UP APO EXAM SOLVED QUESTION PAPER

UP APO EXAM SOLVED QUESTION PAPER

Special police officers may be appointed under section 17 of the Uttar Pradesh Police Act, 1861 by—

(A) Inspector General of Police

(B) Any Magistrate suo motu

(C) Magistrate on application of Police Inspector

(D) Senior Superintendent of Police

Answer : (C)

Which of the following is not required to be recorded in the General Diary ?

(A) Details contained in a First Information Report

(B) Departure and return of police officers on and from duty

(C) Receipt and disbursement of cash

(D) Arrests made at the police station

Answer : (A)

Which of the following isnota duty of the police officer ?

(A) To obey and execute all orders and warrants issued to him by any competent authority

(B) To collect and communicate intelligence affecting the public peace

(C) To prevent the commission of offences and public nuisances

(D) To take charge of all unclaimed property and dispose the same as the circumstances demand

Answer : (D)

No warrant of arrest in a no cognizable offence shall for any reason be kept by the police for more than—

(A) One month

(B) Two months

(C) Six weeks

(D) Fifteen days

Answer : (C)

‘In every Statute mens rea is to be implied unless contrary is shown from the language of the Statute.’

This view was expressed in—

(A) Sherras Vs. De Rutzen

(B) R. Vs. Dudley and Stephen

(C) Queen Vs. Tolson

(D) R. Vs. Arnold

Answer : (A)

A national of Pakistan fires from the other side of the borders and a person within the Indian border is killed. The relatives, friends and other IndiAnswer rush and drag the Pakistani to border Indian Police Station. Can the Indian courts try the accused for murder ?

(A) No, Indian courts have no jurisdiction

(B) Yes

(C) He shall be handed over to the Pakistani authorities for trial in Pakistan

(D) None of the above

Answer : (B)

7.Point out wrong answer—

An order maintenance may be passed under section 125 of Cr. P. C. where a person neglects or refuses to maintain—

(A) his wife even if living separately by mutual consent

(B) his legitimate or illegitimate minor child

(C) his legitimate or illegitimate child who is by reason of any physical or mental abnormality or injury, unable to maintain itself

(D) his father or mother

Answer : (A)

An order of discharge—

(A) is not a judgement

(B) is not a defence against fresh proceedings without fresh facts and better evidence

(C) takes place after formal framing of charges

(D) establishes innocence of accused

Answer : (A)

In which sections of Cr. P. C., the procedure for trial before a court of Sessions is provided ?

(A) 260 to 265

(B) 238 to 250

(C) 251 to 259

(D) 225 to 237

Answer : (D)

Investigation includes all the proceedings conducted by a police officer—

(A) For the collection of evidence

(B) For enquiry than a trial

(C) For trial

(D) All the above

Answer : (A)

“If the complainant is absent on the day fixed for the hearing of the case, the magistrate may, in his discretion, discharge the accused in certain circumstances.”

In which one of the following circumstances the accused cannot be discharged ?

(A) When the charge has been framed

(B) When the offence is compoundable

(C) When the offence is noncognizable

(D) When the proceeding has been instituted on complaint

Answer : (A)

Section 50 of Cr. P. C. provides that every person arrested without warrant shall be informed of grounds of arrest and of right to bail, if the arrest is made for a bailable offence. What is the effect of non-compliance of these provisions ?

(A) It shall not render the arrest and detention of the person concerned illegal

(B) Even if the provisions of this section are overlooked, error may be corrected later

(C) It shall render the arrest and detention of the person concerned illegal and shall enable the person arrested move for habeas-corpus to obtain his release

(D) It is simply a procedural error and the provisions of this section are not very material

Answer : (C)

An offence is committed by a British citizen on an aircraft registered in India. The offender may be dealt with under which pro vision of the Code of Criminal Procedure, 1973 ?

(A) Section 188

(B) Section 183

(C) Section 182

(D) Section 186

Answer : (A)

In which of the following cases it was held that the accused cannot use the case diary ? Neither the accused nor his counsel can requisition the case diary and they cannot claim to go through it ?

(A) State of Uttar Pradesh v. Harish Chandra Singh

(B) Madhu Limaye v. Union of India

(C) Mukund Lal v. Union of India

(D) J. M. Desai v. State of Bombay

Answer : (C)

Which section of the code of Criminal Procedure, 1973 deals with the power of Sessions Judge to transfer cases and appeals ?

