M.P. A.P.O. Examination, 2002
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Law
1. What
writ can be issued for an illegal detention?
A.
Writ of Prohibition
B.
Writ of Mandamus
C.
Writ of Habeas Corpus
D.
Writ of Quo Warranto
Ans. (c)
2. The
Directive Principles of State Policy have been borrowed from the Constitution
of-
A.
U.S.A.
B.
Canada
C.
Ireland
D.
Russia
Ans. (c)
3. Give
the correct response- Article 15(1) prohibits that the state shall not
discriminate against any citizen on ground only of-
A.
Religion, race, sex and place of birth
B.
Religion, race, caste, sex, place of
birth and descent
C.
Religion, race, caste, creed, sex or
place of birth
D.
Religion, race, caste, sex, place of
birth or any of them
Ans. (d)
4. Under
which of the following Articles laws inconsistent or abridging fundamental
rights are declared void?
(A) Article 12 (B) Article
13
(C) Article 11 (D) Article
21
Ans. (b)
5. Which
one of the following does not fall within the meaning of 'State' under Article
12 of the Indian Constitution?
A.
Barkathllah Vishwavidyalaya, Bhopal
B.
Government of India and the Parliament
C.
British Airways Corporation
D.
Bhopal Municipal Corporation
Ans. (c)
6. Fundamental
Freedoms given under Article 19 of the Constitution are available Only to-
A.
Citizens of India
B.
Citizens of India and Foreigners
C.
Both (A) and (B) above
D.
Foreigners living in India
Ans. (a)
7. In
which of the following Articles of the Constitution provision regarding uniform
civil code has been given?
(A) 43rd
(B)
44th
(C) 46th
(D)
47th
Ans. (b)
8. For the post of President of India the
minimum age of the person should be-
(A) 21 years (B) 25
years
(C) 30 years (D) 35
years
Ans. (d)
9. Who does not have the right to vote in
the election of President of India?
A.
Speaker of Lok Sabha
B.
Speaker of Vidhan Sabha
C.
President's nominee in Rajya Sabha
D.
Deputy Speaker of Lok Sabha
Ans. (c)
10. By
the Presidents Employment and Pension (Amendment) Act, 1998, the salary of the
President has been enhanced to-
A.
From Rs. 10,000 to Rs. 20,000 per month
B.
From Rs. 20,000 to Rs. 25,000 per month
C.
From Rs. 20,000 to Rs. 50,000 per month
D.
From Rs. 20,000 to Rs. 45,000 per month
Ans. (c)
11. When
the office of the Chief Justice of India is vacant or when the Chief Justice is
by reason of absence or otherwise unable to perform the duties of his office,
the duties of his office shall be performed by-
A.
Any judge of the Supreme Court appointed
by the Chief Justice of India
B.
Any judge of the Supreme Court appointed
by the President of India
C.
Any senior most judge of the Supreme
Court after the Chief Justice
D.
Anyone of the above
Ans. (b)
12. Legal
sovereignty in India resides in the Constitution itself and not in 'we the
people of India'. This ideology was expressed in-
A.
Lucknow Development Authority V /s AK.
Gupta case
B.
Sankari Prasad case
C.
Golak Nath case
D.
Keswanand Bharti's case
Ans. (d)
13. In
which of the following cases the Supreme Court observed that labour taken from
prisoners without paying proper remunerations comes within forced labour?
A.
Deena V /s Union of India
B.
Menka Gandhi V /s Union of India
C.
Sanjit Roy V /s State of Rajasthan
D.
All of the above
Ans. (a)
14. Under
which of the following Articles the President of India has a right to suspend
the implementation of fundamental rights during proclamation of emergency?
(A) Article 359
(B) Article
360
(C) Article 354
(D) Article
353
Ans. (a)
15. Under
which one of the following Articles of the Constitution the Supreme Court has
powers to review its decisions?
(A) Article 135
(B) Article
136
(C) Article 137
(D) Article
143
Ans. (c)
16. Which one of the following is not
essential for an offence?
A.
Intention
B.
Motive
C.
Prohibited act
D.
Punishment for act
Ans. (b)
17. In
which of the following mensrea has been considered to be an essential element
of an offence?
