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Question 1Code of Civil Procedure, Pleadings and Drafting

Under the Code of Civil Procedure, 1908, the expression "pleading" is defined to mean-

  1. the plaint alone
  2. the plaint and the written statement Correct answer.
  3. every document filed by a party in the suit
  4. the plaint, the written statement and any replication

Explanation

Order VI Rule 1 CPC defines "pleading" as the plaint or the written statement. A replication or further pleading is not within the statutory definition, though courts may permit it in appropriate cases. Documents such as affidavits and evidence are not pleadings.

Question 2Code of Civil Procedure, Pleadings and Drafting

Which of the following is a ground on which a plaint may be rejected under Order VII Rule 11 CPC?

  1. the suit appears from the plaint to be barred by law Correct answer.
  2. the defendant has not filed a written statement in time
  3. the plaintiff has failed to attach a copy of the plaint
  4. the plaintiff has not signed the verification clause

Explanation

Order VII Rule 11(d) requires rejection where the statement in the plaint shows that the suit is barred by any law. The court examines the plaint and the documents filed with it for this purpose. Procedural defects such as absence of a signature can ordinarily be cured and are not grounds under Rule 11.

Question 3Code of Civil Procedure, Pleadings and Drafting

Under Order VIII Rule 1 CPC, the defendant must file a written statement within 30 days from service of summons. What is the outer limit for extension under the proviso?

  1. 120 days from service of summons
  2. 45 days from service of summons
  3. 60 days from service of summons
  4. 90 days from service of summons Correct answer.

Explanation

The proviso to Order VIII Rule 1 permits the court, for reasons recorded in writing, to allow the written statement to be filed beyond 30 days. The extension cannot extend beyond 90 days from the date of service of summons. The period is reckoned from service of summons, not from the date of appearance.

Question 4Code of Civil Procedure, Pleadings and Drafting

A plaintiff omits to sue for a portion of the claim without relinquishing that portion as required by Order II Rule 2 CPC. What is the consequence?

  1. the plaintiff may amend the plaint to include it at any stage of the trial
  2. the plaintiff forfeits only the costs attributable to the omitted portion
  3. the plaintiff may file a fresh suit for the omitted portion with leave of the court
  4. the plaintiff is barred from instituting a fresh suit for the omitted portion Correct answer.

Explanation

Order II Rule 2 requires the suit to include the whole of the claim to which the plaintiff is entitled in respect of the cause of action. If the plaintiff relinquishes any portion, that fact must be stated. If the plaintiff omits a portion without such relinquishment, a subsequent suit for the omitted portion is barred.

Question 5Code of Civil Procedure, Pleadings and Drafting

An application for amendment of pleadings under Order VI Rule 17 CPC is filed after the trial has commenced. When may the court allow it?

  1. only with the written consent of the opposite party
  2. only before the framing of issues by the trial court
  3. only before the first hearing of the suit and not later
  4. at any stage, if the court finds that the party could not have raised the matter despite due diligence Correct answer.

Explanation

The proviso to Order VI Rule 17 permits amendment after the trial has commenced only if the court concludes that, despite due diligence, the party could not have raised the matter before the commencement of trial. The power is discretionary and must be exercised to avoid injustice. Consent of the opposite party is not the statutory test.

Question 6Code of Civil Procedure, Pleadings and Drafting

Which of the following particulars is required to be stated in a plaint by Order VII Rule 1 CPC?

  1. the facts constituting the cause of action and when it arose Correct answer.
  2. a list of the witnesses the plaintiff proposes to examine
  3. the evidence on which the plaintiff proposes to rely
  4. the defendant's written statement and counterclaim

Explanation

Order VII Rule 1 requires the plaint to state, among other things, the facts constituting the cause of action and when it arose. It also requires the relief claimed and the facts showing that the court has jurisdiction. Evidence and witness lists are not pleadings and are not required to be set out in the plaint.

Question 7Code of Civil Procedure, Pleadings and Drafting

Under Order VI Rule 15 CPC, the verification of a pleading must-

  1. contain an affidavit sworn before a notary in every case
  2. dispense with signature if the party is illiterate
  3. specify which paragraphs are verified on knowledge and which on belief Correct answer.
  4. be made only at the time of admission of the suit

Explanation

Order VI Rule 15 requires the person verifying the pleading to specify, by reference to the numbered paragraphs, which statements are verified on personal knowledge and which on information received and believed to be true. The verification must be signed by that person. It is distinct from an affidavit and is ordinarily filed with the pleading.