(A) Section 409

(B) Section 408

(C) Section 407

(D) Section 406

Answer : (B)

Consider the following statements—

Illegal arrest does not vitiate the trial.

A confession is not invalidated by the illegal arrest.

Mere keeping a person in police station or restricting his movement within the precincts of a police station amounts to arrest.

Arrest need not be by handcuffing a person, but could be complete by spoken words.

Select the correct answer using the codes given below—

Codes :

(A) Only 1 and 2 are correct

(B) Only 1 and 4 are correct

(C) Only 1, 2 and 4 are correct

(D) 1, 2, 3 and 4 all are correct

Answer : (C)

Under section 77 of Cr. P. C., a warrant of arrest may be executed—

(A) Within the local jurisdiction of court issuing warrant

(B) At any place within the state

(C) At any place in India

(D) Within the jurisdiction of District court

Answer : (C)

“Summons case” meAnswer a case relating to an offence, punishable with—

(A) Imprisonment for life

(B) Imprisonment for a term of 10 years

(C) Imprisonment for a term exceeding two years

(D) Imprisonment for a term not exceeding two years

Answer : (D)

Who can commute the sentence of imprisonment for life under Cr. P. C. ?

(A) Appropriate Government

(B) The President of India

(C) The Governor of the State

(D) The Home Minister of the State

Answer : (A)

In a cognizable offence a police officer—

(A) cannot arrest an accused without warrant

(B) can keep the accused in police custody without a remand order

(C) is not required to produce the accused before a magistrate

(D) may arrest an accused without warrant

Answer : (D)

The objective of the Police Act 1949 is—

(A) To reorganise the police and to make it a more efficient instrument for the prevention and detection of crime

(B) To amend the law relating to the regulation of police force

(C) To provide for the constitution of a general police district embracing two or more Union Territories and for the establishment of a police force therefore

(D) To give more powers to the Inspector General and Director General of Police

Answer : (C)

Police Diary is—

(A) Case Diary

(B) General Diary

(C) General Register

(D) Any of the above

Answer : (A)

Assertion (A) : ‘B’ writes to his wife ‘C’ a letter, which contains defamatory matters about ‘D’. ‘C’ cannot be compelled to disclose this communication.

Reason (R) : Any communication made during subsistence of marriage by a husband to his wife or vice-versa is protected as privileged communication.

Select the correct answer from the codes given below—

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 the correct explanation of (A)

(C) (A) is true but (R) is false

(D) (A) is false but (R) is true

Answer : (A)

Any condition imposed by a Magistrate when releasing any person on bail—

(A) Can be set aside or modified only by the Supreme Court

(B) Cannot be modified by any court

(C) Can be modified by Sessions Court or High Court

(D) Can be set aside only by Sessions Court

Answer : (C)

During investigation of an offence of committing rape, medical examination of the alleged victim may be done—

(A) Only on the order of a Magistrate

(B) Necessarily on the request of concerned investigation officer, if he deems it fit

(C) After the investigation officer obtains permission of his Superintendent of Police

(D) With the consent of such woman victim or of an y person competent to give such consent on her behalf

Answer : (D)

The main characteristic of the code of Criminal Procedure, 1973 is—

(A) The separation of the judiciary from the executive

(B) The separation of the legislature from the executive

(C) The separation of the revenue work from the executive

(D) To provide judicial powers to the executive magistrates

Answer : (A)

In sub-section (1) of section 24 of the Cr. P. C., after the words ‘Public Prosecutor’, the words inserted are—

(A) One or more additional public prosecutors

(B) Two or more additional public prosecutors

(C) At least five additional public prosecutors

(D) None of the above

Answer : (A)

The offences which can be compounded are provided under—

(A) Schedule first of Cr. P. C.

(B) Schedule second of Cr. P. C.

(C) Section 320 of Cr. P. C.

(D) Section 321 of Cr. P. C.

Answer : (C)

In which case, it was held that at the time of framing charge or taking cognizance, accused has no right to produce any material ?

(A) Anil Royal v. State of Bihar

(B) State of Orissa v. Debendra Nath Padhi

(C) Bani Singh v. State of Uttar Pradesh

(D) Pratap Singh v. State of Jharkhand

Answer : (B)

A warrant of arrest and a proclamation under section 82 of Cr. P. C. were issued simultaneously and later a consequential order of attachment under section 83 was also issued. What is the legality of these orders ?

