BIHAR APO MOCK TEST-3

 

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1. Abetment of an offence is

a. Always an offence

b. Never an offence

c. May be an offence depending upon the circumstances but not always

d. May not be an offence depending upon the circumstances of the case

 

2. Telling his wife that P's wife had called him to receive payments due to him K leaves his house. After two days his dismembered body is found in a trunk. In P's trial for murder of K the statement made by K of his wife is:

a. Inadmissible

b. Partly admissible

c. Inadmissible as it does not directly relates to K's death

d. Admissible as it relates to the circumstance of the transactions which resulted in K's death

 

3. How many parts are present in the Constitution of India?

a. XXV parts

b. XXIV parts

c. XXII parts.

d. XXIII parts.

 

4. Section 119 of the BSA provides which of the following?

a. The Court may ask questions to parties.

b. The Court may stop proceedings.

c. The Court may presume existence of certain facts.

d. The Court may call upon extra proof.

 

5. Which Section is based on the maxim 'Nemo debet bis vexari pro una et eadem cause' i.e. a man shall not be twice vexed for one and the same cause?

a. Section 337

b. Section 301

c. Section 302

d. Section 303

 

6. The Indian Constitution is dedicated to: —

a. The Constituent Assembly

b. The Parliament

c. The whole society

d. The people of India

 

7. Assertion (A): The provisions for reviewing the decision of a criminal court are essential for the due protection of life and liberty.

Reason (R): They are based on the notion that Judges and Magistrates are not infallible.

Code:

a. Both A and R are true and R is the correct explanation of A

b. Both A and R are true but R is not the correct explanation of A

c. A is true but R is false

d. A is false but R is true

 

8. Court will presume an abetment of suicide by a married woman, when it is shown that she committed suicide within a period of her marriage:

a. Three years

b. Five years

c. Seven years

d. Ten years

 

9. Which of the following protects personal freedom?

a. Quo-warranto

b. Mandamus

c. Habeas Corpus

d. Certiorari

 

10. The Constitution (97th Amendment) Act, 2011 inserted under Art. 19(1)(c):

a. Associations

b. Unions

c. Organizations

d. Co-operative Societies

 

11. Which one of the following Sections of Bhartiya Nagarik Suraksha Sanhita, 2023 is related to "Interpreter is bound to interpret truthfully"

a. Section 308

b. Section 310

c. Section 315

d. Section 317

 

12. "Nothing in Section 21 of the BSA shall be taken to exempt any advocate from giving evidence of any matter of which he may be compelled to give evidence" is provided by the BSA under

a. Section 130

b. Section 128

c. Section 129

d. Section 132

 

13. The Supreme Court of India in the case of Navjot Singh Sidhu held that

a. a conviction cannot be suspended using Section 430 of Bhartiya Nagarik Suraksha Sanhita, 2023

b. a sentence cannot be suspended using Section 430 of Bhartiya Nagarik Suraksha Sanhita, 2023

c. a conviction can be suspended using Section 430 of Bhartiya Nagarik Suraksha Sanhita, 2023 but the petitioner needs to specifically draw the attention of the court to the consequences that may arise if the conviction is not suspended.

d. only a sentence can be suspended using Section 430 of Bhartiya Nagarik Suraksha Sanhita, 2023 but the petitioner needs to specifically draw the attention of the court to the consequences that may arise if the sentence is not suspended.

 

14. An unlawful compulsory labour is deemed to be a practice of “untouchability” when any person compels other person to do—

a. scavenging

b. removing any carcass

c. sweeping

d. all of the above

 

15. Which of the following is not a ground for the court to order separate trials under Order 2 Rule 6 C.P.C.

a. Delay in the trial

b. Embarrassment of the trial

c. Inconvenience

d. None of the above

 

16. 'Anticipatory bail' implies:

a. that the accused gives an undertaking to the police officer that he will be available for investigation provided he is not arrested

b. the direction by the magistrate to the police officer not to arrest the accused

c. the direction by the Session's court or the High Court to the police officer to release on bail an accused alleged to have committed the non- bailable offence(s) in the event of his arrest on the terms and conditions which the court considers proper in the case

d. the direction by the High Court to the Session's court to release the accused immediately after arrest in a non-bailable offence

