Download Bihar APO Mock Test 9 PDF

 

1. 'X' sees 'Z' committing what appears to 'X' to be a murder. 'X', in exercise, to the best of his judgement, exerted in good faith, of the powers, which the law gives to all persons of apprehending murderers in the act, seizes 'Z', in order to bring 'Z' before proper authorities. But it turns out that 'Z' was acting in exercise of his right of self defence. 'X' is guilty of:

a. No offence

b. Wrongful restraint

c. Wrongful confinement

d. Assault

 

2. What is not true?

a. Witness may be cross-examined as to previous statement in writing

b. Leading question may be asked in cross-examination

c. Person called to produce document can be cross-examined

d. Party calling the witness may cross- examine him with the permission of Court

 

3. The term "character" as explained in Section 50 of the BSA means

a. Good and bad character

b. Reputation and disposition of general nature

c. Reputation formed on the basis of particular disposition

d. Character in a criminal act

 

4. Any Public Prosecutor or Assistant Public Prosecutor in charge of a case may before the judgement is pronounced, withdraw from the prosecution of any person. For this he has to take consent of:

a. Central Government

b. State Government

c. Court

d. All of the three

 

5. The maxim "Ignorantia facit excusat" relates to

a. Section 13 of Bhartiya Nyaya Sanhita, 2023

b. Section 14 of Bhartiya Nyaya Sanhita, 2023

c. Section 15 of Bhartiya Nyaya Sanhita, 2023

d. None of the above

 

6. Under which of the following situations would the Indian Courts have jurisdiction?

1. Crime committed by an Indian in a foreign country

2. Crime committed by a foreigner in India

3. Crime committed by a person on a Indian ship

Select the correct answer using the codes given below;

a. 1 and 2

b. 1 and 3

c. 2 alone

d. 1, 2 and 3

 

7. In which section of BSA special provision is mentioned regarding evidence relating the electronic record:

a. Under Section 54

b. Under Section 58

c. Under Section 62

d. Under Section 66

 

8. X, an officer of a court of justice, being ordered by that court to arrest A, and after making due enquiry, believing B to be A, arrests B, What is the criminal liability of under the law?

a. Liable for the offence of wrongful confinement of B

b. Not liable for any offence as he acted in good faith under mistake of fact, which is, a defence under Section 14 of the BNS

c. Not entitled to the benefit of mistake of fact as he has not acted in good faith

d. Liable, because his act is a mistake of law and not mistake of fact

 

9. Oral account of the contents of a document is admissible

a. when give by a person who has seen & read the document

b. when given by a person who has seen but not read the document

c. when given by a person to whom the document was read over

d. is not admissible in either of the above cases

 

10. Court-question under Section 168 of BSA can be put to

a. any witness

b. any party

c. both (a) & (b)

d. neither (a) nor (b)

 

11. Preamble is the part of Constitution: —

a. Yes

b. No

c. Maybe

d. May not be

 

12. Backwardness under Article 15(4): —

a. must be social and educational

b. must be social and not necessarily to be educational

c. must be economic as well as social

d. none of the above is correct

 

13. Under section 2(17) of BNS, life denotes

a. Life of a human being

b. Life of an animal

c. Life of human being and of a animal both

d. Life of either human being or animal.

 

14. 'A' was acquitted of the charge for voluntarily causing grievous hurt by throwing acid on 'X', as the victim did not support the police version about involvement of 'A' in the incident, though grievous hurt by acid was proved. 'X' seeks compensation from the Trial Court. The Trial Court may

a. dismiss the claim because the accused was acquitted.

b. dismiss the claim because the victim turned hostile during trial.

c. consider making recommendation to the State Legal Services Authority for compensation to victim.

d. direct the accused to pay compensation to the victim on humanitarian grounds.