(A) All the orders are perfectly legal

(B) The order under section 82 is legal but order under section 83 is illegal

(C) The order under section 82 is illegal and improper vitiating the consequential order of attachment

(D) None of the above

Answer : (C)

Which of the following isnotcorrect regarding provisions of bail in case of non-bailable offences ?

(A) Bail may be granted, if the court concerned comes to the conclusion that prosecution has failed to establish a prima-facie case

(B) Bail may be granted, if the court is satisfied that in spite of existence of a prima-facie case there is need to release such person on bail in view of facts and circumstances of case

(C) Bail cannot be granted to an accused who may be required for being identified by witness during investigation

(D) If the offence is punishable with death, imprisonment for life or imprisonment for 7 years or more, no person can be released on bail without giving an opportunity of hearing to the public prosecutor

Answer : (D)

For patrolling of roads ordinarily—

(A) Civil police shall be employed

(B) Armed police shall be employed

(C) Mounted police shall be employed

(D) Village Chaukidar shall be employed

Answer : (A)

The Public Prosecutor should inspect the Malkhana once is—

(A) A month

(B) Two months

(C) Three months

(D) A fortnight

Answer : (A)

Which of the following is not correct ?

(A) The police may control and regulate the processions

(B) The police has power to forbid or issue order banning the procession in public interest

(C) Those who convene a public assembly, may be required to obtain a licence from the Police Superintendent

(D) The police may lay down conditions for the conduct of the public assembly or procession

Answer : (C)

Village Chaukidars are appointed by—

(A) Gram Pradhan

(B) In charge of the Police Station

(C) Superintendent of Police

(D) District Magistrate

Answer : (D)

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

Answer : (A)

History-sheet of class A, that is for dacoits, burglars, cattle thieves, railway goods wagon thieves and abettors thereof, may be discontinued with the sanction of—

(A) Superintendent of Police

(B) District Magistrate

(C) Deputy Inspector General of Police

(D) Inspector General of Police

Answer : (A)

Which of the following entries is not made in the village crime Note-Book Part-I ?

(A ) Main Castes and Tribals

(B) Specialities of the Population

(C) Entries of offences against the State

(D) The village choukidar

Answer : (C)

Particulars of which of the following organised gangs shouldnotbe entered in the ‘gang register’ of a police station of the district ?

(A) Gang of Dacoits

(B) Gang of cattle thieves

(C) Gang to burglars

(D) Gang of railway goods wagon thieves

Answer : (B)

Is the Investigation Officer bound to reduce in writing any statement made to him in the course of examination under section 161 of the code of Criminal Procedure ?

(A) Yes

(B) No

(C) Only when directed by the court to do so

(D) Only in cases of cognizable offences

Answer : (B)

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’

Answer : (C)

Match List-I (Case) with List-II (Subject) and select the correct answer using the codes given below the Lists—

List-I

(a) Kehar Singh Vs. Delhi Administration

(b) Nawab Ali Vs. State of Uttar Pradesh

(c) Vishwanath Vs. State of Uttar Pradesh

(d) Mehboob Shah Vs. Emperor

List-II

Right of private defence

Criminal Conspiracy

Common Intention

Common Object

Mistake of fact

Codes :

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

(A) 2 4 1 3

(B) 3 1 5 2

(C) 3 4 1 2

(D) 2 1 5 3

Answer : (A)

‘A’ makes an attempt to steal jewels by breaking open box, and finds after so opening the box, that there was no jewel in it. What offence ‘A’ has committed ?

(A) Attempt to theft

(B) Theft

(C) Criminal breach of trust

(D) All of the above

Answer : (A)

‘A’ sought to appear in LL.B. examination on the basis of forged marks-sheet of B.A., but forged marks-sheet was detected before the commencement of examination—

(A) ‘A’ is not guilty of cheating

(B) ‘A’ is guilty of attempt to cheat

(C) ‘A’ is guilty of cheating

(D) None of the above

Answer : (C)

Which of the following is not correct ?

(A) A person made non compos mentis by illness is exempted from criminal liability, if the act was committed under the influence of his mental disorder

(B) The intoxication, in order to be available as defence must be of that degree and extent as renders the accused practically an automation

(C) Voluntary drunkenness is an excuse for knowledge

(D) Except murder and offences punishable with death, compulsion is an excusable defence, if the act is done under the fear of instant death

Answer : (C)

Which of the following is not a meaning of the expression ‘common intention’ under section 34 of the Indian Penal Code ?

