Question 1

A woman subjected to rape, gives a statement under Section 164 Cr.P.C. implicating the accused for the offence. She commits suicide sometime later but before her statement could be recorded at the trial. Such statement recorded under Section 164 Cr.P.C. would be:

Accepted Answer

Correct Option: Admissible under Section 32 of the Evidence Act. A statement recorded under Section 164 of the Code of Criminal Procedure, 1973, is generally not a substantive piece of evidence. However, if the person who made the statement subsequently dies, and the statement relates to the cause of their death or the circumstances of the transaction that resulted in their death, it can become admissible as a dying declaration under Section 32(1) of the Indian Evidence Act, 1872. In this scenario, the woman's suicide, if linked to the rape, makes her Section 164 statement admissible under Section 32.

Question 2

Which of the following is not a 'Public Utility Service' for the purpose of the Legal Services Authority Act, 1987:

Accepted Answer

Correct Option: Banking Services. Section 2(1)(d) of the Legal Services Authorities Act, 1987, defines "public utility service" and explicitly lists transport, postal/telegraph/telephone, and insurance services. Banking services are not included in this specific definition under the Act.

Question 3

In a case where a party is added or substituted owing to assignment or devolution of any interest during the pendency of a suit, the suit shall be regards him, be deemed to have been instituted:

Accepted Answer

Correct Option: On the date the suit was instituted. When a party is added or substituted due to assignment or devolution of interest during the pendency of a suit, for the purpose of limitation, the suit is deemed to have been instituted against them on the date the original suit was instituted. This principle ensures that the rights of the assignee or successor are protected from the date of the original action.

Question 4

As per Schedule for compensation for third party fatal accidents under Section 163A of the Motor Vehicles Act, 1988 the amount of compensation arrived at, in consideration of the expenses, which a victim would have incurred towards maintaining himself, had he been alive, shall be reduced by:

Accepted Answer

Correct Option: 1/3. As per the Second Schedule of the Motor Vehicles Act, 1988, for calculating compensation in fatal accident cases, a deduction is made for the personal and living expenses of the deceased. This deduction is typically 1/3rd of the income if the deceased was married and had dependents, and 1/2 if the deceased was a bachelor. In the absence of specific details, 1/3rd is a commonly applied deduction for a person with dependents.

Question 5

For an instrument of gift of Immovable property, under the Registration Act, 1908:

Accepted Answer

Correct Option: Registration is compulsory. Section 17(1)(a) of the Registration Act, 1908, mandates that instruments of gift of immovable property must be registered.

Question 6

Where the time limit of a lease is of a year or number of years, which is expressed to be determinable before its expiration, and the lease omits to mention at whose option it is so terminable, who shall have such option:

Accepted Answer

Correct Option: Lessee. As per the principle of construction of leases, if a lease deed provides for determination of the lease before its expiration but does not specify at whose option it is terminable, the option is presumed to be with the lessee. This is based on the legal maxim "verba fortius accipiuntur contra proferentem" (words are to be construed more strongly against the party who uses them), and also to protect the interest of the lessee.

Question 7

The maxim 'Actus curiae neminem gravabit' means:

Accepted Answer

Correct Option: An act of the Court shall prejudice no man. The legal maxim 'Actus curiae neminem gravabit' translates to "an act of the court shall prejudice no man." It means that if a delay or error is caused by the court, no party should suffer a disadvantage as a result.

Question 8

Which of the following is not an internal aid to the construction or interpretation of statute:

Accepted Answer

Correct Option: Marginal Notes appended to a section. While physically present within the statute, marginal notes are generally not considered an authoritative internal aid to the construction or interpretation of a statute in India. They are often inserted by the draftsman and not necessarily enacted by the legislature, thus having limited or no legal weight in interpreting the legislative intent. Long Title, Illustrations, and Preamble are recognized internal aids.

Question 9

Iddat period, in case of a divorced woman, if she is subject to menstruation, means:

Accepted Answer

Correct Option: Three menstrual courses after the date of divorce. In Islamic law, the 'Iddat' period for a divorced woman who is subject to menstruation is three menstrual courses (or three periods of purity if she is not menstruating). This period is observed to ascertain pregnancy and to provide a cooling-off period.

Question 10

For the purpose of Rajasthan Relief of Agricultural Indebtness Act, 1957, the term 'agriculture' does not include:

Accepted Answer

Correct Option: Bee framing and collecting honey. The specific definition of 'agriculture' can vary across statutes. While horticulture, breeding of livestock, and reserving land for fodder are generally considered agricultural activities, bee farming and collecting honey are often treated as allied or ancillary activities that may not fall within the strict definition of 'agriculture' for the specific purpose of the Rajasthan Relief of Agricultural Indebtedness Act, 1957.

