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Odisha Civil Judge practice questions

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Question 1Law (Civil, Criminal and Procedural Law)

Under the Bharatiya Nyaya Sanhita, 2023, the general exception of mistake of fact applies when the mistake is one of fact and not of law. Which statement best captures the scope of this protection?

  1. It protects an accused who acts on a mistaken belief that no court has jurisdiction over the offence.
  2. It protects an accused who, in good faith and under a mistake of fact, believes himself justified by law in doing an act. Correct answer.
  3. It protects an accused who consciously disregards a statutory prohibition on the ground that the statute is unjust.
  4. It protects an accused who acts on erroneous legal advice about the meaning of a penal provision.

Explanation

The exception covers acts done under a bona fide mistake of fact, including a mistaken belief that the act is justified by law. Ignorance or mistake of law is expressly excluded, so erroneous views about a statute's meaning or a court's jurisdiction give no protection.

Question 2Law (Civil, Criminal and Procedural Law)

A person is charged with criminal conspiracy under the Bharatiya Nyaya Sanhita, 2023. Which combination is required to establish the offence?

  1. A common intention formed at the scene of the crime, inferred from the conduct of the participants.
  2. An agreement between two or more persons to do an illegal act, or to do a lawful act by illegal means, with no overt act needed where the object itself is illegal. Correct answer.
  3. A meeting of minds between the accused and a police decoy, even if the decoy never intends to commit the crime.
  4. An agreement between two or more persons to do an illegal act, or to do a lawful act by illegal means, plus an overt act in every case.

Explanation

Conspiracy requires an agreement between two or more persons to commit an illegal act or to accomplish a lawful act by unlawful means. Where the object of the agreement is itself an offence, the agreement alone suffices; an overt act is required only where the object is lawful but the means are illegal.

Question 3Law (Civil, Criminal and Procedural Law)

In a trial before a Court of Session, the accused pleads guilty. Which course is legally correct?

  1. The court must record the plea and convict the accused without taking any evidence whatsoever.
  2. The court must reject a guilty plea in every session trial and proceed to a full trial.
  3. The court must refer the plea to the High Court for confirmation before recording a conviction.
  4. The court may convict on the plea, but it retains discretion to require evidence and must be satisfied that the plea is voluntary. Correct answer.

Explanation

A Court of Session may convict on a plea of guilty, but the plea must be recorded carefully and the court must be satisfied that it is voluntary and unambiguous. The court is not bound to convict mechanically and may require evidence where the circumstances demand caution.

Question 4Law (Civil, Criminal and Procedural Law)

Under the Bharatiya Sakshya Adhiniyam, 2023, which statement about the evidentiary value of a confession made to a police officer during investigation is correct?

  1. It is admissible only where the accused is subsequently identified by two independent witnesses.
  2. It is admissible if the police officer deposes to it on oath in court.
  3. It is not admissible, but so much of the information as leads distinctly to the discovery of a fact may be proved. Correct answer.
  4. It is admissible as substantive evidence if recorded in writing and signed by the accused.

Explanation

A confession to a police officer is excluded to prevent coercion, but the portion of information that distinctly leads to the discovery of a fact may be proved. That discovered fact, and the information so far as it relates to the discovery, becomes admissible.

Question 5Law (Civil, Criminal and Procedural Law)

A plaintiff sues for specific performance of a contract for sale of immovable property. Which relief is the court to grant under the Specific Relief Act, 1963, as a general rule?

  1. Damages only, since the court never compels a party to execute a sale deed.
  2. Specific performance, since the breach of a contract to transfer immovable property cannot ordinarily be adequately relieved by compensation. Correct answer.
  3. Specific performance only if the defendant consents to execute the deed.
  4. Specific performance only if the plaintiff proves that the property has unique sentimental value.

Explanation

The Act treats the breach of a contract to transfer immovable property as one that cannot ordinarily be adequately relieved by compensation. Specific performance is therefore the rule, subject to the statutory bars and the court's discretion.

Question 6Law (Civil, Criminal and Procedural Law)

A suit is instituted against a minor defendant. Which statement about the appointment of a guardian ad litem is correct?

  1. No guardian need be appointed if the minor fails to appear.
  2. The court must appoint the father as guardian ad litem in every case irrespective of his interest.
  3. The court appoints a guardian ad litem after notice to the proposed guardian, and the minor's interests must be protected throughout. Correct answer.
  4. The plaintiff may act as the minor's guardian ad litem by consent.

