Bihar APO Mock Test-2

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BIHAR APO MOCK TEST-2

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1. Which one of the following sections of Bharatiya Nyaya Sanhita, 2023, defines the word 'Act'?

a. Section 2(2)

b. Section 2(1)

c. Section 2(23)

d. Section 2(25)

2. Electronic record presented for the inspection of the Court under BSA is:—

a. Electronic evidence

b. Documentary evidence

c. Oral evidence

d. Modem evidence

3. An inscription on a metal plate or stone —

a. Is a fact

b. Is a document

c. Is an opinion

d. Is a motive

4. The maxim 'volenti non fit injuria' has been incorporated in which section of Bhartiya Nyaya Sanhita, 2023?

a. Section 25

b. Section 28

c. Section 30

d. None of the above

5. Mesne profits as defined under section 2(12) Code of Civil Procedure means those profits which the person in wrongful possession of

a. such property actually received or might have received together with interest.

b. property actually received including profits due to, improvements made by such person.

c. such property actually received or might have received but without any interest on such profits.

d. such property actually received.

6. When an accused person is pardoned under Section 343 of Bhartiya Nagarik Suraksha Sanhita, 2023, he

a. becomes a witness for the prosecution.

b. becomes an ordinary witness.

c. should be examined as a witness first in the trial court.

d. becomes a witness for the defence.

7. "A" is charged with travelling on a railway without a ticket, the burden of proving that he had a ticket is on:

a. Prosecution

b. Accused

c. Complainant

d. Prosecution witness

8. When was Magna Carta granted in England?

a. 1832

b. 1911

c. 1949

d. 1215

9. Provision for interest in CPC has been made

a. under Section 32

b. under Section 34

c. under Section 35A

d. under Section 35B

10. Which of the following pairs is correctly matched?

a. Article 31 A-Acquisition of estates

b. Article 31B-Exercise of police power

c. Article 32—Appointment of Chief Justice of India

d. Article 148-Attorney General of India

11. Communication made 'without prejudice' are protected

a. Under Section 20 of Bhartiya Sakshya Adhiniyam

b. Under Section 21 of Bhartiya Sakshya Adhiniyam

c. Under Section 23 of Bhartiya Sakshya Adhiniyam

d. Under Section 22 of Bhartiya Sakshya Adhiniyam

12. Section 5 of Bhartiya Sakshya Adhiniyam does not include which one of the following?

a. Occasion

b. Cause

c. Purpose

d. Effect

13. The offence affecting the socio-economic condition of the country, to which plea bargaining is not applicable, shall be notified by:

a. The State Government

b. The Scheduled Castes/Scheduled Tribes Commission

c. The Human Rights Commission

d. The Central Government

14. A is tried for the murder of B by intentionally shooting him dead. The fact that A, on other occasions shot at B is relevant as it shows

a. Intention to shoot B

b. Motive to shoot B

c. Preparation to shoot B

d. None of the above

15. Any objection of interrogatories may be taken on the ground that it is:

a. Irrelevant

b. Scandalous

c. Not exhibited bona fide

d. All or any those

16. Protective Discrimination is constitutionally valid in view of

a. 15(4) and 16(4)

b. Article 15(4) and 20(2)

c. Article 15 (4) and 21

d. None of the above

17. In the case of Golaknath v. State of Punjab, it was remarked that our “Preamble contains in a nutshell its ideals and inspirations.” Who was the Judge?