Question 11

Any person aggrieved by an order made by the Collector (Stamps) can apply for a revision under Section 65 of the Rajasthan Stamp Act, 1998, before:

Accepted Answer

Correct Option: Chief Controlling Revenue Authority. Section 65 of the Rajasthan Stamp Act, 1998, provides that any person aggrieved by an order made by the Collector (Stamps) can apply for a revision before the Chief Controlling Revenue Authority.

Question 12

The Supreme Court of India in the exercise of Its Jurisdiction may make such order as is necessary for doing complete justice in any case, such power is conferred by:

Accepted Answer

Correct Option: Article 142 of the Constitution of India. Article 142 of the Constitution of India empowers the Supreme Court to pass any decree or make any order necessary for doing complete justice in any case or matter pending before it. This power is often referred to as the "power to do complete justice."

Question 13

In which judgement Hon'ble Supreme Court has held Right to Privacy to be a Fundamental Right:

Accepted Answer

Correct Option: Justice K.S. Puttaswamy & Anr. v. Union of India & Ors.. The Hon'ble Supreme Court of India, in its landmark judgment in Justice K.S. Puttaswamy (Retd.) and Anr. v. Union of India and Ors. (2017), unanimously declared the Right to Privacy as a fundamental right under Article 21 of the Constitution of India.

Question 14

When a marriage has been dissolved by a decree of divorce under Hindu Marriage Act, 1955 and there is a right of appeal, the divorced persons may marry again:

Accepted Answer

Correct Option: After expiry of the time for appealing, without any appeal having been presented. Section 15 of the Hindu Marriage Act, 1955, stipulates that when a marriage has been dissolved by a decree of divorce, and there is a right of appeal, either party may marry again only after the expiry of the time for appealing against the decree, provided no appeal has been presented, or if an appeal was presented, it has been dismissed.

Question 15

Promissory estoppel is the extension of principle contained in which provision of the Evidence Act:

Accepted Answer

Correct Option: Section 115. Promissory estoppel is an equitable doctrine that is considered an extension of the principle of estoppel, which is codified in Section 115 of the Indian Evidence Act, 1872. Section 115 deals with estoppel by representation.

Question 16

Prior to the Hindu Succession (Amendment) Act, 2005 coming into force, who amongst the following was not Class I heir or male Hindu dying intestate:

Accepted Answer

Correct Option: None of the above. Prior to the Hindu Succession (Amendment) Act, 2005, the mother, widow, and daughter were all recognized as Class I heirs of a male Hindu dying intestate under the Hindu Succession Act, 1956. The 2005 amendment primarily focused on granting daughters coparcenary rights, not on their status as Class I heirs, which they already held.

Question 17

Under which provision of Rajasthan Land Revenue Act, 1956, a person without lawful authority occupying land, which is at the disposal of local authority, can be evicted:

Accepted Answer

Correct Option: Section 91 of the Act. Section 91 of the Rajasthan Land Revenue Act, 1956, provides for the eviction of persons who are in unauthorized occupation of land belonging to the State Government or a local authority.

Question 18

'Decree', as defined by Section 2 of the Code of Civil Procedure, 1908 does not include;

Accepted Answer

Correct Option: Any order of dismissal for default. As per Section 2(2) of the Code of Civil Procedure, 1908, a 'decree' includes a preliminary decree, final decree, or partly preliminary and partly final decree, and also includes the rejection of a plaint and the determination of any question within Section 144. However, it explicitly states that a 'decree' shall not include "any order of dismissal for default."

Question 19

Against a decree passed in a suit after recording a compromise an appeal on the ground that the compromise should not have been recorded, can be filed under:

Accepted Answer

Correct Option: Order XLIII Rule 1-A CPC. Order XLIII Rule 1-A(2) of the Code of Civil Procedure, 1908, specifically provides that an appeal against a decree passed in a suit after recording a compromise (under Order XXIII Rule 3) can be filed on the ground that the compromise on which the decree was based was not lawful or void.

Question 20

Chapter II and III of Rajasthan Rent Control Act, 2001 applies to:

Accepted Answer

Correct Option: Any premises situated in the municipal area of Jaipur City, let out for residential purposes, for a monthly rent of Rs. 8,000/-.. Section 3 of the Rajasthan Rent Control Act, 2001, specifies the premises to which the Act does not apply. Section 3(ix) exempts "any premises let out for residential purposes, the monthly rent whereof exceeds eight thousand rupees in the municipal area of Jaipur City." Since the rent mentioned in option (4) is exactly Rs. 8,000/-, it does not exceed Rs. 8,000/-, and therefore, such premises are not exempted and the Act (including Chapters II and III) applies to them. Options (2) and (3) are explicitly exempted by other clauses of Section 3.

Question 21

A suit against a municipality or its officers can be instituted otherwise than for the recovery of immovable property or for a declaration of title thereto:

Accepted Answer

Correct Option: Within six months next after the accrual of cause of action.. As per Section 304(2) of the Rajasthan Municipalities Act, 2009, any suit against a municipality or its officers (other than for the recovery of immovable property or for a declaration of title thereto) must be instituted within six months from the date of the accrual of the alleged cause of action, failing which it shall be dismissed.

