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Punjab PCS-J practice questions

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Question 1Preliminary Examination (objective screening)

Under the Bharatiya Nyaya Sanhita, 2023, the general exception of 'mistake of fact' does not apply to a mistake of law. Which provision of the Bharatiya Nyaya Sanhita, 2023 embodies this rule?

  1. Section 22 Correct answer.
  2. Section 20
  3. Section 17
  4. Section 14

Explanation

Section 22 of the Bharatiya Nyaya Sanhita, 2023 states that a person is not absolved from criminal liability merely because of a mistake of law, while a bona fide mistake of fact may excuse an act done in good faith. It corresponds to the old Section 76 principle that mistake of fact can negate mens rea but ignorance of law is no excuse.

Question 2Preliminary Examination (objective screening)

The Code of Civil Procedure, 1908 was amended to introduce the concept of 'case management' primarily through which amendment?

  1. The Code of Civil Procedure (Amendment) Act, 2002 Correct answer.
  2. The Code of Civil Procedure (Amendment) Act, 1999
  3. The Code of Civil Procedure (Amendment) Act, 1976
  4. The Commercial Courts Act, 2015

Explanation

The Code of Civil Procedure (Amendment) Act, 2002 inserted Order XVA and related provisions empowering courts to hold case management hearings to identify real issues and curb delays. The 1999 amendment mainly dealt with procedural reforms like time limits for filing written statements and adjournments.

Question 3Preliminary Examination (objective screening)

Under the Indian Evidence Act, 1872, which section makes a confession to a police officer inadmissible, but permits the portion leading to the discovery of a fact?

  1. Section 27 Correct answer.
  2. Section 25
  3. Section 26
  4. Section 24

Explanation

Section 27 of the Indian Evidence Act, 1872 provides that so much of the information received from an accused in custody as relates distinctly to the fact thereby discovered may be proved. Sections 25 and 26 render confessions to police officers and in police custody inadmissible, and Section 27 carves out the discovery exception.

Question 4Preliminary Examination (objective screening)

The Doctrine of Eclipse in Indian constitutional law was authoritatively laid down in which case?

  1. Kesavananda Bharati v. State of Kerala
  2. Bhikaji Narain Dhakras v. State of M.P. Correct answer.
  3. Golaknath v. State of Punjab
  4. A.K. Gopalan v. State of Madras

Explanation

Bhikaji Narain Dhakras v. State of M.P. (1955) applied the doctrine of eclipse, holding that a pre-constitutional law inconsistent with fundamental rights becomes dormant but is not dead and revives if the inconsistency is removed. The doctrine applies to pre-constitutional laws and not to post-constitutional laws violating Article 14.

Question 5Preliminary Examination (objective screening)

Under the Bharatiya Nagarik Suraksha Sanhita, 2023, within what period must a police officer forward the accused to the nearest Magistrate after arrest where the investigation cannot be completed within twenty-four hours?

  1. Within twelve hours
  2. Within seventy-two hours
  3. Within forty-eight hours
  4. Within twenty-four hours excluding journey time Correct answer.

Explanation

The Bharatiya Nagarik Suraksha Sanhita, 2023 retains the constitutional mandate under Article 22(2) that an arrested person must be produced before a Magistrate within twenty-four hours of arrest, excluding the time necessary for the journey. This ensures protection against arbitrary detention consistent with the earlier CrPC requirement.

Question 6Preliminary Examination (objective screening)

In the law of contracts, which section of the Indian Contract Act, 1872 defines 'consideration'?

  1. Section 2(a)
  2. Section 2(d) Correct answer.
  3. Section 25
  4. Section 10

Explanation

Section 2(d) of the Indian Contract Act, 1872 defines consideration as an act, abstinence or promise done at the desire of the promisor. It is a core element for a valid contract under Section 10, though exceptions exist under Section 25.

Question 7Preliminary Examination (objective screening)

Under the Hindu Marriage Act, 1955, which of the following is a ground for divorce available to the wife alone?