Explanation

Order XXXII of the Code of Civil Procedure requires the court to appoint a proper person as guardian ad litem for a minor defendant after notice. The appointment is made to safeguard the minor's interests, and the court retains control over the choice.

Question 7Law (Civil, Criminal and Procedural Law)

Under the Code of Civil Procedure, 1908, a plaint may be rejected at any stage of the suit. Which ground is expressly available for rejection?

  1. The defendant has a strong counterclaim against the plaintiff.
  2. The suit appears from the statement in the plaint to be barred by any law. Correct answer.
  3. The plaintiff resides outside the territorial jurisdiction of the court.
  4. The plaintiff has claimed an excessive amount as damages.

Explanation

Order VII Rule 11 permits rejection where the plaint discloses no cause of action, where the relief is undervalued, where the plaint is insufficiently stamped, or where the suit appears from the plaint itself to be barred by law. The bar must appear on the plaint's own statements.

Question 8Law (Civil, Criminal and Procedural Law)

A decree is passed ex parte against a defendant who was served but did not appear. Within what period must an application to set aside the ex parte decree ordinarily be made?

  1. One year from the date of the decree.
  2. Ninety days from the date of the decree.
  3. Sixty days from the date of the decree.
  4. Thirty days from the date of the decree. Correct answer.

Explanation

Order IX Rule 13 requires an application to set aside an ex parte decree to be made within thirty days from the date of the decree. The court may condone delay where sufficient cause is shown.

Question 9Law (Civil, Criminal and Procedural Law)

Which court has jurisdiction to entertain an application for anticipatory bail under the Bharatiya Nagarik Suraksha Sanhita, 2023?

  1. Only the Court of Session.
  2. Only the High Court.
  3. Only the court of the Magistrate having territorial jurisdiction.
  4. The Court of Session or the High Court. Correct answer.

Explanation

The provision empowers the Court of Session and the High Court to grant anticipatory bail to a person apprehending arrest. A Magistrate has no power to grant pre-arrest bail under this provision.

Question 10Law (Civil, Criminal and Procedural Law)

A police officer investigating a cognizable offence wishes to search a premises without a warrant. Which condition is legally essential?

  1. The search must be conducted only during daylight hours in every case.
  2. The officer must be accompanied by the informant in all searches.
  3. The officer must have reasonable grounds to believe that a search is necessary for the investigation, and the search must be recorded as required. Correct answer.
  4. Prior permission of the Magistrate must be obtained in every case.

Explanation

A search without warrant is permitted where the investigating officer has reasonable grounds to believe that anything necessary for the investigation will be found, subject to the recording and procedural safeguards. The belief must be reasonable and the search documented.

Question 11Law (Civil, Criminal and Procedural Law)

A dying declaration is sought to be proved in a murder trial. Which statement about its evidentiary status is correct?

  1. It is inadmissible unless it is recorded by a Magistrate in question-answer form.
  2. It is admissible even if not recorded by a Magistrate, provided it is proved and the court is satisfied it is voluntary and truthful. Correct answer.
  3. It can be the sole basis of conviction only if corroborated by an eyewitness.
  4. It is inadmissible if the declarant survived and later died after several days.

Explanation

A dying declaration is admissible as an exception to the hearsay rule and need not be recorded by a Magistrate. The court must be satisfied that it is voluntary and true; corroboration is not a legal requirement for conviction.

Question 12Law (Civil, Criminal and Procedural Law)

In a suit for partition of joint family property, which party bears the burden of proving that a particular item is joint family property?

  1. The plaintiff who asserts that the property is joint and available for partition. Correct answer.
  2. Neither party, since joint family property is presumed until the contrary is proved by the defendant.
  3. The defendant, since he resists partition.
  4. The court, which must independently inquire into the nature of the property.

Explanation

The general rule is that a party asserting that property is joint family property must prove it. Where the property stands in the name of a defendant, the plaintiff must establish that it is joint despite the title.

Question 13Law (Civil, Criminal and Procedural Law)

A witness turns hostile during trial. Which course is open to the party who called the witness?

  1. The party may immediately withdraw the witness and call a substitute witness to the same fact.
  2. The party may request the court to treat the witness's entire testimony as conclusive.
  3. The party may seek the court's permission to put leading questions and cross-examine the witness as adverse. Correct answer.
  4. The party may ask the court to commit the witness for perjury without any further inquiry.