a. Justice Mathew

b. Justice Krishna Iyer

c. Justice Subba Rao

d. Justice H. R. Khanna

18. Facts alleged by one party and denied by the other in a case are termed as

a. positive facts

b. negative facts

c. relevant facts

d. facts in issue

19. Estoppel is:

a. rule of evidence

b. used as defense

c. rule of equity

d. all the above

20. Which of the following sections of BNS deals with volenti-non fit-injuria?

a. 25

b. 26

c. 27

d. All of the above

21. Which section of Bharatiya Nyaya Sanhita, 2023, confers extra territorial operation

a. Sections 1(4) and (5)

b. Section 14

c. Section 11

d. Sections 3 & 4

22. “The ‘plaint’ should be filed in duplicate’, this rule was inserted by:

a. Code of Civil Procedure (Amendment) Act, 1976

b. Code of Civil Procedure (Amendment) Act, 2002

c. Code of Civil Procedure (Amendment) Act, 2000

d. None of the above

23. A private person may arrest any person who?

a. Is reported to be a criminal

b. In his presence commits a non- cognizable offence

c. In his presence commits a bailable offence

d. In his presence commits a cognizable and non-bailable offence

24. In which one of the following cases, has the Supreme Court observed that judicial review is a basic structure of the Constitution?

a. S.R. Bommai v. Union of India

b. S.P. Mittal v. Union of India

c. Maneka Gandhi, v. Union of India

d. L. Chandra Kumar v. Union of India

25. Can a witness be excused from answering a question because the answer will "criminate" him?

a. Yes, he can refuse

b. No, but the answer shall not subject him to arrest or prosecution (except for perjury)

c. Only in civil cases

d. Only if the Judge is a woman

26. Foreign judgment as defined under Section 2(6) of CPC means:

a. judgment given by an Indian court in respect of foreigners;

b. judgment given by a foreign court.

c. judgment given by an Indian court

d. none of the above

27. The equality provision viz. Article 14 of the Constitution of India has been influenced by the Constitution of: —

a. U.S.A.

b. Canada

c. Japan

d. Australia

28. B with the intent of temporarily use W's money and later on return it, instructs C, his six years old son, to take away W's purse containing Rs. 20,000 without W's consent. C carried out the instructions. The criminal liability in this case is:

a. C is guilty of theft and B of abetment to commit theft

b. B does not commit any offence but C commits theft

c. Both B and C are not guilty of any offence

d. B is guilty of abetment of theft and C is not guilty of any offence

29. Classification of compoundable and non-compoundable offences has been provided under BNSS in:

a. First Schedule

b. Second Schedule

c. Section 321 BNSS

d. Section 359 BNSS

30. Pursuant to a Constitutional amendment, "cooperative society" finds a place among fundamental rights in-

a. Article 19(1)(a)

b. Article 19(1)(b)

c. Article 19(1)(c)

d. None of the above

31. Which of the following is the correct chronological order of the judgments, relating to Section 482 and delivered in—

1. Salauddin Abdulsamad Shaikh v. State of Maharashtra

2. Siddharam Satllingappa Mhetre v. State of Maharashtra

3. Sunita Devi v. State of Bihar

4. Gurbaksh Singh Sibbia v. State of Punjab

a. 1 2 3 4

b. 4 1 2 3

c. 4 1 3 2

d. 3 1 4 2

32. Which of the following directive principles is a socialistic principle?

a. Equal pay for equal work to all

b. Protection of the health of the workers

c. Prevention of concentration of wealth and the means of production

d. all the above

33. Judges in Court of Session are appointed by:

a. District Judge

b. Law Minister

c. Supreme Court

d. High Court

34. Under Section 345 of BNSS an accomplice, who does not comply with the conditions of pardon, may be prosecuted and tried separately for the offence of giving false evidence, but with the sanction of the:

a. Chief Justice of the High Court

b. High Court

c. Sessions Court

d. State Government

35. The right to cross-examine on an answer to court question is available:

a. To the adverse party only

b. To the party calling the witness only

c. To either of the parties if the answer is adverse to either of the parties

d. Only (a) and not (b)

36. Which Indian artist decorated the hand written copy of the Constitution?

a. Mihir Sen

b. S.N. Banergi

c. Mukesh Bandhopadhyaya

d. Nand Lal Bose

37. Which of the following is correct?

a. A person arrested by police officer without warrant shall be taken before a Magistrate without unnecessary delay.