  1. Cruelty
  2. Adultery
  3. Wife having been raped by the husband after solemnisation of marriage Correct answer.
  4. Bigamy

Explanation

Section 13(2) of the Hindu Marriage Act, 1955 provides special grounds available only to the wife, including that the husband has committed rape on her after marriage or has engaged in acts of bestiality or sodomy. Cruelty, adultery and bigamy are grounds available to either spouse under Section 13(1).

Question 8Preliminary Examination (objective screening)

In the Code of Criminal Procedure's successor statute, the Bharatiya Nagarik Suraksha Sanhita, 2023, a Zero FIR may be registered at any police station regardless of territorial jurisdiction. Which statement best describes the legal position on Zero FIR under the BNSS?

  1. It must be converted into a regular FIR within seven days
  2. It has no statutory basis and exists only as executive practice
  3. It is expressly recognised under Section 173 of the BNSS Correct answer.
  4. It is available only in cases of sexual offences

Explanation

Section 173 of the Bharatiya Nagarik Suraksha Sanhita, 2023 provides for registration of information relating to a cognizable offence irrespective of the area where the offence is committed, enabling what is commonly called a Zero FIR. The FIR is then transferred to the police station having jurisdiction for investigation.

Question 9Preliminary Examination (objective screening)

The maxim 'res ipsa loquitur' is most closely associated with which branch of law in the Indian legal system?

  1. Criminal jurisprudence
  2. Constitutional law
  3. Law of contracts
  4. Law of torts Correct answer.

Explanation

Res ipsa loquitur, meaning 'the thing speaks for itself', is an evidentiary rule in the law of torts that allows negligence to be inferred from the very nature of the accident, shifting the burden to the defendant. It is commonly applied in cases like Byrne v. Boadle involving falling objects.

Question 10Preliminary Examination (objective screening)

Under the Bharatiya Sakshya Adhiniyam, 2023, electronic records are admissible as primary evidence in which situation?

  1. When the electronic record is produced from the device in which it was regularly kept Correct answer.
  2. Only when certified by a Magistrate
  3. Never, as electronic records are only secondary evidence
  4. Only when accompanied by oral testimony of the creator

Explanation

The Bharatiya Sakshya Adhiniyam, 2023 treats an electronic record produced from the device in which it was regularly kept as primary evidence, recognising the nature of digital storage. A certificate under the relevant provision is generally required for admissibility of electronic records in proceedings.

Question 11Preliminary Examination (objective screening)

Which Article of the Constitution of India provides for the establishment of Administrative Tribunals?

  1. Article 323A Correct answer.
  2. Article 226
  3. Article 323B
  4. Article 32

Explanation

Article 323A empowers Parliament to establish administrative tribunals for adjudication of disputes relating to recruitment and conditions of service of public servants. Article 323B deals with tribunals for other matters such as taxation, land reforms and elections.

Question 12Preliminary Examination (objective screening)

Under the Limitation Act, 1963, the period of limitation for a suit for recovery of possession of immovable property based on title is generally:

  1. Thirty years
  2. Six years
  3. Three years
  4. Twelve years Correct answer.

Explanation

Article 65 of the Schedule to the Limitation Act, 1963 prescribes twelve years from the date the possession of the defendant becomes adverse to the plaintiff for a suit for possession of immovable property based on title. This aligns with the twelve-year period for perfecting title by adverse possession.

Question 13Preliminary Examination (objective screening)

In the law of partnership under the Indian Partnership Act, 1932, a minor admitted to the benefits of partnership attains what status on attaining majority if he does not elect to become a partner?

  1. He becomes a partner automatically
  2. He continues only as a beneficiary
  3. He becomes a dormant partner
  4. He ceases to be a partner in the firm Correct answer.

Explanation

Section 30 of the Indian Partnership Act, 1932 provides that a minor admitted to the benefits of partnership must, within six months of attaining majority, elect whether to become a partner. If he fails to give public notice of his election, he becomes a partner, but where he elects not to become a partner, he ceases to be a partner.

Question 14Preliminary Examination (objective screening)

The principle that a confession made by an accused while in police custody is inadmissible unless made in the immediate presence of a Magistrate is contained in which section of the Indian Evidence Act, 1872?