 

17. Under Order VI, Rule 17 of C.P.C., an application for amendment of pleadings can be allowed

a. Before the commencement of trial

b. After the commencement of trial

c. Either before or after the commencement of trial

d. None of the above

 

18. A is tried for the murder of B by poison. The fact that before the death of B, A procured poison similar to that which was administered to B is:

a. Not-relevant

b. Relevant

c. Partly relevant

d. Neither relevant nor irrelevant

 

19. A plaintiff

a. cannot unite several causes of action in the same suit

b. can unite several causes of action in the same suit against the same defendant

c. unite only some causes of action in a suit

d. unite only the questions of law in a suit

 

20. Which one of the following sections of the Code of Civil Procedure Code, 1908 embraces the principle of restitutions?

a. Section 134

b. Section 144

c. Section 142

d. Section 151

 

21. Which one of the following cases is related to the defense of insanity?

a. McNaughten Case

b. DPP v. Beard

c. R. v. Dudley and Stephen

d. K.M. Nanavati v. State of Bombay

 

22. The right of private defence of the body:

a. Commences as soon as reasonable apprehension of danger to the body arises from an attempt or threat to commit the offence and it continues as long as such apprehension of the danger to the body continues

b. Commences as soon as reasonable apprehension of danger to the body arises from an attempt or threat to commit the offence and it continues even after that apprehension ceases

c. Commences only when the assault in actually done and continues during the period of assault

d. Commences only when the assault is actually done and continues even after the assailment has left

 

23. India is a Secular State, because-

a. It has no State religion

b. Hinduism is tolerant towards other religion

c. Indian Government has nothing to do with religion

d. Minority rights are guaranteed in the Constitution.

 

24. The experience required to be appointed as Special Public Prosecutor

a. 20 years

b. 10 years

c. 7 years

d. 5 years

 

25. Recovery made by the police under proviso of section 23 of Bhartiya Sakshya Adhiniyam recording the formal arrest of the accused is

a. legal

b. illegal

c. irregular

d. improper

 

26. A instigates B to kill C. B refuses to do so. A is:

a. Guilty of abetment

b. Not guilty of abetment

c. Guilty of abetment because it does not depend upon commission of the act

d. None of the above

 

27. Section 14 and Section 17 of BNS provide the general exception of

a. Mistake of law

b. Mistake of fact

c. Both (a) and (b)

d. None of the above

 

28. Queen Empress v. Abdullah, ILR 7 All 385 is related to which of the following under Section 6 of Bhartiya Sakshya Adhiniyam?

a. Motive

b. Preparation

c. Conduct

d. None of the above

 

29. Which of the following punishment cannot be awarded under Bharatiya Nyaya Sanhita, 2023?

a. Forfeiture of property

b. Rigorous imprisonment

c. Transportation for life

d. Death

 

30. Which one of the following is not a case on 'Dying Declaration'?

a. Rattan Gaud v. State of Bihar

b. Paniben v. State of Gujarat

c. Sita Ram v. State of U.P.

d. Kaushal Rao v. State of Maharashtra

 

31. According to Article 13(3) of the Constitution of India, Law includes: —

a. any ordinance, order, bye-law rule, regulation, notification, custom or usage having in the territory of India the force of law

b. any ordinance, order, bye-law, customs or usages

c. any rules, regulations or notifications in India

d. any law made by delegated authority in the country

 

32. The term res gestae is equivalent to facts mentioned in Section 4 of Bhartiya Sakshya Adhiniyam. It implies:

a. Things done in the course of a transaction

b. Fact in issue and surrounding circumstances

c. Acts talking for themselves

d. All of the above

 

33. If in a criminal appeal an accused dies and his near relatives wish to continue the appeal, then within how much period they must apply?

a. Four months

b. Three months

c. Sixty days

d. Thirty days

 

34. According to the BSA, the burden of proof in a suit or proceeding lies on the person:

a. who instituted the suit or proceeding

b. against whom the suit or proceeding is instituted

c. who would fail if no evidence at all were given on either side

d. whom the court may call upon

 

35. ‘A' is found guilty of attempt to murder in furtherance of common intention. Under which one of the following situations can his offence be proved?

