Mock Test Paper 1 Final
Mock Test Paper 1 Final
Mock Test Paper 1 Final
DIRECTIONS: In the following questions, the sentences have been given in Active /Passive
Voice. From the given alternatives, choose the one which best expresses the given sentence in
Passive / Active Voice.
1. They first sun-dried the garbage for one to three days to bring down the moisture level.
(a) The moisture level was brought down by sun-drying the garbage for one to three days
(b) One to three days of sun-drying brought down the moisture level of the garbage.
(c) The moisture level of the garbage came down when it was sun-dried for one to three days.
(d) The garbage was first sundried for one to three days to bring down the moisture level.
2. Women like men to flatter them.
(a) Men are liked by women to flatter them.
(b) Women like to be flattered by men.
(c) Women like that men should flatter them.
(d) Women are liked to be flattered by men.
3. What one must do, one must do properly.
(a) What must be done, must be done properly.
(b) It must be done properly what one must do.
(c) It must be done what one must do properly.
(d) One must do properly what has to be done.
4. Look at the poll results-do they inspire hope?
(a) Let the poll results be looked-is hope inspired by them?
(b) Let the poll results be looked at-has hope been inspired by them?
(c) Let the poll results be looked at-is hope being inspired by them?
(d) Let the poll results be looked at-is hope inspired by them?
5. It is your duty to make tea at eleven O’clock.
(a) You are asked to make tea at eleven O’clock.
(b) Your are required to make tea at eleven O’clock.
(c) You are supposed to make tea at eleven O’clock.
(d) Tea is to be made by you at eleven O’clock.
6. He was congratulated by his teacher on his brilliant success in the recent examination.
(a) His teacher congratulated him on his brilliant success in the recent examination.
(b) His teacher congratulated him for his success in the examination.
(c) His teacher congratulated him on his success.
(d) His teacher congratulated him.
7. People speak English all over the word.
(a) English is spoken all over the world.
(b) English was spoken all over the world.
(c) English was spoken by people.
(d) English is spoken by people.
8. Who gave you permission to enter?
(a) By whom were you given permission to enter?
(b) By whom was you given permission to enter?
(c) By whom you were given permission to enter?
(d) By whom given you permission to enter?
9. The Principal has granted him a scholarship.
(a) A scholarship has granted to him by the Principal.
(b) He has been granted a scholarship by the Principal.
(c) He has granted a scholarship by the Principal.
(d) A scholarship was granted to him by the Principal.
10. Before festivals the shops are thronged with men, women and children making various
purchases.
(a) During festivals people throng the shops
(b) Men, women and children throng the shops before festivals making various purchases.
(c) Men, women and children make purchases during festivals.
(d) The shops are thronged by people making purchases.
11. We all know that there is only one God.
(a) We are all known that there is only one God.
(b) It is known to us all that there is only one God.
(c) We have all known that there is only one God.
(d) Only one God is known by us all.
12. The people elected him Mayor.
(a) Him was elected Mayor the people.
(b) He was elected Mayor by the people.
(c) Mayor is elected by the people.
(d) He is elected by the people Mayor.
13. Don’t laugh at me.
(a) Let me be laughed at.
(b) Let me be not laughed at.
(c) I am laughed at.
(d) Let me be not laughed.
14. I saw him leaving the house.
(a) Leaving the house he was seen by me.
(b) He was seen leaving the house by me.
(c) He had been seen leaving the house.
(d) He was seen to be leaving the house.
15. Someone pulled the bull violently.
(a) The bull had been pulled violently by someone.
(b) The bull was to be pulled violently by someone.
(c) The bull had been pulled violently.
(d) The bull was pulled violently
16. The dishonour of cheque is a punishable offence under section _____ of the Negotiable
Instruments Act 1881.
(a) 140
(b) 139
(c) 138
(d) 141
a. Matter
b. Record
c. Object
d. Substance
a. Sec 125
b. Sec 124
c. Sec 127
d. Sec 126
a. Conditional
b. Contingent
c. Both a and b
d. Unconditional
20. To recover the sums paid under compromise, it shall not be prudent and authorized by the
indemnifier.
a. True
b. Partly true
c. False
d. Partly False
21. The death of the surety operates, in the absence of any contract to the contrary, as a
revocation of the continuing guarantee, so far as regards -
22. Which of the following are the requirements for application of section 25(2)?
(a) The promise must be in writing and signed by the debtor or his authorised agent
(b) A mere acknowledgment of debt is sufficient
(c) The promise must be given by the person to be charged therewith and not by any third
party.
(d) Both (a) and (c)
25. Doctrine of Marshalling has been provided in which of the following sections of the T.P.
Act?
26. Within the meaning of provisions of Section 67 of the Transfer of Property Act, the
mortgagee’s remedies by suit are:
28. Which provisions of the Specific Relief Act have not been amended by Amendment Act
of 2018?
(a) Section 10
(b) Section 16
(c) Section 20
(d) Section 26
31. Which of the following section of the Indian Evidence Act deals with examination-in-chief,
cross-examination, re-examination?
a. Section 149
b. Section 130
c. Section 137
d. Section 122
32. Provisions have been made under certain Sections of the Indian Evidence Act regarding
relevancy of certain facts.