  1. Section 30
  2. Section 27
  3. Section 26 Correct answer.
  4. Section 25

Explanation

Section 26 of the Indian Evidence Act, 1872 provides that no confession made by any person while in the custody of a police officer shall be proved against him, unless it is made in the immediate presence of a Magistrate. This safeguards against coerced confessions during custodial interrogation.

Question 15Preliminary Examination (objective screening)

Under the Specific Relief Act, 1963, specific performance of a contract may be enforced when:

  1. The contract is determinable in nature
  2. The act agreed to be done is such that compensation in money would not afford adequate relief Correct answer.
  3. The contract is for personal service
  4. The plaintiff has obtained compensation for its breach

Explanation

Section 10 of the Specific Relief Act, 1963, as amended in 2018, makes specific performance the general rule rather than an exception, and it is available where monetary compensation would not afford adequate relief. Contracts for personal service and contracts determinable in nature are expressly excluded under Section 14.

Question 16Preliminary Examination (objective screening)

In Indian constitutional law, the 'doctrine of pleasure' under Article 310 is subject to which constitutional safeguard for civil servants?

  1. Article 315
  2. Article 312
  3. Article 311 Correct answer.
  4. Article 320

Explanation

Article 310 lays down that civil servants hold office during the pleasure of the President or Governor, but Article 311 restricts this by requiring that no civil servant be dismissed or removed by an authority subordinate to the appointing authority, and only after an inquiry with reasonable opportunity of being heard. The pleasure doctrine thus operates within the limits of Article 311.

Question 17Preliminary Examination (objective screening)

Under the Negotiable Instruments Act, 1881, a cheque is defined as a bill of exchange drawn on a specified banker and payable:

  1. At sight after acceptance
  2. After six months
  3. On demand Correct answer.
  4. After three months

Explanation

Section 6 of the Negotiable Instruments Act, 1881 defines a cheque as a bill of exchange drawn on a specified banker and not expressed to be payable otherwise than on demand. The statutory validity period for presentment was reduced to three months by amendment, but the cheque remains payable on demand by definition.

Question 18Preliminary Examination (objective screening)

Which of the following is a correct statement about the territorial jurisdiction of a High Court under Article 226 of the Constitution of India?

  1. A High Court cannot issue writs against a person residing outside India
  2. A High Court may issue writs only to authorities located within its territorial jurisdiction
  3. A High Court may issue writs to an authority outside its territory if the cause of action arises within its territory Correct answer.
  4. A High Court's writ jurisdiction is co-extensive with that of the Supreme Court under Article 32

Explanation

Article 226(2), inserted by the 15th Amendment, provides that a High Court may issue directions to a person or authority outside its territorial jurisdiction if the cause of action, wholly or in part, arises within its jurisdiction. This was clarified in cases such as Kusum Ingots & Alloys Ltd. v. Union of India.

Question 19Preliminary Examination (objective screening)

Under the Bharatiya Nyaya Sanhita, 2023, the offence of 'snatching' has been introduced as a distinct offence. Which section defines it?

  1. Section 304
  2. Section 303 Correct answer.
  3. Section 309
  4. Section 305

Explanation

Section 303 of the Bharatiya Nyaya Sanhita, 2023 defines theft, and its sub-provision creates the distinct offence of snatching, where the offender suddenly seizes movable property from a person or their possession. The offence is punishable with imprisonment up to three years and fine.

Question 20Preliminary Examination (objective screening)

The rule in Rylands v. Fletcher, applied in Indian tort law, imposes liability for:

  1. Breach of a contractual warranty
  2. Negligent professional advice
  3. Defamation through publication
  4. Escape of a dangerous thing from land due to non-natural use Correct answer.

Explanation

Rylands v. Fletcher established strict liability for the escape of a dangerous substance brought onto land in the course of a non-natural use, causing damage to another. Indian courts, as in M.C. Mehta v. Union of India, have extended this principle into the doctrine of absolute liability for hazardous enterprises.

Question 21Preliminary Examination (objective screening)

Under the Indian Contract Act, 1872, which section deals with the doctrine of 'frustration' or supervening impossibility?