Question 8Code of Civil Procedure, Pleadings and Drafting

Where a defendant makes a clear admission of the plaintiff's claim in the pleadings, the court under Order XII Rule 6 CPC may-

  1. postpone the suit until all evidence is recorded
  2. give judgment on the admissions, in whole or in part, at any stage Correct answer.
  3. must refer the parties to arbitration before trial
  4. reject the plaint for want of a cause of action

Explanation

Order XII Rule 6 empowers the court, either on application or on its own motion, to give judgment on admissions of fact made in pleadings or otherwise. The power may be exercised at any stage of the suit and may result in a decree in whole or in part. The admission must be clear and unambiguous before judgment is given.

Question 9Code of Civil Procedure, Pleadings and Drafting

In a representative suit instituted under Order I Rule 8 CPC by one person on behalf of numerous persons having the same interest, the court must-

  1. frame separate issues for each interested person
  2. obtain the consent of every interested person before issuing summons
  3. stay the suit until each interested person files an affidavit
  4. give notice of the suit to all interested persons as the court directs Correct answer.

Explanation

Order I Rule 8 permits one or more persons to sue on behalf of numerous persons having the same interest with the permission of the court. Notice of the institution of the suit must be given to all interested persons in the manner the court directs, ordinarily at the plaintiff's expense. The decree in such a suit binds the persons on whose behalf it is instituted.

Question 10Code of Civil Procedure, Pleadings and Drafting

An application under Order IX Rule 13 CPC to set aside an ex parte decree may be allowed where-

  1. the plaintiff consents to setting aside the decree
  2. the defendant has paid the costs of the suit
  3. the defendant proves that the decree is contrary to law
  4. summons was not duly served or sufficient cause prevented appearance Correct answer.

Explanation

Order IX Rule 13 requires the court to set aside an ex parte decree if it is satisfied that the summons was not duly served or that the defendant was prevented by sufficient cause from appearing when the suit was called on for hearing. The application must be made within the prescribed limitation. The merits of the decree are not the statutory ground for setting it aside under this rule.

Question 11Code of Civil Procedure, Pleadings and Drafting

Under Order VI Rule 2 of the Code of Civil Procedure, 1908, a pleading must contain-

  1. a full narrative of all events and the evidence supporting each event
  2. a concise statement of the material facts on which the party relies, but not the evidence by which those facts are to be proved Correct answer.
  3. the documents relied on, attached in original, together with a list of witnesses
  4. only the legal grounds on which the relief is claimed, without stating facts

Explanation

Order VI Rule 2 requires every pleading to contain a concise statement of the material facts relied on and expressly excludes the evidence by which those facts will be proved. The rule keeps pleadings focused on the cause of action or defence and prevents parties from pleading their proof.

Question 12Code of Civil Procedure, Pleadings and Drafting

A plaintiff intends to institute a suit against the State Government in respect of a contract. Before filing the suit, the plaintiff must-

  1. file an affidavit of urgency before the High Court
  2. serve a written notice on the State Government at least two months before the suit, stating the cause of action, the plaintiff's name, description and place of residence, and the relief claimed Correct answer.
  3. deposit security for the Government's costs
  4. obtain the consent of the Advocate-General of the State

Explanation

Section 80(1) CPC requires a written notice to the appropriate Government at least two months before the institution of a suit against it. The notice must state the cause of action, the plaintiff's name, description and place of residence, and the relief claimed; urgency may be dealt with under Section 80(2) by seeking leave of the court.

Question 13Code of Civil Procedure, Pleadings and Drafting

Under Order VII Rule 14 of the Code of Civil Procedure, 1908, where a plaintiff sues upon a document in the plaintiff's possession, the plaintiff must-

  1. produce the document when presenting the plaint, unless the court permits otherwise for good cause Correct answer.
  2. file a list of documents only after the defendant files a written statement
  3. produce all documents in original only at the final hearing
  4. attach only certified copies and deposit the originals with the defendant

Explanation

Order VII Rule 14 requires a plaintiff who sues upon or relies on a document in his possession or power to list it and produce it with the plaint. Documents not so produced or listed cannot ordinarily be received in evidence without the court's leave, which may be granted for good cause.