Match the entries of List-I and List-II below and write the correct answer using the codes:
List- I
(Facts)
A. Opinion of Handwriting Expert
B. State of relevant fact by person who is dead or cannot be found
C. Previous good character in criminal cases
D. Oral admissions as to contents of documents
List-II
(Sections)
1. 22
2. 47
3. 32
4. 53
Codes:
A B C D
a. 2 3 4 1
b. 3 1 2 4
c. 1 2 4 3
d. 4 1 3 2
33. A person is seen with same bank note immediately after a theft in bank. The presumption is
34. “A barrister is instructed by an Attorney or Vakil that an important witness is a dacoit. This is
a reasonable ground for asking the witness whether he is a dacoit.”
36. The object of Indian Evidence Act, 1872 as set out in the Preamble is
37. When a number of documents are all made by one uniform process, as in the case of
printing, lithography or photography, each is -
41. Any dispute regarding the violation of Fundamental Rights can be presented
42. Which of the following is/are included in the Directive Principles of State Policy?
a. 1 only
b. 2 only
c. Both 1 and 2
d. Neither 1 nor 2
43. In which of the following cases, the Supreme Court stated that Right to freedom of
speech and expression cannot be restricted by fear of mob violence and public officials are
subject to the rule of law.
a. BK Pavitra and others v. Union of India 2019
b. Indibility Creative Pvt. Ltd and others v. Government of West Bengal and others 2019
c. D.A.V. College Trust and Management Society v. Director of Public Instructions 2019
d. Anuradha Bhasin v. Union of India 2020
48. As per section 106 of Juvenile Justice Act, every State Government shall constitute a
c. Both a and b
d. Neither a nor b
a. civil court, which has jurisdiction in matters of adoption and guardianship and may include
the District Court, Family Court and City Civil Courts
50. A, B and C, a gang of thieves compel D at gun point to steal some valuables from a
house. In doing so, D kills Z, who is the owner of the house. In this case –
(a)D is liable for murder of Z
(b) D is not liable for murder and he can avail of the defence under section 94
52. Which of the following would not constitute a rash and negligent act under section 304A?
(a) Doctor administering poisonous medicine to his patient without studying the effects of such
medicine
(b) A person driving the car and causing an accident of a pedestrian who suddenly crosses the
road
(c) Putting up an electrically charged copper wire around the latrine to prevent intruders
leading to death of a person
53. A and B, a married couple had a fight and husband of A gave her grievous injuries due to
which the she died. In this case, B is guilty of –
(a) Matrimonial cruelty under section 498A
55. The harassment of a woman to attract liability under section 498A should be –
(a)To coerce her or any other relative to meet any unlawful demand for property or valuable
security
(b) In respect of failure on part of woman or any person related to her to meet such demand
56. If hurt is caused to a person by a life convict offending under section 307, he may be
punished with –
(a) Imprisonment for a period of ten years
(c) Death
(d) No punishment
57. A shot B from very closed quarters causing injuries on the abdomen and the left arm. A
would be held liable for the offence of –
(a)Attempt to murder under section 307
(b) Murder
(c)Culpable homicide
59.When any person who is or was a Judge or Magistrate or a public servant not
removable from his office save by or with the sanction of the Government is accused of
any offence alleged to have been committed by him while acting or purporting to act in the
discharge of his official duty, no Court shall take cognizance of such offence except with
the previous sanction-
(a) in the case of a person who is employed or, as the case may be,was at the time of
commission of the alleged offence employed, in connection with the affairs of the Union, of
the Central Government
(b)in the case of a person who is employed or, as the case may be, was at the time of
commission of the alleged offence employed, in connection with the affairs of a State, of
the State Government
(c) Both (a) and (b)
(d) Neither (a) nor (b)
60. No Court shall take cognizance of an offence punishable under Chapter XX of the
Indian Penal Code except -
(a) upon a complaint made by some person aggrieved by the offence
(b) upon a complaint made by any person
(c) upon a complaint made by the accused
(d) upon the complaint made by the husband
61.Which of the following is true?
(a) A Court shall not take cognizance of an Offence punishable section 498A of the
Indian Penal Code except upon a police report of facts which constitute such offence or
upon a complaint made by the person aggrieved by the offence or by her father, mother,
brother, sister or by her father's or mother's brother or sister or, with the leave of the Court,
by any other person related to her by blood, marriage or adoption
(b) A Court shall take cognizance of any offence punishable under section 376B of the Indian
Penal Code where the persons are in a martial relationship suomotu
(c) Both (a) and (b)
(d) Neither (a) nor (b)
62. The complaint for defamation under section 199 of the Code of Criminal Procedure shall
be made -
(a) within six months from the date on which the offence is alleged to have been committed.
(b)within three months from the date on which the offence is alleged to have been
committed
(c)within two months from the date on which the offence is alleged to have been committed
(d)within four months from the date on which the offence is alleged to have been committed
63. When an offence is tried by the High Court otherwise than under section 407, the
procedure adopted by the Court in the trial of such offence shall be that of – (a) Procedure
adopted by Metropolitan Magistrate (b) Procedure adopted by Chief Judicial Magistrate (c)
Procedure adopted by the High Court in ordinary cases (d) None of the above
64. Where two or more Courts have taken cognizance of the same offence and a question
arises as to which of them ought to inquire into or try that offence, the question shall be
decided-
(a) if the Courts are subordinate to the same High Court, by that High Court;
(b) if the Courts are not subordinate to the same High Court, by the High Court within the
local limits of whose appellate criminal jurisdiction the proceedings were first commenced
and thereupon all other proceedings in respect of that offence shall be discontinued
(c) Both (a) and (b)
(d) Neither (a) nor (b)