  1. Section 62
  2. Section 74
  3. Section 56 Correct answer.
  4. Section 73

Explanation

Section 56 of the Indian Contract Act, 1872 provides that an agreement to do an act impossible in itself is void, and a contract becomes void when the act becomes impossible or unlawful after the contract is made. This codifies the doctrine of supervening impossibility or frustration.

Question 22Preliminary Examination (objective screening)

Under the Hindu Succession Act, 1956, as amended in 2005, a daughter of a coparcener in a Hindu Undivided Family becomes a coparcener by birth in the same manner as a son. Which section introduced this change?

  1. Section 14
  2. Section 10
  3. Section 6 Correct answer.
  4. Section 8

Explanation

The Hindu Succession (Amendment) Act, 2005 substituted Section 6 of the Hindu Succession Act, 1956 to confer coparcenary status on daughters by birth, with equal rights and liabilities as a son. The Supreme Court in Vineeta Sharma v. Rakesh Sharma (2020) clarified that this right applies irrespective of whether the father was alive on the date of the amendment.

Question 23Preliminary Examination (objective screening)

In the Code of Civil Procedure, 1908, a decree may be executed by which court under Section 38?

  1. The court of the District Judge only
  2. Only the High Court
  3. The court that passed the decree or the court to which it is sent for execution Correct answer.
  4. Only the court that passed the decree

Explanation

Section 38 of the Code of Civil Procedure, 1908 provides that a decree may be executed either by the court which passed it or by the court to which it is sent for execution. This facilitates execution where the judgment-debtor or property lies outside the original court's jurisdiction.

Question 24Preliminary Examination (objective screening)

The maxim 'ignorantia juris non excusat' is best illustrated by which provision of the Bharatiya Nyaya Sanhita, 2023?

  1. Section 25 on act done by consent
  2. Section 22 on mistake of law Correct answer.
  3. Section 22 on mistake of fact
  4. Section 20 on intention

Explanation

Section 22 of the Bharatiya Nyaya Sanhita, 2023 embodies the maxim ignorantia juris non excusat by providing that a mistake of law does not excuse a person from criminal liability. A mistake of fact, however, may excuse an act done in good faith where the act would otherwise be an offence.

Question 25Preliminary Examination (objective screening)

Under the Bharatiya Sakshya Adhiniyam, 2023, the doctrine of 'dying declaration' is preserved. Which statement correctly states the rule for its admissibility?

  1. It is admissible if it relates to the cause of the declarant's death and is made by a person who is dead Correct answer.
  2. It is admissible only if it is in writing
  3. It is admissible only when made before a Magistrate
  4. It is inadmissible unless corroborated by an eyewitness

Explanation

The Bharatiya Sakshya Adhiniyam, 2023 retains the principle that a statement made by a person as to the cause of his death, or the circumstances of the transaction resulting in his death, is relevant and admissible even if not in writing or before a Magistrate. The rationale is necessity, as the maker is unavailable.

Question 26Preliminary Examination (objective screening)

Under the Bharatiya Nyaya Sanhita, 2023, the general exception of mistake of fact applies to a person who, in good faith, believes a fact to be true. Which condition must accompany that mistake for the exception to operate?

  1. The mistake must be reasonable to a person of ordinary prudence only
  2. The mistake must be subsequently ratified by the accused
  3. The mistake must relate to a matter of law rather than of fact
  4. The mistake must be made in good faith and the act must be done under that belief Correct answer.

Explanation

The general exceptions in the Bharatiya Nyaya Sanhita retain the classical principle that a bona fide mistake of fact, honestly made, negates the requisite mens rea. The essential ingredients are that the mistake concerns a fact and that the person acts in good faith under that mistaken belief. There is no requirement that the mistake be certified by a third party or later ratified.

Question 27Preliminary Examination (objective screening)

A person is charged with theft under the Bharatiya Nyaya Sanhita, 2023. Which element is essential to constitute the offence of theft?