Question 14Code of Civil Procedure, Pleadings and Drafting

A plaintiff wants to implead two defendants in one suit in respect of separate acts that form part of the same transaction, alleging a common question of law or fact. Under Order I Rule 3 CPC, joinder is permissible if-

  1. the right to relief arises out of the same act or transaction or series of acts or transactions and there is a common question of law or fact Correct answer.
  2. each defendant has a separate and independent cause of action against the plaintiff
  3. the plaintiff obtains leave under Order I Rule 3A only after framing issues
  4. all defendants are jointly and severally liable for the entire claim as a matter of law

Explanation

Order I Rule 3 permits joinder of defendants where the right to relief arises from the same act or transaction or series of acts or transactions and a common question of law or fact would arise. The rule prevents multiplicity of suits but does not require joint and several liability as a precondition.

Question 15Code of Civil Procedure, Pleadings and Drafting

A defendant who has a claim for an ascertained sum of money against the plaintiff may plead it as a set-off under Order VIII Rule 6 CPC only if-

  1. the defendant has already filed a counterclaim for the same amount under Rule 6A
  2. the plaintiff admits the claim in the plaint itself
  3. the claim is unliquidated and arises from a different transaction after the suit was filed
  4. the sum is ascertained, legally recoverable by the defendant, within the court's pecuniary jurisdiction, and the parties fill the same character as in the suit Correct answer.

Explanation

Order VIII Rule 6 permits a set-off only where the defendant's claim is for an ascertained sum of money legally recoverable by him, does not exceed the court's pecuniary jurisdiction, and the parties fill the same character as in the plaintiff's suit. The set-off must be pleaded in the written statement at the first hearing.

Question 16Code of Civil Procedure, Pleadings and Drafting

A suit is dismissed for the plaintiff's default in appearance. Under Order IX Rule 9 CPC, the plaintiff-

  1. may file a fresh suit on the same cause of action as of right
  2. must appeal to the High Court within 30 days
  3. may file a fresh suit only after obtaining the defendant's consent
  4. is barred from filing a fresh suit, but may apply to restore the dismissed suit if prevented by sufficient cause Correct answer.

Explanation

Order IX Rule 9 precludes a plaintiff whose suit is dismissed for default from bringing a fresh suit on the same cause of action, but allows an application to set aside the dismissal on showing sufficient cause for non-appearance. The bar is directed against a second suit, not against restoration of the original suit.

Question 17Code of Civil Procedure, Pleadings and Drafting

A defendant seeks stay of a subsequently instituted suit under Section 10 CPC on the ground that an earlier suit between the same parties is pending. The court may grant stay if-

  1. the earlier suit has already been dismissed for default
  2. the matter in issue in the later suit is also directly and substantially in issue in the previously instituted suit between the same parties, and the earlier suit is pending in a court competent to try it Correct answer.
  3. the later suit is valued at a higher amount than the earlier suit
  4. the earlier suit is pending in any court in India and involves substantially the same subject matter, even if the parties differ

Explanation

Section 10 CPC stays the later suit where the matter in issue is directly and substantially in issue in a previously instituted suit between the same parties, or parties litigating under the same title, before a competent court. Identity of parties and of the matter in issue is essential; a mere overlap in subject matter is not enough.

Question 18Code of Civil Procedure, Pleadings and Drafting

After the plaintiff has once withdrawn a suit without liberty to institute a fresh suit, a second suit on the same cause of action is-

  1. maintainable if the plaintiff files an application for condonation of delay
  2. maintainable if the plaintiff pays additional court fees
  3. maintainable only with the leave of the appellate court
  4. barred, unless the court had granted permission to institute a fresh suit at the time of withdrawal Correct answer.

Explanation

Order XXIII Rule 1(3) precludes a plaintiff who withdraws without permission from instituting a fresh suit on the same subject matter. A fresh suit is permissible only where the court granted liberty at the time of withdrawal under Rule 1(2).

Question 19Code of Civil Procedure, Pleadings and Drafting

A compromise decree passed under Order XXIII Rule 3 CPC is challenged on the ground that the compromise was not signed by all the parties. The decree is-

  1. void, because Order XXIII Rule 3 requires a lawful agreement or compromise in writing and signed by the parties Correct answer.
  2. valid if the advocate for the absent party consented in court
  3. valid only if the compromise is subsequently registered
  4. valid because the court's order itself supplies the parties' consent

Explanation

Order XXIII Rule 3 requires a compromise or adjustment to be a lawful agreement or compromise in writing and signed by the parties before the court can pass a decree in its terms. An agreement not signed by the parties does not satisfy the rule, and a consent decree founded on it is vulnerable.