Explanation

With the court's permission, a party may cross-examine its own witness who has turned hostile, putting leading questions and testing the earlier statement. The court exercises control over the permission and the scope of such cross-examination.

Question 14Law (Civil, Criminal and Procedural Law)

Under the Limitation Act, 1963, when does a fresh period of limitation begin for a suit on an acknowledgment of liability?

  1. From the date the acknowledgment is registered.
  2. From the date of the original cause of action.
  3. From the date of the acknowledgment, provided it is made in writing and signed before the limitation expires. Correct answer.
  4. From the date the creditor first demands payment after the acknowledgment.

Explanation

Section 18 of the Limitation Act gives a fresh period of limitation from the date of a written and signed acknowledgment of liability made before the expiry of the prescribed period. The acknowledgment must relate to the existing liability.

Question 15Law (Civil, Criminal and Procedural Law)

A contract is entered into by a person who, at the time, is unable to understand its terms because of unsoundness of mind. What is the legal position under the Indian Contract Act, 1872?

  1. The contract is voidable at the option of the other party.
  2. The contract is voidable at the option of the person of unsound mind.
  3. The contract is void. Correct answer.
  4. The contract is valid if the consideration is adequate.

Explanation

For a valid contract, each party must be of sound mind at the time of contracting. A person incapable of understanding the contract and forming a rational judgment about its effect on his interests cannot contract, and the agreement is void.

Question 16Law (Civil, Criminal and Procedural Law)

A agrees to sell his house to B, but before the sale is completed he sells and conveys the same house to C, who purchases in good faith without notice of the earlier agreement. What is B's remedy?

  1. B can compel specific performance against C, since the earlier agreement prevails.
  2. B can enforce specific performance against A, but cannot recover the house from C, and may claim damages. Correct answer.
  3. B can compel C to reconvey the house at the original price.
  4. B has no remedy at all, since the later sale extinguishes the earlier agreement.

Explanation

A subsequent bona fide purchaser for value without notice takes the property free of the earlier agreement. The prior agreement holder may sue the seller for specific performance or damages, but cannot displace the innocent later purchaser.

Question 17Law (Civil, Criminal and Procedural Law)

An offence punishable with imprisonment of three years is committed. Which statement about the power to take cognizance is correct?

  1. A Magistrate may take cognizance upon a complaint or a police report, subject to the statutory conditions. Correct answer.
  2. A Magistrate may take cognizance only upon a police report in every such case.
  3. A Magistrate may take cognizance only after sanction of the District Magistrate.
  4. A Magistrate may take cognizance only upon a complaint by the victim.

Explanation

A Magistrate may take cognizance of an offence on a complaint, on a police report, or on his own knowledge or information, subject to the statutory conditions. The mode of cognizance is not confined to a single source.

Question 18Law (Civil, Criminal and Procedural Law)

A person is convicted of an offence and sentenced to imprisonment. Which statement about the right to appeal is correct?

  1. An appeal is available only after the sentence has been undergone.
  2. An appeal lies only if the trial court certifies that the case involves a question of law.
  3. An appeal is a statutory right, available only where the law provides for it. Correct answer.
  4. An appeal is a natural right available in every criminal case regardless of the statute.

Explanation

The right to appeal is not a natural right but a creature of statute. It exists only where a statute confers it, and the forum, period, and conditions are governed by that statute.

Question 19Law (Civil, Criminal and Procedural Law)

A suit is filed in a court that lacks pecuniary jurisdiction. What is the correct course for the court?

  1. It must transfer the suit to the proper court on its own motion in every case.
  2. It must try the suit and decide the issue of jurisdiction as a preliminary issue on the merits.
  3. It must dismiss the suit as barred by limitation.
  4. It must return the plaint for presentation to the proper court. Correct answer.

Explanation

Where a court lacks pecuniary or territorial jurisdiction, it returns the plaint to the plaintiff for presentation before the proper court. Lack of jurisdiction is not a matter to be cured by deciding the case on merits.

Question 20Law (Civil, Criminal and Procedural Law)

In a criminal trial, the accused is not represented by counsel and the offence is punishable with death. Which statement is correct?