a. ‘A’ procured the weapon of offence voluntarily

b. The weapon of offence was taken away from 'A's house without his knowledge

c. ‘A’ was made to purchase the weapon of offence under the threat to his own life

d. When the weapon was snatched away from ‘A’ he did not report the same to police

 

36. Under Section 62 BNSS, a person can be arrested

a. in case of commission of offence in the presence of a police officer

b. on credible information about commission of an offence punishable with imprisonment for more than seven years

c. on a complaint by a victim, when a police officer has reasons to believe that the concerned person has committed the offence

d. under All these circumstances

 

37. Precept means

a. command

b. order

c. writ

d. all of the above

 

38. In a cognizable offence a police officer—

a. Cannot arrest an accused without warrant

b. May arrest an accused without warrant

c. Can keep the accused in police custody without a remand order

d. Is not required to produce the accused before a Magistrate

 

39. The stipulation that facts which enable the court to determine the amount of damages are relevant is incorporated in Section of Bhartiya sakshaya adhiniyam.

a. 10

b. 9

c. 8

d. 11

 

40. A witness described in detail the articles decorated in the room while giving statement before the court. This is a: —

a. fact

b. opinion

c. document

d. cause

 

41. ‘A’ is accused of waging war against the Government of India by taking part in an armed insurrection in which property is destroyed at 'X', troops are attacked at 'Y and goals are broken open in 'Z'. 'A' was present at 'X' and ‘Y but not at "Z'.

a. Occurrence at X and Y are relevant.

b. Occurrence at X, Y and Z are relevant.

c. Occurrence at X, Y and Z are not relevant.

d. None of the above

 

42. Oral evidence is allowed:—

a. only when it is given in Court

b. even if it is given either in the Court or elsewhere

c. when it is given both in trial and investigation

d. when it is given before a police officer in investigation

 

43. If you want to provide a digital file as evidence without the original device, which section's certificate is mandatory for it to be treated as secondary evidence?

a. Section60

b. Section63

c. Section65

d. Section70

 

44. When the offence is punishable with imprisonment as well as fine, maximum term of imprisonment that can be awarded in default of payment of fine shall not exceed:

a. One-half of the maximum punishment fixed for the offence

b. One-fourth of the maximum punishment fixed for the offence

c. One-eighth of the maximum punishment fixed for the offence

d. One-sixth of the maximum punishment fixed for the offence

 

45. Which of the following statement is correct?

a. Section 3(5), BNS creates a substantive offence.

b. Section 3(5), BNS introduces the principle of vicarious liability for an offence committed by the co¬ accused

c. Section 3(5), BNS recognizes that the co-participant in a crime must be made liable for his act in the commission of the crime by the accused.

d. Both (b) & (c) above

 

46. 'A' surgeon knowing fully well that except a miracle, nothing can save X, who is ailing from a disease. In good faith, if the surgeon operated on X, but as a consequence of that operation X died, then which one of the following would be correct?

a. A is held guilty of murder for knowing well that X will not survive

b. A is guilty of murder because the death is the direct consequence of the operation

c. A is not guilty because he has acted in good faith although knowing fully well that X will die

d. The matter being subjective, no specific decision can be given

 

47. What is true about Court of Session?

a. It can take cognizance without committal

b. It cannot take cognizance without committal

c. It can take cognizance on the recommendation of District Magistrate

d. It can take cognizance if the challan is put up by the Superintendent of Police

 

48. Which one of the following is a ground on which the State can impose reasonable restriction on the right to move freely throughout the territory of India: —

a. Security of the State

b. Decency

c. Morality

d. Protecting the Interests of any Scheduled Tribe

 

49. Basic structure cannot be changed. This principal of law relates to

a. Civil Procedure Code

b. BNSS

c. Constitution of India

d. Indian Contract Act

 

50. Whom of the following can move the court for plea bargaining?

a. The Police Officer

b. The complainant

c. Only the accused

d. Both the accused or the complainant.