(A) A prearranged plan, prior meeting of minds, prior consultation in between all the persons constituting the group

(B) A desire to commit a criminal act without any contemplation of the consequence

(C) The mens rea necessary to constitute the offence that has been committed

(D) Evil intent to necessarily commit the same offence which is committed

Answer : (B)

In which of the following cases ‘necessity’ under section 81 of Indian Penal Code cannot be pleaded as a defence ?

(A) Self-defence and prevention of violence

(B) Prevention of harm to the accused at the expense of an innocent person

(C) Self-preservation is an absolute necessity

(D) Choice of evils affecting person other than the accused

Answer : (C)

Where a married woman, dying of burns was a person of unsound mind and the medical certificate vouchsafed her physical fitness for a statement and not the state of mind at the crucial moment; in which of the following cases the court said that the statement could not be relied upon ?

(A) Ravi Chander Vs. State of Punjab

(B) Shripatrao Vs. State of Maharashtra

(C) Uka Ram Vs. State of Rajasthan

(D) Baldev Raj Vs. State of Himachal Pradesh

Answer : (A)

The principle of Promissory Estoppel found its root—

(A) As an exception to the doctrine of consideration

(B) As a rule of future consideration in the law of contract

(C) As a rule of past consideration in the law of contract

(D) None of the above

Answer : (B)

Under which section of Evidence Act, a tenant of immovable property is estopped from denying a title of the landlord to that property ?

(A) Section 115

(B) Section 116

(C) Section 117

(D) None of the above

Answer : (B)

In which section of Indian Penal Code the maxim ‘ignorantia juris non excusat’ is incorporated ?

(A) Section 78

(B) Section 76

(C) Section 79

(D) None of the above

Answer : (B)

‘A’, a child of exact seven years of age commits an offence. ‘A’ will—

(A) not be guilty under section 82 of Indian Penal Code

(B) be guilty if he is of sufficient maturity

(C) not be covered by section 82 and 83 of Indian Penal Code

(D) be guilty under section 83 of Indian Penal Code

Answer : (C)

‘A’ holds ‘Z’ down, and fraudulently takes Z’s money and jewels from ‘Z’s clothes, without ‘Z’s consent. ‘A’ is guilty of committing—

(A) Theft

(B) Extortion

(C) Robbery

(D) Dacoity

Answer : (C)

Distinction between Section 34 and 149 of IPC has been authoritatively expounded by the Supreme Court in—

(A) State of Maharashtra v. M. H. George

(B) Guru Deo Singh v. State of Punjab

(C) Ram Kumar v. State of Haryana

(D) Nanak Chand v. State of Punjab

Answer : (D)

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

Answer : (D)

Match List-I with List-II and select the correct answer using the codes given below the Lists—

List-I

(a) Tukaram Vs. State of Maharashtra

(b) State Vs. Nalini

(c) Barendra Kumar Ghosh Vs. Emperor

(d) State of Maharashtra Vs. Sukh Deo Singh

List-II

General A.S. Vaidya case

Mathura rape case

Post-master murder case

Rajeev Gandhi murder case

Codes :

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

(A) 2 4 3 1

(B) 1 2 3 4

(C) 4 3 2 1

(D) 3 1 2 4

Answer : (A)

If in a trial for ‘causing death by negligence’ it is established that the accused had been at fault though victim had also been equally at fault—

(A) The fact that the actual injury was brought about by carelessness or contribution of the victim also, will be no defence

(B) Contributory negligence would be a good defence

(C) The degree of culpability as to the amount of negligence on his part shall be deciding factor

(D) None of the above

Answer : (A)

Which one of the following is punishable as sedition ?

(A) Bitter criticism of the government to overthrow it

(B) Inducing people to cease to obey law and lawful authority

(C) A publicist attack on the policies of the government

(D) An attempt to remove the Ministers from power

Answer : (B)

‘A’, for the purpose of inducing ‘B’ to desist from prosecuting a civil suit, threatens to burn ‘B’s house. What offence was committed by ‘A’ in this case ?