Question 20Code of Civil Procedure, Pleadings and Drafting

In a second appeal under Section 100 CPC, the High Court may interfere with the lower appellate court's finding of fact-

  1. if the first appellate court failed to frame issues, regardless of prejudice
  2. if the finding is based on evidence and is not perverse
  3. if the appellant deposits the decretal amount
  4. only if the finding is perverse or based on no evidence, while deciding a substantial question of law Correct answer.

Explanation

Section 100 confines a second appeal to a case involving a substantial question of law. The High Court may interfere with a finding of fact only where it is perverse or based on no evidence, and it must formulate the substantial question of law before deciding the appeal.

Question 21Code of Civil Procedure, Pleadings and Drafting

A suit is instituted in a court that has no territorial jurisdiction over the subject-matter. The court notices this before framing issues. Under Order VII Rule 10 of the Code of Civil Procedure, 1908, the court should-

  1. transfer the plaint to the proper court and proceed with the trial
  2. return the plaint for presentation to the proper court Correct answer.
  3. reject the plaint under Order VII Rule 11
  4. dismiss the suit on the merits

Explanation

Order VII Rule 10 requires the court to return the plaint at any stage when it appears that the suit should be instituted in another court. The plaint is returned so that the plaintiff may present it before the court having jurisdiction; the court does not dismiss the suit on merits or transfer the plaint for trial.

Question 22Code of Civil Procedure, Pleadings and Drafting

In a suit for recovery of money, the defendant has an independent claim for damages against the plaintiff that arose before the defendant filed the written statement. Under Order VIII Rule 6A CPC, the defendant may-

  1. raise the claim only by a separate suit
  2. apply for attachment before judgment under Order XXXVIII
  3. plead the claim as a legal set-off under Order VIII Rule 6
  4. plead the claim as a counterclaim in the written statement Correct answer.

Explanation

Order VIII Rule 6A permits a defendant to set up a counterclaim against the plaintiff in the same suit where the cause of action accrued before the defendant delivered the defence or before the time allowed for doing so. A counterclaim is not confined to an ascertained money claim, which distinguishes it from a legal set-off.

Question 23Code of Civil Procedure, Pleadings and Drafting

A plaint is drafted by a pleader and filed on behalf of the plaintiff. Under Order VI Rule 14 CPC, the pleading must be signed by-

  1. the pleader alone
  2. the plaintiff's authorised agent alone
  3. the plaintiff and the pleader Correct answer.
  4. the plaintiff alone

Explanation

Order VI Rule 14 requires every pleading to be signed by the party and by his pleader, if any. The proviso allows another duly authorised person to sign where the party is unable to sign owing to absence or inability, but the ordinary rule is joint signature.

Question 24Code of Civil Procedure, Pleadings and Drafting

The plaint alleges that the defendant received goods worth a stated sum on a stated date. The written statement merely says, 'The suit is false and is denied,' without dealing with that allegation. Under Order VIII Rule 5 CPC, the court may-

  1. strike out the written statement for being vague
  2. treat the allegation as admitted unless the court requires proof Correct answer.
  3. frame an issue on the allegation and require the plaintiff to prove it in every case
  4. return the written statement for amendment within seven days

Explanation

Order VIII Rule 5 provides that an allegation of fact in the plaint, if not denied specifically or by necessary implication, is taken as admitted. The court retains power to require proof of the allegation, but a bare general denial does not put the plaintiff to proof as a matter of course.

Question 25Code of Civil Procedure, Pleadings and Drafting

A party intends to rely on an original document in his possession at the trial. The first hearing of the suit has been fixed. Under Order XIII Rule 1 CPC, the party must-

  1. file only a certified copy and retain the original in the party's custody
  2. seek leave of the appellate court before producing it in the trial
  3. produce the original at the first hearing unless good cause is shown Correct answer.
  4. wait until the stage of evidence to produce the document

Explanation

Order XIII Rule 1 requires parties or their pleaders to produce, at the first hearing, all original documents in their possession or power on which they intend to rely. The court may permit later production for good cause, but the ordinary obligation is to produce at the first hearing.

Question 26Code of Civil Procedure, Pleadings and Drafting

A plaintiff wants the defendant to answer, on oath, specific questions relating to matters in issue in the suit. Under Order XI Rule 1 CPC, the plaintiff may-

  1. seek production of the defendant's bank records under Order XIII
  2. apply for leave to deliver interrogatories in writing Correct answer.
  3. serve interrogatories as of right without any order of the court
  4. apply for a commission to examine the defendant as a witness

Explanation

Order XI Rule 1 permits a party to deliver interrogatories in writing for the examination of the opposite party with the leave of the court. The interrogatories must relate to matters in question in the suit and are subject to the court’s control.