A.
Srinivasmal Barolia V/s Emperor
B.
R. V /s Tolson
C.
Nathulal V /s State of Madhya Pradesh
D.
In all of the above
Ans. (d)
18. The grounds for punishing Prince in R. V/s
Prince was-
A.
Prohibited act done by Prince
B.
Illegal act done by Prince.
C.
Knowingly committing of civil wrong by
Prince
D.
Illegal and prohibited act done by
Prince
Ans. (d)
19. Who
amongst the following has observed that under the Indian Penal Code such a
maxim 'Actus non facit reum nisi mens sit rea' is wholly out of place?
A.
J.D. Mayne, Criminal Law of India
B.
H.S. Gour, Penal Law of India
C.
Ratan La! Dheeraj Lal, Law of Crimes
D.
All of the above
Ans. (d)
20. Which one of the following preparation is
not an offence?
A.
Preparation for robbery of a Bank
B.
Preparation of dacoity in a Bank
C.
To make die for counterfeiting coins
D.
To make die for counterfeiting Indian
coins
Ans. (a)
21. For abduction the abducted person should
be-
A.
Below 16 years of age.
B.
Below 18 years of age
C.
Insane person
D.
Of any age
Ans. (d)
22. A does sexual intercourse with B (a
widow) below 16 years of age with her consent-
A.
A has not committed rape
B.
A has committed adultery
C.
A has committed rape with B
D.
Nothing above is correct
Ans. (c)
23. A
male teacher during examination, while conducting search, put his hands in the
pocket of the pant of a girl candidate thinking her to be a boy. Here the
teacher, under the Penal Code, has committed the offence under Section-
(A) 354 (B) 323
(C) 509 (D) No
offence
Ans. (d)
24. The case of Bachan Singh V/s State of
Punjab is concerned with-
A.
Capital punishment in India
B.
Custody of under trial prisoners
C.
Prosecution for attempted suicide
D.
None of the above
Ans. (a)
25. In
which of the following cases the Privy Council made a distinction between
'common intention' and 'similar intention'?
A.
Barendra Kumar Ghosh V /s Emperor
B.
Mahboob Shah V /s King Emperor
C.
Srinivasmal Barolia V/ s Emperor
D.
Bannu Mal V /s Emperor
Ans. (b)
26. In connection with the right of a private
defence of body give the correct response-
A.
This right is not available against an
unsound person
B.
This right is not available against a
per son below 7 years of age
C.
This right is available against any
person
D.
This right is not available against
parents
Ans. (c)
27.
A and B both are of 16 years of age. A entices -B for marriage and takes her to
another city. What offence has been committed by A?
A.
A has committed kidnapping
B.
A has committed no offence as B has gone
with her own consent
C.
A has committed abduction
D.
A is himself minor. Hence A has
committed no offence
Ans. (a)
28. A
abets B to commit a theft from the house of C.B. finding an opportunity picks
C's pocket while C was travelling by a bus. Give the correct answer-
A.
A is responsible for abetment of theft
B.
A is not responsible for abetment of
picking of pocket
C.
A is not responsible for abetment of
committing theft because theft has not been committed from the house
D.
All the above are correct
Ans. (a)
29. Which one of the following statements is
not correct?
A.
In every robbery there are at least two
persons
B.
In every robbery there is a fear of
violence
C.
In every robbery there is either theft
or extortion
D.
In every Dacoity there is robbery
Ans. (a)
30. Which one of the following cases does not
relate to intoxication?
A.
D.P.P. V /s Beard
B.
Basudeo V / s State of Pepsu
C.
R. V / s Mcnaughten
D.
R. V /s Tandy
Ans. (c)
31. A
snake-charmer while showing his play claims to cure the snake bite. The
deceased got himself a snake bite believing on assurance of the snake-charmer.
The snake- charmer could not cure the deceased. The snake-charmer is liable
for-
A.
Murder
B.
Cheating
C.
May be liable for culpable homicide
D.
Liable for nothing
Ans. (c)
32. Which one of the following is not
correct?
A.
For theft property must be movable
B.
For theft property must be removed out of
the possession of the owner of property
C.
For theft property should have been
removed for taking it away
D.