  1. The property must be immovable property
  2. The property must exceed a specified monetary value
  3. The taking must be without the consent of the person in possession and with dishonest intention to move the property Correct answer.
  4. The taking must be accompanied by force or threat of force

Explanation

Theft requires a dishonest intention to take movable property out of the possession of another person without that person's consent, coupled with moving the property. Movable property is the subject matter, and the essence is the dishonest taking without consent. Force or threat belongs to the aggravated offences of robbery and extortion, not to simple theft.

Question 28Preliminary Examination (objective screening)

Under the Bharatiya Nagarik Suraksha Sanhita, 2023, when a police officer receives information of a cognizable offence, the officer must forthwith reduce that information to writing. Which further requirement is prescribed?

  1. The information must be recorded only in the presence of two independent witnesses
  2. The informant must be detained until the investigation is complete
  3. The information must be sent to the Magistrate before any entry is made
  4. The written information must be read over to the informant and signed by the informant Correct answer.

Explanation

The provision on first information in the Bharatiya Nagarik Suraksha Sanhita requires that the information be reduced to writing, read over to the informant, and signed by the informant, with the substance entered in a register. This safeguards accuracy and allows the informant to verify the recorded version. The other conditions are not part of this statutory requirement.

Question 29Preliminary Examination (objective screening)

A party to a suit seeks to amend its pleadings. Under the Code of Civil Procedure, 1908, which principle governs the court's power to allow an amendment?

  1. Amendments necessary to determine the real question in controversy may be allowed if they do not cause injustice to the other side Correct answer.
  2. Amendments are allowed as of right at any stage without any conditions
  3. Amendments must be allowed only before the issues are framed
  4. Amendments that introduce a new cause of action must always be rejected

Explanation

The Code of Civil Procedure allows the court to permit amendment of pleadings so that the real question in controversy between the parties is determined, provided the amendment does not cause prejudice or injustice to the opposing party. The power is wide and discretionary rather than mechanical. There is no absolute bar on introducing a new cause of action if the interests of justice require it.

Question 30Preliminary Examination (objective screening)

In the law of evidence, when the court may presume the existence of a fact from the existence of another fact, such a presumption is described as which of the following?

  1. An irrebuttable presumption of law
  2. A presumption of fact Correct answer.
  3. Conclusive proof
  4. A judicial confession

Explanation

Presumptions of fact are inferences drawn by the court from the circumstances of a case under its discretion, and they are rebuttable. They differ from conclusive proof, which forbids any contrary evidence, and from irrebuttable presumptions of law, which operate regardless of the facts. A judicial confession is a different concept, relating to an admission of guilt before a court.

Question 31Preliminary Examination (objective screening)

Under the Indian Evidence Act framework continued in the Bharatiya Sakshya Adhiniyam, 2023, a statement of a relevant fact made by a person who is dead is admissible in which circumstance?

  1. Only if the statement was recorded by a police officer
  2. If it relates to the cause of the person's death or to any transaction in which the person was a participant Correct answer.
  3. Only if the statement relates to the cause of that person's death
  4. Only if the statement was made in the presence of the accused

Explanation

Statements of persons who are dead are admissible when they relate to the cause of death or to any transaction in which the deceased was a participant, among other specified grounds. This exception to hearsay is based on necessity and the unavailability of the maker. The statement need not be recorded by police or made before the accused.

Question 32Preliminary Examination (objective screening)

A promisor agrees to deliver goods to a promisee, but before the date of performance the promisor disables himself from performing. Under the Indian Contract Act, 1872, which statement correctly describes the promisee's position?

  1. The promisee must wait until the date of performance before taking any step
  2. The promisee must first obtain a decree of specific performance
  3. The promisee may put an end to the contract unless the promisee has signified acquiescence in its continuance Correct answer.
  4. The contract automatically becomes void and no remedy remains

Explanation

Where a party to a contract promises to do a thing and, before the time fixed for performance, disables himself from doing it, the other party may treat the contract as at an end unless that party has signified acquiescence in its continuance. This is the doctrine of anticipatory breach. The remedy does not depend on waiting for the performance date, nor does it require a prior decree.

Question 33Preliminary Examination (objective screening)

Under the Indian Contract Act, 1872, an agreement is void if consideration is unlawful in whole or in part. Which of the following best illustrates unlawful consideration?