65. Which of the following is true about the power of the Magistrate to stop the proceedings?
(a) Proceedings can be stopped by a Magistrate of the first class or, with the previous
sanction of the Chief Judicial Magistrate, any other Judicial Magistrate
(b) The proceedings can be stopped at any stage without pronouncing any judgment
(c) Where such stoppage of proceedings is made after the evidence of the principal witnesses
has been recorded, pronounce a judgment of acquittal, and in any other case, release the
accused, and such release shall have the effect of discharge
(d) All of the above
66. When in the course of the trial of a summons-case relating to an offence punishable
with imprisonment for a term exceeding six months it appears to the Magistrate that in the
interests of justice the offence should be tried in accordance with the procedure for the
trial of warrant-cases
(a) Such Magistrate may proceed to re-hear the case in the manner provided by this Code
for the trial of warrant-cases
(b) Such Magistrate may recall an witness who may have been examined
(c) Both (a) and (b)
(d) Neither (a) nor (b)
(a) the rights of the parties with regard to all of the matters in controversy in the suit
(b) the rights of the parties with regard to all or any of the matters in controversy in the
suit
(c) the rights of the parties with regard to any of the matters in controversy in the suit
(a) "foreign Court" means a Court situate outside India and not established or continued by
the authority of the Central Government
(b) "Judgment" means the statement given by the judge of the grounds of a decree or
order
(c) "Judgment-debtor" means any person against whom a decree has been passed or an
order capable of execution has been made
(a) "legal representative" means a person who in law represents the estate of a deceased
person, and includes any person who intermeddles with the estate of the deceased and
where a party sues or is sued in a representative character the person on whom the
estate devolves on the death of the party so suing or sued
(c) "order" means the formal expression of any decision of a Civil Court which is not a
decree
(a) Every Court of Small Causes is subordinate to the High Court and District Court
(b) A suit in which the right to property or to an office is contested is a suit of a civil
nature
73. In order to be able to exercise the power under section 10 of the Code of Civil Procedure,
the suit may be pending in -
(a) in the same Court
(b) any other Court in India having jurisdiction to grant the relief claimed
(c) in any Court beyond the limits of India established or continued by the Central
Government and having like jurisdiction, or before the Supreme Court
74. Under section 11 of CPC, the expression "former suit" shall denote a suit
(a) which has been decided prior to the suit in question whether or not it was instituted
prior thereto.
(b) which has been decided prior to the suit in question and where it was instituted prior
thereto.
(c) which has been decided prior to the suit in question but was not instituted prior
thereto.
(d) None of the above
75. All instruments for the purpose of Limitation Act, 1963 shall be deemed to be made with
reference to
(a) pauper
(b) purchaser of property at a sale
(c) insolvents
(d) None of the above
c. Both a and b
d. Neither a nor b
80. Under the Sexual Harassment of women at workplace (Prevention, Prohibition and
Redressal) Act, 2013, the appropriate Government, on being satisfied that it is necessary in
the public interest or in the interest of women employees at a workplace to do so, by order in
writing,—
(a) call upon any employer or District Officer to furnish in writing such information relating
to sexual harassment as it may require
(b) authorise any officer to make inspection of the records and workplace in relation to sexual
harassment, who shall submit a report of such inspection to it within such period as may be
specified in the order
(c) Both (a) and (b)
(d) Neither (a) nor (b)
81. Which of the following is true about Custody Orders under the Protection of Women
from Domestic Violence Act, 2005?
a. The Magistrate may, grant custody order at any stage of hearing of the application
b. The Magistrate may for protection order or for any other relief under this Act grant custody
order temporary custody of any child or children to the aggrieved person or the person
making an application on her behalf
c. The Magistrate may specify, if necessary, the arrangements for visit of such child or
children by the respondent
82. Under the Protection of Women from Domestic Violence Act, 2005, in addition to other
reliefs as may be granted under this Act, the Magistrate may on an application being made by
the aggrieved person, pass an order directing the respondent to pay
b. compensation and damages including mental torture and emotional distress, caused by the
acts of domestic violence committed by that respondent
c. Both a and b
d. Neither a nor b
83. Under section 11 of the Probation of Offenders Act, 1958, the Courts shall
a. not inflict a greater punishment than might have been inflicted by the court by which the
offender was found guilty
b. inflict a greater punishment than might have been inflicted by the court by which the
offender was found guilty
84. The Indecent Representation of Women (Prohibition) Act, 1986 has been enforced on -
(a) 2nd October, 1987
(b) 25th September, 1987
(c) 23rd December, 1986
(d) 26th September 1987
85. Under the Protection of Children from Sexual Offences Act, 2012, which section provides
for the medical examination of the child?
(a) Section 30
(b) Section 27
(c) Section 28
(d) Section 12
96. अब अलि रही गु लाब में , अपत कटीली डार में कौन-सा अलं कार है ?
(A)उपमा
(B)उत्प्रेक्षा
(C)अन्योक्ति
(D)अतिशयोक्ति
99. पट-पीत मानहुं तड़ित रूचि, सु चि नौमि जनक सु तावरं में कौन-सा अलं कार है ?
(A)उपमा
(B)रूपक
(C)उत्प्रेक्षा
(D)उदाहरण
124. "Contract of indemnity" defined. A contract by which one party promises to save the
other from loss caused to him by the contract of the promisor himself, or by the conduct of
any other person, is called a "contract of indemnity".
19. b It can be said that a contract of indemnity is a contingent contract as contingent means
conditional, something which is dependent or subject to the happening a particular event. As
from the definition it is clear that it refers to contract by which one party promises to save the
other party from loss caused to him by the conduct of the promisor himself or any other
person. As, the contract is based on the happening of a particular conduct which may be
expressed or implied thus it can be said that a contract of indemnity is a contingent contract.