For theft property should be removed
dishonestly
Ans. (b)
33. A
meets B on high roads, shows a pistol and demands B's purse. B in consequence,
surrenders his purse. Here A has committed-
(A) Theft (B)
Extortion
(C) Robbery (D) Dacoity
Ans. (c)
34. Six
persons are prosecuted for dacoity. The court released two of them for benefit
of doubt of their identity. The rest four-
A.
Can be convicted for dacoity
B.
Cannot be convicted for dacoity
C.
Can be convicted for robbery because
their number falls short of five
D.
None of the above is correct
Ans. (a)
35. Which one of the following is not
essential for the offence of affray?
A.
Number of persons is two or more than
two
B.
Persons are members of unlawful assembly
C.
Fighting is at public place
D.
Public peace is disturbed
Ans. (b)
36. Mark the correct answer-
The
conditional order passed by a Magistrate under Section 133 of the Criminal
Procedure Code cannot be challenged in civil court. This statement is-
(A) Wrong (B)
Correct
(C) Partly
wrong (D)
Partly correct
Ans. (b)
37. A
was travelling from Bhopal to Jabalpur by Rajkot-Jabalpur Express Train. At
Itarsi A caused grievous hurt to B who was the resident of Jabalpur. Where will
the case be tried?
A.
At Bhopal fromwhere A started his
journey
B.
At Jabalpur of where B was the resident
C.
At Itarsi where A caused grievous hurt
to B
D.
At the place where MY. High Court
decides
Ans. (c)
38. Which of the following Court can try a
murder case?
A.
Magistrate 1st Class
B.
Chief Judicial Magistrate
C.
Additional Sessions Judge
D.
Any of these Courts
Ans. (c)
39. Warrant case relates to an offence
punishable with-
A.
More than one year imprisonment
B.
More than three years imprisonment
C.
Death penalty, life imprisonment or
imprisonment more than two years
D.
More than five years imprisonment
Ans. (c)
40. Under
Section 145 of the Cr. P.C. in connection with a dispute on immovable property,
the executive magistrate prior to passing his orders as regards to possession
over such property which one of the following periods he takes into
consideration?
(A) One month (B) Two
months
(C) Four months
(D) Six
months
Ans. (b)
41. Under
Section 106 of the Criminal Procedure code which of the following courts has
power to release the offender on security for keeping the peace and for good
behaviour?
A.
Sessions Court
B.
Magistrate 1st Class
C.
Appellate or Revisional Court
D.
All of the above
Ans. (d)
42. Now
under Section 125 of Criminal Procedure Code what payments per month can be
ordered for maintenance?
A.
50% on the basis of salary of the person
B.
Upto Rs. 500
C.
Upto Rs. 3,000
D.
As the Magistrate deems necessary in the
circumstances
Ans. (d)
43. Whi9-A
of the following cannot claim maintenance under Section 125 of the Criminal
Procedure Code?
A.
Wife who cannot maintain herself
B.
Mother or father who cannot maintain
herself or himself
C.
Major married daughter who cannot
maintain herself
D.
Minor illegitimate daughter who cannot
maintain herself
Ans. (c)
44. For
invoking Section 133 of Cr.P.C. Where should not be the inconvenience or
invasion on-
A.
Public rights
B.
Public place
C.
Private place or private persons
D.
All of the above
Ans. (b)
45. Under
Section 29 of the Criminal Procedure Code the second class Magistrate can pass
sentence upto-
(A) 1 year (B)
2 years
(C) 3 years (D) All
of these
Ans. (a)
46. Which one of the following offences
cannot be summarily tried?
A.
Grievous hurt
B.
Theft when the value of stolen property
is below Rs. 200
C.
Offences relating to Sections 454 and
456 of the Indian Penal Code
D.
Offence of abetment of the offences
enumerated under Section 260(vii) of the Criminal Procedure Code
Ans. (a)
47. Under
chapter XXI of Criminal Procedure Code while adopting summary trial maximum
punishment cannot be passed more than-
(A) Two months (B)
Three months
(C) Four months
(D)
One month
Ans. (b)
48. Under
Section 198 of the Criminal Procedure Code the court can take cognizance of any
offence laid down under Section 497 and 498 of the Indian Penal Code on the
complaint of-
A.