 

15. Which of the following is not a 'Public Document' within the meaning of BSA?

a. Decree passed in a civil suit

b. Caste certificate issued by the competent authority

c. Judgment of High Court

d. Injury certificate issued by a Medical Practitioner

 

16. 'Electronic Record' under BNS is defined in:

a. Section 29

b. Section 2(8)

c. Section 2(5)

d. Section 2(7)

 

17. Under which section of BNSS Session Court exercises power of appeal from convictions?

a. Sections 410

b. Sections 413

c. Sections 415

d. Sections 440

 

18. Under Bhartiya Nyaya Sanhita, 2023, abetment is constituted:

a. By instigating a person to commit an offence

b. By engaging in a conspiracy to commit an offence

c. By intentionally aiding a person to commit an offence

d. All of the above

 

19. The offence committed under which section of BNS is not compoundable under section 359 of BNSS?

a. Section 130

b. Section 132

c. Section 135

d. Section 140

 

20. The expression, “Each party shall bear his own costs” implies that

a. both the parties are entitled to cost from each other

b. both the parties are not to be deprived of costs

c. both the parties are to be deprived of costs

d. both the parties are not entitled to cost from each other

 

21. In which of the following cases, a Constitutional Bench of the Supreme Court of India has held that “whenever a person complains and claims that there is a violation of any provision of law or a Constitutional provision, it does not automatically involve breach of fundamental right for the en¬forcement of which alone Article 32 of the Constitution is attracted”:—

a. Ramdas Athwale v. Union of India

b. Mulchand v. State of M.P.

c. K.P. Choudhary v. State of M.P.

d. State of Kerala v. KM. Cheria Abdulla

 

22. Consider the following statements:

1. 'A' willfully by a misrepresentation misled a police officer to arrest 'B' instead of 'C'

2. 'A' instigates 'B' to murder 'C', 'B' refuses to do so

3. 'A' instigates 'B' to murder 'D', 'B' stabs 'D'. 'D' survives from wound

Which of the above constitute the offence of abetment?

a. (1), (2) and (3)

b. (1) and (3) only

c. (2) and (3) only

d. (1) and (2) only

 

23. Consider the following statements:

To justify as a defence to a charge of crime:

1. irresistible impulse per se is no defence to a charge of crime.

2. diminished responsibility is a defence to a charge of a crime.

Which Of the statements given above is/are correct?

a. 1 only

b. 2 only

c. Both 1 and 2

d. Neither 1 nor 2

 

24. Which of the following persons are entitled under Section 339 BNSS to conduct the prosecution of the case without the permission of the Magistrate:

a. Public Prosecutor

b. Government Advocate

c. Assistant Public Prosecutor

d. All the above

 

25. Reservation of seats in educational Institutions in favour of Scheduled Castes and Scheduled Tribes is governed by

a. Article 15(5) of the Constitution

b. Article 16(4) of the Constitution

c. Article 29(2) of the Constitution

d. Article 14 of the Constitution

 

26. Which one of the following statements is correct?

Under Section 28 of Bhartiya Nyaya Sanhita, 2023 consent is said to be a free consent when

a. Given by a child above 12 years of age

b. Given by a person under fear of injury

c. Given by a person of unsound mind

d. Given under misconception of fact

 

27. The term 'offence' as defined in BNS means:

a. Any Act made punishable by the BNS

b. Any Act made punishable by the BNS or any special or local law in certain cases

c. Both (a) and (b)

d. None of these

 

28. For how long, in a whole, a convicted person for a crime be kept in solitary confinement?

a. 6 months

b. Three months

c. Two months

d. One month

 

29. Who among the following is not a public servant?

a. Chief Minister of a State

b. Chairman of the Central Board of Film Censors

c. Surveyor of an Insurance Company

d. Employee of a 'Nationalized Bank'

 

30. Every State Government…………..the Central Government shall prepare a scheme for providing funds for the purpose of compensation to the victims:

a. in collaboration with

b. in coordination with

c. in consultation with

d. None of above

 

31. Admission by agents are:

a. Admissible in civil proceedings only if the agent has the authority to make admissions

b. Admissible in civil proceedings under all circumstances

c. Never admissible in criminal proceedings

d. Both (a) and (c)

 

32. Inherent powers may be used by the Court for

a. meet ends of justice

b. to prevent abuse of the process of the court

c. both (a) and (b) above

d. None of the above

 

33. Article 14 does not encompass: —

a. Equality before law

b. Equal protection of laws

c. Protection against arbitrary action

d. Protection of life and liberty

 