Question 27Code of Civil Procedure, Pleadings and Drafting

A civil dispute is brought before a civil court. No statute expressly or impliedly bars the jurisdiction of civil courts over that dispute. Under Section 9 CPC, the civil court-

  1. may proceed only if the parties consent to its jurisdiction
  2. must return the plaint to the plaintiff
  3. has jurisdiction to try the suit Correct answer.
  4. must refer the dispute to arbitration

Explanation

Section 9 confers jurisdiction on civil courts to try all suits of a civil nature except suits whose cognizance is expressly or impliedly barred. Where no statutory bar applies, the civil court has jurisdiction and consent of the parties is not the source of that jurisdiction.

Question 28Code of Civil Procedure, Pleadings and Drafting

A plaintiff seeks an ex parte temporary injunction without notice to the defendant. Under Order XXXIX Rule 3 CPC, the court may grant it without notice-

  1. where delay would defeat the object of the injunction, with reasons recorded Correct answer.
  2. only after the defendant has filed a written statement
  3. only if the plaintiff has filed an affidavit verifying the plaint
  4. whenever the plaintiff gives an undertaking to pay any damages that may be awarded

Explanation

Order XXXIX Rule 3 ordinarily requires notice to the opposite party before granting a temporary injunction. The proviso permits an injunction without notice where the court is satisfied that the object of granting it would be defeated by delay, and the court must record its reasons for doing so.

Question 29Code of Civil Procedure, Pleadings and Drafting

In a first appeal, a party seeks to produce an additional document that was in his possession during the trial but was not produced despite having had the opportunity. Under Order XLI Rule 27 CPC, the appellate court may admit the document-

  1. only if the opposite party consents to the additional evidence
  2. as of right because an appeal is a continuation of the suit and all evidence may be reopened
  3. only if the trial court had rejected the document as inadmissible
  4. only on a ground specified in Order XLI Rule 27, such as want of due diligence Correct answer.

Explanation

Order XLI Rule 27 allows additional evidence only in limited situations, including where the trial court refused to admit evidence that ought to have been admitted or where a party could not produce it despite due diligence. An appellate court does not reopen evidence as a matter of right merely because an appeal is pending.

Question 30Code of Civil Procedure, Pleadings and Drafting

A suit relates to immovable property, but the plaint describes it only as 'the plaintiff's house in the town'. Under Order VII Rule 3 CPC, the plaint is-

  1. liable to be rejected under Order VII Rule 11 in every case
  2. defective, because it must describe the property sufficiently to identify it Correct answer.
  3. valid, because a formal description is required only at the stage of execution
  4. valid, because the defendant is presumed to know the property

Explanation

Order VII Rule 3 requires that where the subject-matter of the suit is immovable property, the plaint must contain a description of the property sufficient to identify it. A vague description does not satisfy this pleading requirement, though the consequence is not automatic rejection under Order VII Rule 11 in every case.

Question 31Penal Law, Criminal Procedure and Law of Evidence

Under section 100 of the Indian Penal Code, the right of private defence of the body extends to the voluntary causing of death in which one of the following situations?

  1. An assault that causes simple hurt only, without more
  2. An assault with the intention of causing defamation
  3. An assault with the intention of committing rape Correct answer.
  4. An assault with the intention of committing criminal trespass

Explanation

Section 100 IPC lists the aggravated assaults in which a defender may lawfully cause death, including an assault reasonably apprehending death or grievous hurt, an assault with intent to commit rape, to gratify unnatural lust, to kidnap or abduct, or to wrongfully confine, and an acid attack. An assault causing only simple hurt falls under section 101, where the defender may inflict harm short of death.

Question 32Penal Law, Criminal Procedure and Law of Evidence

Under section 112 of the Indian Evidence Act, 1872, the conclusive presumption that a child born during the subsistence of a valid marriage is legitimate can be displaced only by proof that:

  1. the husband was living separately from the mother throughout the period when the child could have been conceived and had no contact with her
  2. the husband had been ill or absent for some part of the relevant period
  3. the parties had no access to each other at any time when the child could have been begotten Correct answer.
  4. the child was born within six months of the marriage ceremony

Explanation

Section 112 treats legitimacy as conclusive proof where a child is born during the subsistence of a valid marriage, and permits rebuttal only by strict proof that the parties had no access to each other at any time when the child could have been begotten. Partial absence, separation, or illness during part of the period does not satisfy that test.