  1. Consideration that is a promise to commit a criminal offence Correct answer.
  2. Consideration that is less than the market value of the promise
  3. Consideration paid in instalments over a year
  4. Consideration that is a promise to withdraw from a lawful profession

Explanation

Consideration is unlawful when it involves doing something forbidden by law, defeating a legal provision, being fraudulent, or causing injury to another person or property. A promise to commit a criminal offence falls squarely within this category. Inadequacy of consideration is not by itself a ground for treating an agreement as void.

Question 34Preliminary Examination (objective screening)

Under the Hindu Marriage Act, 1955, which of the following is a condition for a valid Hindu marriage relating to the age of the parties?

  1. Both parties must have completed eighteen years
  2. The bridegroom must have completed eighteen years and the bride sixteen years
  3. The bridegroom must have completed twenty-one years and the bride eighteen years Correct answer.
  4. Both parties must have completed twenty-one years

Explanation

The Hindu Marriage Act prescribes that at the time of marriage the bridegroom must have completed twenty-one years and the bride eighteen years. This is one of the conditions for a valid marriage, though a marriage in breach of the age condition is not automatically void. The other options misstate the statutory ages.

Question 35Preliminary Examination (objective screening)

Under the Hindu Succession Act, 1956, the property of a Hindu male dying intestate devolves in the first instance upon which class of heirs?

  1. The heirs in Class I of the Schedule Correct answer.
  2. The heirs in Class II of the Schedule
  3. The agnates of the deceased
  4. The cognates of the deceased

Explanation

The Hindu Succession Act lays down that the property of a male Hindu dying intestate devolves first upon the heirs specified in Class I of the Schedule, which includes the widow, sons, daughters and mother. Only in the absence of Class I heirs do the other categories come into play. Agnates and cognates are resorted to only when no preferential heirs exist.

Question 36Preliminary Examination (objective screening)

A plaintiff files a suit for a declaration of title over land. Under the Specific Relief Act, 1963, which of the following is the essential requirement for a declaratory decree?

  1. The plaintiff must be entitled to a legal character or to a right as to property and must have denied such character or right Correct answer.
  2. The plaintiff must show that the plaintiff was in possession of the property
  3. The plaintiff must first seek an injunction against all neighbours
  4. The plaintiff must prove actual damage and loss

Explanation

A suit for declaration lies where the plaintiff is entitled to a legal character or to a right as to property and the defendant denies that character or right. The relief is discretionary and the plaintiff must have a real interest in the declaration. Proof of possession or of actual damage is not a universal precondition to a declaratory decree.

Question 37Preliminary Examination (objective screening)

Under the Constitution of India, the power of the Supreme Court to issue writs for the enforcement of fundamental rights is conferred by which Article?

  1. Article 131
  2. Article 32 Correct answer.
  3. Article 143
  4. Article 226

Explanation

Article 32 confers on the Supreme Court the power to issue directions, orders and writs for the enforcement of fundamental rights, and is itself a fundamental right. Article 226 confers a parallel but broader power on High Courts. Articles 131 and 143 deal with original jurisdiction between states and advisory jurisdiction respectively.

Question 38Preliminary Examination (objective screening)

A state legislature enacts a law that conflicts with a central law on a subject in the Concurrent List. Which principle governs the resolution of such a conflict under the Constitution of India?

  1. The state law always prevails because it is closer to the people
  2. The President must decide which law prevails
  3. The central law prevails, and the state law is void to the extent of repugnancy Correct answer.
  4. Both laws continue to operate concurrently without any preference

Explanation

Under the constitutional scheme, where a state law is repugnant to a central law on a Concurrent List subject, the central law prevails and the state law is void to the extent of the repugnancy, unless the state law has received presidential assent and is saved by the relevant provision. This is the doctrine of repugnancy. The President does not adjudicate such conflicts.

Question 39Preliminary Examination (objective screening)

In the law of torts, the rule in Rylands v. Fletcher makes a person liable for the escape of a dangerous thing from land in which circumstance?

