______of the Limitation Act, 1963.
A)
Section 5
B)
Section 6
C)
Section 7
D)
Section 8
Section 6 Limitation Act provides for legal disability – minor, insane, idiot – giving extended limitation until disability ceases.
Legal Service • 2016 • Law Paper-III
Limitation Act is:
A)
prospective in operation
B)
retrospective in operation
C)
prospective as well as retrospective in operation, depending on the facts and circumstances of each case
D)
prospective as well as retrospective in operation, as per the discretion of the court
Limitation Act is generally procedural but operates both prospectively and retrospectively depending on facts and accrued rights.
Legal Service • 2016 • Law Paper-III
Which Section of Information Technology Act, 2000, grants powers to the Central Government to issue directions for blocking of public access to any information through any computer resource?
A)
Section 69
B)
Section 69A
C)
Section 70
D)
None of these
Section 69A IT Act empowers Central Govt to direct blocking of public access to information for sovereignty etc.