Husband of the woman
B.
Father of the woman
C.
Mother of the woman
D.
Any of these
Ans. (a)
49. Which one of the following proceedings is
known as judicial proceeding?
A.
Investigation
B.
Enquiry and Investigation
C.
Enquiry and Trial
D.
Trial and Investigation
Ans. (c)
50. Under
Criminal Procedure Code to what maximum period an accused can be ordered to be
kept in police custody by the Magistrate?
(A) Three days (B) Seven
days
(C) Ten days (D) Fifteen
days
Ans. (d)
51.
Who is authorised for removal of
public nuisance?
A.
Judicial Magistrate 1st Class
B.
Judicial Magistrate find Class
C.
Executive Magistrate
D.
Sessions Judge
Ans. (c)
52. Which
of the following Magistrates can order the habitual offenders of robbery or
house breaking to execute a bond with or without sureties?
A.
Judicial Magistrate IInd Class
B.
Judicial Magistrate 1st Class
C.
Executive Magistrate
D.
Any of these
Ans. (c)
53. Under
which of the following Sections of Criminal Procedure Code police can arrest an
accused without warrant?
(A) Section 37 (B) Section
40
(C) Section 42 (D) Section
41
Ans. (d)
54. How are the summons served
A.
By a police officer
B.
By an officer of the court
C.
By any authorised public servant
D.
By any of the above
Ans. (d)
55. To
set aside forfeiture under Section 95 of the Criminal Procedure Code,
application may be given to the-
(A) Sessions
Court (B) High Court
(C)
Supreme Court (D) Any of these
Ans. (b)
56. Which one of the following is a fact?
(A) Han said (B)
Mohan saw
(C) Ram told a
lie (D) All of
these
Ans. (d)
57. To
what facts of the following the rules of relevancy have been discussed under
Section 8 of the Indian Evidence Act?
A.
Motive
B.
Preparation
C.
Previous or subsequent conduct
D.
All of the above
Ans. (d)
58. The
facts showing the existence of any state of mind under Section 14 of the Indian
Evidence Act relate to-
A.
Intention
B.
Knowledge
C.
Good faith
D.
All of these
Ans. (d)
59. Who can take identification parade?
(A) Police
officer (B) Magistrate
(C) Any citizen
(D)
Any of these
Ans. (b)
60. The
question is, whether A committed murder of a person on a particular day at
Kolkata, the fact that on that day A was at Lahore-
(A) Is relevant
(B)
Is irrelevant
(C) Is not
relevant (D) None of
these
Ans. (a)
61. The
question is, whether a particular letter reached A. The fact that it was posted
in due course and was not returned through the dead letter office-
A.
Are not relevant
B.
Are irrelevant
C.
Are relevant
D.
None of these
Ans. (c)
62. Under
which Section of the Indian Evidence Act, the confession before the Magistrate
is relevant?
(A) Section 24 (B)
Section 25
(C) Section 26 (D) Section
27
Ans. (c)
63. Confession before the police-
A.
Will be proved
B.
Will not he proved
C.
Will be considered confession
D.
Will not be considered confession
Ans. (b)
64. Under which Section of the Indian
Evidence Act, the expert opinion is relevant?
A.
Section 44
B.
Section 45
C.
Section 46
D.
Section 41
Ans. (b)
65. In criminal proceedings the fact that the
accused person has a bad character is-
A.
Irrelevant
B.
Relevant
C.
Above (A) is right unless evidence has
been given that he has a good character
D.
All the above are incorrect
Ans. (c)
66. Public document under Indian Evidence Act
can be proved by-
A.
Certified copy
B.
Oral evidence
C.
The writer of certified copy
D.
Any of the above
Ans. (a)
67. When
is it not necessary to call the certifying writer of the document to prove the
document?
A.
When the document is not a will
B.
When the document is 30 years old
C.
and (B) are correct
D.
and (B) are wrong
Ans. (c)
68. On whom does the burden of proof lie?
(A)
On prosecution
(B)
On accused
(C)
On both
(D)
On the discretion of the court
Ans. (a)
69. Under
which of the following Sections of the Indian Evidence Act, the evidence of a
dumb witness is taken into consideration?