  1. Only when the escape was caused by an act of God
  2. Only when the thing is inherently illegal to possess
  3. When the person brings onto the land something likely to do mischief if it escapes, and it escapes and causes damage Correct answer.
  4. Only when the person was negligent in keeping the thing

Explanation

The rule imposes strict liability where a person brings onto land something likely to do mischief if it escapes, keeps it at the person's peril, and it escapes causing damage. Liability arises without proof of negligence or intention. Acts of God and the plaintiff's own default are among the recognised defences.

Question 40Preliminary Examination (objective screening)

Under the Negotiable Instruments Act, 1881, a person who signs a cheque as a drawer may be protected from liability in which situation?

  1. When the cheque is drawn on a banker other than the drawee banker
  2. When the cheque is drawn in favour of the drawer himself
  3. When the cheque is payable to bearer
  4. When the cheque is crossed generally Correct answer.

Explanation

Crossing a cheque generally directs the paying banker to pay it only through a collecting banker and is a mode of safeguarding the instrument. The drawer's liability on the instrument is not extinguished merely because it is crossed. The other options describe modes of drawing or negotiation that do not by themselves protect the drawer from liability.

Question 41Preliminary Examination (objective screening)

Under the Indian Partnership Act, 1932, the liability of a partner for the acts of the firm is described in which manner?

  1. A partner is jointly and severally liable for all acts of the firm done while the partner is a partner Correct answer.
  2. A partner is not liable for acts done by other partners
  3. A partner is liable only if the act was expressly authorised
  4. A partner is liable only to the extent of capital contributed

Explanation

The Indian Partnership Act makes every partner jointly and severally liable for all acts of the firm done while the partner is a partner. This flows from the mutual agency among partners. Liability is not limited to the capital contributed, and express authorisation is not a precondition for liability to third parties.

Question 42Preliminary Examination (objective screening)

In a criminal trial, the prosecution seeks to prove a fact by circumstantial evidence alone. Which standard must the circumstances satisfy for a conviction?

  1. The circumstances must be consistent with the innocence of the accused
  2. The circumstances must form a complete chain pointing unerringly to the guilt of the accused Correct answer.
  3. The circumstances must merely raise a suspicion against the accused
  4. The circumstances must be proved by at least two witnesses

Explanation

In a case resting on circumstantial evidence, the circumstances must form a complete chain that excludes every reasonable hypothesis of innocence and points unerringly to the guilt of the accused. Suspicion, however strong, cannot substitute for proof. The standard is the same as in any criminal case, namely proof beyond reasonable doubt.

Question 43Preliminary Examination (objective screening)

Under the Limitation Act, 1963, the period of limitation for a suit for which no period is expressly provided falls under which provision?

  1. Section 5, which allows extension of time on sufficient cause
  2. Article 65, which provides twelve years for possession of immovable property
  3. Article 113, which provides a residuary period of three years from the date the right to sue accrues Correct answer.
  4. Section 14, which excludes time spent in a court without jurisdiction

Explanation

Article 113 of the Limitation Act is the residuary article, prescribing a period of three years from the date the right to sue accrues for suits for which no period is otherwise provided. Sections 5 and 14 deal with extension and exclusion of time, not with fixing the period for a suit. Article 65 applies to a specific category of suits for possession.

Question 44Preliminary Examination (objective screening)

Under the Code of Criminal Procedure's successor statute, the Bharatiya Nagarik Suraksha Sanhita, 2023, a Magistrate before whom an accused is produced may authorise detention of the accused in custody. Which maximum period of detention does the statute generally permit before the accused must be released?

  1. Thirty days in all cases
  2. Fifteen days in total
  3. Ninety days where the investigation relates to an offence punishable with death, imprisonment for life or imprisonment for ten years or more Correct answer.
  4. One year in all cases

Explanation

The statute permits detention during investigation up to ninety days where the offence is punishable with death, imprisonment for life or imprisonment of not less than ten years, and up to sixty days for other offences. If the investigation is not completed within that period, the accused is entitled to bail. A flat fifteen-day or thirty-day rule does not reflect the statutory scheme.

Question 45Preliminary Examination (objective screening)

Under the Bharatiya Nyaya Sanhita, 2023, the offence of criminal breach of trust requires which of the following?