Question 33Penal Law, Criminal Procedure and Law of Evidence

Under section 167 of the Code of Criminal Procedure, 1973, the maximum period for which a Magistrate may authorise the detention of an accused in police custody, in the whole, is:

  1. thirty days
  2. ten days
  3. seven days
  4. fifteen days Correct answer.

Explanation

Section 167(2) permits detention beyond twenty-four hours only under a special order of the Magistrate, and its proviso caps police custody remand at fifteen days in the whole of the investigation. Any detention thereafter, while investigation is incomplete, must be in judicial custody, subject to the overall limits of ninety days or sixty days.

Question 34Penal Law, Criminal Procedure and Law of Evidence

Which of the following correctly distinguishes section 34 from section 149 of the Indian Penal Code?

  1. Section 34 requires prior concert, while section 149 requires only membership of an unlawful assembly with a common object. Correct answer.
  2. Section 34 applies only to offences punishable with death, while section 149 applies to all offences alike.
  3. Section 34 requires the presence and participation of at least five persons, while section 149 applies to any number of persons acting together.
  4. Section 34 creates a substantive offence, while section 149 merely prescribes a procedure for trial.

Explanation

Section 34 is a rule of joint liability requiring a common intention, normally evidenced by a pre-arranged plan though it may develop on the spot. Section 149 fixes vicarious liability on every member of an unlawful assembly, which must consist of five or more persons, for offences committed in prosecution of the common object, without any prior meeting of minds.

Question 35Penal Law, Criminal Procedure and Law of Evidence

While in police custody in a murder investigation, the accused states that he has hidden the knife used in the offence in a nearby drain, and the knife is recovered pursuant to that statement. Which of the following correctly states the law on proof of that statement?

  1. The statement is admissible only if it was reduced to writing and signed by the accused.
  2. So much of the statement as relates distinctly to the discovery may be proved. Correct answer.
  3. The statement is wholly inadmissible because it was made to a police officer while in custody.
  4. The whole statement, including any admission of guilt, may be proved as a confession.

Explanation

Sections 25 and 26 bar confessions made to a police officer or while in police custody, but section 27 of the Evidence Act carves out an exception for so much of the information as relates distinctly to a fact thereby discovered. The confessional remainder, if not so connected with the discovery, remains inadmissible.

Question 36Penal Law, Criminal Procedure and Law of Evidence

A witness examined by the police during investigation gives a statement under section 161 CrPC. At the trial, that statement may lawfully be used:

  1. as an admission against the maker of the statement, since it was recorded during the investigation
  2. to contradict the witness in the manner provided by section 145 of the Evidence Act Correct answer.
  3. as substantive evidence of the facts stated, if the witness is dead or otherwise unavailable
  4. to corroborate the testimony given by the witness in chief, at the discretion of the prosecutor

Explanation

Section 162 CrPC prohibits the use of statements made to a police officer during investigation except as its proviso allows, namely contradiction of the witness in the manner laid down in section 145 of the Evidence Act, by the accused as of right and by the prosecution with the court's permission. Such a statement is neither substantive evidence nor usable as corroboration.

Question 37Penal Law, Criminal Procedure and Law of Evidence

A threatens B that he will publish a defamatory article about him unless B pays him a sum of money. Fearing loss of reputation, B delivers the money. A has committed:

  1. extortion Correct answer.
  2. robbery
  3. theft
  4. cheating

Explanation

Section 383 defines extortion as intentionally putting a person in fear of any injury and thereby dishonestly inducing him to deliver property. A threat to reputation is an injury within section 44 IPC, and since the delivery is induced by a threat of future harm rather than fear of instant death or hurt, the offence is extortion and not robbery.

Question 38Penal Law, Criminal Procedure and Law of Evidence

After a police report has been filed under section 173(2) CrPC and cognizance has been taken, further investigation in the same case:

  1. is barred, since the investigating agency becomes functus officio after filing the report
  2. is permissible, and the further evidence may be placed before the court by a supplementary report Correct answer.
  3. can be ordered only by a court superior to the Magistrate who took cognizance
  4. requires the prior sanction of the State Government before any fresh step is taken in the matter

Explanation

Section 173(8) expressly permits the officer in charge of a police station to conduct further investigation even after a report has been forwarded, and he must then forward a further report. The Magistrate may also direct further investigation, and the accused is entitled to be heard before the supplementary report is taken on record.