34. Where decree is for the partition of an undivided estate assessed to the payment of revenue to the government, the partition of the estate, in accordance with the law for the time being in force, shall be made by—

a. The Naib Tahsildar

b. The Nazir

c. The Collector

d. The Commissioner appointed by the court

 

35. In which of the following Sections there is a provision for Directorate of Prosecution?

a. Section 20 BNSS

b. Section 21 BNSS

c. Section 22 BNSS

d. None of the above

 

36. Which one of the following Acts made the Central Legislature bicameral i.e. the Council of States and the Legislative Assembly-

a. Indian Councils Act, 1909

b. Indian Councils Act, 1919

c. Government of India Act, 1909

d. Government of India Act, 1919

 

37. Which of the following cases upheld ‘secularism’ as a basic feature of the Indian Constitution even before the word ‘secular’ was inserted in the Preamble?

a. Indira Gandhi v. Raj Narain

b. Kesavananda Bharati v. State of Kerala

c. Waman Rao v. Union of India

d. Samatha v. State of A.R

 

38. Under BSA "Motive" becomes more relevant in a case based on

a. Direct evidence

b. Circumstantial evidence

c. Documentary evidence

d. Without any evidence

 

39. Which of the following is not necessary to constitute abetment by conspiracy?

a. A conspiracy between two or more persons

b. An act or illegal omission must take place in pursuance of that conspiracy

c. Such an act or illegal omission must also take place in order to do the thing conspired

d. The abettor should concert the offence with the person who commits it

 

40. Which of the following is not a 'fact';

a. Mental condition

b. Relation of things

c. State of things

d. None of the above

 

41. The writ of Certiorari can be issued against: —

a. A person exercising purely administrative powers

b. Against a Minister

c. Against any Quasi-Judicial or Judicial authority

d. None of the above

 

42. Which one of the following statements is not true? According to Section 3 of Bhartiya Sakshya Adhiniyam, evidence may be given in any suit or proceedings of the

a. existence of every fact in issue

b. non-existence of every fact in issue

c. those facts declared relevant under the various provisions of Bhartiya Sakshya Adhiniyam

d. those facts which the parties think are relevant

 

43. Which one of the following is not a valuable security?

a. A postal receipt for an insured

b. A rent note

c. A promissory note

d. A deed of divorce

 

44. A necessary party is one in whose

a. absence no order can be made effectively

b. absence an order can be made but whose presence is necessary for the complete decision of the case

c. only (b) is correct

d. none of above

 

45. Where a bill of exchange is drawn in a set of five, how many of them need to be proved?

a. Five

b. Three

c. One

d. Two

 

46. When the Magistrate may, in his discretion, discharge the accused?

a. At any time before the charge has been framed and the complainant is absent on any day fixed for the hearing of the case

b. Offence is lawfully compounded or is not a cognizable offence

c. Both at any time before the charge has been framed and the complainant is absent on any day fixed for the hearing of the case and offence is lawfully compounded or is not a cognizable offence

d. At any time after the charge has been framed with respect to cognizable and compoundable offence.

 

47. Under Bhartiya Sakshya Adhiniyam, the relevant fact-

a. must be logically relevant

b. must be legally relevant

c. must be legally and logically relevant

d. must be legally and logically relevant and admissible

 

48. A writ of mandamus can be issued: —

a. only against subordinate courts

b. against any person or authority

c. only against tribunals

d. only against the executive bodies.

 

49. Which of the following determines the federal character of the Indian Constitution?

a. Written Constitution

b. Independent judiciary

c. Distribution of Power between the Centre and the State

d. Judicial Review

 

50. Which one of the following sections of BSA contains provisions regarding cross-examination of witnesses to character?

a. Section 145

b. Section 141

c. Section 142

d. Section 139

 

51. Which of the following statements is incorrect?

a. The Preamble is a key to the understanding of the mind of founding fathers

b. The Preamble embodies the ideals, hopes, faith and aspiration of the people.

c. The Preamble embodies the intentions of the founding fathers and objectives of the Constitu¬tion.

d. The Preamble of the Constitution has no impor¬tance. It is no more than an introduction to the Constitution

 