  1. The trial may proceed without counsel if the accused declines legal aid.
  2. The court must inform the accused of the right to legal aid and, where necessary, provide counsel at State expense. Correct answer.
  3. The trial must be stayed indefinitely until the accused arranges private counsel.
  4. The court may appoint the prosecutor to assist the accused as amicus.

Explanation

Where the accused faces a grave charge and is unrepresented, the court must ensure that he is informed of his right to free legal aid and, if he lacks means, provide counsel at State expense. This is a facet of the right to a fair trial.

Question 21Law (Civil, Criminal and Procedural Law)

Under the Bharatiya Nyaya Sanhita, 2023, which statement about the offence of theft is correct?

  1. The property may be immovable if the taking is dishonest.
  2. The property must be movable, taken without consent, with dishonest intention to take it out of the owner's possession. Correct answer.
  3. The taking must be permanent in the sense that the owner is forever deprived.
  4. The taking must be by force or threat in every case.

Explanation

Theft requires the dishonest taking of movable property out of the possession of a person without that person's consent. Immovable property cannot be the subject of theft, and force is not an ingredient.

Question 22Law (Civil, Criminal and Procedural Law)

A person is arrested without a warrant. Which statement about production before a Magistrate is correct?

  1. The arrested person may be kept in police custody for seven days before the first production.
  2. The arrested person must be produced only after the investigation is complete.
  3. The arrested person must be produced before a Magistrate within twenty-four hours of arrest, excluding the time necessary for the journey. Correct answer.
  4. The arrested person must be produced before the Superintendent of Police, not a Magistrate.

Explanation

The Constitution and the criminal procedure code require that an arrested person be produced before the nearest Magistrate within twenty-four hours of arrest, excluding the time necessary for the journey. Detention beyond that period without magisterial order is illegal.

Question 23Law (Civil, Criminal and Procedural Law)

A compromise is reached between the parties in a pending criminal case. Which statement about the effect of a valid compromise is correct?

  1. The court may permit compounding only where the offence is compoundable, and the composition has the effect of acquittal. Correct answer.
  2. The compromise operates as a pardon granted by the complainant.
  3. The court must acquit the accused in every offence once a compromise is filed.
  4. The compromise is valid only if recorded by the police, not by the court.

Explanation

Only offences declared compoundable may be compounded, and where composition is validly made the accused stands acquitted. The court records the composition and the effect follows from the statute.

Question 24Law (Civil, Criminal and Procedural Law)

In a suit, the defendant raises a counterclaim against the plaintiff. Which statement about the counterclaim is correct?

  1. A counterclaim must be confined to the same cause of action as the suit.
  2. A counterclaim is treated as a plaint and the plaintiff must be given an opportunity to defend it. Correct answer.
  3. A counterclaim may be raised only in respect of a cause of action accruing before the filing of the written statement.
  4. A counterclaim cannot be raised if the plaintiff's suit is dismissed.

Explanation

A counterclaim is treated as a plaint for procedural purposes, and the plaintiff is entitled to file a written statement in defence to it. It need not arise from the same cause of action as the original suit.

Question 25Law (Civil, Criminal and Procedural Law)

A document is sought to be proved as a certified copy of a public document. Which statement about its admissibility is correct?

  1. A certified copy is admissible only in civil, not criminal, proceedings.
  2. A certified copy is admissible without calling the original, since public documents may be proved by certified copies. Correct answer.
  3. A certified copy is admissible only if attested by two witnesses.
  4. A certified copy is inadmissible unless the original is produced and proved by the custodian.

Explanation

Public documents may be proved by certified copies, and such copies are admissible without producing the original or calling the custodian. This is an exception to the general rule requiring primary evidence.

Question 26Law (Civil, Criminal and Procedural Law)

Under the Bharatiya Sakshya Adhiniyam, 2023, a confession made by an accused to a police officer while in police custody is generally inadmissible. Which proviso permits the use of so much of the statement as leads distinctly to the discovery of a fact?

  1. Section 162, which bars the use of any statement made to a police officer during investigation
  2. Section 23, which allows discovery of a fact to be proved so far as it relates distinctly to the fact discovered Correct answer.
  3. Section 25, which renders every confession to a police officer completely void
  4. Section 27, which makes the entire confessional statement admissible once discovery is shown

Explanation

The Bharatiya Sakshya Adhiniyam, 2023 retains the discovery rule: a confession or statement made in police custody, otherwise inadmissible, may be proved to the limited extent that it distinctly leads to the discovery of a fact. Only the portion connected with the discovery is admissible, not the whole confession.