Question 22

The grant of and transfer of licences is governed by:

Accepted Answer

Correct Option: The Indian Easements Act, 1882.. The grant and transfer of licenses, particularly in relation to immovable property, are primarily governed by the provisions of the Indian Easements Act, 1882. Section 52 of this Act defines a "license."

Question 23

Under Rajasthan Court fees and Suits Valuation Act, 1961, all questions arising on a plea that the subject matter of the suit has not been properly valued or that the fee paid Is not sufficient are required to be heard and decided:

Accepted Answer

Correct Option: Before the hearing of the suit as contemplated by Order XVIII CPC.. Section 11 of the Rajasthan Court Fees and Suits Valuation Act, 1961, mandates that all questions regarding the proper valuation of the subject matter of a suit or the sufficiency of court fees paid must be heard and decided by the court before the hearing of the suit as contemplated by Order XVIII of the Code of Civil Procedure, 1908. This ensures that such preliminary issues are resolved before the trial proceeds to evidence.

Question 24

Which of the contract is not specifically enforceable:

Accepted Answer

Correct Option: A contract which is in its nature determinable.. Section 14(1)(c) of the Specific Relief Act, 1963, explicitly states that a contract which is in its nature determinable (e.g., a partnership at will, which can be dissolved by notice) cannot be specifically enforced. The other options describe situations where specific performance is generally granted or is a condition for granting it.

Question 25

The power of review on the Board of Revenue and other revenue courts is conferred by which provision of the Rajasthan Tenancy Act, 1955:

Accepted Answer

Correct Option: Section 229. Section 229 of the Rajasthan Tenancy Act, 1955, confers the power of review upon the Board of Revenue and other Revenue Courts, allowing them to review any order passed by themselves.

Question 26

Which of the following is not a negotiable Instrument:

Accepted Answer

Correct Option: Fixed Deposit Receipt. Under the Negotiable Instruments Act, 1881, promissory notes, bills of exchange, and cheques are explicitly defined as negotiable instruments. A Fixed Deposit Receipt (FDR), while representing a sum of money, is generally not considered a negotiable instrument because it is not unconditionally transferable by mere endorsement and delivery in the same manner as the other instruments. Its transfer typically requires the involvement and consent of the issuing bank.

Question 27

Under the General Rules (Civil), 1986 all pleadings, applications and petitions filed in the course of civil judicial proceedings, shall be written in:

Accepted Answer

Correct Option: Hindi. As per Rule 1 of the Rajasthan Civil Courts (General) Rules, 1986, all pleadings, applications, and petitions filed in the course of civil judicial proceedings in Rajasthan courts must be written in Hindi.

Question 28

Under the Arbitration and Conciliation Act, 1996, in the case of international commercial arbitration 'Court' means:

Accepted Answer

Correct Option: The High Court. Section 2(1)(e) of the Arbitration and Conciliation Act, 1996, defines "Court." In the case of an international commercial arbitration, "Court" means the High Court exercising ordinary original civil jurisdiction. For other arbitrations, it refers to the principal Civil Court of original jurisdiction.

Question 29

An order refusing to refer the parties to arbitration under Section 8 of the Arbitration and Conciliation Act, 1996 is appealable under:

Accepted Answer

Correct Option: Section 37 of the Act. Section 37(1)(a) of the Arbitration and Conciliation Act, 1996, specifically provides for an appeal against an order refusing to refer the parties to arbitration under Section 8 of the Act.

Question 30

The provisions for removal and suspension of any member or Chairperson of a Panchayati Raj Institution under the Rajasthan Panchayati Raj Act, 1994 are contained in:

Accepted Answer

Correct Option: Section 39 of the Act. Section 39 of the Rajasthan Panchayati Raj Act, 1994, contains the provisions for the removal and suspension of any member or Chairperson or Deputy Chairperson of a Panchayati Raj Institution.

Question 31

Under section 10 of the Indian Partnership Act, 1932 every partner is under a duty:

Accepted Answer

Correct Option: To indemnify the firm for any loss caused to it by his fraud in the conduct of the business of the firm. Section 10 of the Indian Partnership Act, 1932, specifically imposes a duty on every partner to indemnify the firm for any loss caused to it by his fraud in the conduct of the business of the firm.

Question 32

Under Sale of Goods Act, 1930, movable good does not include:

Accepted Answer

Correct Option: Money. Section 2(7) of the Sale of Goods Act, 1930, defines "goods" as every kind of movable property other than actionable claims and money. It explicitly includes stock and shares, growing crops, and grass. Therefore, money is not included in the definition of "movable good" for the purpose of this Act.

Question 33

In a suit against a Corporation, the summons may be served on:

Accepted Answer

Correct Option: Principal officer of the corporation. As per Order XXIX Rule 2 of the Code of Civil Procedure, 1908, in a suit against a corporation, the summons may be served on the secretary, or on any director, or other principal officer of the corporation. Serving on any employee or a relative of a director is not sufficient.