Question 39Penal Law, Criminal Procedure and Law of Evidence

A inflicts a single lathi blow on B's head, intending to cause that injury and nothing more, and B dies of it. Under clause 'thirdly' of section 300 IPC, A's liability for murder depends on:

  1. whether the blow was premeditated, since intent to kill is the sole test
  2. whether the injury was sufficient in the ordinary course of nature to cause death Correct answer.
  3. whether the injury was the direct cause of death, since causation alone is sufficient under the clause
  4. whether A foresaw death as a probable consequence of the blow

Explanation

Clause thirdly of section 300 applies where the offender intends to cause the bodily injury actually inflicted and that injury is sufficient in the ordinary course of nature to cause death; the offender's ignorance of its fatal character is irrelevant. Foresight of death as a probable consequence belongs to clause fourthly, and proof of causation alone does not bring the case within the clause.

Question 40Penal Law, Criminal Procedure and Law of Evidence

An accomplice who has been granted pardon under section 306 CrPC deposes as a prosecution witness. Which of the following correctly states the law on the evidentiary value of his testimony?

  1. His evidence is inadmissible unless it is corroborated in material particulars by two independent witnesses.
  2. His evidence is admissible without corroboration in law, but corroboration is required as a rule of prudence. Correct answer.
  3. His evidence is admissible only if the Magistrate records it in the manner prescribed for the recording of a dying declaration.
  4. Conviction can be based solely on his evidence, since the pardon makes him a competent witness.

Explanation

Section 133 makes an accomplice a competent witness against a co-accused, while illustration (b) to section 114 of the Evidence Act describes him as unworthy of credit unless corroborated. Corroboration is therefore a rule of prudence rather than a rule of law, and a conviction may rest on his testimony if the court, after careful scrutiny, finds it true.

Question 41Penal Law, Criminal Procedure and Law of Evidence

Death is caused to a person by the rash and negligent driving of a vehicle, and the case does not amount to culpable homicide. Under section 304A of the Indian Penal Code, the driver is punishable with -

  1. Imprisonment for life, or rigorous imprisonment up to ten years, and fine.
  2. Simple imprisonment up to six months, or fine, or both.
  3. Imprisonment of either description up to two years, or fine, or both. Correct answer.
  4. Rigorous imprisonment up to ten years and fine.

Explanation

Section 304A creates a residuary offence for causing death by a rash or negligent act that does not amount to culpable homicide, because the mental element required by sections 299 and 300 is absent. The punishment prescribed is imprisonment of either description for a term which may extend to two years, or with fine, or with both.

Question 42Penal Law, Criminal Procedure and Law of Evidence

Two persons are tried jointly for the same offence, and one of them has made a confession implicating the other. Under section 30 of the Indian Evidence Act, 1872, that confession -

  1. Is substantive evidence on which a conviction may rest without more.
  2. Is conclusive proof of the offence against all the accused.
  3. May be taken into consideration, but it is not substantive evidence. Correct answer.
  4. Is wholly inadmissible against the co-accused.

Explanation

Section 30 permits the court to take into consideration a confession made by one person affecting himself and another tried jointly for the same offence. It is settled that such a confession is not substantive evidence and cannot alone be the foundation of a conviction, though it may be used to lend assurance to other evidence.

Question 43Penal Law, Criminal Procedure and Law of Evidence

An informant orally narrates the commission of a cognizable offence at a police station. Under section 154 of the Code of Criminal Procedure, 1973, the information must be -

  1. Entered in the officer's personal diary and need not be read over to the informant.
  2. Recorded only after the informant produces documentary proof of the offence.
  3. Recorded by the informant in his own handwriting and signed by him alone.
  4. Reduced to writing, read over and signed by the informant, and entered in the station diary. Correct answer.

Explanation

Section 154 requires that information relating to a cognizable offence given orally be reduced to writing by or under the direction of the officer in charge, read over to the informant, signed by him, and its substance entered in the station diary. Recording cannot be refused merely because the informant cannot produce documents, and refusal may attract section 154(3) and section 156(3).

Question 44Penal Law, Criminal Procedure and Law of Evidence

Five persons share the common object of assaulting X. During the assault, one of them suddenly stabs X, causing death, in furtherance of that common object. Under section 149 of the Indian Penal Code, the other members -

  1. Are not liable at all, since only the stabber had the intention to kill.
  2. Can be liable only under section 34, since they did not share the intention to kill.
  3. Are liable only if the prosecution proves they knew a knife would be used.
  4. Are liable for the offence committed in prosecution of the common object. Correct answer.

Explanation

Section 149 makes every member of an unlawful assembly liable for an offence committed in prosecution of the common object, or which the members knew to be likely. Liability is constructive and does not require proof that each member intended the particular injury or actively participated in the fatal act.