Question 27Law (Civil, Criminal and Procedural Law)

A plaintiff files a suit valuing the relief at rupees five lakh, but the court finds on evidence that the real value is rupees fifty thousand, below its pecuniary jurisdiction. Which order is the court competent to pass under the Code of Civil Procedure, 1908?

  1. Dismiss the suit as not maintainable without any further direction
  2. Transfer the suit to the District Court for reassignment to a competent court
  3. Decree the suit on merits since the defendant did not object to valuation
  4. Return the plaint to be presented before the court having jurisdiction, with a direction on costs and time Correct answer.

Explanation

Where a court finds that it has no pecuniary or territorial jurisdiction, it returns the plaint under Order VII Rule 10 for presentation to the proper court. It does not dismiss the suit, which would bar a fresh suit on the same cause of action. The order may fix a date for re-presentation and costs.

Question 28Law (Civil, Criminal and Procedural Law)

Under the Bharatiya Nyaya Sanhita, 2023, which statement correctly describes the offence of criminal trespass?

  1. Entry is an offence only where the property belongs to the Government
  2. Entry upon property in the possession of another is an offence only if made with intent to commit an offence or to intimidate, insult or annoy Correct answer.
  3. Entry upon any open land without permission is punishable regardless of intent
  4. Entry upon property is an offence only if actual damage to property is caused

Explanation

Criminal trespass requires entry into or remaining upon property in the possession of another with one of the specified intents: to commit an offence, or to intimidate, insult or annoy the person in possession. Mere unauthorised entry without such intent is not criminal trespass, though it may give rise to civil liability.

Question 29Law (Civil, Criminal and Procedural Law)

In a civil suit, the plaintiff dies after the issues are framed but before evidence is recorded. Which statement about the abatement of the suit is correct?

  1. The suit abates automatically and cannot be revived in any circumstance
  2. The suit continues against the defendant in the name of the deceased plaintiff without substitution
  3. The suit abates unless the legal representatives apply within the time allowed by law for setting aside abatement Correct answer.
  4. The suit is dismissed on merits and a fresh suit is barred by res judicata

Explanation

Under Order XXII of the CPC, where a sole plaintiff dies and the right to sue survives, the suit does not abate if the legal representatives are brought on record within time. If no application is made within the limitation period, the suit abates, but abatement may be set aside for sufficient cause.

Question 30Law (Civil, Criminal and Procedural Law)

A Magistrate is trying a summons case. The accused pleads guilty. Which course is legally correct?

  1. The Magistrate cannot accept a plea of guilty in any summons case
  2. The Magistrate must always frame a formal charge and record full evidence before conviction
  3. The Magistrate must refer the case to the Sessions Court for acceptance of the plea
  4. The Magistrate must record the plea and may convict on it, but should exercise caution where the accused appears to misunderstand the charge Correct answer.

Explanation

In a summons case, the Magistrate may convict on a plea of guilty after recording it, provided the plea is voluntary and the accused understands the nature of the accusation. Where there is doubt about comprehension or the plea is ambiguous, the Magistrate should proceed to trial rather than convict summarily.

Question 31Law (Civil, Criminal and Procedural Law)

Under the Indian Contract Act, 1872, which agreement is a valid and enforceable contract of indemnity?

  1. A promises to indemnify B against loss caused by B's own deliberate fraud
  2. A promises to pay B a sum contingent on an uncertain event that is impossible from the outset
  3. A promises to indemnify B against loss arising from the future conduct of C in which A has no interest
  4. A promises to indemnify B against loss caused by the conduct of C, in the transaction to which A is a party Correct answer.

Explanation

A contract of indemnity is one by which one party promises to save the other from loss caused by the conduct of the promisor himself or of any other person. The promisor must have an interest in the transaction; indemnity against the future conduct of a third person in which the promisor has no interest savours of wager or is otherwise void.

Question 32Law (Civil, Criminal and Procedural Law)

In a criminal trial, the prosecution seeks to rely on a confession recorded by a Magistrate. Which requirement is essential for its admissibility?

  1. The confession must be signed by the accused's counsel as a witness
  2. The confession must be recorded in the presence of the investigating officer
  3. The confession must be recorded only after the charge is framed
  4. The Magistrate must warn the accused that he is not bound to confess and must record the confession in the manner prescribed, ensuring it is voluntary Correct answer.