Question 34

The offences under Section 66B, 66C, 66D and 66E of Information Technology Act, 2000, are:

Accepted Answer

Correct Option: None of the above. Offences under Sections 66B, 66C, 66D, and 66E of the Information Technology Act, 2000, are punishable with imprisonment up to three years. As per the First Schedule of the Code of Criminal Procedure, 1973, offences punishable with imprisonment for less than three years are generally non-cognizable and bailable. Therefore, none of the options (Cognizable, Sessions Triable, Non-bailable) accurately describe these offences.

Question 35

A complainant, of a Magistrate triable case instituted upon a complaint, can challenge the Judgment of acquittal passed by the competent court, by filing:

Accepted Answer

Correct Option: Application for grant of leave to appeal in the High Court. As per Section 378(4) of the Code of Criminal Procedure, 1973, in a case instituted upon a complaint, if the accused is acquitted, the complainant can challenge the judgment of acquittal by presenting an application to the High Court for special leave to appeal from the order of acquittal.

Question 36

An Information, supplied by an accused under Section 27 of the Evidence Act, shall be recorded:

Accepted Answer

Correct Option: None of the above. Section 27 of the Indian Evidence Act, 1872, which deals with the discovery of facts from information given by an accused, does not prescribe any specific procedural requirement for recording such information, such as the presence of Panch witnesses, a Gazetted Officer, or police officers. The admissibility under Section 27 depends on whether the information actually leads to the discovery of a fact, not on the manner of its recording.

Question 37

While assessing age of a person under the Juvenile Justice (care and protection of children) Act, 2015, the Court/Board Is required to consider the documents/evidence In the following order of preference:

Accepted Answer

Correct Option: (i) Birth Certificate issued from the school/matriculation certificate (ii) Date of birth certificate issued by the Municipality. Section 94(2) of the Juvenile Justice (Care and Protection of Children) Act, 2015, prescribes the order of preference for age determination. The primary document is the date of birth certificate from the school or matriculation certificate. In its absence, the birth certificate issued by a corporation, municipal authority, or panchayat is considered. Only in the absence of both these documents is an ossification test or other medical age determination test used. Option (3) correctly reflects the first two preferences in the statutory order.

Question 38

Which of the following orders may not be passed by the Juvenile Justice Board after conducting inquiry of a child in conflict with law:

Accepted Answer

Correct Option: Sentence the child to imprisonment till he attains 18 years of age. The Juvenile Justice (Care and Protection of Children) Act, 2015, is based on the principle of rehabilitation and reform, not punitive punishment. Section 18 of the Act lists various orders the Juvenile Justice Board can pass, which include directing the child to attend school, vocational training, or perform community service. However, the Act explicitly prohibits sentencing a child to imprisonment.

Question 39

A Children Court trying a child in conflict with law for a heinous offence, is not empowered to:

Accepted Answer

Correct Option: Hold inquiry of the child as a Juvenile Justice Board. Under the Juvenile Justice (Care and Protection of Children) Act, 2015, the Juvenile Justice Board (JJB) conducts the preliminary assessment and inquiry for a child in conflict with law. If the JJB determines that a child above 16 years who has committed a heinous offence should be tried as an adult, it transfers the case to the Children's Court. The Children's Court then proceeds with the trial as an adult and has powers to pass sentences, including sending the child to a place of safety or imprisonment (excluding death or life imprisonment). However, the Children's Court itself does not conduct the initial inquiry in the manner of a JJB.

Question 40

Where, after inquiry under Section 15 of the Juvenile Justice (care and protection of children) Act, 2015, the Juvenile Justice Board is satisfied that a child above 16 years of age, has committed a heinous offence and should be tried as an adult, it may:

Accepted Answer

Correct Option: Transfer the case to the Children Court for trial of the child as an adult. As per Section 15(3) of the Juvenile Justice (Care and Protection of Children) Act, 2015, if the Juvenile Justice Board, after conducting a preliminary assessment, is satisfied that a child above 16 years of age who has committed a heinous offence should be tried as an adult, it shall transfer the case to the Children's Court having jurisdiction to try such offences.

Question 41

A private vehicle proceeding on a Highway, suspected to be carrying psychotropic drugs, may be searched by:

Accepted Answer

Correct Option: All of the above. Under Section 43 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985, any officer of the departments mentioned in Section 42 (which includes police officers) can, without any warrant or authorization, seize any narcotic drug or psychotropic substance found in any public place or in transit, and also search any person or conveyance. A highway is a public place. Therefore, a Head Constable, a Sub-Inspector, or a Deputy Superintendent of Police (or officer-in-charge of a police station) are all empowered to conduct such a search.