  1. Deception of the owner into parting with property
  2. Entrustment of property and dishonest misappropriation or conversion of that property Correct answer.
  3. Trespass on the property of another person
  4. Use of force against the owner of the property

Explanation

Criminal breach of trust arises when property is entrusted to a person who dishonestly misappropriates or converts it to his own use, or disposes of it in violation of a direction of law or contract. The essence is the breach of a fiduciary entrustment. Force, deception and trespass belong to other offences such as robbery, cheating and criminal trespass.

Question 46Preliminary Examination (objective screening)

Under the Indian Contract Act, 1872, a contract without consideration is valid in which of the following situations?

  1. When the contract is oral and made between strangers
  2. When the contract is for the sale of goods without a written document
  3. When the contract is made out of natural love and affection between parties standing in a near relation, expressed in writing and registered Correct answer.
  4. When the consideration is inadequate but the parties are competent

Explanation

The Act recognises certain exceptions to the rule that an agreement without consideration is void. One exception covers agreements made out of natural love and affection between parties standing in a near relation, provided they are in writing and registered. Oral agreements between strangers, or mere inadequacy of consideration, do not fall within the exception.

Question 47Preliminary Examination (objective screening)

A person is prosecuted for an offence under the Bharatiya Nyaya Sanhita, 2023, committed outside India. Which principle of criminal jurisdiction allows Indian courts to try the offence when it affects the sovereignty or security of India?

  1. The passive personality principle
  2. The territorial principle
  3. The protective principle Correct answer.
  4. The nationality principle

Explanation

The protective principle permits a state to exercise jurisdiction over conduct committed abroad that threatens its sovereignty, security or vital interests. The territorial principle is based on where the act occurred, while the nationality principle attaches to the nationality of the offender and the passive personality principle to the nationality of the victim. The facts described fit the protective principle.

Question 48Preliminary Examination (objective screening)

Under the Constitution of India, the doctrine of basic structure limits the amending power of Parliament. Which proposition correctly states the effect of this doctrine?

  1. Parliament may amend the Constitution but cannot destroy or abrogate its basic structure Correct answer.
  2. Parliament may amend any provision of the Constitution, including those forming part of the basic structure
  3. State legislatures may amend the basic structure with the President's assent
  4. The Supreme Court may amend the Constitution to restore the basic structure

Explanation

The doctrine of basic structure holds that Parliament's amending power is wide but cannot be exercised to damage or destroy the essential features of the Constitution. The amending power is therefore subject to an implied limitation. Neither the Supreme Court nor state legislatures have power to amend the Constitution in the manner described.

Question 49Preliminary Examination (objective screening)

Under the Code of Civil Procedure, 1908, a court may order attachment before judgment of the defendant's property in which situation?

  1. When the defendant is a government servant
  2. When the defendant is about to dispose of the whole or part of the property with intent to obstruct or delay execution of any decree Correct answer.
  3. When the plaintiff has already obtained a decree in another suit
  4. When the suit relates to movable property only

Explanation

Attachment before judgment is a protective remedy available where the defendant is about to dispose of the whole or part of the property or remove it from the local limits of the court's jurisdiction with intent to obstruct or delay execution of any decree that may be passed against him. The plaintiff must satisfy the court of this apprehension. The other circumstances are not the statutory grounds.

Question 50Preliminary Examination (objective screening)

Under the Indian Evidence Act framework continued in the Bharatiya Sakshya Adhiniyam, 2023, an admission made by a party in a pleading may be used against that party in which manner?

  1. As a confession requiring corroboration by two witnesses
  2. As evidence only if the party is dead
  3. As conclusive proof of the facts admitted
  4. As an admission that may be used against the party in the same or another proceeding, subject to the rules of admissibility Correct answer.

Explanation

Admissions in pleadings may be used against the party making them as substantive evidence, subject to the rules of admissibility, and are not conclusive unless the party has made a formal admission or the matter is covered by the rules of res judicata. They are not confessions requiring corroboration by a fixed number of witnesses. The rule is not limited to deceased parties.