Explanation

A confessional statement recorded by a Magistrate is admissible only if the Magistrate warns the accused that he is not bound to make it and that it may be used against him, and records it in the prescribed manner after satisfying himself of its voluntariness. The recording must be free from police influence.

Question 33Law (Civil, Criminal and Procedural Law)

Under the Specific Relief Act, 1963, a plaintiff seeks specific performance of a contract for sale of immovable property. Which statement about the relief is correct?

  1. The court must award damages in addition to specific performance in every case
  2. Specific performance is barred where the property is worth more than the consideration agreed
  3. Specific performance is a matter of course whenever the contract is in writing
  4. The court may refuse relief where the plaintiff has failed to aver and prove readiness and willingness to perform Correct answer.

Explanation

Section 16 of the Specific Relief Act requires the plaintiff to aver and prove that he has performed or is ready and willing to perform the essential terms of the contract. Failure to plead and prove readiness and willingness is fatal to the claim for specific performance.

Question 34Law (Civil, Criminal and Procedural Law)

A landlord obtains a decree for eviction against a tenant. The tenant deposits the decretal amount and files an appeal. Which statement about execution of the decree is correct?

  1. Mere filing of an appeal automatically stays execution of the decree
  2. The decree-holder must refund the amount before execution can proceed
  3. Execution can be stayed only by the Supreme Court
  4. The appellate court may stay execution on such terms as it thinks fit, including security Correct answer.

Explanation

Under Order XLI Rule 5 of the CPC, an appeal does not operate as a stay of execution, but the appellate court may order stay on sufficient cause being shown and on such terms as to security or otherwise as it deems fit. The power is discretionary and exercised to prevent irreparable injury.

Question 35Law (Civil, Criminal and Procedural Law)

Under the Bharatiya Nagarik Suraksha Sanhita, 2023, a Magistrate before whom an arrested person is produced may authorise detention in custody. Which statement about the maximum period of detention before a charge-sheet is correct?

  1. Detention in police custody cannot exceed fifteen days in the whole, and further detention is ordinarily in judicial custody subject to the statutory limits Correct answer.
  2. Detention may continue indefinitely if the investigation is complex
  3. Detention is permissible only for twenty-four hours in all cases
  4. Detention in police custody may extend to sixty days with the Magistrate's permission

Explanation

The BNSS retains the rule that police custody remand cannot exceed fifteen days in the whole, while judicial custody may continue within the statutory limits pending investigation. Beyond the permitted period, the accused is entitled to default bail if the charge-sheet is not filed.

Question 36Law (Civil, Criminal and Procedural Law)

In a suit for recovery of money, the defendant admits the claim in his written statement but disputes the rate of interest. Which order may the court pass?

  1. The court may pass judgment on admissions to the extent admitted and proceed to try the disputed interest Correct answer.
  2. The court must dismiss the suit because the claim is partly disputed
  3. The court must refer the entire dispute to arbitration
  4. The court cannot act until the plaintiff files a replication

Explanation

Under Order XII Rule 6 of the CPC, the court may, on the application of a party, pass judgment on admissions of fact made in pleadings or otherwise. The judgment is confined to the admitted portion, and the disputed issue of interest is decided at trial.

Question 37Law (Civil, Criminal and Procedural Law)

Under the Limitation Act, 1963, a suit for possession of immovable property based on title is governed by which period of limitation?

  1. Six years from the date of dispossession
  2. Twelve years from the date the defendant's possession becomes adverse Correct answer.
  3. Thirty years from the date of the plaintiff's title deed
  4. Three years from the date the cause of action arises

Explanation

A suit for possession of immovable property based on title is governed by Article 65 of the Limitation Act, which prescribes twelve years from the date on which the possession of the defendant becomes adverse to the plaintiff. The period runs from adverse possession, not from the date of the title document.

Question 38Law (Civil, Criminal and Procedural Law)

A party to a civil suit wishes to examine a witness who is unable to attend court because of illness. Which course is available under the Code of Civil Procedure, 1908?

  1. The witness's affidavit may be read as evidence without any order
  2. The party must abandon the witness and rely on documents alone
  3. The suit must be adjourned indefinitely until the witness recovers
  4. The court may issue a commission for the examination of the witness on interrogatories Correct answer.