 

51. According to Sections 11 and 12 of Bhartiya Nyaya Sanhita, 2023, a convict can be kept in solitary confinement for any portion or portions of imprisonment to which he is sentenced. Which of the following is incorrect?

a. For period not exceeding three months in the whole

b. For period not exceeding three months, if the term of the imprisonment exceeds six months and does not exceed one year

c. For period not exceeding three months if the term of imprisonment exceeds one year

d. The solitary confinement in no case shall exceed 14 days at a time

 

52. Principle: Nothing is an offence if done by a person who, at the time of doing it, by reason of unsoundness of mind is incapable of knowing the nature of the act or what he is doing is wrong or contrary to law. Factual Situation: A, an author of macabre stories, was undergoing treatment for somnambulism. One night, he was given a high dose of sedative as he had become violent. There was a 'Do not disturb' board outside his room. Early morning, while A was still asleep, a nurse went to his room to check his condition. She started to note his pulse and thereafter to measure his BP. While she was fixing the equipment to measure the BP, A, saw the nurse, but in a delirium he thought the nurse to be a vampire going to drink his blood. Suddenly in order to exorcise the ghost, A grabbed the BP apparatus and hit the 'ghost' on the head several times. The nurse collapsed and died subsequently.

a. A is not liable for the murder of the nurse as her action disturbed A's sleep.

b. A is liable for the murder of the nurse as no one is expected to practice exorcism in the modem times.

c. A is liable for causing grievous hurt of the nurse as she did not die immediately.

d. A is not liable for the murder of the nurse as he did not know what he was doing.

 

53. Which Provision of Bhartiya Nyaya Sanhita, 2023 says, "nothing is an offence which is done by accident"?

a. Section 17 of BNS

b. Section 16 of BNS

c. Section 18 of BNS

d. None of the above

 

54. There is a fire in a particular locality. 'A', who sees this fire, pulls down houses of others, in order to prevent the conflagration from spreading and with the purpose of saving human life and property. In this case:

a. 'A' will be guilty of the offence of mischief as he pulls down houses of Others

b. 'A' will not be criminally liable as he wanted to bring benefit to others

c. 'A' will not be liable for any offence as he has done it for preventing other more dangerous harms to persons and their properties

d. ‘A’ will be guilty as he intentionally - caused damage to the property of

 

55. Which Section of BNSS provides that no court shall alter the judgement after it has been signed?

a. Section 401

b. Section 402

c. Section 403

d. Section 404

 

56. Who was the first Indian Governor General of free India?

a. Sri C. Rajagopalachari

b. Lord Mountbatten

c. Dr. Rajendra Prasad

d. None of these

 

57. A person who is not qualified as a medical practitioner, performed an operation with the consent of a patient. The patient died. Which one of the following grounds will be most it appropriate to determine his liability?

a. Volenti non fit injuria is a complete defense

b. He has no intention to kill and has performed the operation in good faith for the benefit of the person

c. He has earlier done similar operations with a success

d. As he is not a medical practitioner and is unskilled the plea of consent „ and good faith will not be available

 

58. Arrest of persons is covered under Chapter…………of Bhartiya Nagarik Suraksha Sanhita, 2023

a. IV

b. V

c. VI

d. III

 

59. Non-cognizable offence means an offence wherein

a. a police officer cannot arrest without warrant

b. a police officer can arrest at his discretion

c. a police officer has authority to arrest without warrant

d. on request of complainant, arrest can be made

 

60. Fundamental Right are contained in which Part of the Constitution of India?

a. Part II

b. Part III

c. Part IV

d. Part V

 

61. The objective of the Article 13 of the Constitution of India is to: —

a. secure paramountcy to the fundamental rights

b. limit the legislative power of the State

c. define the word ‘law’

d. expand the powers of the courts

 

62. Power to search a place is provided under

a. Section 45

b. Section 46

c. Section 44

d. Section 48

 

63. The documents are:

a. caricature

b. words printed, lithographed or photographed

c. a map and an inscription on a stone

d. all the above

 

64. Consider the following:

At the conclusion of the trial, the court may make recommendation for award of compensation under Section 396 of BNSS……………

I. Where it is satisfied that compensation awarded under Section 395 is not adequate.

II. Where the case ends in acquittal or discharge and the victim has to be rehabilitated.

Choose correct answer using the code given below:

a. I only

b. II only

c. both I and II

d. neither I nor II

 