b. The detention of a person in police custody arrested without warrant, cannot exceed twenty-four hours even by a special order of Magistrate, excluding the time necessary for journey from place of arrest to the Magistrate's court.

c. The police officer shall discharge the person arrested of bailable offence without any bond or bail.

d. All of the above

38. The Indian Constitution has borrowed the ideas of Preamble from the: —

a. Italian Constitution

b. Canadian Constitution

c. French Constitution

d. Constitution of USA

39. Which of the following Articles of the Indian Constitution provides for power of judicial review of legislative functions?

a. Article 13

b. Article 17

c. Article 18

d. Article 245

40. According to the Constitution of India, which of the following are fundamental for the governance of the country?

a. Fundamental Rights

b. Fundamental Duties

c. Directive Principles of State Policy

d. Fundamental Rights and Fundamental Duties

41. Which one of the following is Directive Principle of State Policy?

a. To organize Village Panchayats

b. Right to education

c. Right to property

d. Right to move Supreme Court

42. As per BNS a document whereby ‘any legal right is created, extended, restricted or released, is:

a. Conveyance deed

b. Gift deed

c. Will

d. Valuable security

43. Section 20, BNS is an illustration for

a. Presumption of fact

b. Presumption of law

c. Presumption of fact and presumption of law

d. None of the above

44. The writ of Habeas corpus means: —

a. To produce the body of a person illegally detained before a Court

b. Respect the Human Rights of a person

c. Stop the violation of a right of a man

d. None of the above

45. The case of R v. Dudley and Stephens is known for its use as criminal defense of:

a. Necessity

b. Self defense

c. Good faith

d. Mistake of fact

46. As per Section 126 of the BSA, which of the following has been stipulated that:

a. Wife of a party is not a competent witness in a civil proceeding.

b. Husband of a party is not a competent witness in a civil proceeding.

c. Wife of an accused is not a competent witness in a criminal proceeding.

d. None of the above

47. Which one of the following pairs is correctly matched?

a. Counterfeit Section 2(4)

b. Valuable security Section 2(8)

c. Document Section 2(31)

d. Omission Section 2(34)

48. The maximum term of imprisonment that can be awarded in default of payment of fine, in case of offence punishable with fine Only, when the (person is sentence to a fine of rupees hundred:

a. 6 months

b. 4 months

c. 1 month

d. 2 months

49. Which one of the following is the correct statement?

Double Jeopardy means: —

a. Trying two persons jointly for the same offence.

b. Trying the same person for two offences at two different times

c. Putting the same person on trial twice for the same offence

d. Trying a person for two offences committed by him in one incident.

50. Who was the temporary Chairman of the Constituent Assembly of India?

a. Dr. Rajendra Prasad

b. Acharya J.B. Kripalani

c. Dr. Sachchidanand Sinha

d. Dr. B.R. Ambedkar

51. The presumption under Section 35 of the BSA is

a. a presumption of fact

b. a rebuttable presumption of law

c. an irrebuttable presumption of law

d. a presumption of law and fact

52. Which one of the following pairs is not correctly matched?

a. Keso Shau v. Saligram — Section 17 BNS

b. Sita Ram v. State of Rajasthan — Section 18 BNS

c. Southwark London Borough Council v. Williams — Section 19 BNS

d. Bablu v. State of Rajasthan — Section 27 BNS

53. Select the right option based on following Assertion-Reason:

Assertion (A): The evidence of an accomplice requires to be accepted with a great degree of caution and scrutiny.