Explanation

Order XXVI of the CPC empowers the court to issue a commission for the examination of a witness who is unable to attend court owing to illness or other sufficient cause. The commission examines the witness on interrogatories, and the deposition is read in evidence subject to the court's directions.

Question 39Law (Civil, Criminal and Procedural Law)

Under the Bharatiya Nyaya Sanhita, 2023, a person commits theft of a mobile phone from another's pocket. Which statement about the offence is correct?

  1. Theft requires that the property be taken with the use of force or threat
  2. Theft is committed when movable property is dishonestly taken out of the possession of another without consent and moved with intent to take it Correct answer.
  3. Theft requires that the property be taken without the owner's knowledge in every case
  4. Theft can be committed in respect of immovable property attached to the earth

Explanation

Theft under the BNS requires dishonest taking of movable property out of the possession of another without that person's consent, followed by moving the property with the intent to take it. The essence is dishonest intention and movement of movable property without consent.

Question 40Law (Civil, Criminal and Procedural Law)

In a criminal case, the accused seeks to prove that he was elsewhere at the time of the offence. Which statement about the plea of alibi is correct?

  1. Alibi can be established only by documentary evidence
  2. The burden of proving alibi lies on the prosecution beyond reasonable doubt
  3. The accused must prove alibi with such certainty as to exclude the possibility of his presence at the scene Correct answer.
  4. Alibi is a presumption of law and requires no evidence

Explanation

Alibi is a defence that the accused must establish, though not to the standard of proof beyond reasonable doubt; he must show it with sufficient certainty to exclude the possibility of his presence at the place of the offence. Once raised, the prosecution must still prove the accused's presence.

Question 41Law (Civil, Criminal and Procedural Law)

Under the Bharatiya Sakshya Adhiniyam, 2023, which statement about the proof of a document required by law to be attested is correct?

  1. It can be proved only by the Sub-Registrar's endorsement
  2. It may be proved by the mere production of the original without examining any attesting witness
  3. It must be proved by calling at least one attesting witness, if alive and subject to the process of the court Correct answer.
  4. It requires the examination of all attesting witnesses in every case

Explanation

Where a document is required by law to be attested, its execution must be proved by calling at least one attesting witness if one is alive and capable of attending. Exceptions apply, such as registered documents and cases where no attesting witness is available.

Question 42Law (Civil, Criminal and Procedural Law)

A person is accused of an offence punishable with imprisonment for life. He is arrested and produced before a Magistrate. Which statement about his right to legal aid is correct?

  1. Free legal aid is a constitutional right, and the court must inform him of it and provide counsel at State expense if he cannot afford one Correct answer.
  2. He has no right to free legal aid because the offence is serious
  3. The court may proceed without counsel if the accused remains silent
  4. Legal aid can be provided only if the accused applies in writing and pays a nominal fee

Explanation

Article 21 and Article 39A of the Constitution, read with the BNSS, guarantee free legal aid to an indigent accused. The court is obliged to inform the accused of this right and to provide counsel at State expense where he cannot engage one; failure vitiates the trial.

Question 43Law (Civil, Criminal and Procedural Law)

Under the Hindu Marriage Act, 1955, a petition for divorce by mutual consent requires that the parties have lived separately for a specified period. Which period is prescribed?

  1. One year immediately preceding the presentation of the petition Correct answer.
  2. Three years immediately preceding the presentation of the petition
  3. Two years immediately preceding the presentation of the petition
  4. Six months immediately preceding the presentation of the petition

Explanation

Section 13B of the Hindu Marriage Act permits divorce by mutual consent where the spouses have lived separately for a period of one year or more and have not been able to live together. They must also have agreed that the marriage should be dissolved.

Question 44Law (Civil, Criminal and Procedural Law)

In a suit, the plaintiff relies on a registered sale deed executed by the defendant. The defendant alleges that the deed is a forgery. Which statement about the evidentiary value of registration is correct?

  1. Registration is notice to the world but is not conclusive proof of execution Correct answer.
  2. Registration conclusively proves the genuineness of the document
  3. Registration renders the document immune from challenge in any court
  4. Registration is irrelevant to the question of execution

Explanation

Registration operates as constructive notice of the document and is evidence of its execution before the registering officer, but it is not conclusive proof of genuineness. The execution of a forged or fraudulent document may still be challenged by evidence.