65. The right to ‘equality before the law’ contained in Article 14 of the Constitution of India is available to: —

a. natural persons only

b. legal persons

c. citizens of India

d. all persons whether natural or legal

 

66. A, a school teacher for the purposes of enforcing discipline inflicts moderate punishment upon a student aged about 11 years. In this case

a. A is entitled to claim defense under Section 27 of BNS

b. A is guilty of causing simple hurt.

c. A is guilty of using criminal force.

d. A is entitled to claim defense under Section 26 of BNS

 

67. Mark what is not a 'public document' within the meaning of the expression used in the BSA?

a. The records of Motor Accident Claims Tribunal.

b. The register of private documents maintained in the office of Sub- Registrar under the Registration Act.

c. The record of proceedings of the House of the People maintained in the Lok Sabha Secretariat.

d. Pronote executed by 'A' while taking loan from a money lender.

 

68. Under Civil Procedure Code, 1908 “Foreign Court” means

a. A court situated outside India

b. A court situated outside India and not established under the authority of Government of India

c. A court situated in India, applying foreign law

d. All of the above

 

69. The right of private defence of property extends to causing death of the wrongdoer under certain descriptions. Which One of the following descriptions is not included in those?

a. Robbery

b. House-breaking by night.

c. Lurking house trespass.

d. Mischief by fire on any human dwelling.

 

70. “Autre fois Acquit’ principle is related to: —

a. Retrospective operators

b. Double Jeopardy

c. Ex post Facto Law

d. Self-incrimination

 

71. Under Bhartiya Nyaya Sanhita, 2023, which ingredient is not necessary to constitute an offence of abetment

a. Conspiracy

b. Intentional aid

c. Instigation

d. Act abetted should be committed

 

72. The number of categories of freedoms guaranteed by Article 19 is: —

a. 6

b. 7

c. 8

d. 9

 

73. A, a surgeon, in good faith communicates to a patient, his opinion that he (Patient) cannot live. The patient dies in consequence of the shock. A is guilty of:

a. Murder

b. Causing death by negligence

c. Culpable homicide not amounting to murder

d. No offence

 

74. Which of the following is prohibited without the consent of the President of India according to Article 18?

a. Conferment of title

b. Accepting any title from foreign State

c. Accepting any gift or office of any kind from or under any foreign State

d. All of the above.

 

75. 'A' intentionally causes 'Z's death partly by illegally omitting to give 'Z' food and partly by beating 'Z', ‘A’ is liable for murder by virtue of which one of the following sections of the BNS?

a. Section 3(7)

b. Section 3(8)

c. Section 3(5)

d. Section 3(4)

 

76. On failure to file the written statement, under Order VIII, Rule 10 of C.P.C. the Court

a. May pronounce the judgment at once

b. May order for striking off the defence

c. May pass any other order

d. Either (a) or (b) or (c)

 

77. Match List-I with List-II and select the correct answer by using the codes given below the lists: —

          List-I                               List-II

         (Writ)                      (Matter in dispute)

A. Habeas Corpus         1. Appointment of

                                            a university teacher

B. Mandamus                2. Custody of a child

                                            by parents

C. Quo Warranto           3. Violation of natural

                                            justice

D. Certiorari                   4. Refund of money illegally

                                            collected access by

                                            taxing authority

code

    A B C D

a. 1 3 2 4

b. 2 4 1 3

c. 1 4 2 3

d. 2 3 1 4

 

78. The Chairman of the Constituent Assembly was-

a. Jawaharlal Nehru

b. Jaiprakash Narayan

c. Rajagopalachari

d. Dr. Rajendra Prasad

 

79. The watch of X had been stolen. One day he finds it tied on the wrist of Y. In this context which one of the following statement is correct?

a. X has a right of self-defence

b. X has a right of private defence of property to recover the watch from Y even by use of force.

c. X's right of private defence of property had come to an end

d. X's right of private defence of property revives as soon as he sees his watch in Y's possession

 

80. Where shall the State Government establish a police control room?

a. In every district

b. At State level

c. At Panchayat level

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

 

81. Which one of the following sections of Bhartiya Nagarik Suraksha Sanhita, 2023 provides that the person of a female shall be examined only by or under the supervision of a female registered medical practitioner?

a. Section 51(2)

b. Section 55(2)

c. Section 60(2)

d. Section 54

 