Reason (R): He hopes for pardon or has secured it and so favours the prosecution.

a. Both (A) and (R) are individually true and (R) is correct explanation of (A)

b. Both (A) and (R) are individually true, but (R) is not the correct explanation (A)

c. (A) is true but (R) is false

d. (A) is false but (R) is true

54. A instigates B to kill C by means of a letter sent through post. The abetment by instigation is complete

a. As soon as the letter reaches the addressee

b. As soon as the abettor -posts the letter to the addressee

c. As soon as the contents of the letter are known to the addressee

d. Even if the letter was sent at a wrong address

55. Which of the following qualities to be treated as "Fact" within the meaning assigned to it under Bhartiya Sakshya Adhiniyam?

a. That a man heard or saw something

b. That a man holds a certain opinion

c. That a man acts in good faith

d. All of these

56. 'A' is tried for the murder of 'B'. He takes the plea of self-defence but the evidence adduced by him is not sufficient to put his case under this exception, although it is enough to create doubt whether the charge against him has been positively proved. In this case

a. 'A' is guilty of murder because he has not discharged his burden of proof

b. ‘A! is guilty of culpable homicide not amounting to murder because his case falls under exceptions to section 39, BNS

c. 'A' has committed no offence because self-defence is a recognized ground of exemption from criminal liability

d. 'A' is entitled to acquittal as the prosecution has failed to prove his guilt beyond reasonable doubt.

57. Attachment of the property of the person absconding, can be:

a. issued after publication of the proclamation

b. issued before publication of the proclamation

c. issued simultaneously with the issue of proclamation

d. all of the above

58. In which one of the following circumstances, the right of private defence of the body extends to causing death?

a. Reasonable apprehension to cause simple hurt

b. Reasonable apprehension to cause simple theft

c. Reasonable apprehension of causing wrongful restraint

d. An act of throwing or administering acid or of such an attempt that reasonably causes apprehension of grievous hurt

59. When may an accomplice be tendered pardon under Section 343 of Bhartiya Nagarik Suraksha Sanhita, 2023?

a. Only at the stage of investigation

b. Only at the stage of enquiry

c. Only at the stage of trial

d. At any stage of enquiry or investigation or the trial

60. Under Civil Procedure Code, 1908 “every suit shall be instituted by presenting a plaint in duplicate to the court or such officer as it appoints in this behalf.” This is provided under

a. Section 26

b. Section 20

c. Order 3 Rule 1

d. Order 4 Rule 1

61. De minimus non curat lex means:

a. Nothing is an offence done by a child under 7 years of age

b. Trifling acts do not constitute an offence

c. Every person is liable for his own "n'' acts

d. Necessity knows no law

62. If an offender is sentenced to an imprisonment for a term exceeding one year, the term of solitary confinement shall not exceed

a. One month

b. Two months

c. Three months

d. No limit

63. Select the right option based on following Assertion-Reason:

Assertion (A): The principal of equality before law means that there should be equality of treatment under equal circumstances.

Reason (R): All persons are not equal by nature, attainment or circumstances.

Code:

a. Both (A) and (R) are individually true and (R) is a correct explanation of (A)

b. Both (A) and (R) are individually true, but (R) is not the correct explanation (A)

c. (A) is true but (R) is false

d. (A) is false but (R) is true

64. An order of discharge: -

a. Is not a judgement

b. Is not a defence against fresh proceedings without fresh facts and better evidence

c. Take place after formal framing of charges

d. establishes innocence of accused

65. In which of the following case, majority judgement of the Supreme Court held that Aadhar not only gave them a unique identity but also a life dignity?

a. Justice K S. Puttaswamy (Retd.) v. Union of India.

b. B. L. Kapoor v. State of Karnataka

c. Joseph v. Union of India

d. None of the above

66. One of the following is not a public Servant:

a. Liquidator

b. A Civil Judge

c. Member of a Panchayat assisting a court of justice

d. Secretary of a Co-operative society

67. Which Article of the Constitution provides for reservation in promotion for Scheduled Caste and Scheduled Tribes: —

a. Article 15(4)

b. Article 16(4)

c. Article 16(4A)

d. Article 16(4B)

68. According to Dicey, the meaning of the rule of law may be discussed under which of the following heads?

a. Equality after law

b. Equality of fixed rules of law

c. Equality under law

d. Equality before law

69. A person shall be eligible to be appointed as an Additional Public Prosecutor only if he has been in practice as an advocate for not less than—

a. Five years

b. Six years

c. Seven years

d. Three years

70. Testimony of an accomplice before it is accepted and acted upon:

a. Must be corroborated from the testimony of another accomplice

b. Must be corroborated from an independent source

c. Need not be corroborated at all

d. Either (a) or (c)