Question 45Penal Law, Criminal Procedure and Law of Evidence

A police officer, acting in good faith and under colour of his office, attempts to arrest Z under a warrant that is later found to be defective. Z wishes to resist. Which statement is correct?

  1. He may exercise the right of private defence of the body even to the extent of causing death.
  2. He has no right of private defence, the act being done in good faith under colour of office. Correct answer.
  3. He may exercise the right of private defence of property, but not of the body.
  4. He has a right of private defence because the warrant was later found to be defective.

Explanation

Section 99 of the Indian Penal Code excludes the right of private defence against an act done, or attempted, by a public servant acting in good faith under colour of his office, even if the act is not strictly justifiable by law. The limited protection of section 99(2) does not extend to causing the death of such an officer, and the remedy lies in legal redress.

Question 46Penal Law, Criminal Procedure and Law of Evidence

A Magistrate records a confession of an accused under section 164 of the Code of Criminal Procedure, 1973. Which of the following is an essential requirement of that recording?

  1. He must be warned that he is not bound to confess, and his voluntariness must be verified. Correct answer.
  2. The confession must be recorded in the immediate presence of the investigating officer who sought it.
  3. The accused must be a first offender who has chosen to plead guilty.
  4. The Magistrate recording the confession must himself be the investigating officer in the case.

Explanation

Section 164(2) requires the Magistrate to warn the accused that he is not bound to make a confession and that it may be used against him, and the Magistrate must question him to satisfy himself that the confession is voluntary. Recording in the presence of the police, or by an investigating officer, would offend the safeguards built into the section.

Question 47Penal Law, Criminal Procedure and Law of Evidence

A Magistrate proposes to take cognizance of an offence alleged against a police sub-inspector, committed while he was acting or purporting to act in the discharge of his official duty. Under section 197 of the Code of Criminal Procedure, 1973, cognizance is barred unless -

  1. Sixty days' notice is served on the accused.
  2. The consent of the Superintendent of Police is obtained.
  3. The leave of the High Court is obtained.
  4. The previous sanction of the appropriate government is obtained. Correct answer.

Explanation

Section 197 provides that no court shall take cognizance of an offence alleged against a public servant, of the categories covered, acting or purporting to act in the discharge of his official duty, except with the previous sanction of the appropriate government. The sanction is a condition precedent to cognizance, not a procedural formality to be cured later.

Question 48Penal Law, Criminal Procedure and Law of Evidence

A finds a purse lying on a public road, learns who the owner is, and dishonestly keeps it for himself. His offence is -

  1. Theft
  2. Criminal misappropriation Correct answer.
  3. Criminal breach of trust
  4. Extortion

Explanation

Criminal misappropriation under section 403 covers dishonest appropriation of property which has come into the accused's possession without his own act, as where goods are found or lost. Criminal breach of trust requires an entrustment, and theft requires the moving of property out of another's possession without consent, neither of which fits the facts.

Question 49Penal Law, Criminal Procedure and Law of Evidence

A, intending to kill B, fires at B. B ducks, and the bullet kills C, a bystander whom A had not seen. A's liability for the death of C is -

  1. No offence, since the death of C was a misfortune.
  2. Only an attempt to murder B, since the death of C was accidental.
  3. Culpable homicide not amounting to murder, since A had no intention towards C.
  4. Murder, since the intention to kill B attaches to the death actually caused. Correct answer.

Explanation

Section 301 provides that if a person does an act with the intention or knowledge that would make him liable for murder or culpable homicide had he caused the death of the person intended, he is liable to the same punishment when the death of another is caused. The malice directed at B is applied to the death of C, so the offence is murder.

Question 50Penal Law, Criminal Procedure and Law of Evidence

The prosecution seeks to prove the contents of a printout of an email by examining the officer who downloaded it from the server. Under section 65B of the Indian Evidence Act, 1872 -

  1. A certificate under section 65B(4) is mandatory, though not in any prescribed form. Correct answer.
  2. His oral evidence is sufficient and no certificate is required.
  3. The printout is inadmissible in every case because it is not primary evidence.
  4. The certificate must be signed by the investigating officer and countersigned by the accused.

Explanation

Section 65B(4) requires a certificate identifying the electronic record and describing the manner of its production, signed by a person occupying a responsible official position in relation to the operation of the device. In Arjun Panditrao Khotkar v. Kailash Kushanrao Gorantyal (2020) the Supreme Court held this certificate to be mandatory for secondary electronic evidence, though no particular form is prescribed.