82. Which of the following Sections of Civil Procedure Code defines an Order?

a. Section 2(2)

b. Section 2(9)

c. Section 2(14)

d. Section 2(15)

 

83. Under which Section of BSA the provision as to who could be a witness may found?

a. Section 120

b. Section 124

c. Section 119

d. Section 118

 

84. Which one of the following is ‘State’ under Article 12 of the Indian Constitution for the purpose of enforcement of Fundamental Rights?

a. A partnership firm

b. A company established under the Companies Act

c. A Cooperative Society

d. The life insurance corporation of India

 

85. Where it appears to the court that there exist element of a settlement the court shall

a. decide the matter itself

b. refer the same for arbitration, conciliation or mediation

c. leave the matter undecided

d. none of the above

 

86. Preamble of the Constitution declares India as: —

a. a Socialist democratic Republic

b. a Sovereign Socialist Secular Democratic Republic

c. a Sovereign Democratic Republic

d. a None of the above

 

87. The accused mentioned in F.I.R. wants it to be quashed, he would approach the following one court

a. Only District Court

b. Only High Court

c. Only Supreme Court

d. All Court

 

88. Which one out of 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

 

89. Assertion (A): The court can allow right of private defence even if not pleaded by the accused.

Reason (R): Accused claims it as a matter of right.

Codes:

a. Both A and R are true and R is the correct explanation of A

b. Both A and R are true but R is not a correct explanation of A

c. A is true but R is false

d. A is false but R is true

 

90. 'A' wishes to prove a dying declaration by 'B'. The burden to prove that 'B' is dead is on:

a. the state

b. family members of 'B'

c. legal Heir of 'B'

d. 'A'

 

91. A sues B on a bill of exchange for Rs. 500. B holds a judgment against A for Rs. 1000. The two claims being both definite pecuniary demands may be set off. the illustration is given in:

a. Order VIII, Rule 5 of Code of Civil Procedure

b. Order VIII, Rule 6 of Code of Civil Procedure

c. Order VIII, Rule 7 of Code of Civil Procedure

d. None of these

 

92. Under Proviso of Section 149 of the BSA, in a prosecution for rape in her cross-examination, the prosecutrix—

a. Can be put question as to her general immoral character

b. With the permission of the Court can be put questions as to her general immoral character

c. Cannot be put questions as to her general immoral character

d. Cannot be put question as to her rape

 

93. Which of the following chapters of the BSA deals with 'witnesses'?

a. Chapter VI

b. Chapter VII

c. Chapter VIII

d. Chapter IX

 

94. Statement No. 1: Directive Principles of State Policy are not enforceable by any Court.

Statement No. 2: Directive Principle of State Policy are fundamental in the governance of the country.

a. Both the statements are true

b. Both the statements are false

c. Statements No. 1 is true but Statement No. 2 is false

d. Statement No. 2 is true but Statement No. 1 is false

 

95. The definition of movable property under section 2(21) of Bharatiya Nyaya Sanhita, 2023, excludes………….

a. Land

b. Things attached to the earth

c. Things permanently fastened to anything which is attached to the earth

d. All of the above

 

96. Under which Section of Bhartiya Nyaya Sanhita, 2023 the act of a person of unsound mind is not an offence?

a. Section 20

b. Section 22

c. Section 21

d. Section 23

 

97. What option is available to a Commissioner when a party seeks permission to cross-examine his own witness—

a. He can permit the party to do so

b. He cannot permit the party to do so

c. He may ask the party to first obtain permission from Court under Section 157 of the BSA

d. He can permit the party to do so with the consent of the opposite party.

 

98. Which provision of the Constitution spells out “right to clean environment” as a fundamental right?

a. Article 14

b. Article 19

c. Article 21

d. Article 22

 

99. Which of the following courts can transfer a criminal case, pending in a court of one district, to a court of another district:

a. Court of Sessions of the district where such case is pending

b. Court of Sessions of the district where such case is sought to be transferred

c. High Court of the State

d. None of the above

 

100. The acts of child constituting general exceptions under BNS are mentioned in: —

a. Sections 19-20

b. Sections 20-21

c. Sections 21-22

d. Sections 22-23 

 

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