Question 45Law (Civil, Criminal and Procedural Law)

A decree-holder applies for execution of a money decree after twelve years from the date of the decree. Which statement about maintainability is correct?

  1. Execution can be filed at any time because a decree never becomes time-barred
  2. Execution is barred after three years in every case
  3. Execution requires the permission of the appellate court after twelve years
  4. Execution is barred by limitation unless the decree-holder shows a subsequent acknowledgment or a fresh decree Correct answer.

Explanation

Under Article 136 of the Limitation Act, execution of a decree is barred after twelve years unless the decree-holder establishes an acknowledgment of liability or a subsequent decree extending the period. The period runs from the date of the decree or the date of the last acknowledgment.

Question 46Law (Civil, Criminal and Procedural Law)

Under the Bharatiya Nyaya Sanhita, 2023, which statement about the offence of extortion is correct?

  1. Extortion requires the delivery of property by the victim, induced by putting him in fear of injury Correct answer.
  2. Extortion requires the use of actual force against the victim
  3. Extortion can be committed only by a public servant
  4. Extortion is complete as soon as a threat is uttered, whether or not property is delivered

Explanation

Extortion is committed when a person intentionally puts another in fear of injury and thereby dishonestly induces him to deliver property or a valuable security. Delivery of property induced by fear is an essential ingredient; a mere threat without delivery is not extortion.

Question 47Law (Civil, Criminal and Procedural Law)

A civil court is asked to decide a dispute that is the subject matter of a pending arbitration proceeding between the same parties. Which statement is correct?

  1. The civil court must dismiss the suit as barred by res judicata
  2. The civil court must proceed because arbitration is not a bar to a suit
  3. The civil court must transfer the suit to the arbitral tribunal
  4. The civil court may refer the parties to arbitration on the application of a party, provided the arbitration agreement covers the dispute Correct answer.

Explanation

Under Section 8 of the Arbitration and Conciliation Act, 1996, a judicial authority before which an action is brought in a matter that is the subject of an arbitration agreement shall, on the application of a party, refer the parties to arbitration unless it finds that no valid arbitration agreement exists.

Question 48Law (Civil, Criminal and Procedural Law)

In a criminal trial, the defence seeks to impeach the credit of a prosecution witness by proving a previous contradictory statement. Which statement about this course is correct?

  1. The previous statement can be proved only after the witness is convicted of perjury
  2. The witness may be cross-examined on the contradiction and, if denied, the previous statement may be proved Correct answer.
  3. The prosecution must consent before the contradiction is put to the witness
  4. The previous statement is inadmissible for any purpose

Explanation

Under the law of evidence, a witness may be cross-examined as to previous statements made by him in writing relevant to the matter, and if the statement is denied, the contradictory portion may be proved. This goes to credit and does not require the witness's consent or a perjury conviction.

Question 49Law (Civil, Criminal and Procedural Law)

Under the Code of Civil Procedure, 1908, an ex parte decree is set aside on the defendant's application. Which statement about the effect of setting aside is correct?

  1. The suit is dismissed and a fresh suit is necessary
  2. The decree remains operative on the admitted portion only
  3. The plaintiff must file a new plaint
  4. The suit is restored to the stage it had reached before the ex parte decree, and the defendant may file a written statement if not already filed Correct answer.

Explanation

When an ex parte decree is set aside under Order IX Rule 13, the suit is restored to its position before the decree, and the proceedings continue from that stage. The defendant is permitted to file a written statement or participate in the trial as the case may be.

Question 50Law (Civil, Criminal and Procedural Law)

Under the Bharatiya Nagarik Suraksha Sanhita, 2023, a Magistrate may take cognizance of an offence on a complaint. Which statement about the examination of the complainant is correct?

  1. The Magistrate cannot take cognizance without the sanction of the Public Prosecutor
  2. The Magistrate must examine the complainant and witnesses on oath in every case before taking cognizance
  3. The Magistrate must refer every complaint to the police for investigation
  4. The Magistrate may take cognizance without examining the complainant if the complaint is in writing and the Magistrate is satisfied Correct answer.

Explanation

The BNSS permits a Magistrate to take cognizance of a complaint without examining the complainant on oath where the complaint is in writing and the Magistrate is satisfied that a prima facie case exists. Examination on oath is required only where the Magistrate proceeds to inquire into the case.