Question 42

Before searching a suspect carrying a bag containing narcotic drugs in his hand, the Officer concerned is required to apprise him of his right to be searched in the presence of:

Accepted Answer

Correct Option: A Magistrate or a Gazetted Officer. Section 50 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985, mandates that when an officer is about to search any person, he must inform the person of their right to be searched in the presence of a Gazetted Officer or a Magistrate, if the person so desires.

Question 43

A vehicle, container or a receptacles used for commission of an offence punishable under the NDPS Act, 1985, shall not be liable to be confiscated:

Accepted Answer

Correct Option: If the owner proves that the vehicle was used in commission of the offence without his knowledge or connivance. Section 60(3) of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985, provides an exception to the confiscation of a conveyance. A vehicle used in the commission of an offence under the Act shall not be liable to be confiscated if the owner proves that it was used without his knowledge or connivance, or without the knowledge or connivance of his agent, and that he had taken all reasonable precautions against such use.

Question 44

A being the owner of a plot of land, sells the same to B through a registered sale deed in the year 2005. B however does not make full payment to A. A again sells the same land to C in the year 2010 without informing him of the earlier transaction of 2005. Who would be the person aggrieved in these

Accepted Answer

Correct Option: C (the subsequent purchaser). When A sold the land to B through a registered sale deed in 2005, the title to the property legally passed to B, irrespective of whether full payment was made. A's subsequent sale of the same land to C in 2010 is invalid because A no longer had title to transfer. Therefore, C, the subsequent purchaser, is the aggrieved party as he paid for a property to which he did not acquire valid legal title. B, the first purchaser, holds the valid title and can sue A for the remaining payment if any.

Question 45

The bail application rejected by the Special Judge, SC/ST (Prevention of Atrocities) Act, in a case involving offence/s under the said Act, may be challenged in the High Court, by filing:

Accepted Answer

Correct Option: An appeal. Section 14A of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (as amended), provides for a direct appeal to the High Court against any judgment, sentence, or order (not being an interlocutory order) of a Special Court or an Exclusive Special Court. An order rejecting a bail application is considered an appealable order under this provision, as clarified by the Supreme Court.

Question 46

X knows that Y is a member of Scheduled Caste community. During the course of a free fight, X inflicts a grievous injury to Y by a sharp weapon. X is guilty of offence punishable under Section(s):

Accepted Answer

Correct Option: 326 IPC and 3(2)(V) of SC/ST (Prevention of Atrocities) Act. X is guilty of voluntarily causing grievous hurt by dangerous weapons or means, which is an offence punishable under Section 326 of the Indian Penal Code. Additionally, since X knows that Y is a member of the Scheduled Caste community and commits a scheduled offence (grievous hurt is a scheduled offence under the SC/ST Act) against him, Section 3(2)(va) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, would also be attracted. The phrase "during the course of a free fight" does not automatically negate the applicability of the SC/ST Act if the knowledge of caste is present and a scheduled offence is committed.

Question 47

A woman aged 30 years and her son aged 14 years, are witnesses to a murder. Their statements under Section 161 Cr.P.C. may be recorded by the Police Officer concerned at:

Accepted Answer

Correct Option: The place where, such woman and her son reside. The proviso to Section 160(1) of the Code of Criminal Procedure, 1973, specifically states that a woman or a male person under the age of fifteen years shall not be required to attend at any place other than the place in which such woman or male person resides, for the purpose of recording their statements by a police officer. Therefore, the statements of the 30-year-old woman and her 14-year-old son must be recorded at their place of residence.

Question 48

In which of the following cases, the Court is required to record evidence before framing of charge:

Accepted Answer

Correct Option: Warrant cases instituted upon a complaint. In warrant cases instituted otherwise than on a police report (i.e., upon a complaint), Section 244 of the Code of Criminal Procedure, 1973, mandates that the Magistrate shall proceed to hear the complainant and take all such evidence as may be produced in support of the prosecution before framing a charge. If, after taking such evidence, the Magistrate finds grounds for presuming that the accused has committed an offence, a charge is then framed. In other types of trials, evidence is typically recorded after the charge is framed or the substance of the accusation is stated.

Question 49

Non-compliance of, which of the following orders passed under the Protection of Women from Domestic Violence Act, 2005, is an offence:

Accepted Answer

Correct Option: Protection order. Section 31 of the Protection of Women from Domestic Violence Act, 2005, specifically states that a breach of a "protection order" or an interim protection order by the respondent shall be an offence punishable under the Act. While non-compliance with other orders like maintenance, custody, or residence orders can have consequences (e.g., execution as a civil decree), the Act explicitly makes the breach of a protection order a criminal offence.

Question 50

Which of the following is a valid defence against an action in tort:

Accepted Answer

Correct Option: Act of God. 'Act of God' (vis major) is a valid defence in tort law. It refers to an event that is caused by the forces of nature, without any human intervention, and could not have been prevented by reasonable foresight and care. Mistake of fact is generally not a defence in tort, and minority might affect the degree of liability but is not a complete defence.