71. Which Section of Bhartiya Nagarik Suraksha Sanhita, 2023 provides a protection to the members of Armed Forces from arrest?

a. Section 41

b. Section 42

c. Section 46

d. Section 50

72. Which one of the following set of Sections of BNS provides for the right of private defence?

a. Sections 45 to 59

b. Sections 55 to 60

c. Sections 14 to 43

d. Sections 34 to 44

73. Every warrant of arrest shall remain in force until:

a. It is executed

b. Cancelled by court which issued it

c. It expires on its own

d. Only (a) and (b) are correct

74. 'A' is tried for a riot and is proved to have marched as the head of a mob. The effects of the mob are relevant as

a. They are related to things said or done by the conspirators in reference to the common design

b. Explanation of the nature of the transaction

c. Explanatory of motive or preparation'

d. Explanatory of occasion, cause or effects or facts

75. Which one of the following is the correct sequence of protection in respect of conviction for offences: —

a. Ex post facto laws - double jeopardy - self incrimination

b. Double jeopardy - ex post facto penal laws - self incrimination

c. Self-incrimination - double jeopardy - ex post factor penal laws

d. Ex post facto laws - self-incrimination - double jeopardy

76. The term “Award and Decree” is used to denote

a. the order of Commissioner of Income Tax

b. the order of Collector passed while recovering the revenue

c. order of Civil Court, Arbitrator, Industrial Court, Cooperative Court etc.

d. final order of Supreme Court

77. In which one of the following cases the Supreme Court has declared Article 15(5) as Constitutional?

a. Indra Sawhney v. Union of India

b. Ashok Kumar Thakur v. Union of India

c. State of Madras v. Champakai Dorairajan

d. T.MA. Pai Foundations v. State of Karnataka

78. Under Article 3 of Constitution the Parliament may by law form a new state. No Bill for the pur¬pose shall be introduced in Parliament except on recommendation of-

a. Prime Minister

b. President

c. Speaker

d. Any Member of Parliament

79. 'A' instigates 'B' to give false evidence. Here, if 'B' does not give false evidence, what offence 'A' has committed?

a. 'A' is guilty of no offence

b. Attempt to give false evidence

c. Offence punishable with imprisonment of any description provided for that offence for a term which may extend to one-eighth part of the longest term provided for that offence and with fine

d. None of the above

80. Section 152 of the CPC empowers the Court to amend judgement, decrees, or orders in respect of

a. Clerical or arithmetical mistakes only

b. Accidental slips or omissions only

c. (a) and (b) both

d. None of the above

81. A person acts dishonestly when he does anything:

a. With mens rea

b. With wrong motive

c. With intention to cause wrongful gain to one person or wrongful loss to another

d. With intent to defraud

82. A has been convicted by a magistrate of the first class and was sentenced with imprisonment for a term of one month. Can A appeal?