That is it provides for a back up in case of happening of a particular event.
21. b Section 131 of Indian Contract Act- Revocation of continuing guarantee by surety’
death.
The death of the surety operates, in the absence of any contract to the contrary, as a
revocation of ma continuing guarantee, so far as regards future transactions
(2) It is a promise to compensate, wholly or in part, a person who has already voluntarily
done something for the promisor, or something which the promisor was legally compellable
to do; or unless. (3) It is a promise, made in writing and signed by the person to be charged
therewith or by his agent generally or specially authorised in that behalf, to pay wholly or in
part debt of which the creditor might have enforced payment but for the law for the limitation
of suits. In any of these cases, such an agreement is a contract.
Explanation 1- Nothing in this section shall affect the validity, as between the donor and
donee, of any gift actually made.
Explanation 2- An agreement to which the consent of the promisor is freely given is not void
merely because the consideration is inadequate; but the inadequacy of the consideration may
be taken into account by the Court in determining the question whether the consent of the
promisor was freely given.
23. (d) It has been laid down by the Supreme Court, in Gherulal Parekh v.Mahadeo Das[xii]
that though a wager is void and unenforceable it is not forbidden by law .Hence a wagering
agreement is not unlawful under section 23 of the Contract Act and therefore the transactions
collateral to the main transaction are enforceable.
As Section 30 of the Indian Contract Act is based upon the provisions of Section 18 of the
Gaming Act, 1845, and though a wager is void and unenforceable, it is not forbidden by law
and therefore the object of a collateral agreement is not unlawful under Section 23 of the
Contract Act.
29. Agreements void for uncertainty. Agreements, the meaning of which is not certain, or
capable of being made certain, are void.
25. (a) Section 56 of Transfer of Property Act – Marshalling by subsequent purchaser
and Section 81- Marshalling Securities
Section 56. Marshalling by subsequent purchaser. If the owner of two or more properties
mortgages them to one person and then sells one or more of the properties to another person,
the buyer is, in the absence of a contract to the contrary, entitled to have the mortgaged-debt
satisfied out of the property or properties not sold to him, so far as the same will extend, but
not so as to prejudice the rights of the mortgagee or persons claiming under him or of any
other person who has for consideration acquired an interest in any of the properties.
Section 81. Marshalling, securities. If the owner of two or more properties mortgages them to
one person and then mortgages one or more of the properties to another person, the
subsequent mortgagee is, in the absence of a contract to the contrary, entitled to have the
prior mortgage-debt satisfied out of the property or properties not mortgaged to him, so far as
the same will extend, but not so as to prejudice the rights of the prior mortgagee or of any
other person who has for consideration acquired an interest in any of the properties.
28. (d) Sections 10,16 and 20 of Specific Relief Act have been amended by the
Amendment Act
(4) Nothing in this section shall prevent the party who has suffered breach of contract from
claiming compensation from the party in breach.
37. Temporary and perpetual injunctions.—(1) Temporary injunctions are such as are to
continue until a specific time, or until the further order of the court, and they maybe granted
at any stage of a suit, and are regulated by the Code of Civil Procedure, 1908 (5 of 1908). (2)
A perpetual injunction can only be granted by the decree made at the hearing and upon the
merits of the suit; the defendant is thereby perpetually enjoined from the assertion of a right,
or from the commission of an act, which would be contrary to the rights of the plaintiff.
Section 22. When oral admissions as to contents of documents are relevant. –– Oral
admissions as to the contents of a document are not relevant, unless and until the party
proposing to prove them shows that he is entitled to give secondary evidence of the contents
of such document under the rules hereinafter contained, or unless the genuineness of a
document produced is in question.
Section 32. Cases in which statement of relevant fact by person who is dead or cannot be
found, etc., is relevant. –– Statements, written or verbal, of relevant facts made by a person
who is dead, or who cannot be found, or who has become incapable of giving evidence, or
whose attendance cannot be procured without an amount of delay or expense which under the
circumstances of the case appears to the Court unreasonable, are themselves relevant facts in
the following cases: –– (1) When it relates to cause of death. –– When the statement is made
by a person as to the cause of his death, or as to any of the circumstances of the transaction
which resulted in his death, in cases in which the cause of that person’s death comes into
question. Such statements are relevant whether the person who made them was or was not, at
the time when they were made, under expectation of death, and whatever may be the nature
of the proceeding in which the cause of his death comes into question. (2) or is made in
course of business. –– When the statement was made by such person in the ordinary course of
business, and in particular when it consists of any entry or memorandum made by him in
books kept in the ordinary course of business, or in the discharge of professional duty; or of
an acknowledgement written or signed by him of the receipt of money, goods, securities or
property of any kind; or of a document used in commerce written or signed by him; or of the
date of a letter or other document usually dated, written or signed by him. (3) or against
interest of maker.–– When the statement is against the pecuniary or proprietary interest of the
person making it, or when, if true, it would expose him or would have exposed him to a
criminal prosecution or to a suit for damages. (4) or gives opinion as to public right or
custom, or matters of general interest. –– When the statement gives the opinion of any such
person, as to the existence of any public right or custom or matter of public or general
interest, of the existence of which, if it existed, he would have been likely to be aware, and
when such statement was made before any controversy as to such right, custom or matter had
arisen. (5) or relates to existence of relationship.–– When the statement relates to the
existence of any relationship 1 [by blood, marriage or adoption] between persons as to whose
relationship 1 [by blood, marriage or adoption] the person making the statement had special
means of knowledge, and when the statement was made before the question in dispute was
raised. (6) or is made in will or deed relating to family affairs.–– When the statement relates
to the existence of any relationship 1 [by blood, marriage or adoption] between persons
deceased, and is made in any will or deed relating to the affairs of the family to which any
such deceased person belonged, or in any family pedigree, or upon any tombstone, family
portrait or other thing on which such statements are usually made, and when such statement
was made before the question in dispute was raised. (7) or in document relating to transaction
mentioned in section 13, clause (a). –– When the statement is contained in any deed, will or
other document which relates to any such transaction as is mentioned in section 13, clause
(a). (8) or is made by several persons and expresses feelings relevant to matter in question. ––
When the statement was made by a number of persons, and expressed feelings or impressions
on their part relevant to the matter in question.
Section 47. Opinion as to hand-writing, when relevant. –– When the Court has to form an
opinion as to the person by whom any document was written or signed, the opinion of any
person acquainted with the handwriting of the person by whom it is supposed to be written or
signed that it was or was not written or signed by that person, is a relevant fact. Explanation.
––A person is said to be acquainted with the handwriting of another person when he has seen
that person write, or when he has received documents purporting to be written by that person
in answer to documents written by himself or under his authority and addressed to that
person, or when, in the ordinary course of business, documents purporting to be written by
that person have been habitually submitted to him.
Section 53. In criminal cases previous good character relevant. –– In criminal proceedings,
the fact that the person accused is of a good character, is relevant.
114. Court may presume existence of certain facts. –– The Court may presume the existence
of any fact which it thinks likely to have happened, regard being had to the common course
of natural events, human conduct and public and private business, in their relation to the facts
of the particular case.
34. (a) Section 149. Question not to be asked without reasonable grounds. –– No such
question as is referred to in section 148 ought to be asked, unless the person asking it has
reasonable grounds for thinking that the imputation which it conveys is well-founded.
Illustrations (a) A barrister is instructed by an attorney or vakil that an important witness is a
dakait. This is a reasonable ground for asking the witness whether he is a dakait.
36. (b) Preamble to Evidence Act- WHEREAS it is expedient to consolidate, define and
amend the law of Evidence
62. Primary evidence. –– Explanation 2. –– Where a number of documents are all made by
one uniform process, as in the case of printing, lithography or photography, each is primary
evidence of the contents of the rest; but, where they are all copies of a common original, they
are not primary evidence of the contents of the original.
63. Secondary evidence. –– Secondary evidence means and includes –– (1) certified copies
given under the provisions hereinafter contained; (2) copies made from the original by
mechanical processes which in themselves insure the accuracy of the copy, and copies
compared with such copies; (3) copies made from or compared with the original; (4)
counterparts of documents as against the parties who did not execute them; (5) oral accounts
of the contents of a document given by some person who has himself seen it.
39. c The theory of the Fundamental Rights implies a limited Government. Accordingly, they impose
restrictions on the State. For example, the State cannot discriminate against citizens on grounds of
caste, class, race, sex, religion, etc. Similarly, citizens cannot be deprived of the right to equality of
opportunity in public employment.
40. d Article 15. Prohibition of discrimination on grounds of religion, race, caste, sex or place
of birth. (1) The State shall not discriminate against any citizen on grounds only of religion,
race, caste, sex, place of birth or any of them. (2) No citizen shall, on grounds only of
religion, race, caste, sex, place of birth or any of them, be subject to any disability, liability,
restriction or condition with regard to- (a) access to shops, public restaurants, hotels and
places of public entertainment; or (b) the use of wells, tanks, bathing ghats, roads and places
of public resort maintained wholly or partly out of State funds or dedicated to the use of the
general public.
Article 32. Remedies for enforcement of rights conferred by this Part. (1) The right to move the
Supreme Court by appropriate proceedings for the enforcement of the rights conferred by this
Part is guaranteed.
Article 226. Power of High Courts to issue certain writs. (1) Notwithstanding anything in article
32 every High Court shall have power, throughout the territories in relation to which it exercises
jurisdiction, to issue to any person or authority, including in appropriate cases, any Government,
within those territories directions, orders or writs, including writs in the nature of habeas corpus,
mandamus, prohibition, quo warranto and certiorari, or any of them, for the enforcement of any
of the rights conferred by Part III and for any other purpose.
a. Supreme Court in this case held that Right to internet forms a part of freedom of speech
and expression under Article 19(1) (a) and ban of internet in the State of Jammu and Kashmir
is violative of it
b. The court also stated that an order suspending internet services indefinitely is
impermissible under the Temporary Suspension of Telecom Services (Public Emergency or
Public Service) Rules, 2017
46. c In the case of D.A.V. College Trust and Management Society v. Director of Public
Instructions 2019, Supreme Court held that a. non-governmental organizations substantially
financed by the government whether directly or indirectly will fall within the ambit of ‘public
authority’ under section 2(h) of the Right to Information Act, 2005. Schools and colleges
which are substantially financed by the Government fall within the Right to Information Act,
2005
47. d M Siddiq (d) through LRs v. Mahant Suresh Das and others 2019 case is famously
known as ‘Ayodhya case’.
In this case, the five judge bench of Supreme Court decided to hand over the disputed land of
2.77 acres in Ayodhya to a trust for the construction of Ram Mandir and also under Article
142 of the Constitution ordered to give an alternate five acre tract of land to the Sunni Waqf
board to build the mosque. It was held by the Court that the act of placing idols beneath the
central dome of the mosque in 1949 was declared to be an act of desecration i.e. acts of
religious impurity.
48. c Section 106 of Juvenile Justice Act –
106. State Child Protection Society and District Child Protection Unit.—Every State
Government shall constitute a Child Protection Society for the State and Child Protection
Unit for every District, consisting of such officers and other employees as may be appointed
by that Government, to take up matters relating to children with a view to ensure the
implementation of this Act, including the establishment and maintenance of institutions under
this Act, notification of competent authorities in relation to the children and their
rehabilitation and co-ordination with various official and non-official agencies concerned and
to discharge such other functions as may be prescribed.
49. a Section 2(23) of Juvenile Justice Act –
(23) “court” means a civil court, which has jurisdiction in matters of adoption and
guardianship and may include the District Court, Family Court and City Civil Courts
94. Act to which a person is compelled by threats. Except murder, and offences against the
State punishable with death, nothing is an offence which is done by a person who is
compelled to do it by threats, which, at the time of doing it, reasonably cause the
apprehension that instant death to that person will otherwise be the consequence: Provided
the person doing the act did not of his own accord, or from a reasonable apprehension of
harm to himself short of instant death, place himself in the situation by which he became
subject to such constraint.
Explanation 1- A person who, of his own accord, or by reason of a threat of being beaten,
joins a gang of dacoits, knowing their character, is not entitled to the benefit of this
exception, on the ground of his having been compelled by his associates to do anything that is
an offence by law. Explanation 2- A person seized by a gang of dacoits, and forced, by threat
of instant death, to do a thing which is an offence by law; for example, a smith compelled to
take his tools and to force the door of a house for the dacoits to enter and plunder it, is
entitled to the benefit of this exception. A, B and C, a gang of thieves compel D at gun point
to steal some valuables from a house. In doing so, D kills Z, who is the owner of the house. In
this case, D is liable for murder of Z. No defence under section 94 is available to D
(e) 51. d - The doctrine of transferred malice implies that even if the act of a person is not
intended or aimed at any particular person, it would still amount to culpable homicide or
murder. Is provided in section 229, section 300(4) and section 301
Section 304A. Causing death by negligence. Whoever causes the death of any person by
doing any rash or negligent act not amounting to culpable homicide, shall be punished with
imprisonment of either description for a term which may extend to two years, or with fine, or
with both.
Doctor administering poisonous medicine to his patient without studying the effects of such
medicine and Putting up an electrically charged copper wire around the latrine to prevent
intruders leading to death of a person are rash and negligent acts under section 304A.
53 a Section 498A –
A and B, a married couple had a fight and husband of A gave her grievous injuries due to
which the she died. In this case, B is guilty of matrimonial cruelty under section 498A.
498A. Husband or relative of husband of a woman subjecting her to cruelty. Whoever, being
the husband or the relative of the husband of a woman, subjects such woman to cruelty shall
be punished with imprisonment for a term which may extend to three years and shall also be
liable to fine. ExplanationFor the purpose of this section, "cruelty" means- (a) any wilful
conduct which is of such a nature as is likely to drive the woman to commit suicide or to
cause grave injury or danger to life, limb or health (whether mental or physical) of the
woman; or
(b) harassment of the woman where such harassment is with a view to coercing her or any
person related to her to meet any unlawful demand for any property or valuable security or is
on account of failure by her or any person related to her to meet such demand.
54 c Section 304B of Indian Penal Code –
ExplanationFor the purpose of this sub-section, "dowry" shall have the same meaning as in
section 2 of the Dowry Prohibition Act, 1961 (28 of 1961)
2. Definition of “dowry”.
In this Act, “dowry” means any property or valuable security given or agreed to be given
either directly or indirectly-
(b) by the parents of either party to a marriage or by any other person, to either party to the
marriage or to any other person;
at or before or any time after the marriage in connection with the marriage of said parties but
does not include dower or mahr in the case of persons to whom the Muslim Personal Law
(Shariat) applies.
498A. Husband or relative of husband of a woman subjecting her to cruelty. Whoever, being
the husband or the relative of the husband of a woman, subjects such woman to cruelty shall
be punished with imprisonment for a term which may extend to three years and shall also be
liable to fine. ExplanationFor the purpose of this section, "cruelty" means- (a) any wilful
conduct which is of such a nature as is likely to drive the woman to commit suicide or to
cause grave injury or danger to life, limb or health (whether mental or physical) of the
woman; or
(b) harassment of the woman where such harassment is with a view to coercing her or any
person related to her to meet any unlawful demand for any property or valuable security or is
on account of failure by her or any person related to her to meet such demand.
56 c Section 307 of Indian Penal Code –
307. Attempt to murder. Whoever does any act with such intention or knowledge, and under
such circumstances that, if he by that act caused death, he would be guilty or murder, shall be
punished with imprisonment of either description for a term which may extend to ten years,
and shall also be liable to fine; and if hurt is caused to any person by such act, the offender
shall be liable either to imprisonment for life, or to such punishment as is hereinbefore
mentioned. Attempts by life convicts- When any person offending under this section is under
sentence of imprisonment for life, he may, if hurt is caused, be punished with death.
57 a Section 307 -
307. Attempt to murder. Whoever does any act with such intention or knowledge, and under
such circumstances that, if he by that act caused death, he would be guilty or murder, shall be
punished with imprisonment of either description for a term which may extend to ten years,
and shall also be liable to fine; and if hurt is caused to any person by such act, the offender
shall be liable either to imprisonment for life, or to such punishment as is hereinbefore
mentioned. Attempts by life convicts- When any person offending under this section is under
sentence of imprisonment for life, he may, if hurt is caused, be punished with death.
A shot B from very closed quarters causing injuries on the abdomen and the left arm. A
would be held liable for the offence of Attempt to murder under section 307
306. Abetment of suicide. If any person commits suicide, whoever abets the commission of
such suicide, shall be punished with imprisonment of either description for a term which may
extend to ten years, and shall also be liable to fine.
197. Prosecution of Judges and public servants.—(1) When any person who is or was a Judge
or Magistrate or a public servant not removable from his office save by or with the sanction
of the Government is accused of any offence alleged to have been committed by him while
acting or purporting to act in the discharge of his official duty, no Court shall take cognizance
of such offence except with the previous sanction 1 [save as otherwise provided in the Lokpal
and Lokayuktas Act, 2013 (1 of 2014)]— (a) in the case of a person who is employed or, as
the case may be, was at the time of commission of the alleged offence employed, in
connection with the affairs of the Union, of the Central Government; (b) in the case of a
person who is employed or, as the case may be, was at the time of commission of the alleged
offence employed, in connection with the affairs of a State, of the State Government: 2
[Provided that where the alleged offence was committed by a person referred to in clause (b)
during the period while a Proclamation issued under clause (1) of article 356 of the
Constitution was in force in a State, clause (b) will apply as if for the expression “State
Government” occurring therein, the expression “Central Government” were substituted.] 3
[Explanation.—For the removal of doubts it is hereby declared that no sanction shall be
required in case of a public servant accused of any offence alleged to have been committed
under section 166A, section 166B, section 354, section 354A, section 354B, section 354C,
section 354D, section 370, section 375, section 376, section 376A, section 376C, section
376D or section 509 of the Indian Penal Code (45 of 1860).] (2) No Court shall take
cognizance of any offence alleged to have been committed by any member of the Armed
Forces of the Union while acting or purporting to act in the discharge of his official duty,
except with the previous sanction of the Central Government. (3) The State Government may,
by notification, direct that the provisions of sub-section (2) shall apply to such class or
category of the members of the Forces charged with the maintenance of public order as may
be specified therein, wherever they may be serving, and thereupon the provisions of that sub-
section will apply as if for the expression "Central Government" occurring therein, the
expression "State Government" were substituted. 4 [(3A) Notwithstanding anything
contained in sub-section (3), no court shall take cognizance of any offence, alleged to have
been committed by any member of the Forces charged with the maintenance of public order
in a State while acting or purporting to act in the discharge of his official duty during the
period while a Proclamation issued under clause (1) of article 356 of the Constitution was in
force therein, except with the previous sanction of the Central Government. (3B)
Notwithstanding anything to the Contrary contained in this Code or any other law, it is
hereby declared that any sanction accorded by the State Government or any cognizance taken
by a court upon such sanction, during the period commencing on the 20th day of August,
1991 and ending with the date immediately preceding the date on which the Code of Criminal
Procedure (Amendment) Act, 1991 (43 of 1991), receives the assent of the President, with
respect to an offence alleged to have been committed during the period while a Proclamation
issued under clause (1) of article 356 of the Constitution was in force in the State, shall be
invalid and it shall be competent for the Central Government in such matter to accord
sanction and for the court to take cognizance thereon.] (4) The Central Government or the
State Government, as the case may be, may determine the person by whom, the manner in
which, and the offence or offences for which, the prosecution of such Judge, Magistrate or
public servant is to be conducted, and may specify the Court before which the trial is to be
held.
198. Prosecution for offences against marriage.—(1) No Court shall take cognizance of an
offence punishable under Chapter XX of the Indian Penal Code (45 of 1860) except upon a
complaint made by some person aggrieved by the offence: Provided that— (a) where such
person is under the age of eighteen years, or is an idiot or a lunatic, or is from sickness or
infirmity unable to make a complaint, or is a woman who, according to the local customs and
manners, ought not to be compelled to appear in public, some other person may, with the
leave of the Court, make a complaint on his or her behalf; (b) where such person is the
husband and he is serving in any of the Armed Forces of the Union under conditions which
are certified by his Commanding Officer as precluding him from obtaining leave of absence
to enable him to make a complaint in person, some other person authorised by the husband in
accordance with the provisions of sub-section (4) may make a complaint on his behalf;
(c) where the person aggrieved by an offence punishable under 1 [section 494 or section 495]
of the Indian Penal Code (45 of 1860) is the wife, complaint may be made on her behalf by
her father, mother, brother, sister, son or daughter or by her father's or mother's brother or
sister 2 [, or, with the leave of the Court, by any other person related to her by blood,
marriage or adoption]. (2) For the purposes of sub-section (1), no person other than the
husband of the woman shall be deemed to be aggrieved by any offence punishable under
section 497 or section 498 of the said Code: Provided that in the absence of the husband,
some person who had care of the woman on his behalf at the time when such offence was
committed may, with the leave of the Court, make a complaint on his behalf. (3) When in any
case falling under clause (a) of the proviso to sub-section (1), the complaint is sought to be
made on behalf of a person under the age of eighteen years or of a lunatic by a person who
has not been appointed or declared by a competent authority to be the guardian of the person
of the minor or lunatic, and the Court is satisfied that there is a guardian so appointed or
declared, the Court shall, before granting the application for leave, cause notice to be given to
such guardian and give him a reasonable opportunity of being heard. (4) The authorisation
referred to in clause (b) of the proviso to sub-section (1), shall be in writing, shall be signed
or otherwise attested by the husband, shall contain a statement to the effect that he has been
informed of the allegations upon which the complaint is to be founded, shall be countersigned
by his Commanding Officer, and shall be accompanied by a certificate signed by that Officer
to the effect that leave of absence for the purpose of making a complaint in person cannot for
the time being be granted to the husband. (5) Any document purporting to be such an
authorisation and complying with the provisions of sub-section (4), and any document
purporting to be a certificate required by that sub-section shall, unless the contrary is proved,
be presumed to be genuine and shall be received in evidence. (6) No Court shall take
cognizance of an offence under section 376 of the Indian Penal Code (45 of 1860), where
such offence consists of sexual intercourse by a man with his own wife, the wife being under
3 [eighteen years of age], if more than one year has elapsed from the date of the commission
of the offence. (7) The provisions of this section apply to the abetment of, or attempt to
commit, an offence as they apply to the offence
Section 198A. Prosecution of offences under section 498A of the Indian Penal Code.—No
Court shall take cognizance of an offence punishable under section 498A of the Indian Penal
Code (45 of 1960) except upon a police report of facts which constitute such offence or upon
a complaint made by the person aggrieved by the offence or by her father, mother, brother,
sister or by her father’s or mother’s brother or sister or, with the leave of the Court, by any
other person related to her by blood, marriage or adoption.