(A) Abetment

(B) Criminal assault

(C) Criminal force

(D) Criminal intimidation

Answer : (D)

‘A’, with the intention of murdering ‘Z’, instigates ‘B’, a child below seven years at age, to do an act which causes ‘Z’s death. ‘B’, in consequence of instigation, did the act in the absence of ‘A’, thereby causes ‘Z’s death. What offence has been committed by ‘A’ ?

(A) No offence, because ‘A’ was not present at the time of murder

(B) Committed simple offence of causing hurt

(C) Committed offence of attempt to murder

(D) Committed murder

Answer : (D)

The Supreme Court of India has upheld the constitutional validity of section 497 of Indian Penal Code (Adultery) in—

(A) Smt. Sowmithri Vishnu Vs. Union of India

(B) K. M. Nanawati Vs. State of Maharashtra

(C) Priya Bala Ghosh Vs. Suresh Chandra Ghosh

(D) Sukhbeer Singh Vs. State of Haryana

Answer : (A)

Point out correct response—

In theft there must be—

(A) Dishonest intention to take any kind of property

(B) Dishonest intention to take any valuable security

(C) Dishonest intention to take any movable property

(D) Dishonest intention to take only immovable property

Answer : (C)

Which of the following is not an i llustration of assault ?

(A) ‘A’ takes up a stick saying to ‘B’, “I will beat you”

(B) ‘A’ threatens ‘B’ to see him later on

(C) ‘A’ medically examines a woman ‘B’ without her consent

(D) ‘A’ throws brickbats into the house of ‘B’

Answer : (B)

‘A’ places men with firearms at the outlets of a building, and tells ‘Z’ that they will fire at ‘Z’ if ‘Z’ attempts to leave the building—

(A) ‘A’ wrongfully restrains ‘Z’

(B) ‘A’ wrongfully obstructs ‘Z’

(C) ‘A’ wrongfully confines ‘Z’

(D) ‘A’ wrongfully orders ‘Z’

Answer : (C)

Which one of the following is an illustration of criminal attempt ?

(A) ‘A’ tries to kill ‘B’ by witchcraft

(B) ‘A’ administers a poisonous drug to a woman ‘B’ with an intention to cause miscarriage, but the woman was not pregnant

(C) ‘A’ takes away his own umbrella thinking it to be of someone else

(D) ‘A’ goes to Kolkata to buy dyes to make counterfeit currency notes

Answer : (B)

‘A’ has knocked down four teeth of ‘B’. ‘A’ has committed the offence of—

(A) Attempt to cause hurt

(B) Causing hurt

(C) Causing grievous hurt

(D) Attempt to murder

Answer : (C)

Which one of the following is not punishable under the Indian Penal Code ?

(A) Preparation to commit murder

(B) Preparation to commit dacoity

(C) Preparation to wage war against the state

(D) Preparation to commit depredation on the territory of a friendly power

Answer : (A)

A minor girl of 15 years of age left her father’s house with Rs. 10,000 and accompanied ‘Z’ to various places. All the traveling as well as Hotel charges were paid out of the said amount as ‘Z’ had no money. During the course of their journey ‘Z’ had sexual intercourse with her thrice with her consent. Here ‘Z’ is liable under section—

(A) 363 of Indian Penal Code

(B) 366 of Indian Penal Code

(C) 366-A of Indian Penal Code

(D) 376 of Indian Penal Code

Answer : (D)

Assertion (A) :Homicide is the killing of a human being by a human being.

Reason (R) : Homicide is always unlawful.

Select the correct answer with the help of codes given below—

Codes :

(A) Both (A) and (R) are true and (R) is the correct explanation of (A)

(B) Both (A) and (R) are true and (R) is not the correct explanation of (A)

(C) (A) is true but (R) is false

(D) (A) is false but (R) is true

Answer : (C)

Match List-I with List-II and select the correct answer using the codes given below the Lists—

List-I

(a) Act of Judge when acting judicially

(b) Accident in doing a lawful act

(c) Act of a child under seven years of age

(d) Act of a person of unsound mind

List-II

Section 82 of I.P.C.

Section 84 of I.P.C.

Section 77 of I.P.C.

Section 80 of I.P.C.

