1ST NATIONAL SAMBHAV LAW CLAT PG 2022

MOCK TEST

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 PARA 1

It is a debatable question as to whether judges make law or simply declare an existing

one. According to the declaratory theory of precedent, judges are merely law finders and
not law-makers. Blackstone said that judges did not create any new principles of law
through their decisions but simply put a stamp of authority on the already existing
principles of law in the society. The judges either apply the Constitution or a legislation
or a custom to come to a conclusion. Coke said that judicial decisions are not source of
law but as the proof of what the law is. A number of jurists like Gray, Holmes, Dicey,
Salmond and others have proved beyond doubt that judges not only declare law but also
make it through their decisions. The law of torts is almost entirely a creation of judges
through their decisions. Dicey said that the best part of the law of England i.e. common
law is judge-made law. Bacon observed that there frequently arises novel cases or case
of first impression which the judge has to decide without the assistance of any pre-
determined legal rule. The principle laid down by judges in such cases are bound to be a
distinct contribution to the existing law. Judges may give a new meaning to the existing
law which becomes a new law (Law making theory).Constitutional cases decided by the
Supreme Court are binding and are "law". However, the judge has to interpret and made
law only within the material given by the Statute. In Devki Nandan Aggarwal v. Union
of India (AIR 1992 SC 96), the Supreme Court held that the power of judges to interpret
statutes is not unlimited. The court cannot rewrite, recast or reframe the legislation for
the very good reason that it has no power to legislate. The court shall decide what the law
is and not what it should be. The court cannot add words to a statute or read words into it
which are not there. The court will adopt a construction which will carry out the obvious
intention of the legislature but could not legislate itself.

Q.1 The object of judge-made law is

A) To achieve the ultimate purpose of justice.

B) The construction to carry out the obvious intention of the legislature.
C) To apply judicial mind and come to conclusions from the laws.
D) To expand the ambit of law.

CORRECT OPTION: B

Q.2 Consider the given statements

 I. The Court cannot read words into the statutes, which do not follow the doctrine
of ejusdem generis.
II. In cases of first impression, where there is no pre-determined legal rule
available, judges can apply new interpretations of the existing laws.

Choose the correct answer from the code given below.

A) Both (I) and (II) are true.

B) Both (I) and (II) are untrue.
C) (I) is true and (II) is untrue.
D) (II) is true and (I) is untrue.

CORRECT OPTION: A.

Q.3: What is the meaning of the maxim “Salus populi suprema lex esto”?

A) The Supreme (State) shall make law for the welfare of people.
B) Let the people make the supreme law.
C) Necessity of the people is the supreme law.
D) Let the welfare of the people be the supreme law.

CORRECT OPTION: D.

Q.4: Which of the following best defines the notion of the Declaratory theory of
precedent regarding judge-made law?

A) That judges did not create any new principles of law through their decisions.
B) That judges not only declare law but also make it through their decisions.
C) That judges apply judicial mind to frame principles that are made into law, they are
are not law-makers.
D) That the judges either apply the Constitution or a legislation or a custom to come to
a conclusion.

CORRECT OPTION: C.

Q.5: Choose the most appropriate option from the following:

The Judicial decisions in India are considered law because-

A) The power of judicial interpretation is a quasi-legislative power.

 B) The Court has the power to decide what law is and what it should be.
C) The application of judicial science dispenses justice.
D) The Court gives new interpretations to the existing law through its decisions.

CORRECT OPTION: B.

PARA 2

The decision in E.V. Chinnaiah has frozen all State authorities under Articles 14 to 16 of the
Constitution. E.V. Chinnaiah does not answer many questions raised. Articles 14 to 16
constitute a triumvirate of citizens' rights and obligations and conceived as equality and social
justice charters. The State is under corresponding obligations to devise measures and
methods, fashion, policies to promote and protect these rights. There is an interplay between
these rights as held in Indra Sawney. The equality rights under Article 14 and equal
opportunity rights under Articles 15 and 16 have been mutually reinforcing facets. The State
must undertake the emancipation of the deprived and weaker sections of the community. The
obligation to eradicate inequalities in status and wealth is complex obligations involving
redistribution and reallocation of resources, opportunities, and equitable access to all public
and social goods. Education, health, and public employment are all public goods of immense
value. Therefore, the State/States will always need the freedom to carry out informed
experiments without being fettered by undue or disproportionate claims. The court has to
keep social dynamics in mind and be careful not to chain the State or clamp its hand while
interpreting constitutional provisions. The rule of law demands that the State is able to
harmonise and balance several competing claims and interests. E.V. Chinnaiah is based on
the premise that all Scheduled Castes can and must collectively enjoy the benefits of
reservation regardless of interse inequality. The broad statement in E.V. Chinnaiah has no
demonstrable truth in empirical terms and is not supported under the judgment itself. The
decision in E.V. Chinnaiah cannot be said to be absolute to a standard so high based on stare
decisis as to freeze our constitutional understanding permanently and place of the judicial
pronouncement.

Q1. Which of the following judgments is related to the constitutional validity of Punjab
Scheduled Castes and Backward Classes?
A) Chebrolu Leela Prasad Rao v. State of Andhra Pradesh, 2020 SCC OnLine SC 383
B) State of Punjab And Ors. v. Davinder Singh And Ors., 2020 SCC Online SC 677
 C) E.V. Chinnaiah v. State of A.P., (2005) 1 SCC 394
D) Jarnail Singh v. Lachhmi Narain Gupta,2018 SCC OnLine SC 1641

CORRECT OPTION: B

Q2. Which of the following statements is not true regarding the Indra Sawhney Case of
1992?
A) In the Indra Sawhney Case of 1992, the Supreme Court while upholding the 27
percent quota for backward classes, gave clearance to the government notification
reserving 10% government jobs for economically backward classes among the higher
castes.
B) In the Indra Sawhney Case of 1992, the Supreme Court upheld the principle that the
combined reservation beneficiaries should not exceed 50 percent of India’s
population.
C) Through the Indra Sawhney Case of 1992, the concept of ‘creamy layer’ gained
currency and provision that reservation for backward classes should be confined to
initial appointments only and not extend to promotions.
D) In Indra Sawhney v. Union of India of 1992, the court examined the scope and extent
of Article 16(4).

CORRECT OPTION: A

Q3. Which of the following statements is not true related to Equality of opportunity (Article
16) in matters of public employment is
A) There shall be equality of opportunity for all citizens in matters relating to
employment or appointment to any office under the State.
B) No citizen shall, on grounds only of religion, race, caste, sex, descent, place of birth,
residence or any of them, be ineligible for, or discriminated against in respect of, any
employment or office under the State.
C) Nothing in this article shall prevent judiciary from suggesting any law prescribing, in
regard to a class or classes of employment or appointment to an office under the
Government of, or any local or other authority within, a State or Union territory, any
requirement as to residence within that State or Union territory prior to such
employment or appointment.
 D) Nothing in this article shall prevent the State from making any provision for
reservation in matters of promotion, with consequential seniority, to any class or
classes of posts in the services under the State in favour of the Scheduled Castes and
the Scheduled Tribes which, in the opinion of the State, are not adequately
represented in the services under the State.

CORRECT OPTION: C

Q4. In which of the following Constitutional Amendments was Article 342A, that provides
for Socially and Educationally Backward Classes added in the Constitution?
A) The Constitution (102nd Amendment) Act, 2018
B) The Constitution (101st Amendment) Act, 2017
C) The Constitution (99th Amendment) Act, 2015
D) The Constitution (103rd Amendment) Act, 2019

CORRECT OPTION: A

Q5. Which of the following statements related to constitutional provision for the benefit of
Backward Classes is not true?
A) Article 340 deals with the need to, inter alia, identify those "socially and educationally
backward classes", understand the conditions of their backwardness, and make
recommendations to remove the difficulties they face.
B) Article 342(A) empowers the President to specify socially and educationally
backward classes in various states and union territories. He can do this in consultation
with the Governor of the concerned State. However, a law enacted by Parliament will
be required if the list of backward classes is to be amended.
C) Article 347 introduces greater transparency as it is made mandatory to take the
concurrence of Parliament for adding or deleting any community in the backward list.
D) Article 338B provides authority to the National Commission for Backward Classes
(NCBC) to examine complaints and welfare measures regarding socially and
educationally backward classes.

CORRECT OPTION: C

PARA 3
 The Constitution Bench in State of Bombay v. R.M.D. Chamarbaugwala has clearly stated
that Constitution makers who set up an ideal welfare State have never intended to elevate
betting and gambling on the level of country's trade or business or commerce. In this country,
the aforesaid were never accorded recognition of trade, business or commerce and were
always regulated and taxing the lottery, gambling and betting was with the objective as noted
by the Constitution Bench in the case of State of Bombay v. R.M.D. Chamarbaugwala
(supra), we, thus, do not accept the submission of the petitioner that there is any hostile
discrimination in taxing the lottery, betting and gambling and not taxing other actionable
claims. The rationale to tax the aforesaid is easily comprehensible as noted above. The Court
explained that for determining the value of the lottery, there is statutory provision contained
in Section 15 read with Rule 31A. Section 15 of the Act, 2017 by sub-section (2) it is provided
what shall be included in the value of supply. What can be included in the value is enumerated
in sub-clause (a) to (e) of sub-section (2) of Section 15 and subsection (3) provides what shall
not be included in the value of the supply. Further, Rule 31A, sub-rule (2) as amended clearly
provides that value of supply shall be deemed to be 100/128 of the face value of ticket or of
the prize as notified in the Official Gazette by the Organising State, whichever is higher. The
Court concluded that the value of taxable supply is a matter of statutory regulation and when
the value is to be transaction value which is to be determined as per Section 15 it is not
permissible to compute the value of taxable supply by excluding prize which has been
contemplated in the statutory scheme.

Q1. Article 14 in the Constitution of India is a:

A) Positive right
B) Negative right
C) Both positive and negative
D) Neither positive nor negative

CORRECT OPTION: C

Q2. Which of the following is true as per the case referred to in the given excerpt?
A) Actionable claims are taxable as services under GST
B) Actionable claims are taxable as goods under GST
C) Actionable claims are not taxable as goods under GST, as only lottery, betting and
gambling are taxable
 D) Actionable claims are taxable as both goods and services under GST

CORRECT OPTION: B

Q3. The petitioner in the case referred to in the given excerpt challenged the intelligible
differentia for excluding lotteries, betting and gambling from the other actionable
claims. Which of the following does not justify the application of intelligible differentia?
A) A minor is not competent to enter into a contract
B) Prisoners guilty of crime against women are treated differently from second prisoners
who are not guilty of crime against women
C) Charities and libraries are exempted from surtax whereas other residences are not.
D) District-wise distribution of seats in the state colleges on the basis of the proportion
of population of a district to the total population of the State

CORRECT OPTION: D

Q4. In India, GST is a ___________ based tax that is levied on every value addition
A) Goods and Service
B) Income and Expenditure
C) Income and Expenditure
D) Destination

CORRECT OPTION: A

Q5. Which of the following is true in relation to the case referred to in the given excerpt?
A) There is a hostile discrimination in taxing the lottery, betting and gambling and not
taxing other actionable claims
B) While determining the taxable value of supply the prize money is not to be excluded
for the purpose of levy of GST.
C) Inclusion of actionable claim in the definition of goods as given in Central Goods and
Services Tax Act, 2017 is contrary to the legal meaning of goods
D) The legislative power for levying tax on sale of goods being restricted to enacting
legislation for levying tax on transactions which conform to the definition of sale of
goods within the meaning of the Sale of Goods Act, 1930,

CORRECT OPTION: B
 PARA 4
In Yudhishter v. Ashok Kumar it was ruled that, “that under the Hindu law, the moment a
son is born, he gets a share in father's property and becomes part of the coparcenary. His right
accrues to him not on the death of the father or inheritance from the father but with the very
fact of his birth. Normally, therefore whenever the father gets a property from whatever
source, from the grandfather or from any other source, be it separated property or not, his son
should have a share in that and it will become part of the joint Hindu family of his son and
grandson and other members who form joint Hindu family with him. This Court observed
that this position has been affected by Section 8 of the Hindu Succession Act, 1956 and,
therefore, after the Act, when the son inherited the property in the situation contemplated by
Section 8, he does not take it as Karta of his own undivided family but takes it in his
individual capacity.” Emphasising this, in the case of Arshnoor Singh v. Harpal Kaur, the
court observed that: After the Hindu Succession Act, 1956 came into force, this position has
undergone a change. Post 1956, if a person inherits a self-acquired property from his paternal
ancestors, the said property becomes his self-acquired property, and does not remain
coparcenary property. If succession opened under the old Hindu law i.e. prior to the
commencement of the Hindu Succession Act, 1956, the parties would be governed by
Mitakshara law; the property inherited by a male Hindu from his paternal male ancestor shall
be coparcenary property in his hands vis-à-vis his male descendants up to three degrees below
him. The nature of property will remain as coparcenary property even after the
commencement of the Hindu Succession Act, 1956.

Q1. Which of the following provisions provides for devolution of interest in coparcenary
property?
A) Section 5 of The Hindu Succession Act, 1956
B) Section 6 of The Hindu Succession Act, 1956
C) Section 7 of The Hindu Succession Act, 1956
D) Section 8 of The Hindu Succession Act, 1956

CORRECT OPTION: B

Q2. Which of the following is true with regards to inheritance of property under old
Mitakshara law?
A) If a person inherits a self-acquired property from his paternal ancestors, the said
property becomes his self-acquired property
 B) If a person inherits a self-acquired property from his paternal ancestors, the said
property becomes his self-acquired property and then to his male legal heirs up to
three degrees below him
C) If a person inherits a self-acquired property from his paternal ancestors, the said
property becomes his coparcenary property and then to his male legal heirs up to three
degrees below him
D) If a person inherits a self-acquired property from his paternal ancestors, the said
property does not become his coparcenary property

CORRECT OPTION: C

Q3. Which of the following is not true regarding the doctrine of lis pendens as per the
case of Arshnoor Singh v. Harpal Kaur?
A) The lis pendens doctrine states that no fixed property may be transferred when a
lawsuit relating to it is pending.
B) The lis pendens doctrine prevents transfer of the title of any disputed property with
the Court’s consent.
C) The lis pendens doctrine is mentioned in Section 52 Transfer of Property Act
D) This lis pendens doctrine states that the transfer of property shall be restricted when
there is a litigation pending on the title or any rights that arise directly thereof
involving an immovable property.

CORRECT OPTION: B

Q4. If A, B and C are sons of D and B1 and C1 are his grandsons being the sons of B and
C who are all alive at the time of institution of the suit for partition by B on 1-1-2020
then which of the following is not correct in relation to Mitakshara law?
A) Each branch represented by A, B, C, D gets equal shares as on 1-1-2020.
B) If D has a son X during the pendency of the suit, X is entitled to a share ¼th allotted
to other branches.
C) If A has a son A1 after the suit, then A1 is entitled to the ¼th of the share.
D) If A has a son A1 after the suit but A has sold his share after the suit was filed but
before the birth of A1, A1 cannot question the sale.
CORRECT OPTION: C

Q5. Which of the following does not fall under the category of heirs in class I according
to Section 8 of the Hindu Succession Act, 1956?
A) Children born out of void or voidable marriages
B) Adoptive mother
C) Widow of a predeceased son
D) Father

CORRECT OPTION: D

PARA 5
The Polluter Pays principle has been held to be a sound principle by this Court in Indian
Council for Enviro- Legal Action vs. Union of India J.T. 1996 (2) 196. The Court observed,
"We are of the opinion that any principle evolved in this 'behalf should be simple practical
and suited to the conditions obtaining in this country". The Court ruled that "Once the activity
carried on is hazardous or inherently dangerous, the person carrying on such activity is liable
to make good the loss caused to any other person by his activity irrespective of the fact
whether he took reasonable care while carrying on his activity. The rule is premised upon the
very nature of the activity carried on". Consequently the polluting industries are "absolutely
liable to compensate for the harm caused by them to villagers in the affected area, to the soil
and to the underground water and hence, they are bound to take all necessary measures to
remove sludge and other pollutants lying in the affected areas". The "Polluter Pays" principle
as interpreted by this Court means that the absolute liability for harm to the environment
extends not only to compensate the victims of pollution but also the cost of restoring the
environmental degradation. Remediation of the damaged environment is part of the process
of "Sustainable Development" and as such polluter is liable to pay the cost to the individual
sufferers as well as the cost of reversing the damaged ecology.

Q.1: In which of the following cases did the Supreme Court held that pollution is a civil
wrong and is a tort committed against the community as a whole. Thus, any person
guilty of causing pollution has to pay damages (compensation) for restoration of the
environment and ecology.'?
 A) The Oleum Gas Leak case (M.C. Mehta vs. Union of India), 1987 AIR 1086
B) M. C. Mehta vs Kamal Nath, (1997) 1 SCC 388
C) Indian Council of Enviro-legal Action vs Union of India, 1996 AIR 1446
D) Vellore Citizens' Welfare Forum vs. Union of India, 1996 5 SCR 241

CORRECT ANSWER: B

Q.2: The principle of ‘No-fault liability’ means:

A) Liability for damage caused through negligence

B) Liability for damage caused through fault.
C) Absolute Liability even without any negligence or fault.
D) Freedom from liability

CORRECT ANSWER: C

Q.3: Which of the following Articles under the Indian Constitution makes
environmental protection a fundamental duty of every citizen in India?

A) Article 51-A (a) of the Indian Constitution, 1950

B) Article 51-A (g) of the Indian Constitution, 1950
C) Article 51-A (f) of the Indian Constitution, 1950
D) Article 51-A (d) of the Indian Constitution, 1950

CORRECT ANSWER: B

Q.4: In which of the following cases did the court remark that it is bound to bear in
mind Article 48A and 51A (g) articles whenever a case related to Environmental
problem is brought to the Court?

A) Sachidanand Pandey v. State of West Bengal, 1987 AIR 1109

B) Indian Council for Enviro-Legal Action vs. Union of India, 1996 AIR 1446
C) Almitra H. Patel & Ors. v. Union of India, AIR 2000 SC 1726
D) Damodar Rao v. S.O. Municipal Corporation, AIR 1987 AP 171

CORRECT ANSWER: A

Q.5: Which of the following statements regarding the “Polluter Pays” Principle is
incorrect?
 A) A person carrying out a hazardous or inherently dangerous activity is liable to make
good the loss caused to any other person by his activity to the extent where he took
reasonable care while carrying on his activity.
B) Under the "Polluter Pays" principle, the absolute liability for harm to the environment
extends not only to compensate the victims of pollution but also the cost of restoring
the environmental degradation.
C) Remediation of the damaged environment is part of the process of "Sustainable
Development" and as such polluters are liable to pay the cost to the individual
sufferers as well as the cost of reversing the damaged ecology.
D) Under the Polluter Pays Principle, it is not the role of the Government to meet the
costs involved in either prevention of such damage, or in carrying out remedial action,
as the effect of this would be to shift the financial burden of the pollution incident to
the taxpayer.

CORRECT ANSWER: A

PARA 6

It was submitted before the Court that on the date when the offences took place, i.e.
04.5.1985, offences under Section 324 IPC were compoundable which subsequently have
been made non-compoundable. Further, both the appellants were now more than 75 years of
age and acting under the order of this Court dated 17.12.2020, the appellants had deposited
amount for compensation to be paid to the legal heirs. Hence, it was the offences be
compounded. In the present case, the accused was already convicted for offence under
Section 324 IPC. By Cr.P.C. (Amendment) Act, 2005, offence under Section 324 IPC has
been made non-compoundable offence. Prior to the aforesaid amendment, offence under
Section 324 was compoundable. The Court, hence, agreed that on the date when offence was
committed, i.e., 04/05.05.1985, the offence under Section 324 IPC was compoundable. It
was, however, of the opinion that the offence under Section 324 in the facts of the present
case can be compounded only with permission of the Court. Sub-Section (5) of Section 320
provides that “no composition for the offence shall be allowed without the leave of the
Court.” Thus, the composition of the offence in the facts of the present case is not permissible
only on the agreement on the request of the appellant which may be also accepted by the
legal heirs of the deceased but composition is permissible only by the leave of the Court.The
grant of leave as contemplated by sub-section (5) of Section 320 is not automatic nor it has
to be mechanical on receipt of request by the appellant which may be agreed by the victim.
The statutory requirement, makes it a clear duty of the Court to look into the nature of the
offence and the evidence and to satisfy itself whether permission should be or should not be
granted. The administration of criminal justice requires prosecution of all offenders by the
State.

Q.1: Which of the following sections deals with voluntarily causing hurt by dangerous
weapons except those cases mentioned under Section 334 of the Indian Penal Code,
1860?

A) Section 324 of the Indian Penal Code, 1860.

B) Section 342 of the Indian Penal Code, 1860.
C) Section 333 of the Indian Penal Code, 1860.
D) Section 343 of the Indian Penal Code, 1860.

CORRECT OPTION: A
Q.2: Which of the following courts has the authority to try cases under Section 324 of
the Indian Penal Code, 1860?
A) High Court.
B) Magistrate of the first class.
C) Magistrate of the second class.
D) Any magistrate having jurisdiction.
CORRECT OPTION: D

Q.3: Which of the following Cr. PC (Amendment) Act made the offences under
Section 324 of Indian Penal Code, 1860 as both a non- compoundable and non-
bailable offence?
A) Cr. PC (Amendment) Act, 2005.
B) Cr. PC (Amendment) Act, 2008.
C) Cr. PC (Amendment) Act, 2018.
D) Cr. PC (Amendment) Act, 2019.
CORRECT OPTION: A

Q.4: Which of the following statements are true regarding the judgement in the case of
Pravat Chandra Mohanty v. State of Odisha, (2021) 3 SCC 529 ?
 A) The judgement deals with the offence of police brutality, wrongful confinement and
causing culpable homicide not amounting to murder.
B) The judgement deals with the offence of wrongful confinement for the purpose of
murder.
C) The judgement deals with the offence of causing grievous hurt by means of
dangerous weapons.
D) Both (B) and (C)
CORRECT OPTION: A

Q.5: Which of the following statements is not true regarding the provisions of Section
324 of Indian Penal Code, 1860?
A) The offence under Section 324 is a cognizable and a bailable offence in nature.
B) The offence under Section 324 is a cognizable and a non - bailable offence in
nature.
C) The offence under Section 324 is punishable with imprisonment of either
description for a term which may extend to three years, or with fine, or with both.
D) The offence under Section 324 is triable by any Magistrate who has the authority
over the area wherein such offence was committed.
CORRECT OPTION: A

PARA 7
Now so far as the prayer on behalf of the accused to reduce the sentence considering the
proviso to Section 376 IPC is concerned, as per section 376 IPC pre-amendment, the
minimum punishment shall be seven years. However, as per the proviso, the court may, for
adequate and special reasons to be mentioned in the judgement, impose a sentence of
imprisonment for a term of less than seven years. No exceptional and/or special reasons are
made out to impose the sentence of imprisonment for a term of less than seven years. On the
contrary and in the facts and circumstances of the case, it can be said that the accused has
been dealt with lightly by imposing the minimum sentence of seven years rigorous
imprisonment only. The victim was the relative. Nobody in the family at the matrimonial
home supported her and she suffered the trauma. She was compelled to go to her parental
house and thereafter she was able to lodge the FIR. The accused has come out with a false
case/plea of alibi, which is not accepted by the courts below. Under the circumstances, the
prayer of the appellant to reduce the sentence and/or to convert the sentence from seven years
rigorous imprisonment to seven years simple imprisonment is not accepted and it is rejected.
In view of the above and for the reasons stated above, the present appeal fails and the same
deserves to be dismissed and is accordingly dismissed. The conviction and sentence awarded
to the accused – appellant herein for the offence under Section 376 IPC is hereby confirmed.

Q.1: In which of the following cases did the Supreme Court held that conviction can
be sustained on the sole testimony of the prosecutrix if it inspires confidence and that
there is no rule of law or practice that the evidence of the prosecutrix cannot be relied
upon without corroboration.

A) Ganesan v. State, (2020) 10 SCC 573

B) Santosh Prasad v. State of Bihar, (2020) 3 SCC 443
C) State of H.P. v. Manga Singh, (2019) 16 SCC 759
D) State (NCT of Delhi) v. Pankaj Chaudhary, (2019) 11 SCC 575
CORRECT OPTION: D

Q.2: Which section of the Indian Evidence Act defines a competent witness?

A) Section 118 in The Indian Evidence Act, 1872

B) Section 108 in The Indian Evidence Act, 1872
C) Section 114 in The Indian Evidence Act, 1872
D) Section 411 in The Indian Evidence Act, 1872

CORRECT OPTION: A

Q.3: Which of the following statements is not true regarding the judgement of Phool
Singh v. State of M.P., 2021 SCC OnLine SC 1153?
A) The medical evidence must depict some internal/external injuries attributable to
sexual assault in order to sustain the charge of rape.
B) Evidence of the victim of sexual assault is enough for conviction and it does not
require any corroboration unless there are compelling reasons for seeking
corroboration.
C) Victim of a sexual offence cannot be put on a par with an accomplice
 D) Victim of a sexual offence is undoubtedly a competent witness under Section 118
and her evidence must receive the same weight as is attached to an injured person in
cases of physical violence.
CORRECT OPTION: A

Q.4: Under Section 375 of Indian Penal Code Rape.—A man is said to commit “rape”
who, except in the case hereinafter excepted, has sexual intercourse with a woman
under circumstances falling under any of the six following descriptions.
Which of the following circumstances is not true under Section 375 IPC?
A) With her consent, when her consent has been obtained by putting her or any person
in whom she is interested in fear of death or of hurt.
B) With or without her consent, when she is under fifteen years of age. Penetration is
sufficient to constitute the sexual intercourse necessary to the offence of rape.
C) With her consent, when the man knows that he is not her husband, and that her
consent is given because she believes that he is another man to whom she is or
believes herself to be lawfully married.
D) Without her consent.

CORRECT OPTION: B

Q.5: _____is the defence to a criminal charge to the effect that the accused was
elsewhere that at the scene of the alleged crime
A) Plea of alibi
B) Duress or Coercion
C) Abandonment
D) Necessity

CORRECT OPTION: A

PARA 8
The bench of KM Joseph and PS Narsimha, JJ has reiterated the test laid down for invoking
the power under Section 319 CrPC and has held that only when strong and cogent evidence
occurs against a person from the evidence the power under Section 319 CrPC should be
exercised. The power cannot be exercised in a casual and cavalier manner. The Court took
note of the test laid down in Hardeep Singh v. State of Punjab, (2014) 3 SCC 92, wherein it
was held that though only a prima facie case is to be established from the evidence led before
the court, not necessarily tested on the anvil of cross-examination, it requires much stronger
evidence than mere probability of his complicity. The test that has to be applied is one which
is more than prima facie case as exercised at the time of framing of charge, but short of
satisfaction to an extent that the evidence, if goes unrebutted, would lead to conviction. In
the absence of such satisfaction, the court should refrain from exercising power under Section
319 Cr.P.C. It was further explained that in Section 319 Cr.P.C. the purpose of providing if
‘it appears from the evidence that any person not being the accused has committed any
offence’ is clear from the words “for which such person could be tried together with the
accused.” The words used are not ‘for which such person could be convicted’. There is,
therefore, no scope for the court acting under Section 319 Cr.P.C. to form any opinion as to
the guilt of the accused. Power under Section 319 Cr.P.C. is a discretionary and an
extraordinary power. It is to be exercised sparingly and only in those cases where the
circumstances of the case so warrant. It is not to be exercised because the Magistrate or the
Sessions Judge is of the opinion that some other person may also be guilty of committing that
offence. Only where strong and cogent evidence occurs against a person from the evidence
led before the court that such power should be exercised and not in a casual and cavalier
manner.”
Q.1: Which of the following statements is not true regarding the power to proceed
against other persons appearing to be guilty of offence under Section 319 of the
Criminal Procedural Code, 1973?
A) When a person appears to be guilty and does not attend the Court, he may be arrested
or summoned as the circumstances of the case require.
B) When a person appears to be guilty and attends the Court, without being arrested or
under summons, the Court may detain him for the purpose of inquiry or trial which
he appears to have committed.
C) When a person appears to be guilty and attends the Court, without being arrested or
under summons, the Court may detain him for the purpose of inquiry or trial which
he may not appear to have committed.
D) When a person appears to be guilty on the basis of the evidence produced, he could
be tried with the accused and the Court may proceed against him for the offense
which he appears to have committed.
CORRECT OPTION: C
Q.2: In which of the following cases, the Supreme Court explained the meaning of the
expression “any person not being the accused” as defined under Section 319(1) of the
Criminal Procedural Code, 1973?
A) Gajendra Singh & Ors Vs State of Bihar (2014) 5 SCC 124.
B) Hardeep Singh Vs. State of Punjab (2014) 3 SCC 92
C) Vikas Vs State of Rajasthan, (2014) 3 SCC 321.
D) Dharampal Vs. State of Haryana, (2016) 4 SCC 160.
CORRECT OPTION: A

Q.3: According to Section 319 of Criminal Procedural Code, 1973, the Court can
initiate proceedings when ____________.
A) The Accused person doesn’t appear to be guilty
B) The trial is yet to begin
C) During the inquiry or trial
D) Both (A) and (C)
CORRECT OPTION: B

Q.4: The Section 319 of Criminal Procedure Code is based on the doctrine of-
A) Judex damnatur cum nocens absolvitur
B) Fiat justitia ruat caelum
C) Suppressio Veri or Suggestio Falsi
D) Nullus Commodum Capere Potest De Injuria Sua Propria/ Juri Ex Injuria Non
Oritur
CORRECT OPTION: A

Q.5: Which of the following statements is not true regarding the Supreme Court
guidelines issued for exercising powers under Section 319 of the Criminal Procedural
Code, 1973?
A) That the Court can exercise its power either by Suo Moto or upon application by that
the power conferred upon the Court is discretionary but cannot be exercised in a
casual and cavalier manner.
B) The exercise of this power is warranted when the Magistrate or the Sessions Judge,
prima facie is of the opinion that some other person may also be guilty of committing
that offence.
 C) The Supreme Court guidelines state that the Section 319(1) is applicable to all the
Courts in India.
CORRECT OPTION: C

PARA 9
In the case Amish Devgan v Union of India, the judgment delivered by the Supreme Court
contains an elaborate discussion on the concept of ‘hate speech’. Justices A M Khanwilkar
and Sanjay Khanna discuss the distinctions between ‘hate speech’ and ‘free speech’, the need
to criminalize ‘hate speech’ and ‘free speech’. The judgment authored by Justice Khanna
observed, “In a polity committed to pluralism, hate speech cannot conceivably contribute in
any legitimate way to democracy and, in fact, repudiates the right to equality.” In Para 54
the Judgement said, “In this context, it is necessary to draw a distinction between ‘free
speech’ which includes the right to comment, favour or criticise government policies; and
‘hate speech’ creating or spreading hatred against a targeted community or group. The
former is primarily concerned with political, social and economic issues and policy matters,
the latter would not primarily focus on the subject matter but on the substance of the message
which is to cause humiliation and alienation of the targeted group”. The object of
criminalising hate speech to protect the dignity of an individual and to ensure political and
social equality between different identities and groups regardless of caste, creed, religion,
sex, gender identity, sexual orientation, linguistic preference etc, the court observed. The
Court explained in Para 46 that ‘dignity’ “refers to a person’s basic entitlement as a member
of a society in good standing, his status as a social equal and as bearer of human rights and
constitutional entitlements”. In this context of hate speech, “does not refer to any particular
level of honour or esteem as an individual, as in the case of defamation which is
individualistic”, the court clarified. “Loss of dignity and self-worth of the targeted group
members contributes to disharmony amongst groups, erodes tolerance and open-mindedness
which are a must for multi-cultural society committed to the idea of equality. It affects an
individual as a member of a group”, the Court observed.

Q.1: A person ‘M’ posted his comment on social media after the communal riots. The
police ask M to refrain himself from posting such comments because of high tension
going in the society due to riots. A contended that he has the freedom of speech and
expression under Article 19 (1) through the internet so his right cannot be restricted.
Decide
 A) Police officer can do it as he has the authority because he is the in charge of the area
and it is duty to maintain peace in the locality
B) Police officer cannot do it as A has an absolute right of has the freedom of speech and
expression through internet
C) Police officer can do it as this is the reasonable restriction provided under Article
19(2)
D) None of the above

CORRECT OPTION: C

Q.2: Which of the following issues was raised in Amish Devgan v. Union of India, 2020
SCC OnLine SC 994?

A) Infringement of religious sentiments of a particular community.

B) Disproportionate use of Section 66 of Information and Technology Act, 2000.
C) The suspension of internet services in the disturbed region of the country.
D) None of the Above.

CORRECT OPTION: A
Q.3: Which of the following statements is not true concerning “Hate Speech”?

A) Indian Penal Code contains various sections which are applicable to hate speech.
These sections criminalize hate speech and prescribes punishment for such an
offence.
B) The intention is a crucial and important factor in this offence. Mens Rea is required
to be proved for proving the commission of the offence.
C) Truth can be taken as a defence in the offences related to hate speeches and can also
serve as an absolute defence.
D) Section 153B of the IPC, which criminalizes imputations and assertions by speech
directed towards certain members of a group which arises by virtue of them being a
member of such a community prejudicial to national integration holding them liable
for such speech.

CORRECT OPTION: C
Q.4: Which of the following statements is not true regarding the Section 295A in the
Indian Penal Code, 1860?

A) Section 295A is defined as deliberate and malicious acts, intended to outrage religious
feelings of any class by insulting their religion or religious beliefs.
B) The offence under Section 295A is non-cognizable and a non-bailable and non-
compoundable offence.
C) Section 295A IPC does not penalise any and every act of insult to or attempts to insult
any religion or the religious beliefs of a class of citizens.
D) Those who are charged with the aforementioned section shall be punished with
imprisonment of either description for a term which may extend to three years, or
with fine, or with both.

CORRECT OPTION: B
Q.5: Under which of the following grounds the freedom of speech and expression
guaranteed under Article 19 (1) could not be restricted?

A) Sovereignty and integrity of India

B) Friendly relations with foreign States
C) Protection of the interests of any marginalized community
D) Defamation or incitement to an offence

CORRECT OPTION: C

PARA 10
The legal effects of recognition differ depending on the forum. While in international and
continental European courts recognition has only probative value, in English and American
courts an official statement of recognition or non-recognition by the forum government is
conclusive evidence as to the legal status of a foreign authority or entity. The question of
recognition may determine access to the courts (locus standi), privileges and immunities, the
legal status of individuals, the right to recover State property in the forum, and the judicial
cognizance of foreign legal acts. The traditional (English) common law rule of “non-
recognition, non-cognizance,” according to which a State or government that is not
recognized as such does not exist in the eyes of the law, has been mitigated by the courts,
inter alia, by giving retroactive effect to recognition, treating an unrecognized authority as
the “subordinate body” of a recognized State, and by giving effect to the laws and legal acts
that regulate the day-to-day affairs of the people in an unrecognized State or government.
Although recognition is essentially a political act, it is one that entails important legal
consequences. Recognition involves legal effects both in the international level and in the
domestic level. If an entity is recognized as a State, it will be entitled to rights and subjected
to duties that would not be relevant otherwise, and it will enjoy privileges and immunities of
a foreign State before the national courts of other States, which would not be allowed to other
entities.

Q.1: The Tobar Doctrine, a political principle in the Americas, enunciated by C. R.

Tobar is related to
A) The recognition of a state
B) The recognition of a government
C) The recognition of insurgents
D) None of these

CORRECT OPTION: A

Q.2: Which of the following is not an essential prerequisite that an entity should possess
in order to acquire recognition as a state?

A) The entity should have a government of that particular territory.

B) The entity should have an ethnically homogenous permanent population.
C) The entity should have a definite territory and it should be controlled by it.
D) The entity should have the capacity to enter into relations with other states.
CORRECT OPTION: B

Q.3: The common law rule of ________________, wherein a State is not recognized as
such does not exist in the eyes of the law, has been mitigated by the courts, by giving
retroactive effect to recognition.
 A) non-observation, non-cognizance
B) non-recognition, non-cognizance
C) non-cognizance, non-recognition
D) non-acknowledgment, non-recognition
CORRECT OPTION: B

Q.4: Which of the following is not true regarding the legal effects of recognition?
A) Under English and American courts, apart from an official statement of recognition
or non-recognition by the forum government, a diplomatic establishment is also
required as conclusive evidence as to the legal status of a foreign authority or entity.

B. If an entity is recognized as a State, it will be entitled to rights and subjected to duties

that would not be relevant otherwise, and it will enjoy privileges and immunities of a
foreign State before the national courts of other States, which would not be allowed
to other entities.

C. The question of recognition may determine access to the courts (locus standi),
privileges and immunities, the legal status of individuals, the right to recover State
property in the forum, and the judicial cognizance of foreign legal acts.

D. Upon recognition, a state acquires the capacity to enter into diplomatic relations and
treaties with other states and also becomes qualified to be a member of the United
Nations organisation
CORRECT OPTION: A
Q.5: Which of the following provisions under International Law provides for the
essentials that an entity should possess in order to acquire recognition as a state?
A) Article 3 of Montevideo Conference of 1933
B) Article 7 of the Vienna Convention, 1961
C) Article 10 of Tokyo Convention, 1963
 D) Article 1 of Montevideo Conference of 1933

CORRECT OPTION: D
PARA 11
Offences under Section 307 IPC and the Arms Act etc. would fall in the category of heinous
and serious offences and therefore are to be treated as crime against the society and not
against the individual alone, and therefore, the criminal proceedings for the offence under
Section 307 IPC and/or the Arms Act etc. which have a serious impact on the society cannot
be quashed in exercise of powers under Section 482 of the Code, on the ground that the
parties have resolved their entire dispute amongst themselves. However, the High Court
would not rest its decision merely because there is a mention of Section 307 IPC in the FIR
or the charge is framed under this provision. It would be open to the High Court to examine
as to whether incorporation of Section 307 IPC is there for the sake of it or the prosecution
has collected sufficient evidence, which if proved, would lead to framing the charge under
Section 307 IPC. For this purpose, it would be open to the High Court to go by the nature of
injury sustained, whether such injury is inflicted on the vital/delegate parts of the body, nature
of weapons used etc. However, such an exercise by the High Court would be permissible
only after the evidence is collected after investigation and the charge sheet is 25 filed/charge
is framed and/or during the trial. Such exercise is not permissible when the matter is still
under investigation.
Q.1: In which of the following cases the Court has noted the difference between the
power of compounding of offences conferred on a court under Section 320 Cr.P.C. and
the powers conferred under Section 482 Cr.P.C. for quashing criminal proceedings by
the High Court ?

A) Narinder Singh vs. State of Punjab (2014) 6 SCC 466

B) State of Rajasthan vs. Shambhu Kewat (2014) 4 SCC 149
C) State of Madhya Pradesh v. Laxmi Narayan, 2019 SCC OnLine SC 320
D) State of Madhya Pradesh vs. Deepak (2014) 10 SCC 285

CORRECT OPTION: B

Q.2: Saving the inherent powers of the High Court is mentioned in which section of
Criminal Procedure code 1973?
A) Section 320 of The Code Of Criminal Procedure, 1973
B) Section 482 of The Code Of Criminal Procedure, 1973
C) Section 307 of The Code Of Criminal Procedure, 1973
D) Section 428 of The Code Of Criminal Procedure, 1973

CORRECT OPTION: B

Q.3: Which of the following statements is true regarding the judgment in State of
Madhya Pradesh v. Laxmi Narayan, 2019 SCC OnLine SC 320 ?

A) Offences under Section 307 IPC and the Arms Act etc. would fall in the category of
heinous and serious offences and therefore are to be treated as crime against the
individual and not against the society.
B) The criminal proceedings for the offence under Section 307 IPC and/or the Arms Act
etc. which have a serious impact on the society cannot be quashed in exercise of powers
under Section 482 of the Code, on the ground that the parties have resolved their entire
dispute amongst themselves.
C) The power conferred under Section 482 of the Code to quash the criminal proceedings
for the compoundable offences under Section 320 of the Code can be exercised having
overwhelmingly and predominantly the criminal character.
D) Offences committed by public servants while working in that capacity can be quashed
on the basis of compromise between the victim and the offender.

CORRECT OPTION: B

Q.4: Which of the following statements is not true regarding Section 482 in The Code
of Criminal Procedure, 1973?

A) Nothing in the Code of Criminal Procedure shall be deemed to limit or affect the
inherent powers of the High Court to make such orders as may be necessary to give
effect to any order under this Code, or to prevent abuse of the process of any Court or
otherwise to secure the ends of justice.
B) Even at the interim stage, the High Court must demonstrate an application of mind and
furnish reasons for issuing any interlocutory direction under section 482 Cr.PC, which
is capable of being tested before the Supreme Court in an appropriate case.
C) In proceedings instituted on complaint, exercise of inherent powers under Section 482
CrPC to quash the proceedings is called for only in a case where the complaint does not
disclose any offence or is frivolous, vexatious or oppressive.
D) This power cannot be exercised if the trial is pending before the apex court and it has
directed the session judge to issue a non- bailable warrant for arresting the petitioners.

CORRECT OPTION: B

Q.5: Fill in the blank

“…the test to be applied is whether the allegations in the complaint as they stand,
without adding or detracting from the complaint, prima facie establish the ingredients
of the offence alleged. At this stage, the High Court cannot test the ______ of the
allegations nor for that matter can it proceed in the manner that a judge conducting a
trial would, on the basis of the evidence collected during the course of trial.”

A) singularity
B) nature
C) material
D) veracity

CORRECT OPTION: D

PARA 12
According to Section 304-B, to make out a case of dowry death, a woman should have died
of burns or other bodily injuries or “otherwise than under normal circumstances'' within seven
years of her marriage. She should have suffered cruelty or harassment from her husband or
in-laws “soon before her death” in connection with demand for dowry. Over the years, courts
had interpreted the phrase 'soon before' in Section 304-B as 'immediately before'. This
interpretation would make it necessary for a woman to have been harassed moments before
she died. Such “absurd” interpretations should be avoided, the apex court noted in the
judgment on Friday. Instead, Chief Justice Ramana said the prosecution needed to show only
a “proximate and live link” between the harassment and her death. “It is safe to deduce that
when the legislature used the words ‘soon before’ they did not mean ‘immediately before’.
Rather, they left its determination in the hands of the courts. The factum of cruelty or
harassment differs from case to case. Even the spectrum of cruelty is quite varied, as it can
range from physical, verbal or even emotional. No straitjacket formulae can therefore be laid
down by this court to define what exact the phrase ‘soon before’ entails,” Chief Justice
Ramana explained. The court further said the phrase “otherwise than under normal
circumstances” in the Section also calls for a liberal interpretation. “Section 304-B, IPC does
not take a pigeonhole approach in categorising death as homicidal or suicidal or accidental.
The reason for such non-categorisation is due to the fact that death occurring in ‘other than
under normal circumstances’ can, in cases, be homicidal or suicidal or accidental,” Chief
Justice Raman noted. The judgment also raised concern about the casual way in which trial
courts examined accused persons in dowry death cases under Section 313 of the Code of
Criminal Procedure.
SOURCE : https://www.thehindu.com/news/national/dowry-deaths-supreme-court-widens-
scope-of-section-304-b/article34670458.ece (para 6-11)

Q.1: Which of the following cases is not related to dowry death?

A) Appasaheb and Anr. v. State of Maharashtra (2007)9 SCC 721
B) Baldev Singh v. State of Punjab (2008) 13 SCC 233
C) Gopal v. State of Rajasthan (2009) 11 SCC 314
D) Vishaka vs. State of Rajasthan and Ors., JT 1997 (7) SC 384
CORRECT OPTION: D
Q.2: Under which section of the Indian Penal Code has marital cruelty been defined?
A) Section 304 A of IPC.
B) Section 304B of IPC.
C) Section 498 of IPC.
D) Section 498A of IPC.
CORRECT OPTION: D

Q.3: Under Section 304B of the Indian Penal Code, whoever commits dowry death shall
be punished with:
A) Imprisonment for a term which shall not be less than ten years but which may extend
to imprisonment for life.
B) Imprisonment for a term which shall not be less than seven years and shall also be
liable to fine.
C) Imprisonment for a term which shall not be less than seven years but which may
extend to imprisonment for life.
D) Rigorous imprisonment for a term which may extend to ten years but which may
extend to imprisonment for life.
CORRECT OPTION: C

Q.4: Which of the following judgements was given in Sandeep Kumar v. State of
Uttarakhand?
A) The Supreme Court held that under Section 304B of IPC it was not necessary to give
direct evidence of causing death. Cruelty before death is enough.
B) The Supreme Court held that for Section 304B it was important that there should have
been the demand of money as dowry.
C) The Supreme Court held that the heinous crime of dowry death against women could
not be dealt with easily. There is a need to give maximum punishment to protect the
interest of women. It was also held that conviction could be done on the basis of
circumstantial evidence only.
D) The Supreme Court held that the offence of dowry death under Section 304B of the
Indian Penal Code cannot be made out of death which has not been established as
unnatural.
CORRECT OPTION: D

Q.5: Which of the following is not an essential ingredient for offence under Section 304B
of the Indian Penal Code?
A) Death should be caused by burns or bodily injury or by any other circumstances.
B) Death must occur within the seven years of marriage.
C) It must be revealed that soon before her death she was exposed to cruelty or
harassment by her husband or any other relative.
D) The cruelty or harassment on her may or may not be in connection with the demand for
dowry.

CORRECT OPTION: D

PARA 13
A perfect system of criminal justice cannot be based on any one theory of punishment. Every
theory has its own merits and every effort must be made to take the good points of all. The
deterrent aspect of punishment must not be ignored. Likewise, the reformative aspect must
be given its due place. The personality of the offender is as important as his actions and we
must not divorce his action from his personality. The offender is not merely a criminal to be
punished. He is also a patient to be treated. Punishment must be in proportion to the gravity
of the crime. It must be small for minor crimes and heavy for major crimes. The first offender
should be leniently treated. Special treatment should be given to the juvenile offenders. It
must not be forgotten that motive for the crime is generally lacking in the case of children.
They commit petty offences on account of bad company and bad neighbours. Their cases
must be handled with imagination and sympathy. Children must be tried in special courts set
up for them. Those in charge of them must try to find out ways and means of reforming them
and not punishing them. A criminal should be able to secure his release by showing
improvement in his conduct in jail. He who behaves better should be given a good diet,
clothes and leisure and a part of his sentence should also be remitted. The object of this
concession is to convince the offender that normal and free life is better than life in jail. The
government should set up mental hospitals and reformatories in place of jails and living
conditions in jails should be improved.

Q.1: Consider the following statements and choose the incorrect statement.

A) The object of the criminal justice system is to ensure that the crime in society is
ameliorated.
B) The perfect system of criminal justice must be based on the best aspects of all the
theories available.
C) Criminal Justice is aimed to provide punishment in proportion to offences committed.
D) The Criminal Justice system must be inclusive of the reform that is intended out of the
punishment.
CORRECT OPTION: A

Q.2: A broke both the legs of B; the magistrate punished him by ordering to break
both his legs. Magistrate in this case followed which theory of punishment?
A) Preventive
B) Retributive
C) Deterrent
D) Reformative
CORRECT OPTION: B

Q.3: What is meaning of the maxim “Ex turpi causa non oritur actio”

A) One must approach the Court with clean hands.

B) From a dishonorable cause an action does not arise.
C) A former offender’s statement is hard to believe.
D) A person who is suffering from a mental disorder cannot be said to have committed a
crime
CORRECT OPTION: B

Q.4: Which of the following statement(s) best define the notions of Theory of
Compensation?

A) The object of true punishment must be to suspend the offender’s rights by means of
punishment in order to dispense justice.
B) The object of true punishment must be to punish the offender for his misdeeds in-order
to seek vengeance for the victim, albeit in a legal way.
C) The object of true punishment must be to compensate the victim of the crime, not
merely to prevent further crimes.
D) Both A and B.

CORRECT OPTION: C

Q.5: Consider the following Statements

I. Punishment must be in proportion to the gravity of the crime. It must be small for
minor crimes and heavy for major crimes.
II. A criminal should be able to secure his release by showing improvement in his
conduct in jail.
III. We must view the actions and personality of an offender from an iridescent lens. The
personality of the offender is not as important as his actions
Choose the correct answer from the code given below.

A) Both (I) and (II) are true.

B) Both (I) and (III) are true.
C) (I) is true and (III) is untrue.
D) All statements are true.

CORRECT OPTION: A

PARA 14
This Court has clarified in numerous judgments that the liberty
guaranteed by Part III of the Constitution would cover within its protective ambit
not only due procedure and fairness but also access
to justice and a speedy trial. In Supreme Court Legal Aid Committee Representing
Undertrial Prisoners v. Union of India (1994) 6 SCC 731, ¶ 15 , it was held that undertrials
cannot indefinitely be detained pending trial. Ideally, no person ought to suffer adverse
consequences of his acts unless the same is established before a neutral arbiter.
However,owing to the practicalities of real life where to secure an effective trial and to
ameliorate the risk to society in case a potential criminal is left at large pending trial, Courts
are tasked with deciding whether an individual ought to be released pending trial or not. Once
it is obvious that a timely trial would not be possible and the accused has suffered
incarceration for a significant period of time, Courts would ordinarily be obligated to enlarge
them on bail. It is thus clear to us that the presence of statutory restrictions like Section 43-
D (5) of UAPA per se does not oust the ability of Constitutional Courts to grant bail
on grounds of violation of Part III the Constitution. Indeed, both the restrictions under a
Statue as well as the powers exercisable under Constitutional Jurisdiction can be well
harmonised. Whereas at commencement of proceedings, Courts are expected to appreciate
the legislative policy against grant of bail but the rigours of such provisions will melt down
where there is no likelihood of trial being completed within a reasonable time and the period
of incarceration already undergone has exceeded a substantial part of the prescribed sentence.
Such an approach would safeguard against the possibility of provisions like Section 43D (5)
of UAPA being used as the sole metric for denial of bail or for wholesale breach of
constitutional right to speedy trial.
Taken from the judgement of Union of India v. K.A. Najeeb, 2019 SCC OnLine SC 1956

Q.1: In which of the following case the Court held that bail proceedings under the
special enactment were distinct and the Courts are duty bound to refuse bail where
the suspect is prima facie believed to be guilty?

A) National Investigation Agency V. Zahoor Ahmad Shah Watali (2019) 5 SCC 1

B) Union of India v K.A. Najeeb (2021) 3 SCC 713
C) Angela Harish Sontakke v. State of Maharashtra, (2021) 3 SCC 723
D) Shaheen Welfare Association v. Union (1996) 2 SCC 616

CORRECT OPTION: A

Q.2: Which among the following Section of the Unlawful Activities (Prevention) Act,
1967 prevents the release of any accused person on bail if, police have filed the
chargesheet that there are reasonable grounds for believing that the accusation against
such person is prima facie true.

A) Section 43D(5) of The Unlawful Activities (Prevention) Act, 1967

B) Section 37 of The Unlawful Activities (Prevention) Act, 1967
C) Section 43D(1) of The Unlawful Activities (Prevention) Act, 1967
D) Section 43 of The Unlawful Activities (Prevention) Act, 1967

CORRECT OPTION: A

Q.3: Which of the following statements is not true regarding the judgement of Union of
India v. K.A Najeeb (2021) 3 SCC 713?

A) Section 43D(5) of the UAPA is comparatively less stringent than Section 37 of the
NDPS Act because the NDPS Act
B) The Court in this judgement has reiterated that once a lower court, especially when
it is a superior Court such as a High Court has exercised its discretion granting or
refusing bail, then the Supreme Court will not ordinarily interfere with such a
discretion.
 C) The Court has clarified that no enactment whatsoever can be used as an unregulated,
arbitrary metric to confine an undertrial indefinitely and deprive him of his life and
personal liberty.
D) Gross delay in disposal of undertrial cases would justify the invocation of Article
21 of the Constitution and consequential necessity to release the undertrial on bail.

CORRECT OPTION: C

Q.4: Which of the following is eligible to head the UAPA Tribunal?

A) Any Judge of the High Court so appointed by the Supreme Court of India
B) Any Judge of a High Court so appointed by the Central Government
C) Any Judge of the Supreme Court of India
D) No person unless he has been a Chief Justice of a High Court

CORRECT OPTION: B

Q.5: Section 14 of the UAPA, 1967 reads as:

Offences to be cognizable.—Notwithstanding anything contained in the Code, an offence
punishable under this Act shall be cognizable.
‘Code’ here means_______.

A) The Indian Penal Code, 1860

B) The Code of Criminal Procedure, 1973
C) Ranbir Penal Code, 1932
D) Both (A) and (B)
CORRECT OPTION: B

PARA 15
In order to assess the claim as to whether the Ram Jamnabhoomi site was itself a juristic
person with legal rights, the Bench first defined what artificial legal personhood entails, by
relying on both Indian and comparative case-law. A juristic person is recognised by law as a
subject which embodies rights, entitlements, liabilities and duties. The Bench then
established that historically, artificial legal persons have either been a collection of natural
persons (e.g. corporation) or an inanimate object (e.g. a ship). It stressed that different types
of juristic entities are given different legal rights. Crucially, it held that which legal rights a
juristic personality enjoys is dependent on the purpose for which the court granted it rights
in the first place. Turning to the contours of Hindu juristic entities, it observed that
traditionally legal personhood has been granted to Hindu idols. The bench established that,
“recognition of juristic personality was devised by the courts to give legal effect to the Hindu
practice of dedicating property for a religious or ‘pious’ purpose”. In essence, the law treats
a Hindu idol as a manifestation of a pious or charitable purpose. Hence, the Court identified
that Hindu idols are given legal rights in order to protect against the mismanagement of
endowed property and to protect the interests of devotees. Importantly, the Hindu idol
entrusted with legal personhood can be vested with movable and immovable property. The
Bench clarified that the deity itself is not a juristic entity.

Q.1: Which of the following judgments relating to the Ayodhya Land dispute is the
above excerpt taken from?
A) M Siddiq (D) Thr Lrs vs. Mahant Suresh Das & Ors, 2019 SCC OnLine SC 1482
B) Indian Young Lawyers Association & Ors vs. The State of Kerala & Ors., 2018 SCC
OnLine SC 1690
C) Nirmohi Akhara vs State of UP, Suit 9 of 1973.
D) Sri Adi Visheshwara of Kashi Vishwanath Temple v. State of U.P, (1997) 4 SCC 606
CORRECT OPTION: A

Q.2: The property held in attachment in proceedings under Section 145 of the Cr.PC is
‘custodia legis’. State the meaning of this term.
A) It is not necessary to secure possession from a party who is not in possession.
B) Decides a party’s title or right to possession of the land.
C) The elements of office and of a proprietary interest are blended together.
D) Substantive rights with respect to title and possession of the property could have been
dealt with only in civil proceedings before a civil court.
CORRECT OPTION: A

Q.3: Which of the following was not a party to the case referred to in the given excerpt?
 A) Nirmohi Akhara
B) Uttar Pradesh Sunni Central Board of Waqfs
C) Deoki N Agarwal
D) National Ayodya Devotee Association
CORRECT OPTION: D

Q.4: What was the nature of judgement delivered by the Supreme Court of India in
Ayodhya Title Dispute?
A) en banc
B) per curiam
C) per incuriam
D) sub silentio
CORRECT OPTION: B

Q.5: Which of the following statements related to legal rights given to Hindu idols is
incorrect?
A) The Hindu idols are given legal rights order to protect against the mismanagement of
endowed property
B) The Hindu idols are given legal rights in order to protect the interests of devotees.
C) The law treats a Hindu idol as a manifestation of a pious or charitable purpose.
D) None of the Above.
CORRECT OPTION: D

PARA 16
When a prayer for quashing the FIR is made by the alleged accused and the court when it
exercises the power under Section 482 Cr.P.C., only has to consider whether the allegations
in the FIR disclose commission of a cognizable offence or not. The court is not required to
consider on merits whether or not the merits of the allegations make out a cognizable offence
and the court has to permit the investigating agency/police to investigate the allegations
in the FIR; The aforesaid parameters would be applicable and/or the aforesaid aspects are
required to be considered by the High Court while passing an interim order in a quashing
petition in exercise of powers under Section 482 Cr.P.C. and/or under Article 226 of the
Constitution of India. However, an interim order of stay of investigation during the pendency
of the quashing petition can be passed with circumspection. Such an interim order should not
require to be passed routinely, casually and/or mechanically. Normally, when the
investigation is in progress and the facts are hazy and the entire evidence/material is not
before the High Court, the High Court should restrain itself from passing the interim order
of not to arrest or “no coercive steps to be adopted” and the accused should be relegated to
apply for anticipatory bail under Section 438 Cr.P.C. before the competent court. The High
Court shall not and as such is not justified in passing the order of not to arrest and/or “no
coercive steps” either during the investigation or till the investigation is completed and/or till
the final report/chargesheet is filed under Section 173 Cr.P.C., while dismissing/disposing of
the quashing petition under Section 482 Cr.P.C. and/or under Article 226 of the Constitution
of India.

Q.1: Which among the following judgement laid down that the judiciary and the
police are complementary arms of the law, statutory rights of police cannot be
interfered with by the Court exercising its inherent power?

A) King Emperor v. Khwaja Nazir Ahmad AIR 1945 PC 18

B) R.P. Kapur v. State of Punjab, (1960) 3 SCR 388
C) State of Orissa v. Ujjal Kumar Burdhan (2012) 4 SCC 547
D) State of A.P. v. Golconda Linga Swamy (2004) 6SCC 522
CORRECT OPTION: A

Q.2: Saving of inherent powers of High Court is mentioned under which section of
The Code of Criminal Procedure, 1973?

A) Section 156 of The Code Of Criminal Procedure, 1973

B) Section 154 of The Code Of Criminal Procedure, 1973
C) Section 482 of The Code Of Criminal Procedure, 1973
D) Section 438 of The Code Of Criminal Procedure, 1973
CORRECT OPTION: C

Q.3: Which of the following statement is not true regarding the conclusions laid down
by the Court in the judgement of Neeharika Infrastructure (P) Ltd. v. State of
Maharashtra, (2020) 10 SCC 118 ?
 A) The power under Section 482 Cr.P.C. is very wide, but conferment of wide power
requires the court to be more cautious. It casts an onerous and more diligent duty on
the court.
B) Police has the statutory right and duty under the relevant provisions of the Code of
Criminal Procedure contained in Chapter XIV of the Code to investigate into a
cognizable offence.
C) Extraordinary and inherent powers of the Court do not confer an arbitrary jurisdiction
on the Court to act according to its whims or caprice.
D) An interim order of stay of investigation during the pendency of the quashing petition
cannot be passed with circumspection as the same would require appreciation of
evidence.
CORRECT OPTION: D
Q.4: Which of the following statement is true regarding Section 438 of The Code Of
Criminal Procedure, 1973?

A) Section 438 of The Code of Criminal Procedure, 1973 talks about directions for grant
of bail to the person who is arrested.
B) When any person has reason to believe that he may be arrested on an accusation of
having committed a bailable offence, he may apply for anticipatory bail to the High
Court only.
C) Over-generous infusion of constraints and conditions which are not to be found in
Section 438 can make its provisions constitutionally vulnerable since the right to
personal freedom cannot be made to depend on compliance with unreasonable
restrictions.
D) In cases of compoundable non-bailable offences, section 437(5) is to be read
implicitly while imposing the conditions of bail under section 438(2).

CORRECT OPTION: D
Q.5: A has a letter of credit upon B for rupees 10,000 written by Z. A, in order to
defraud B, adds a cipher to the 10,000 and makes the sum 1,00,000 intending that it
may be believed by B that Z so wrote the letter. A has committed _____

A) forgery
B) misrepresentation
 C) fraud
D) theft
CORRECT OPTION: A

PARA 17
Section 7 begins with a non-obstante clause, which operates “notwithstanding anything
contained” in the CrPC. However, it is equally necessary to emphasize that the non-obstante
clause operates only in the area covered by clauses (a), (b) and (c). Under clause (a), the
offence is cognizable if the information is given by the married Muslim woman or a person
related to her by blood or marriage to the officer in charge of a police station of the
commission of the offence. Under clause (b), the offence is compoundable at the instance of
the married Muslim woman upon whom the talaq is pronounced. However, in clause (b), the
permission of the Magistrate is required. The Magistrate can specify the terms and conditions
for compounding. Facially, clause (c) begins with the words “no person accused of an offence
punishable under this Act shall be released on bail”. But what follows is equally important,
because it conditions what precedes it. Two conditions follow. One of them is in the realm
of procedure while the second is substantive. The former requires a hearing to be given to the
married Muslim woman upon whom talaq has been pronounced. The latter requires the court
to be “satisfied that there are reasonable grounds for granting bail to such person”. This
substantive condition is only a recognition of something which is implicit in the judicial
power to grant bail. No court will grant bail unless there are reasonable grounds to grant bail.
All judicial discretion has to be exercised on reasonable grounds. Hence, the substantive
condition in clause (c) does not deprive the court of its power to grant bail.

Q.1: The Muslim Women (Protection of Rights on Marriage) Bill 2019 was introduced
in the Parliament to give effect to the ruling in

A) Rahna Jalal v. State of Kerala, 2020 SCC OnLine SC 1061

B) Shamim Ara vs. State of UP, 2002 (7) SCC 518
C) Common Cause vs. Union of India, (2018) 5 SCC 1
D) Shayara Bano vs. Union of India (2017) 9 SCC 1

CORRECT OPTION: D
Q.2: Under which section of the Muslim Women (Protection of Rights on Marriage) Act
2019 any Muslim husband who pronounces talaq upon his wife be punished with
imprisonment for a term which may extend to three years, and shall also be liable to
fine?
A) Section 3 of the Muslim Women (Protection of Rights on Marriage) Act, 2019.
B) Section 4 of the Muslim Women (Protection of Rights on Marriage) Act, 2019.
C) Section 6 of the Muslim Women (Protection of Rights on Marriage) Act, 2019.
D) Section 7 of the Muslim Women (Protection of Rights on Marriage) Act, 2019.
CORRECT OPTION: B

Q.3: Which statement is not true with Under Section 7(a) of the, an offence punishable
under the Muslim Women (Protection of Rights on Marriage) Act, 2019 Act shall
be cognizable, if information relating to the commission of the offence is given to an
officer in charge of a police station by:

A) The married Muslim woman upon whom talaq is pronounced.

B) Any person related to her by blood.
C) Any person related to her by marriage.
D) Any person related to her by adoption.
CORRECT OPTION: D

Q.4: Which of the following statements with respect to Section 7 of the Muslim Women
(Protection of Rights on Marriage) Act 2019 is not true?
A) Under Section 7 clause (a), the offence is cognizable if the information is given by
the married Muslim woman or a person related to her by blood or marriage
B) Under Section 7 clause (b), the offence is compoundable at the instance of the
aggrieved married Muslim woman or a person related to her by blood or marriage.
C) Under Section 7 clause (c), a hearing is required to be given to the married Muslim
woman upon whom talaq has been pronounced.
D) Under Section 7 clause (c), the court has to be satisfied that there are reasonable
grounds for granting bail to such person.
CORRECT OPTION: B
Q.5: In which of the following judgments was it held that is no bar on granting
anticipatory bail for an offence committed under the Muslim Women (Protection of
Rights on Marriage) Act 2019?
A) Rahna Jalal vs. State of Kerala,2020 SCC OnLine SC 1061
B) Shayara Bano vs. Union of India (2017) 9 SCC 1
C) Shamim Ara vs. State of UP, 2002 (7) SCC 518
D) Common Cause vs. Union of India, (2018) 5 SCC 1

CORRECT OPTION: A

PARA 18
A Bench comprising Justice MR Shah and Justice BV Nagarathna observed that in NDPS
cases, even while applying discretion under Section 427 of Cr.PC, the discretion shall not be
in favour of the accused who is found to be indulging in illegal trafficking in narcotic drugs
and psychotropic substances.
"...while awarding the sentence or punishment in case of NDPS Act, the interest of the society
as a whole is required to be taken into consideration. Therefore, even while applying
discretion under Section 427 of Cr.PC, the discretion shall not be in favour of the accused
who is found to be indulging in illegal trafficking in the narcotic drugs and
psychotropic substances", the Court observed in the case Mohd Zahid vs State through NCB.
The observations have been made by the Top Court while considering the question as to
whether the sentences imposed by two different courts in two different trials against the same
accused/person should run concurrently or consecutively. The Bench was considering a
special leave petition challenging Delhi High Court's order refusing to grant the accused the
relief and holding that sentences imposed in both the NDPS cases against him be run
concurrently. In the present case, the accused was sentenced to rigorous imprisonment of 12
years in one case followed by a sentence of 15 years rigorous imprisonment in another case,
both being offences under the NDPS Act. Considering the same, the Bench observed that no
leniency should be shown to an accused who is found to be guilty of the offence under the
NDPS Act. The Bench also made strong remarks against those accused of dealing in narcotic
drugs and for offences under the NDPS Act.

Q.1: In which of the following cases the Court held that unless the court directs that the
punishment for such two or more offences at the same trial should run concurrently,
 the normal principle is that the punishments
would commence one after the expiration of the other?

A) Gulam Mohammad Malik Vs. State of Gujarat and Anr. (2018) 14 SCC 473
B) Sharad Hiru Kolambe Vs. State of Maharashtra & Ors. (2018) 18 SCC 718
C) Rajpal Vs. Om Prakash & Anr. (2019) 17 SCC 809
D) Mohd. Akhtar Hussain alias Ibrahim Ahmed Bhatti Vs. Assistant Collector of
Customs (Prevention), Ahmedabad & Anr. (1988) 4 SCC 183
CORRECT OPTION: B

Q.2: Punishment for abetment and criminal conspiracy is defined in which section of
The Narcotic Drugs and Psychotropic Substances Act, 1985?

A) Section 29 of The Narcotic Drugs and Psychotropic Substances Act, 1985

B) Section 21 of The Narcotic Drugs and Psychotropic Substances Act, 1985
C) Section 21(C) of The Narcotic Drugs and Psychotropic Substances Act, 1985
D) Section 20 of The Narcotic Drugs and Psychotropic Substances Act, 1985
CORRECT OPTION: A

Q.3: Which among the following principles of law is incorrect in light of the judgment
of Mohd. Zahid v. State through NCB, 2021 SCC OnLine SC 1183?
A) While awarding the sentence or punishment in case of NDPS Act, the interest of the
society as a whole is required to be taken into consideration. Therefore, even while
applying discretion under Section 427 of Cr.PC, the discretion shall not be in favour
of the accused who is found to be indulging in illegal trafficking in the narcotic drugs
and psychotropic substances.
B) If a person already undergoing a sentence of
imprisonment is sentenced on a subsequent
conviction to imprisonment, such subsequent
term of imprisonment would normally commence at the expiration of the
imprisonment to which he was previously sentenced.
C) The general rule is that where there are different transactions, different crime
numbers and cases have been decided by the different judgments, concurrent sentence
cannot be awarded under Section 427 of Cr.PC.
 D) Under Section 427 (1) of Cr.PC the court has no power to issue a direction that all
the subsequent sentences run concurrently with the previous sentence, since it is
in the violation of Article 20 of the Constitution.
CORRECT OPTION: D

Q.4: Which of the following statement is correct regarding Section Section 427 in The
Code of Criminal Procedure, 1973?

A) Sub-section (1) of Section 427 CrPC deals with an offender who while
undergoing sentence for a fixed term is subsequently convicted to imprisonment for
a fixed term or for life. In such a situation, the first sentence, being for a fixed term,
expires on a definite date which is known when the subsequent conviction is made.
B) In cases covered by sub-section (2) of Section 427 CrPC where the sentence is
not for a fixed term, the subsequent sentence can be consecutive unless directed to
run concurrently.
C) Sub-section (2) of Section 427 CrPC, provides for an offender “undergone
sentence of imprisonment for life” who is sentenced on a subsequent conviction to
imprisonment for a term or for life.
D) Sub- section (1) is not an exception to the general rule enacted in sub-section (2) of
Section 427 that a sentence on subsequent conviction commences on expiry of the
first sentence unless the court directs it to run concurrently.
CORRECT OPTION: A

Q.5: Punishment for contravention in relation to manufactured drugs and preparations

is provided in section____ of The Narcotic Drugs and Psychotropic Substances Act 1985

A) Section 21 of The Narcotic Drugs and Psychotropic Substances Act 1985

B) Section 24 of The Narcotic Drugs and Psychotropic Substances Act 1985
C) Section 22 of The Narcotic Drugs and Psychotropic Substances Act 1985
D) Section 20 of The Narcotic Drugs and Psychotropic Substances Act 1985.
CORRECT OPTION: A

PARA 19
There cannot be a disagreement with the proposition that where the provisions of the statute
or its wordings are ambiguous, the first attempt should be to find meaning, through internal
aids, in the statute itself. Failing this, it is open to the court to find meaning, and resolve the
ambiguity, by turning to external aids, which include the statements of objects and reasons,
as well as Parliamentary reports, or debates in Parliament. To this Court, it appears that the
task of interpreting the provisions of 102nd Amendment does not begin by relying on external
aids such as Statement of Objects and Reasons (which throw practically no light on the
meaning of the provisions), or even the Select Committee Report. The task of interpretation
is first to consider the overall scheme of the provisions, and secondly, after considering the
provision, proceed to resolve any perceived ambiguity, if found, by resorting to aids within
the statute. It is at the third stage, when such resolution is impossible, that external aids are
to be looked into. Thus, in a seven-judge bench decision, this court, in State of Karnataka v.
Union of India administered the following caution, while outlining the court’s task of
interpreting the Constitution: “The dynamic needs of the nation, which a Constitution must
fulfil, leave no room for merely pedantic hair-splitting play with words or semantic
quibblings. This, however, does not mean that the Courts, acting under the guise of a judicial
power, which certainly extends to even making the Constitution, in the sense that they may
supplement it in those parts of it where the letter of the Constitution is silent or may leave
room for its development by either ordinary legislation or judicial interpretation, can actually
nullify, defeat, or distort the reasonably clear meaning of any part of the Constitution in order
to give expression to some theories of their own about the broad or basic scheme of the
Constitution.

Q.1: Which of the following judgments relating to the Supreme Court upholding the
102nd Constitutional Amendment is the excerpt taken from?

A) State of Punjab v. Davinder Singh, (2020) 8 SCC 1

B) State of Tripura v. Jayanta Chakraborty, 2017 SCC OnLine SC 1325
C) Jaishri Laxmanrao Patil v. Chief Minister, Maharashtra, 2020 SCC OnLine SC 1208
D) Radhika Ashar v. Union of India, 2021 SCC OnLine Del 5239

CORRECT OPTION: C

Q.2: Which of the following is not true in relation to external aids as per the given
excerpt?
 A) Where the provisions of the statute are ambiguous, the first attempt should be to find
meaning, through internal aids, in the statute itself.
B) The court can interpret from external aids, which include the statements of objects
and reasons, as well as Parliamentary reports, and resolve the ambiguity.
C) The duty of the court always is to first interpret the text, and only if there is ambiguity
in the meaning, to resort first to internal aids, before seeking external aids outside the
text.
D) None of the above.

CORRECT OPTION: D

Q.3: Which of the following is the issue raised in the judgement referred to in the given
excerpt?

A) Whether Section 4(5) of the Punjab Scheduled Castes and Backward Classes
(Reservation in Services) Act is constitutionally valid?
B) Can the 50% ceiling limit on reservation set by the Supreme Court in its Indra
Sawhney judgment be exceeded?
C) Does the provision of reservations which exceeds 50%, with the introduction of OBC
and EWS reservations, violate the 50% limit on reservations set in Indra Sawhney?
D) None of the above

CORRECT OPTION: C

Q.4: Which of the following is not true in relation to the 102nd Amendment?

A) The amendment introduced Articles 338B and 342A into the Indian Constitution,
wherein Article 338B defines socially and educationally backward classes.
B) The amendment introduced Articles 338B and 342A into the Indian Constitution,
wherein Article 342A states that, the President of India is given the power to declare
a particular caste as a Socially and Educationally Backward Class (SEBC).
C) The amendment introduced Articles 338B and 342A into the Indian Constitution,
wherein Article 338B specifies the structure, duties, and powers of the National
Commission for Backward Classes (NCBC).
D) None of the above.

CORRECT OPTION: A
Q.5: “The constitutional courts, while interpreting the constitutional provisions, have
to take into account the constitutional culture, bearing in mind its flexible and evolving
nature, so that the provisions are given a meaning which reflect the object and purpose
of the Constitution” In which of the following cases was the above observation made?

A) Supreme Court Advocates-on-Record Assn. v. Union of India, (2016) 5 SCC 1

B) Abhiram Singh v. C.D. Commachen, (2017) 2 SCC 629
C) State (NCT of Delhi) v. Union of India, (2018) 8 SCC 501
D) Nabam Rebia & Bamang Felix v. Arunachal Pradesh Legislative Assembly, (2016)
8 SCC 1

CORRECT OPTION: C

PARA 20

As per Section 390 IPC, for ‘robbery’ there is either theft or extortion. When in the
committing of the theft, or in committing the theft, or in carrying away or attempting to carry
away property obtained by the theft, the offender, voluntarily causes or attempts to cause to
any person death or hurt or wrongful restraint or fear of instant death or of instant hurt, or of
instant wrongful restraint the theft can be said to be ‘robbery’. In a similar situation the
‘extortion’ can be said to have committed ‘robbery’. As per explanation to Section 390 IPC
the offender is said to be present if he is sufficiently near to put the other person in fear of
instant death, of instant hurt, or of instant wrongful restraint. Section 391 IPC defines
‘dacoity’. When five or more persons conjointly commit or attempt to commit a robbery, the
accused then can be said to have committed the ‘dacoity’. The ‘dacoity’ can be said to be an
exaggerated version of robbery. If five or more persons conjointly commit or attempt to
commit robbery it can be said to be committing the ‘dacoity’. Therefore, the only difference
between the ‘robbery’ and the ‘dacoity’ would be the number of persons involved in jointly
committing or attempting to commit a ‘robbery’. The punishment for ‘dacoity’ and ‘robbery’
would be the same except that in the case of ‘dacoity’ the punishment can be imprisonment
for life. However, in the case of ‘dacoity with murder’ the punishment can be with death
also.

Q.1: Which of the following issues was raised in Ganesan v. State, 2021 SCC OnLine
SC 1023?
 A) Non-recovery of weapon is a ground for framing charges under robbery or dacoity
under Section 397 of IPC
B) Conviction of the accused under Section 391 IPC (Dacoity) be challenged on the
ground that only four out of five accused came to be tried
C) An offender who has not used deadly weapons during robbery can be convicted under
Section 397 IPC
D) Penal liability is attracted if a person harbours dacoits in general and has no
knowledge of a particular dacoity
CORRECT OPTION: B
Q.2: Which of the following is the correct quantum of punishment if a person or group
of persons is charged with Dacoity?
A) Whoever commits dacoity shall be punished with imprisonment for life, or with
rigorous imprisonment for a term which may extend to five years, and shall also be
liable to fine.
B) Whoever commits dacoity shall be punished with imprisonment for life, or with
rigorous imprisonment for a term which may extend to seven years, and shall also be
liable to fine.
C) Whoever commits dacoity shall be punished with imprisonment for life, or with
rigorous imprisonment for a term which may extend to ten years, and shall also be
liable to fine.
D) Whoever commits dacoity shall be punished with imprisonment for life, or with
rigorous imprisonment for a term which may extend to three years, and shall also be
liable to fine.
CORRECT OPTION: C

Q.3: Which of the following is not an essential ingredient for committing Dacoity?

A) There should be at least five or more than five persons

B) They should conjointly commit or attempt to commit dacoity
C) They should have dishonest intentions
D) The property must be taken out of the possession of another.
CORRECT OPTION: D
Q.4: A meets B and B’s child is on a road. A takes the child and threatens to fling it
down a height unless B delivers his purse and B in fear of instant hurt to his child
delivers the purse. Which of the following offences has been committed?
A) Dacoity
B) Theft
C) Robbery
D) Extortion
CORRECT OPTION: D

Q.5: M along with N, O, P and Q collects the deadly weapons in order to threaten X
for extraction of his Diamond, when they proceeded towards X’s house they were
arrested by the police. For what offence are they liable?
A) Attempt to robbery
B) Attempt to theft
C) Preparation of dacoity
D) Preparation of robbery
CORRECT OPTION: C