Question 51

Under provisions of Indian Succession Act, 1925 probate cannot be granted to:

Accepted Answer

Correct Option: A minor son. Under the Indian Succession Act, 1925, probate cannot be granted to a minor. If a minor is appointed as an executor, letters of administration with the will annexed will be granted to his guardian or to such other person as the Court thinks fit, until the minor has attained majority.

Question 52

Under the Hindu Adoptions and Maintenance Act, 1956 who among the following cannot be adopted:

Accepted Answer

Correct Option: Already adopted child. Section 10(ii) of the Hindu Adoptions and Maintenance Act, 1956 states that a person who has already been adopted cannot be adopted again.

Question 53

Two friends A and B were sleeping in a room which was bolted from Inside. In the morning, A is found murdered. Under which provision of the Evidence Act, prosecution can claim shifting of burden on B to prove the manner In which the murder took place:

Accepted Answer

Correct Option: Section 106 of the Evidence Act. Section 106 of the Indian Evidence Act, 1872, states that 'When any fact is especially within the knowledge of any person, the burden of proving that fact is upon him.' In this scenario, B was the only other person in the room with A, which was bolted from inside, making the circumstances of A's murder a fact especially within B's knowledge. Thus, the burden of proving the manner of murder shifts to B.

Question 54

An FIR in relation to the offence under Section 406 IPC is lodged on 1.1.2010. The Police conducts investigation and submits a negative Final Report in the Court concerned on 2.2.2012. The Court takes cognizance of the above offence on 3.3.2013. In these circumstances, which of the following is corr

Accepted Answer

Correct Option: The proceedings are barred by limitation. Section 406 IPC (Criminal Breach of Trust) is punishable with imprisonment up to three years. As per Section 468(2)(c) of the Cr.P.C., the period of limitation for taking cognizance of such an offence is three years. The FIR was lodged on 1.1.2010, and cognizance was taken on 3.3.2013, which is more than three years from the date of lodging the FIR (assuming the offence date is around the FIR date or earlier). Therefore, the proceedings are barred by limitation.

Question 55

C being the wife of B, has obtained a decree of separation from the competent Court but they are still living in the same premises. B subjects C to Intercourse. Their neighbour A watches the act and files an FIR. Which proposition is correct in these circumstances:

Accepted Answer

Correct Option: B is guilty of the offence punishable under Section 376B IPC. Section 376B of the Indian Penal Code specifically addresses sexual intercourse by a husband with his wife during separation. It states that whoever has sexual intercourse with his own wife, who is living separately from him under a decree of judicial separation or any other order of a competent Court, without her consent, shall be punished. Since C has obtained a decree of separation and B subjects her to intercourse, B is guilty under this section.

Question 56

5 persons take illegal possession of a field. The owner (the complainant party) of the field collects his supporters and goes to the field for ousting the trespassers therefrom. In the free fight, which ensues, the trespassers kill one person from the complainant side. All the accused can be convict

Accepted Answer

Correct Option: With the aid of section 149 of IPC. An assembly of five or more persons with a common object to take or retain illegal possession of property constitutes an unlawful assembly. When a member of such an assembly commits an offence (like murder) in prosecution of the common object, or an offence that the members knew was likely to be committed, all members of the unlawful assembly are deemed guilty of that offence by virtue of Section 149 of the IPC.

Question 57

The Investigating Officer conducting investigation of a case the Narcotic Drugs and Psychotropic Substances Act, 1985 collects the call details of the mobile phones held by the accused from whom, recovery of drug was effected and the conspirator, who supplied the drug. Such call details:

Accepted Answer

Correct Option: Can be used as substantive evidence to prove the charge of conspiracy. Call Detail Records (CDRs) are electronic evidence. If properly authenticated as per Section 65B of the Indian Evidence Act, 1872, they can be used as substantive evidence to establish communication patterns, association, and circumstantial evidence of conspiracy between the accused and the conspirator. They are not inadmissible, and their relevance is not solely dependent on recorded conversations.

Question 58

In a case involving the offence punishable under Section 304 Part II of IPC, the accused, is arrested and the prosecution fails to comply with the requirements of Section 167(2) Cr.P.C. The accused, who is a habitual offender, becomes entitled to compulsive bail on:

Accepted Answer

Correct Option: 91st day from the date of his arrest. Section 167(2) of the Cr.P.C. provides for default bail. For offences punishable with imprisonment for a term of ten years or more (including life imprisonment or death), the maximum period for investigation without filing a charge sheet is 90 days. Section 304 Part II IPC is punishable with imprisonment which may extend to ten years. Therefore, the accused becomes entitled to compulsive bail on the 91st day from the date of arrest if the investigation is not completed and charge sheet is not filed. The status of being a 'habitual offender' does not affect this statutory right.