Codes :

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

(A) 4 1 2 3

(B) 3 4 1 2

(C) 1 2 3 4

(D) 2 3 4 1

Answer : (B)

‘X’ and ‘Y’ agreed to commit murder of ‘Z’ by poisoning and ‘Y’ was to procure poison, but he did not procure it. ‘X’ and ‘Y’ are guilty of—

(A) Abetment of murder by conspiracy

(B) Attempt to murder with the aid of section 34 of Indian Penal Code

(C) No offence

(D) Criminal conspiracy to murder Z

Answer : (D)

Which of the following statements is correct ?

(A) The right of private defence under Indian Penal Code is available even against an act which is not offence under the code

(B) The right of private defence can be exercised to repeal unlawful aggression and also to retaliate

(C) The right of private defence is available to defend only one’s own person and property

(D) The right of private defence extends to the causing of death when the assault is made with the intention of wrongfully confining a person

Answer : (D)

‘A’ shakes his fist at ‘Z’, intending or knowing it to be likely that he may thereby cause ‘Z’ to believe that ‘A’ is about to strike ‘Z’.

‘A’ has committed—

(A) Use of force

(B) Use of criminal force

(C) Assault

(D) Use of force and assault both

Answer : (C)

‘A’ sent through the post office, a packet containing seditious publications, with a covering letter requesting the addressee to circulate it to others. It was intercepted and never reached the addressee. ‘A’—

(A) Committed the offence of sedition

(B) Did no t commit any offence

(C) Is guilty of inciting communal riot

(D) Is guilty of an attempt to commit sedition

Answer : (D)

In which year the electronic evidence was incorporated in the Indian evidence Act as a part of documentary Evidence ?

(A) 2001

(B) 2002

(C) 2000

(D) 1999

Answer : (C)

Which of the following isnota public document ?

(A) Records of a nationalized Bank

(B) A post-mortem report

(C) A private waqf deed, recorded in the office of subregistrar

(D) Entries made by a police officer in the site inspection map and site memo

Answer : (B)

The case of Pakala Narain Swamy v. Emperor relates to—

(A) Res gestae

(B) Dying declaration

(C) Accomplice

(D) Co-accused

Answer : (B)

An accused charged under section 302 and 304 B of the Indian Penal Code is acquitted of the offence under section 302 of Indian Penal Code. The presumption under section 113 B of the Evidence Act is—

(A) Automatically refuted

(B) Not refuted

(C) Not relevant

(D) Irrelevant and otiose

Answer : (B)

Under which section of code of Criminal Procedure, security is taken of good behaviour from habitual offenders ?

(A) Section 109

(B) Section 110

(C) Section 111

(D) Section 112

Answer : (B)

Which of the following is not a duty of the Magistrate while recording confession under section 164 Cr. P. C. ?

(A) Duty to explain to the person making the confession that he is not bound to make confession

(B) Duty to work that if he makes a confession, it may be used as evidence against him

(C) Duty to record the confessional statement in the form of questions and answers

(D) Duty to be satisfied and have reason to believe the confession was voluntary

Answer : (C)

Which one of the following is a case relating to anticipatory bail ?

(A) D. K. Ganesh Babu Vs. P. T. Manokaran

(B) Tama Vs. State of West Bengal

(C) Dinesh Dalmia Vs. C. B. I.

(D) Dimple Gupta Vs. Rajiv Gupta

Answer : (A)

Assault in order to outrage the modesty of a woman is punishable under—

(A) Section 350 I.P.C.

(B) Section 351 I.P.C.

(C) Section 353 I.P.C.

(D) Section 354 I.P.C.

Answer : (D)

Which of the following would not be relevant in evidence under section 8 of Indian Evidence Act ?

(A) Evidence of the existence of a motive for the crime charged

(B) Evidence of a statement which accompanies some conduct

(C) Evidence of a statement which influences and affects the conduct of a person, whose conduct is otherwise relevant

(D) Evidence of a statement of the act of robbery without making any complaint

Answer : (D)

In a case where a doctor commits rape on a woman of 30 years of age under his treatment and the woman says that she did not consent, the court—

(A) will need proof

(B) shall presume that she did not consent

(C) may need corroboration

(D) may presume or may not presume her consent

Answer : (B)

Which one of the following is a judgement-in-personam ?

(A) A final judgement in a suit for divorce

(B) A final judgement in a suit for restitution of conjugal rights

(C) A final judgement in a suit for insolvency

(D) A final judgement in a suit for admiralty matters

Answer : (B)

Which of the following is not correct for relevancy of evidence to prove conspiracy ?