52. All civil courts have jurisdiction to try—

a. All suits of a civil nature

b. All suits of civil nature except suits of which their cognizance is expressly not barred

c. All suits of civil nature except suits of which their cognizance is impliedly not barred

d. All suits of civil nature except suits of which their cognizance is expressly or impliedly barred

 

53. The concept of equal justice and free legal aid is given under Article-

a. 14 of the Constitution of India

b. 16 of the Constitution of India

c. 39-A of the Constitution of India

d. 43-A of the Constitution of India

 

54. Public Interest Litigations are entertained by the Supreme Court under: —

a. Article 19

b. Article 36

c. Article 32

d. Article 131

 

55. 'A', 'B', 'C and 'D' are charged for murder of 'E'. But evidence proved that 'A', 'B', 'C and 'D' along with three others jointly committed the offence. The court acquits 'A', 'B' 'C, but convicts 'D'.

In the context of the above, which one of the following statements is correct?

a. The conviction is legally valid

b. The conviction is bad in law as 'D' as a single person cannot be convicted with the aid of Section 3(5) of BNS

c. The conviction is bad in law as the other person charged with 'D' were acquitted

d. The conviction is bad in law as the unnamed person were not charged with 'D'

 

56. The 'protection against double jeopardy' is contained in………….

a. Section 8

b. Section 9

c. Section 10

d. Section 3

 

57. How many kinds of punishment are provided in Section 4 of Bhartiya Nyaya Sanhita, 2023?

a. Six

b. Four

c. Five

d. Seven

 

58. The question is, whether 'A' committed a crime at Kolkata on a certain day. In answer to this question, which of the following fact is relevant?

a. That 'A' was out that day at Mumbai

b. That 'A' habitually goes to Kolkata

c. That 'A' habitually commits crime

d. None of the above

 

59. Pardon may be tendered to an accomplice under Section 343 BNSS when:

a. He is not in a position to stand trial due to infirm health.

b. When he is declared insane.

c. He undertakes to make full and true disclosure of the facts relating to the offence.

d. All of the above.

 

60. A suit may be dismissed where

a. summons are not served on the defendant in consequence of the failure of the plaintiff to take proper steps like filing of court fee, postal charges or requisite number of copies of plaint.

b. neither party appears when the suit is called on for hearing.

c. plaintiff, after summons to defendant has returned unserved, fails to apply for fresh summons for seven days.

d. All these

 

61. Period of limitation for an offence punishable with a term of two years, as per section 514 of BNSS is

a. six months

b. one year

c. two years

d. three years

 

62. A person is arrested for having committed a crime. Which one of the following is not his right?

a. To know the grounds of his arrest

b. To get the services of a lawyer.

c. To approach the court for a writ petition for habeas corpus.

d. To approach the court for a writ of mandamus.

 

63. Sovereignty under Constitution belong to

a. the President

b. the Parliament

c. the People

d. the Executives, Judiciary and Legislature

 

64. Secondary evidence includes

a. certified copy of a court's judgement

b. oral account by any person of a document who has seen it

c. copies prepared or compared with originals

d. all of the above

 

65. Section 114 of the BSA speaks of such situations where one person stands in a position of to the other person.

a. active faith

b. passive faith

c. active confidence

d. confidence

 

66. Which one of the following cases does not relate to intoxication?

a. D.P.P. v. Beard

b. Basudeo v. State of Pepsu

c. R. v. McNaughten

d. R. v. Tandy

 

67. A man is alive unless nothing has been heard about him for seven years:

a. it is presumption of law

b. it is natural presumption

c. it is presumption of fact

d. none of the above

 

68. The binding force behind the Directive Principles of State Policy is : —

a. Public Opinion

b. Government

c. Constitution

d. Administration

 

69. Relevancy and admissibility under BNS are

a. synonymous

b. co-extensive

c. neither synonymous nor co-extensive

d. synonymous and co-extensive, both

 

70. Section 23 of Bhartiya Sakshya Adhiniyam applies:

a. when the person giving information is an accused but not in police custody.

b. when the person giving information is an accused and is in police custody.

c. when the person is in police custody but not an accused.

d. only (a) and (b)

 