Question 59

A Patwari while preparing a revenue record, Intentionally enters incorrect facts in the documents and signs & certifies the same with the intention of causing loss to the true owner of the land. The Patwari is guilty of:

Accepted Answer

Correct Option: Offence of creating false/forged documents punishable under Sections 467 and 468 IPC. The Patwari intentionally enters incorrect facts in a revenue record, signs, and certifies it with the intention of causing loss. This act constitutes 'making a false document' as defined under Section 464 of the IPC, which is an act of forgery (Section 463 IPC). Depending on the nature of the revenue record and the intent, it could fall under Section 467 (forgery of valuable security) or Section 468 (forgery for the purpose of cheating). Therefore, the Patwari is guilty of offences punishable under Sections 467 and 468 IPC.

Question 60

An accused aged 20 years, having no previous criminal conduct, charged for the offence under Section 304 IPC, is convicted by the trial court. In these circumstances:

Accepted Answer

Correct Option: The trial court may release the accused on probation. The Probation of Offenders Act, 1958, allows a court to release a person on probation for any offence not punishable with death or imprisonment for life (Section 4). While Section 304 IPC (Part I) can lead to life imprisonment, Section 304 IPC (Part II) is punishable with imprisonment up to ten years. The court has discretion to consider probation based on the facts and circumstances, especially considering the accused's age and lack of prior criminal conduct. It is not a mandate, but a discretionary power of the court.

Question 61

In which judgment, Hon'ble Supreme Court has laid down that the Police cannot refuse registration of an FIR on the ground of lack of jurisdiction:

Accepted Answer

Correct Option: Y. Abraham Ajith & Ors. v. Inspector of Police, Chennai & Ors.; AIR 2004 SC 4286. In Y. Abraham Ajith & Ors. v. Inspector of Police, Chennai & Ors., the Supreme Court held that a police officer cannot refuse to register an FIR on the ground of lack of territorial jurisdiction. The police station receiving information about a cognizable offence, even if it lacks territorial jurisdiction, is bound to register a 'Zero FIR' and then transfer it to the appropriate police station.

Question 62

In which judgment, under the Negotiable Instruments Act, 1881 the Hon'ble Supreme Court held that though compounding requires consent of both the parties, but even in absence of such consent, the Court can, in the Interest of justice, on being satisfied that the complainant has been duly compensated

Accepted Answer

Correct Option: Damodar S. Prabhu v. Sayyed Bala Lal H.; AIR 2010 SC 1907. In Damodar S. Prabhu v. Sayyed Bala Lal H., the Supreme Court provided comprehensive guidelines for compounding of offences under Section 138 of the Negotiable Instruments Act, 1881. The Court held that while compounding generally requires the consent of both parties, the courts have the discretion to close proceedings and discharge the accused in the interest of justice, even without explicit consent, if the complainant has been duly compensated.

Question 63

In which of the following judgments, the Hon'ble Supreme Court has laid down that the competent Magistrate can direct the Police to conduct thorough and fair Investigation into an FIR:

Accepted Answer

Correct Option: Sakiri Vasu v. State of U.P.; AIR 2008 SC 907. In Sakiri Vasu v. State of U.P., the Supreme Court extensively discussed the powers of a Magistrate under Section 156(3) of the Cr.P.C. and held that a competent Magistrate has wide powers to direct the police to conduct a thorough and fair investigation into an FIR, including further investigation, to ensure justice.

Question 64

In which judgment, the Hon'ble Supreme Court has laid down that a party, who is desirous of proving electronic evidence but does not have access to the device from which, the document was produced, is not required to produce and prove the certificate under Section 65B of the Evidence Act:

Accepted Answer

Correct Option: Shafi Mohd. v. State of Himachal Pradesh; SLP (Cri) No. 3202/2017, decided on 30.1.2018. In Shafi Mohammad v. State of Himachal Pradesh, the Supreme Court clarified the position regarding Section 65B of the Indian Evidence Act. It held that the requirement of a certificate under Section 65B(4) is procedural and can be relaxed in cases where the party producing the electronic evidence does not have custody or access to the device from which the document was produced. In such situations, secondary evidence can be led without the certificate, provided other conditions for admissibility are met.

Rajasthan Judicial pre 2018

100 Questions Available

Rajasthan Judicial pre 2018

100 Questions Available

Question 1: A woman subjected to rape, gives a statement under Section 164 Cr.P.C. implicating the accused for the offence. She commits suicide sometime later but

Question 2: Which of the following is not a 'Public Utility Service' for the purpose of the Legal Services Authority Act, 1987:

Question 3: In a case where a party is added or substituted owing to assignment or devolution of any interest during the pendency of a suit, the suit shall be reg

Question 4: As per Schedule for compensation for third party fatal accidents under Section 163A of the Motor Vehicles Act, 1988 the amount of compensation arrived

Question 5: For an instrument of gift of Immovable property, under the Registration Act, 1908:

Question 6: Where the time limit of a lease is of a year or number of years, which is expressed to be determinable before its expiration, and the lease omits to m

Question 7: The maxim 'Actus curiae neminem gravabit' means:

Question 8: Which of the following is not an internal aid to the construction or interpretation of statute:

Question 9: Iddat period, in case of a divorced woman, if she is subject to menstruation, means:

Question 10: For the purpose of Rajasthan Relief of Agricultural Indebtness Act, 1957, the term 'agriculture' does not include:

Question 11: Any person aggrieved by an order made by the Collector (Stamps) can apply for a revision under Section 65 of the Rajasthan Stamp Act, 1998, before:

Question 12: The Supreme Court of India in the exercise of Its Jurisdiction may make such order as is necessary for doing complete justice in any case, such power

Question 13: In which judgement Hon'ble Supreme Court has held Right to Privacy to be a Fundamental Right:

Question 14: When a marriage has been dissolved by a decree of divorce under Hindu Marriage Act, 1955 and there is a right of appeal, the divorced persons may marr

Question 15: Promissory estoppel is the extension of principle contained in which provision of the Evidence Act:

Question 16: Prior to the Hindu Succession (Amendment) Act, 2005 coming into force, who amongst the following was not Class I heir or male Hindu dying intestate:

Question 17: Under which provision of Rajasthan Land Revenue Act, 1956, a person without lawful authority occupying land, which is at the disposal of local authori

Question 18: 'Decree', as defined by Section 2 of the Code of Civil Procedure, 1908 does not include;

Question 19: Against a decree passed in a suit after recording a compromise an appeal on the ground that the compromise should not have been recorded, can be filed

Question 20: Chapter II and III of Rajasthan Rent Control Act, 2001 applies to:

Question 21: A suit against a municipality or its officers can be instituted otherwise than for the recovery of immovable property or for a declaration of title th

Question 22: The grant of and transfer of licences is governed by:

Question 23: Under Rajasthan Court fees and Suits Valuation Act, 1961, all questions arising on a plea that the subject matter of the suit has not been properly va

Question 24: Which of the contract is not specifically enforceable:

Question 25: The power of review on the Board of Revenue and other revenue courts is conferred by which provision of the Rajasthan Tenancy Act, 1955:

Question 26: Which of the following is not a negotiable Instrument:

Question 27: Under the General Rules (Civil), 1986 all pleadings, applications and petitions filed in the course of civil judicial proceedings, shall be written in

Question 28: Under the Arbitration and Conciliation Act, 1996, in the case of international commercial arbitration 'Court' means:

Question 29: An order refusing to refer the parties to arbitration under Section 8 of the Arbitration and Conciliation Act, 1996 is appealable under:

Question 30: The provisions for removal and suspension of any member or Chairperson of a Panchayati Raj Institution under the Rajasthan Panchayati Raj Act, 1994 ar

Question 31: Under section 10 of the Indian Partnership Act, 1932 every partner is under a duty:

Question 32: Under Sale of Goods Act, 1930, movable good does not include:

Question 33: In a suit against a Corporation, the summons may be served on:

Question 34: The offences under Section 66B, 66C, 66D and 66E of Information Technology Act, 2000, are:

Question 35: A complainant, of a Magistrate triable case instituted upon a complaint, can challenge the Judgment of acquittal passed by the competent court, by fil

Question 36: An Information, supplied by an accused under Section 27 of the Evidence Act, shall be recorded:

Question 37: While assessing age of a person under the Juvenile Justice (care and protection of children) Act, 2015, the Court/Board Is required to consider the do

Question 38: Which of the following orders may not be passed by the Juvenile Justice Board after conducting inquiry of a child in conflict with law:

Question 39: A Children Court trying a child in conflict with law for a heinous offence, is not empowered to:

Question 40: Where, after inquiry under Section 15 of the Juvenile Justice (care and protection of children) Act, 2015, the Juvenile Justice Board is satisfied tha

Question 41: A private vehicle proceeding on a Highway, suspected to be carrying psychotropic drugs, may be searched by:

Question 42: Before searching a suspect carrying a bag containing narcotic drugs in his hand, the Officer concerned is required to apprise him of his right to be s

Question 43: A vehicle, container or a receptacles used for commission of an offence punishable under the NDPS Act, 1985, shall not be liable to be confiscated:

Question 44: A being the owner of a plot of land, sells the same to B through a registered sale deed in the year 2005. B however does not make full payment to A. A

Question 45: The bail application rejected by the Special Judge, SC/ST (Prevention of Atrocities) Act, in a case involving offence/s under the said Act, may be cha

Question 46: X knows that Y is a member of Scheduled Caste community. During the course of a free fight, X inflicts a grievous injury to Y by a sharp weapon. X is

Question 47: A woman aged 30 years and her son aged 14 years, are witnesses to a murder. Their statements under Section 161 Cr.P.C. may be recorded by the Police O

Question 48: In which of the following cases, the Court is required to record evidence before framing of charge:

Question 49: Non-compliance of, which of the following orders passed under the Protection of Women from Domestic Violence Act, 2005, is an offence:

Question 50: Which of the following is a valid defence against an action in tort: