ANIL KHANNA'S ACADEMY OF LAW

TEST 27

DATE: 25-06-2021 TIME: 90mins

Marking scheme

Multi correct: +4, -1

1 Under Sec. 313 :-

Correct Options:

(A)
No oath shall be administered to the accused when he is examined.

Solution:

No oath shall be administered to the accused when he is examined.

2 Whether an accused may be a competent witness in his own defence? :-

Correct Options:

(A) If he applies in writing on his own request.

Solution:

If he applies in writing on his own request.

3 Under which section of the Cr.P.C. an accused person can himself be a competent witness :-

Correct Options:

(A) Sec. 315.

Solution:

Sec. 315.

4 Any party to a proceeding may after the close of his evidence address concise oral arguments under :-

Correct Options:

(A) Sec. 314.

Solution:

Sec. 314.

5 Which section is intended to provide for cases in which the accused is deaf and dumb and cannot be made to
understand the proceedings or from ignorance of the language of the country and the want of an interpreter, is unable
to understand or make himself understood :-

Correct Options:

(C) Sec. 318.

Solution:

Sec. 318.

6 Which section gives ample powers to the court at any stage of any inquiry or trial of the offence to take cognizance and
add any person not being an accused before him and try him along with others :-

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Correct Options:

(A) Sec. 319.

Solution:

Sec. 319.

7 Mark the incorrect statement :-

Correct Options:

(D) None of the above.

Solution:

None of the above.

8 `Compounding of offence' is defined under which section of Cr.P.C. :-

Correct Options:

(B) Sec. 320.

Solution:

Sec. 320.

9 The composition of an offence u/s 320 Cr.P.C. shall have the effect of :-

Correct Options:

(C) Acquittal.

Solution:

Acquittal.

10 Which of the following offence is not compoundable? :-

Correct Options:

(C) Offence under Sec. 307 of I.P.C.

Solution:

Offence under Sec. 307 of I.P.C.

11 When the person who would otherwise be competent to compound an offence under Sec. 320 is dead, then :-

Correct Options:

(D)
Legal representative of such person can compound with court's
consent.

Solution:

Legal representative of such person can compound with court's consent.

12 Mark the incorrect statement :-

Correct Options:

(D) A compromise aims to inflict a punishment upon the accused.

Solution:

A compromise aims to inflict a punishment upon the accused.

13 Who can withdraw a case from prosecution under Sec. 321 Cr.P.C.? :-

Correct Options:

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(B)
The Public Prosecutor in charge of a case with the permission of the
court.

Solution:

The Public Prosecutor in charge of a case with the permission of the court.

14 At any time before the judgment is pronounced, prosecution of any person may be withdrawn with the consent of the
court by :-

Correct Options:

(C)
Public Prosecutor or Assistant Public Prosecutor in charge of the case.

Solution:

Public Prosecutor or Assistant Public Prosecutor in charge of the case.

15 Mark the incorrect statement :-

Correct Options:

(D) Sec. 321 is also applicable to security proceedings.

Solution:

Sec. 321 is also applicable to security proceedings.

16 Mark the correct statement :-

Correct Options:

(C) Both (a) and (b).

Solution:

Both (a) and (b).

17 If in the course of any trial it appears to the Magistrate that the case is one which ought to be tried by a Sessions Court
he shall commit it to that court under :-

Correct Options:

(B) Sec. 323.

Solution:

Sec. 323.

18 Whenever a Magistrate is of opinion, after hearing the evidence for prosecution and the accused, that the accused is
guilty, and that he ought to receive a severe punishment then such Magistrate is empowered to inflict, the Magistrate
may forward the case to :-

Correct Options:

(B) Chief Judicial Magistrate.

Solution:

Chief Judicial Magistrate.

19 Under which section, it is open to a succeeding Magistrate to act and give judgment on the evidence recorded by his
predecessor :-

Correct Options:

(B) Sec. 326.

Solution:

Sec. 326.

20 A criminal trial :-

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Correct Options:

(D) Only (a) is correct.

Solution:

Only (a) is correct.

21 Secs. 328-339 deals with :-

Correct Options:

(A)
Accused persons who are of unsound mind at the time of inquiry or
trial.

Solution:

Accused persons who are of unsound mind at the time of inquiry or trial.

22 Under which section, the Court of Session/First Class Magistrate is empowered to try cases of perjury committed before
them and punish the offenders summarily without prejudicing a fair trial of the accused person :-

Correct Options:

(D) Sec. 344.

Solution:

Sec. 344.

23 Which section enables a court to preserve its decorum and maintain its dignity, by providing for a summary remedy to
deal with contempt ex facie curiae :-

Correct Options:

(A) Sec. 345.

Solution:

Sec. 345.

24 If any witness refuses to answer such questions as may be put to him or to produce any document/thing in his
possession or power, without being able to offer any reasonable excuse of such refusal, the court may sentence him to
imprisonment up to :-

Correct Options:

(B) 7 days.

Solution:

7 days.

25 Judgment means a judgment of :-

Correct Options:

(C) Conviction or acquittal.

Solution:

Conviction or acquittal.

26 The judgment in every trial shall be :-

Correct Options:

(D) All of the above.

Solution:

All of the above.

27 Mark the correct statement :-

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Correct Options:

(D) Only (a).

Solution:

Only (a).

28 According to Sec. 354, every judgment shall contain :-

Correct Options:

(D) All of the above.

Solution:

All of the above.

29 Mark the correct statement :-

Correct Options:

(C) Both (a) and (b).

Solution:

Both (a) and (b).

30 The Code as a policy is in favour of :-

Correct Options:

(D) Only (a).

Solution:

Only (a).

31 Which section lays down that the judgment given by a Metropolitan Magistrate shall be in an abridged form :-

Correct Options:

(A) Sec. 355.

Solution:

Sec. 355.

32 Under Sec. 357, an order of compensation can be passed by the :-

Correct Options:

(C) Both (a) and (b).

Solution:

Both (a) and (b).

33 Mark the incorrect statement :-

Correct Options:

(A)
In addition to the conviction, the court may order the accused to pay
some reasonable amount by way of compensation to the victim. It is
not alternative but in addition thereto.

Solution:

In addition to the conviction, the court may order the accused to pay some reasonable amount by way of compensation to the victim. It is not
alternative but in addition thereto.

34 Who is entitled to compensation for the loss/injury caused by the offence to the deceased victim :-

Correct Options:

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(D) All of the above.

Solution:

All of the above.

35 The Magistrate by whom the case is heard may award such compensation, not exceeding how many rupees to be paid
to any person groundlessly arrested by the person so causing the arrest :-

Correct Options:

(A) Rs. 100.

Solution:

Rs. 100.

36 Which section provides for payment of costs to the successful complainant :-

Correct Options:

(C) Sec. 359.

Solution:

Sec. 359.

37 Under which section, the court may instead of sentencing an accused to any punishment, release him after admonition
or on probation of good conduct :-

Correct Options:

(A) Sec. 360.

Solution:

Sec. 360.

38 The benefit of probation is not available to :-

Correct Options:

(D) Previous convict.

Solution:

Previous convict.

39 Mark the incorrect statement :-

Correct Options:

(D) None of the above.

Solution:

None of the above.

40 A person released under Sec. 360, Cr.P.C. :-

Correct Options:

(C)
Can be called back for imposition of sentence if he fails to conform to
conditions.

Solution:

Can be called back for imposition of sentence if he fails to conform to conditions.

41 The judgment in Dashrath Rupsingh Rathod V. State of Maharashtra, 2014, (9) SCALE 97 related to :-

Correct Options:

(D) Territorial jurisdiction

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Solution:

Territorial jurisdiction

42 Notice sent by registered post acknowledgement due to the correct address and was returnee with an endorsement
that the addressee was abroad – is the requirement of section 138 sufficiently complied with? :-

Correct Options:

(A) Yes

Solution:

Yes

43 A person would be vicariously liable for commission of an offence on the part of a company only in the event the
conditions precedent laid down in section _____ of the Negotiable Instruments Act stand satisfied. :-

Correct Options:

(B) 141

Solution:

141

44 The offence under section 138 of the Negotiable Instruments Act is :-

Correct Options:

(D) Non cognizable and bailable

Solution:

Non cognizable and bailable

45 Which of the following courts has the jurisdiction for trying an offence punishable under section 138 of the Negotiable
Instruments Act? :-

Correct Options:

(B) Judicial Magistrate of First Class

Solution:

Judicial Magistrate of First Class

46 High court quashed the proceedings under section 138 of the Negotiable Instruments Act 1881 on the ground that
appellant had already taken recourse to the arbitration proceedings. The order is :-

Correct Options:

(C) Illegal

Solution:

Illegal

47 A post dated cheque is not payable till the date which is shown thereon arrives and will become cheque on ______ date.
:-

Correct Options:

(B) Date contained in the cheque

Solution:

Date contained in the cheque

48 In a prosecution under section 138 of the Negotiable Instruments Act the evidential burden is on :-

Correct Options:

(A) Accused

Solution:

Accused

49 To attract the offence under section 138 of the Negotiable Instruments Act the cause of action arises :-

Correct Options:

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(C)
When the drawer of the cheque fails to make payment of the amount
to the payee within 15 days of the receipt of the notice.

Solution:

When the drawer of the cheque fails to make payment of the amount to the payee within 15 days of the receipt of the notice.

50 How many times a cheque can be presented? :-

Correct Options:

(C) Any number of times

Solution:

Any number of times

51 Expiry of the period after notice was given as specified in the section, on a holiday – presenting of the complaint on
next working day – it is :-

Correct Options:

(A) Valid

Solution:

Valid

52 If the application for compounding is made before the Supreme Court such compounding may be allowed on the
condition that the accused pays ______ % of the cheque amount by way of costs :-

Correct Options:

(C) 20

Solution:

20

53 By insertion of section ___ of the Negotiable Instruments Act the ceiling as to the fine amount of fine stipulated under
section 29 (2) of the CR.P.C. is removed. :-

Correct Options:

(B) 143

Solution:

143

54 Is jail sentence mandatory in a sentence for an offence under section 138 of the Negotiable Instruments Act? :-

Correct Options:

(B) No

Solution:

No

55 Who among the following persons are covered by the Section 141 of the Negotiable Instruments Act? :-

Correct Options:

(D) All of the above.

Solution:

All of the above.

56 Can the legal heir of the payee or holder in due course maintain a complaint under section 138 of the Negotiable
Instruments Act? :-

Correct Options:

(A) Yes

Solution:

Yes

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57 A cheque is always drawn upon a certain :-

Correct Options:

(C) Banker

Solution:

Banker

58 Section 138 of the Negotiable Instruments Act came into force on :-

Correct Options:

(A) 01.04.1989

Solution:

01.04.1989

59 A promissory note, bill of exchange or cheque payable to bearer is negotiable :-

Correct Options:

(C) By delivery thereof

Solution:

By delivery thereof

60 A post dated cheque bears ______. :-

Correct Options:

(B) Future date

Solution:

Future date

61 'X' a Hindu aged 28 years marries 'Y' aged 25 years according to Hindu rites. It turns out that at the time of marriage 'Y'
was pregnant by someone other than 'X'. The marriage between 'X' and 'Y' is :-

Correct Options:

(C) Voidable

Solution:

Voidable

62 Treating the spouse with Cruelty is a ground for divorce. This has been held in the following case :-

Correct Options:

(C) Samar Ghosh v. Jaya Ghosh, 2007 (3) SCJ 253

Solution:

Samar Ghosh v. Jaya Ghosh, 2007 (3) SCJ 253

63 Which one of the following provisions of the Hindu Marriage Act, 1955 relates with the grounds of divorce exclusively
for wife? :-

Correct Options:

(D) Section 13(2)

Solution:

Section 13(2)

64 In Hindu Marriage Act, 1955 the provision of 'Divorce by Mutual Consent' was added by :-

Correct Options:

(B) Amendment in 1976

Solution:

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Amendment in 1976

65 Which one of the following is not the ground of voidable marriage under Hindu Marriage Act? :-

Correct Options:

(D) Bigamy

Solution:

Bigamy

66 Incapacity to consummate the marriage within the meaning of Section 12 of Hindu Marriage Act, 1955 :-

Correct Options:

(C) either physical or mental

Solution:

either physical or mental

67 If a man marries a girl who is within his prohibited relationship and his custom does not permit such marriage, such a
man would be punished under :-

Correct Options:

(C) Section 18(b) of the Hindu Marriage Act, 1955

Solution:

Section 18(b) of the Hindu Marriage Act, 1955

68 The proceedings in a case shall be in camera :-

Correct Options:

(A) matrimonial

Solution:

matrimonial

69 Which of the following is incorrect regarding "desertion" as a ground for divorce :-

Correct Options:

(D)
The statutory period of one year must have run out before a petition is
presented

Solution:

The statutory period of one year must have run out before a petition is presented

70 The child born of void and voidable marriage under Hindu Law is :-

Correct Options:

(A) Legitimate

Solution:

Legitimate

71 The Hindu Marriage Act, 1955 contains the minimum period of desertion for filing a suit for judicial separation is :-

Correct Options:

(C) Two years

Solution:

Two years

72 The Hindu Marriage Act, 1955 Contains the provision regarding divorce in :-

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Correct Options:

(C) Section 13

Solution:

Section 13

73 Which one of the following cases decided by the Supreme Court is related to 'mental cruelty'? :-

Correct Options:

(B) Dastane v. Dastane

Solution:

Dastane v. Dastane

74 Which of the following has not yet been statutorily recognized as a theory of divorce under the Hindu Marriage Act,
1955? :-

Correct Options:

(B) Will theory

Solution:

Will theory

75 'A' gives his daughter D, aged 16 years, in marriage to B, a boy aged 22 years, without her consent and against her
wishes. The marriage is :-

Correct Options:

(A) Voidable and can B annulled at the option of D

Solution:

Voidable and can B annulled at the option of D

76 The nature of marriage of an impotent person is :-

Correct Options:

(B) Voidable

Solution:

Voidable

77 Punishment for violation of Clause III of Section 5 of the Hindu Marriage Act has been provided in which of the following
Sections? :-

Correct Options:

(C) Section 18(a)

Solution:

Section 18(a)

78 In Smt. Seema v. Ashwani Kumar, AIR 2006 SC 1158, the SC discussed the following issue :-

Correct Options:

(C) Registration of Marriages

Solution:

Registration of Marriages

79 The constitutional validity of Section 9 of the Hindu Marriage Act, 1955 was tested in :-

Correct Options:

(A) Saroj Rani v. Sudharshan, AIR 1984 SC 1562

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Solution:

Saroj Rani v. Sudharshan, AIR 1984 SC 1562

80 Recently the Supreme court in Anil Kumar Jain v. Maya Jain has held that the requirement of six months waiting period
in cases of divorce by mutual consent in Hindu law can be relaxed by :-

Correct Options:

(B) Supreme Court only

Solution:

Supreme Court only

81 The Hindu Marriage Act, 1955 contains the provision regarding divorce in the provision regarding divorce in :-

Correct Options:

(D) Section 15

Solution:

Section 15

82 Sodomy is a ground for divorce under the :-

Correct Options:

(A) Hindu Marriage Act, 1955

Solution:

Hindu Marriage Act, 1955

83 Presently the Hindu Marriage Act, 1955 recognizes the following theories of divorce :-

Correct Options:

(C) Fault, Breakdown of Marriage, Mutual Consent and Customary

Solution:

Fault, Breakdown of Marriage, Mutual Consent and Customary

84 Under section 11 of the Hindu Marriage Act, 1955, the marriage may be declared null and void if :-

Correct Options:

(A) the parties are within the degrees of prohibited relationship

Solution:

the parties are within the degrees of prohibited relationship

85 Which one of the following is not a ground for divorce? :-

Correct Options:

(D) Irretrievable breakdown of marriage.

Solution:

Irretrievable breakdown of marriage.

86 Section 3(c) of the Hindu Succession Act defines :-

Correct Options:

(B) Cognate

Solution:

Cognate

87 Under the Hindu Marriage Act, 1955 a petition for divorce is presented before the :-

Correct Options:

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(C) District Court

Solution:

District Court

88 A Hindu husband converting to Islam and marrying again will be guilty of bigamy. It was held in which of the following
case? :-

Correct Options:

(C) Sarla Mudgal v. Union of India

Solution:

Sarla Mudgal v. Union of India

89 The term 'intestate' under the Hindu Succession Act, 1956 has been defined under which Clause of Section 3? :-

Correct Options:

(D) Clause (g)

Solution:

Clause (g)

90 Hindu Succession Amendment Act, 2005 came into effect on :-

Correct Options:

(D) 9th September, 2005

Solution:

9th September, 2005

91 A Joint Hindu Family does not include :-

Correct Options:

(B) Married daughter

Solution:

Married daughter

92 Every appeal from decrees or orders, under section 28 of Hindu Marriage Act, 1955 shall be preferred within how many
days from the date of decree or order :-

Correct Options:

(A) Within 90 days

Solution:

Within 90 days

93 Which section of the Hindu Marriage Act deals with Alimony :-

Correct Options:

(A) Section 24

Solution:

Section 24

94 Under the Hindu Succession Act, 1956 in the case of intestate' succession of a male Hindu father is :-

Correct Options:

(B) Class-II heir

Solution:

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Class-II heir

95 Which of the following pairs is correctly matched? :-

Correct Options:

(D) Father "Class II" heir

Solution:

Father "Class II" heir

96 Maintenance pendente-lite has been discussed under section _______ of Hindu Marriage Act, 1955. :-

Correct Options:

(B) 24

Solution:

24

97 'Jimutavahana' is known for his work :-

Correct Options:

(B) Dayabhag

Solution:

Dayabhag

98 A marriage of a Hindu man with the biological sister of his adopted sister is :-

Correct Options:

(B) valid

Solution:

valid

99 Testamentary succession relates to :-

Correct Options:

(A) Hindu Succession Act

Solution:

Hindu Succession Act

100 In which of the following case it was observed by Hon'ble Supreme Court that "Hindu widow is not coparcener in
undivided family of her husband, therefore, she cannot act as Karta of that undivided family, however she can act as its
manager" :-

Correct Options:

(A)
Shreya Vidyarthi v. Ashok Vidyarthi and others, (2015) 16 Supreme
Court Cases 46

Solution:

Shreya Vidyarthi v. Ashok Vidyarthi and others, (2015) 16 Supreme Court Cases 46

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