71. Preamble of the Constitution was amended and the words “Sovereign, Socialist, Secular, Democratic Republic” were substituted for “Sovereign Democratic Republic “ vide: —

a. 93rd Amendment w.e.f. 20-11-2006

b. 85th Amendment w.e.f. 17-6-1995

c. 42nd Amendment w.e.f. 3-1-1977

d. 44th Amendment w.e.f. 20-6-1979

 

72. The Section provides the procedure for proving previous conviction or acquittal

a. Section 353 of BNSS

b. Section 334 of BNSS

c. Section 295 of BNSS

d. Section 364 of BNSS

 

73. On which amongst the following days the Constitution of India came into effect?

a. 26th November, 1949

b. 26th January, 1950

c. 26th March, 1950

d. 26th April, 1950

 

74. Which of the following observations is correct?

a. Section 94 and 95 of the BSA may not be abrogated by special law

b. Where section 94 does not apply section 95 also does not apply

c. The law of estoppel does not override sections 94 to 97 of the BSA

d. Section 94 and 95 apply even if there is no completed and binding contract

 

75. Which Article of the Indian Constitution is re-lated to Doctrine of self-incrimination?

a. Article 20(1)

b. Article 22

c. Article 20 (3)

d. Article 20 (2)

 

76. Principle: A person has got a right to defend his life or that of any other person. Factual Situation: Sonia was returning home from work at about 10:00 pm. The cab driver dropped her at the gate of her residence. Suddenly she heard a male voice telling her to hand over her purse and Mobile. She screamed to draw the attention of her driver but the driver did not hear her and drove away. When she looked back she saw a man pointing a dagger at her. She was about to hand over her purse to the man. Hearing her cries, her neighbor. Major Singh, a military officer, looked through his window and saw the scene. He took out his gun and shot the man dead, later identified as X.

a. Major Singh is liable for the death of X as there was no threat to his life or property.

b. Major Singh is not liable for the death of X as he was trying to protect the life of his neighbor.

c. Major Singh is liable for the death of X as he should not have shot X dead, but could have just threatened X.

d. Major Singh is not liable for the death of X as a Military official may shoot any one who is a criminal.

 

77. For abetment by conspiracy:

a. A mere agreement between two or more persons to do an unlawful act is enough

b. Some act or illegal omission must take place in pursuance of an engagement between two or more persons to do an unlawful act

c. There must be an international aid by one person to another for the doing of an offence

d. One person must instigate the other for the commission of an offence

 

78. The idea of forming the Constituent Assembly of India was contained in the-

a. Cripps Proposals

b. Cabinet Mission Plan

c. Govermment of India Act, 1935

d. Simon Commission Report

 

79. Shall it be lawful for a police officer to take into custody a person who throws or lays down any dirt, filth, rubbish or any stones on any road or street, which causes inconvenience or annoyance to public?

a. Yes, even without warrant

b. Yes, only under a warrant of arrest

c. No, because it is not an offence

d. No, because the police officer is not empowered

 

80. According to the Constitution of India, pre-constitutional laws inconsistent with the Fundamental Rights are: —

a. void

b. voidable

c. required to be examined by the courts

d. none of the above

 

81. Which of the following is not a supplemental proceeding?

a. grant of temporary injunction

b. appointment of a receiver

c. direction to defendant to furnish security

d. issuance of a commission

 

82. Which Section of BNS deals with enhanced punishment for offences under Chapter XII or Chapter XVII after previous conviction?

a. Section 12

b. Section 13

c. Section 11

d. Section 9

 

83. An accused having been called to examine himself on a request in writing:

a. must necessarily examine himself

b. has the liberty not to give evidence without giving rise to any presumption against him

c. has the liberty not to give evidence but in such a case a presumption arises against him

d. none of the above

 

84. Except the High Court and courts established under any other laws how many types of courts have been created under BNSS?

a. 2

b. 5

c. 3

d. 4

 

85. If an accused voluntarily consents for brain mapping and narco-analysis, then such information is relevant under which Section of Bhartiya Sakshya Adhiniyam?

a. Section 7

b. Section 17

c. Section 23

d. Section 30

 

86. Under section 52 of BNSS, when a person is arrested on the charge of committing rape, the arrestee may be examined by a registered medical practitioner other than a registered medical practitioner employed in a hospital run by the Government or by a local authority when the later is not available within a radius of Sixteen kilometres from the place;

a. Where the offence has been committed

b. Where the arrest was made

c. Where the nearest police station is situated

d. where the nearest court is situated

 

87. Right of life does not include Right to die was held in the case of: —

a. K Rathinam v. Union of India

b. State v. Sanjay Kumar Bhatia

c. Chennaagdeshwar v. State of Andhra Pradesh

d. Smt. Gian Kaur v. State of Punjab

 

88. Which provision specifically enables the court to pronounce judgment in case the defendant fails to file written statement or subsequent pleadings?

a. Order X, Rule 8 CPC

b. Order VIII, Rule 10 CPC

c. Order XVIII, Rule 8 CPC

d. Order XVIII, Rule 10 CPC

 

89. Which one of the following correctly describes the provision of Article 32 of the Constitution of India?

a. The technicalities of the principle of res-judicata are irrelevant while dealing, with fundamental rights under Article 32

b. A person aggrieved by the decision of High Court in a writ petition under Article 226 may approach the Supreme Court under Article 32 on the same facts

c. The right to approach the Supreme Court under Article 32 is a Fundamental Right

d. A writ petition under Article 32 is a curative petition

 

90. To which one of the following the word 'Illegal' used under Section 2(15) of BNS is not applicable?

a. Which is an offence

b. Which is prohibited by law

c. Which furnishes a ground for civil action

d. Which is immoral

 

91. In a criminal trial, without producing the Chemical Examiner to the Government, the report given by him upon a thing duly submitted for analysis in the course of any proceeding under Bhartiya Nagarik Suraksha Sanhita, 2023:

a. Cannot be used as evidence

b. Can be used as evidence only in summons cases

c. Can be used as evidence

d. Can be used only to refresh memory of the investigation officer coming in evidence

 

92. Section 3(5) of Bharatiya Nyaya Sanhita, 2023, deals with

a. Common intention

b. Common object

c. Common knowledge

d. Criminal intention

 

93. Section 96(4) of the Code of Civil Procedure inserted by the Code of Civil Procedure (Amendment) Act, 1976, bars:

a. appeal against consent decree

b. appeal in petty cases

c. appeal against final decree

d. appeal against findings

 

94. Which one of the following is a newly added ground for rejection of a plaint under Order 7 Rule 11 of C.P.C.?

a. Non-disclosure of cause of action

b. Under valuation of relief claimed

c. Barred by any law

d. Plaint not filed in duplicate

 

95. A Chief Judicial Magistrate may pass a sentence of:

a. Imprisonment for a term not exceeding three years or of fine not exceeding five thousand rupees or of both

b. Imprisonment for a term not exceeding three years or of fine not exceeding ten thousand rupees or of both

c. Imprisonment for a term not exceeding seven years or of fine not exceeding to any amount or both

d. Imprisonment for a term not exceeding seven years or of fine not exceeding one lakh rupees or of both

 

96. Besides section 232 of BNSS which other section also provides for committal of cases to the Sessions Court?

a. 315

b. 316

c. 362

d. 328

 

97. Unless non-access is proved, the presumption as to legitimacy of any child born during the continuance of a valid marriage between his mother and any man is—

a. Rebuttable presumption of law

b. Presumption of fact

c. Mixed presumption of law and fact

d. Irrebuttable presumption of law

 

98. Sections 497 and 498 of BNSS essentially deal with disposal of property by the Criminal Court. The basic difference between the two is:

a. Both the provisions deal with release of property produced before the Court

b. Section 497 is attracted during enquiry of trial and Section 498 is attracted after conclusion of the Criminal Trial

c. There is no difference between the two provisions

d. None of the above

 

99. A, a police officer, has a warrant of arrest for B. He asks C as to the identity of B. C knowingly tells A that P is B and consequently A arrests P. C is guilty of:

a. Abetment by aiding

b. Abetment by instigation

c. Abetment by false representation

d. Abetment of mischief

 

100. Which out of the following is not covered under ‘State’ under Article 12 of the Constitution?

a. Central Govt.

b. State Govt.

c. University of Patna

d. A Deity

 

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