(A) There must be reasonable ground to believe that two or more persons have entered into a conspiracy

(B) The act in question must have been done after the time when the intention to conspire was first entertained by any of them

(C) The act must have been done in reference to their common intention

(D) It can also be used in favour of the other party or for the purpose of showing that such a person was not a party to the conspiracy

Answer : (D)

Who amongst the following is not an accomplice ?

(A) A bribe giver

(B) A detective

(C) A prostitute

(D) A person receiving stolen property

Answer : (B)

The English doctrine of Res Gestae—

(A) has no place in India

(B) has place in India

(C) has place in India and has been incorporated under Section 6 of the Indian Evidence Act, 1872

(D) has been incorporated under section 7 of the Indian Evidence Act, 1872

Answer : (C)

89.Assertion (A ) :An admission can be used against a co-defendant.

Reason (R) : An admission binds the maker of it. It may be used in his favour as well.

Select the correct answer from the codes given below—

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 the correct explanation of (A)

(C) (A) is true but (R) is false

(D) (A) is false but (R) is true

Answer : (B)

Which of the following statements is not correct regarding ‘admission‘ under section 17 of Indian Evidence Act ?

(A) Admission operates as waiver of proof

(B) Admission is a statement

which is necessarily against one’s own interest

(C) A statement which suggests some inference as to fact-in-issue or relevant fact, may be admission

(D) It is generally irrelevant as to whom an admission is made

Answer : (D)

Match List-I with List-II and select the correct answer using the codes given below the Lists—

List-I

(a) Section 46 of Indian Evidence Act

(b) Section 47 of Indian Evidence Act

(c) Section 47A of Indian Evidence Act

(d) Section 48 of Indian Evidence Act

List-II

Opinion as to digital signature

Opinion as to existence of right or custom, when relevant

Facts bearing upon opinion of experts

Opinion as to handwriting when relevant

Codes :

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

(A) 4 3 2 1

(B) 1 2 3 4

(C) 2 1 4 3

(D) 3 4 1 2

Answer : (D)

When can a person prove his own statement constituting admission, or it may be proved on his behalf ?

(A) When it is relevant as dying declaration

(B) When it is relevant as admission

(C) When it is relevant as confession

(D) When it is only an oral admission as to content of electronic record

Answer : (A)

Assertion (A) : A confession always goes against the maker of it, provided it has been made freely and voluntarily.

Reason (R) : A confession is inadmissible against a coaccused.

Choose the correct answer using the codes given below—

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 the correct explanation of (A)

(C) (A) is true but (R) is false

(D) (A) is false but (R) is true

Answer : (C)

A statement before the police officer in the course of investigation was that the design was carried out according to plan; but no reference was made to persons who were involved in murder or to the maker of statement himself—

(A) Prosecution shall not be allowed to prove this statement, being hit by section 25 of Indian Evidence Act

(B) Prosecution may prove this statement. It is not hit by section 25 of Indian Evidence Act

(C) Only that part of the statement may be proved which leads to discovery of a fact in consequence of information received

(D) None of the above is correct

Answer : (C)

Admissions are—

(A) Conclusive proof

(B) Not Conclusive proof

(C) Not estoppel

(D) None of the above is correct

Answer : (B)

What is the evidentiary value of the confession of a co-accused implicating himself as well as his other non-confessing coaccused ?

(A) Such a confession is relevant against all the co-accused

(B) It shall not be relevant against non-confessing coaccused

(C) Such a confession amounts to proof of guilt of all the coaccused

(D) If the confessing co-accused is acquitted of the main offence, his confession shall cease to be admissible

Answer : (A)

Relevancy and admissibility under Indian Evidence Act are—

(A) Synonymous

(B) Neither synonymous nor coextensive

(C) Co-extensive

(D) Synonymous and co-extensive both

Answer : (B)

Which section of the Indian Evidence Act defines ‘Leading Question’ ?

(A) Section 140

(B) Section 141

(C) Section 142

(D) Section 143

Answer : (B)

The case of Sarat Chander Dey v. Gopal Chander Laha, (1891) 19 I.A. 203 is related to which of the following section of Indian Evidence Act, 1872 ?

(A) Section 6

(B) Section 115

(C) Section 124

(D) Section 45

Answer : (B)

Which one of the following is an inchoate-crime ?

(A) Riot

(B) Criminal attempt

(C) Unlawful assembly

(D) Public nuisance

Answer : (B)