a. No, A cannot appeal

b. A can appeal to the Sessions Court

c. A can appeal to the Chief Judicial Magistrate

d. A can appeal to the High Court

83. For a defense of intoxication, to escape criminal liability, the intoxication

a. Can be self-administered

b. Administered against his will or knowledge

c. Should not be self-administered

d. None of the above

84. Match List-I with List-II and select the correct answer using the code given below the Lists:

List-I List-II

A. Confession 1. Aghnoo Nagesia v.

caused by State promise

inducement, threat

B. Confession to a 2. State of Punjab v.

customs officer Barkatram

C. Confession in 3. Pyarelal Bhargava v.

the FIR State of Rajasthan

given by the accused

D. Discovery of a fact 4. State of Bombay v.

pursuant to a Kathi Kalu

statement in

police Oghad custody

Code

A B C D

a. 1 4 2 3

b. 2 3 1 4

c. 2 1 3 4

d. 3 2 1 4

85. The appeal against an order of acquittal passed by the Court of Judicial Magistrate first class shall lie to:

a. The court of Chief Judicial Magistrate

b. The Court of Session

c. The High Court

d. The Supreme Court

86. The Doctrine of Holding out is an application of the principle of:

a. Agency

b. Estoppel

c. Vicarious liability

d. Privity of contract

87. Who can commute the sentence of imprisonment for life under the BNSS?

a. The appropriate Government

b. The President of India

c. The Governor of the State

d. The Central Government

88. Section 12 of Bhartiya Sakshya Adhiniyam makes relevant the facts which show the existence of:

a. any state of body or bodily feeling

b. any state of mind

c. either state of mind or of body or bodily feeling

d. a particular state of mind and a state of body

89. The "appropriate government" may commute the sentence of death of an accused person to any other sentence

a. Without the consent of the accused

b. With the consent of relatives of accused

c. With the consent of advocate of the accused

d. Without the consent of defendant

90. Hearing on sentence by a Magistrate is required, on conviction

a. in a summons trial case under Section 278(2) of BNSS

b. in a warrant trial case under Section 271(2) of BNSS

c. both (a) & (b)

d. neither (a) nor (b)

91. Inter-pleader suit is a suit:

a. Between two advocates

b. Between Union Government Pleader and State Government Pleader

c. Instituted by a person who has no interest in the subject matter

d. Instituted by a person who has interest in the subject matter

92. Evidence by a dumb witness in sign language must be given:

a. In open court

b. In chambers of the Judge

c. At the residence of the witness

d. In open court and video graphed

93. The defence of 'consent' applies to:

a. Private wrongs

b. Public wrongs

c. Both (a) and (b)

d. Neither (a) nor (b)

94. Match List-I with List-II and give the correct answer by using the codes:

List-I List-II

(Definitions) (Sections of BNSS.)

a. Complaint (i) Section 2(y)

b. Investigation (ii) Section 2(l)

c. Inquiry (iii) Section 2(h)

d. Victim (iv) Section 2(k)

Codes:

(a) (b) (c) (d)

a. (iii) (ii) (iv) (i)

b. (ii) (iii) (iv) (i)

c. (iv) (i) (ii) (iii)

d. (i) (ii) (iii) (iv)

95. Under Bhartiya Nyaya Sanhita, 2023, if the offence is punishable with fine only and accused has been awarded with five thousand rupees fine the period of imprisonment in default shall

a. Not exceeding one month

b. Not exceeding two month

c. Not exceeding three month

d. Not exceeding four month

96. Which of the following statements is correct?

a. No suit, not involving urgent or immediate relief, may be instituted against the Central Government except after serving a notice of two months.

b. A decree against the Union of India may not be executed unless it remains unsatisfied for a period of three months.

c. Both (a) and (b) are correct.

d. Both (a) and (b) are incorrect.

97. In case of plea Bargaining by the parties;

a. No judgement may be delivered by the court

b. Judgement may be delivered in private to the parties

c. Judgement shall be delivered in the open court

d. The bargain struck by the parties is to operate as the Judgement

98. "The burden of proof in a suit or proceeding lies on that person who would fail if no evidence at all were given on either side." This provision is contained in which Section of the BSA?

a. Section-104

b. Section-114

c. Section-105

d. Section-105

99. Mark the incorrect statement:

a. Evidence is always allowed of facts which are necessary to introduce the main fact or some relevant fact

b. Evidence can be given of facts which support or rebut an inference suggested by a fact in issue or relevant fact

c. Facts which contradict the inference of guilt will also be relevant

d. Circumstances of the situation are not relevant to prove an identity

100. Read the following:

a. The maxim "Actus me invito factus non est mens actus" finds application in Section 32 BNS.

b. The maxim "de minimis non curat lex" has been incorporated in Section 33 of BNS