(A) Section 116
(B) Section
117
(C) Section 118
(D) Section
119
Ans. (d)
70. When can leading questions be asked?
(A)
In cross-examination
(B)
In examination in chief with the
permission of the court
(C)
In re-examination with the permission of
the court
(D)
In all the above situations
Ans. (a)
71. Give
the correct answer-All the admissions are confessions but all the confessions
are not admissions."
(A)
The statement is correct
(B)
The statement is incorrect
(C)
The statement is partly correct and partly
incorrect
(D)
All the above statements are incorrect
Ans. (b)
72. Mark the correct statement-
(A)
The doctrine of estoppel is applied only
in civil matters
(B)
The doctrine of estoppel is applied only
in criminal matters
(C)
The doctrine of estoppel is applied in
civil and criminal matters
(D)
All the above statements are wrong
Ans. (a)
73. Under
which of the following Sections of the Indian Evidence Act the previous
judgments are relevant to bar a second suit or trial?
(A) Section 3 (B) Section
40
(C) Section 11 (D) Section
42
Ans. (b)
74. Under
which of the following Sections of the _ Indian Evidence Act the contents of
electronic records may'be proved?
(A) Section
65-A (B) Section 65-B
(C) Section 66 (D) Section
67 I
Ans. (b)
75. Under
which of the following Sections of the Indian Evidence Act opinion as to
digital signature 1s relevant?
(A)
Section 34
(B)
Section 39
(C)
Section 47-A
(D)
Section 85-A
Ans. (c)
76. Which
one of the following statements in relation to the scope of the Arms Act, 1959
is correct?
(A)
It extends to the whole of India
(B)
It extends to the whole of India except
Jammu and Kashmir
(C)
It extends to all union territories
(D)
It extends to the state of M.P. only
Ans. (a)
77. Give
the correct answer- Where the licensing-authority prior to grant of licence to
any person under the Arms Act, calls for a report about the person from the
concerned police station but the police station did not send the police report
in the prescribed time. Then--::
(A)
The order of licence will be cancelled
(B)
Report will be again asked to be sent
(C)
After the prescribed time licence may be
given without report of the police
(D)
Licence without report will not be
valid'
Ans. (c)
78. Under
which Section of the Arms Act, the provisions of appeal against the licensing
authority have been given?
(A) Section 16 (B) Section
18
(C) Section 20 (D) Section
21
Ans. (b)
79. Mark the wrong statement-
(A)
There is no provision of appeal against
the order of the licensing authority
(B)
Appeal may be filed against the order of
the licensing authority
(C)
Appeal against the orders of the
licensing authority can be filed within the time limit prescribed under Limitation
Act
(D)
Duration of appeal after lapse of
prescribed time can be extended for legal reasons
Ans. (a)
80. Give
the correct answer- Can any person possess any weapon after the lapse of
licence period?
(A)
He can have possession for sixty days
(B)
He can have possession for ninety days
(C)
If he keeps weapon it is an offence
(D)
All the above statements are wrong
Ans. (c)
81. A, a person of scheduled caste attacks on B, a woman of
scheduled tribe with the intention of her molestation. Under which one of the
following sections of the Scheduled Castes and Scheduled Tribes (Prevention of
Atrocities) Act, 1989, A has committed an6ffence?
(A) Section 3 (B) Section
4
(C) Section 5 (D) None
of these
Ans. (d)
82. Who
does constitute the special court under Scheduled Castes and Scheduled Tribes
(Prevention of Atrocities) Act, 1989?
(A)
Through notification by Central
Government
(B)
By Central Government with consultation
of Chief Justice of India
(C)
By State Government' with the
consultation of the Chief Justice of the State High Court
(D)
By giving special status to Sessions
Court by the Governor
Ans. (c)
83. For
the execution of the provisions of the S.C. and S.T. (Prevention of Atrocities)
Act, 1989 through the notification of the Official Gazette u/s 23 of the Act
rules can be-made by-
(A)
Central Government
(B)
State Government
(C)
Supreme Court
(D)
All of these
Ans. (a)
84. Power
to add or delete any substance in the list of psychotropic substances lies with
the-
(A)
State Government
(B)
Central Government
(C)
Central and State Government both
(D)
High Court
Ans. (b)
85. What
is the nature of offences under the Narcotic Drugs and Psychotropic Substances
Act, 1985?
(A)
Cognizable
(B)
Non-cognizable
(C)
Partly cognizable, partly non-cognize
(D)
As are in Cr. P.c.
Ans. (a)
86. Offence
committed under which of the following Sections of the N.D.P.S. Act, 1985
cannot be tried summarily?
(A) Section 26 (B) Section
27
(C) Section 32 (d) Section
18
Ans. (d)
87. What
qualifications are required for a judge of a special court under the N.D.P.S.
Act 1985?
(A)
At least 7 years experience of advocacy
(B)
At least 5 years experience of being
judicial magistrate
(C)
Sessions judge
(D)
None of the above
Ans. (c)
88. Under
which, Section of the N.D.P.S. Act, 1985 any import in, India or export from
India is punishable?
(A) Section 21 (B) Section
22
(C) Section 23 (D) Section
18
Ans. (c)
89. Under
the Protection of Civil Rights Act, 1955 the Probation of Offenders Act, 1958
does apply to persons above the age of-
(A) 18 years (B) 16
years
(C) 15 years (D) 14
years
Ans. (d)
90. In
the context of the Protection of Civil Right Act, 1955, civil right means any
right accruing to a person by reason of the abolition untouchability under the
following Article the Constitution-
(A) Article 15 (B) Section
16
(C) Article 17 (D) Section
18
Ans. (c)
91. Under
the Protection of Civil Rights Act, 1955 the provision for punishment for
enforcing religious disabilities is given in which of the following Sections?
(A)
Section 5
(B)
Section 4
(C)
Section 3
(D)
Section 2
Ans. (c)
92. Which of the following authorities can be excise officer within
the M.P. Excise Act, 191
(A)
Collector
(B)
Any officer appointed u/s 7 of this Act
(C)
Revenue officer
(D)
Anyone of the above (A) or (B)
Ans. (d)
93. Which
of the following Sections of the M.P. Excise Act, 1915 deals with the
establishment flying squades?
(A) Section 7 (B) Section
7-A
(C) Section 9 (D) Section
9-A
Ans. (b)
94. Which
authority has right to prohibit the import, export or transportation of
narcotic drugs under Section 8 of M.P. Excise Act, 1915?
(A)
State Government
(B)
Commissioner Excise
(C)
Excise Officer
(D)
Revenue Officer
Ans. (a)
95. If
any constituent of the article has been wholly or in part abstracted so as to
affect injuriously the nature, substance or quality thereof, that substance
under the Prevention of Food Adulteration Act, 1954 is known as-
(A)
Imitated article
(B)
Adulterated article
(C)
Polluted article
(D)
Any of these
Ans. (b)
96. Under
the Prevention of Food Adulteration Act, 1954 which of the following u/s 21 of
the Indian Penal Code will be the public servant?
(A)
Food Inspector
(B)
Public Analyst
(C)
Director, Central Laboratory
(D)
Any of the above
Ans. (a)
97. Under
which one of the following Sections of the Prevention of Food Adulteration Act,
1954 convicted person's article of food in respect of which contravention is
committed, is forfeited to the Government?
(A) Section 15 (B) Section
16
(C) Section 17 (D) Section
18
Ans. (d)
98. Under
Section 22 of the Prevention of Food Adulteration Act, 1954 the defence of Good
faith is available in-
(A)
Civil cases only
(B)
Criminal cases only
(C)
In civil, criminal or other legal
proceedings
(D)
In none of the above
Ans. (c)
99. The
place to which the public are admitted and in which an entertainment is
provided or held is called-
(A)
Hotel
(B)
Motel
(C)
Entertainment house
(D)
Place of public entertainment
Ans. (c)
100. Which of the following authority is empowered to impose
collective fine on the inhabitants of an area concerned under Section 10-A of
the Protection of Civil Rights Act, 1955 ?
(A)
Central Government
(B)
State Government
(C)
High Court
(D)
Judicial Masgistrate 1st Class
Ans. (b)
Regards
Legal Point Foundation
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