474. Trials before High Courts.—When an offence is tried by the High Court otherwise than
under section 407, it shall, in the trial of the offence, observe the same procedure as a Court
of Sessions would observe if it were trying the case
186. High Court to decide, in case of doubt, district where inquiry or trial shall take place.—
Where two or more Courts have taken cognizance of the same offence and a question arises
as to which of them ought to inquire into or try that offence, the question shall be decided—
(a) if the Courts are subordinate to the same High Court, by that High Court; (b) if the Courts
are not subordinate to the same High Court, by the High Court within the local limits of
whose appellate criminal jurisdiction the proceedings were first commenced, and thereupon
all other proceedings in respect of that offence shall be discontinued
258. Power to stop proceedings in certain cases.—In any summons-case instituted otherwise
than upon complaint, a Magistrate of the first class or, with the previous sanction of the Chief
Judicial Magistrate, any other Judicial Magistrate, may, for reasons to be recorded by him,
stop the proceedings at any stage without pronouncing any judgment and where such
stoppage of proceedings is made after the evidence of the principal witnesses has been
recorded, pronounce a judgment of acquittal, and in any other case, release the accused, and
such release shall have the effect of discharge.
(2) “decree” means the formal expression of an adjudication which, so far as regards the
Court expressing it, conclusively determines the rights of the parties with regard to all or any
of the matters in controversy in the suit and may be either preliminary or final. It shall be
deemed to include the rejection of a plaint and the determination of any question within 2 ***
section 144, but shall not include— (a) any adjudication from which an appeal lies as an
appeal from an order, or (b) any order of dismissal for default. Explanation.—A decree is
preliminary when further proceedings have to be taken before the suit can be completely
disposed of. It is final when such adjudication completely disposes of the suit. It may be
partly preliminary and partly final;
(5) “foreign Court” means a Court situate outside India and not established or continued by
the authority of the Central Government;
69. (d) Section 2(8), 2(9) and 2(10) of Civil Procedure Code –
(10) “judgment-debtor” means any person against whom a decree has been passed or an order
capable of execution has been made;
70. (d) Section 2(11), 2(13) and 2(14) of Civil Procedure Code
(11) “legal representative” means a person who in law represents the estate of a deceased
person, and includes any person who intermeddles with the estate of the deceased and where
a party sues or is sued in a representative character the person on whom the estate devolves
on the death of the party so suing or suied;
(14) “order” means the formal expression of any decision of a Civil Court which is not a
decree;
(12) “mesne profits” of property means those profits which the person in wrongful possession
of such property actually received or might with ordinary diligence have received therefrom,
together with interest on such profits, but shall not include profits due to improvements made
by the person in wrongful possession;
3. Subordination of Courts.—For the purposes of this Code, the District Court is subordinate
to the High Court, and every Civil Court of a grade inferior to that of a District Court and
every Court of Small Causes is subordinate to the High Court and District Court.
9. Courts to try all civil suits unless barred.—The Courts shall (subject to the provisions
herein contained) have jurisdiction to try all suits of a civil nature excepting suits of which
their cognizance is either expressly or impliedly barred. 4 [Explanation I].—A suit in which
the right to property or to an office is contested is a suit of a civil nature, notwithstanding that
such right may depend entirely on the decision of questions as to religious rites or
ceremonies. 5 [Explanation I].—For the purposes of this section, it is immaterial whether or
not any fees are attached to the office referred to in Explanation I or whether or not such
office is attached to a particular place.]
Section 11. Res judicata.—Explanation I.—The expression “former suit” shall denote a suit
which has been decided prior to a suit in question whether or not it was instituted prior
thereto.
Section 24. Computation of time mentioned in instruments. All instruments shall for the
purposes of this Act be deemed to be made with reference to the Gregorian calendar.
Section 30. Provision for suits, etc., for the prescribed period is shorter than the period
prescribed by the Indian Limitation Act, 1908. Notwithstanding anything contained in this
Act- (a) any suit for which the period of limitation is shorter than the period of limitation
prescribed by the Indian Limitation Act, 1908, may be instituted within a period of seven
years next after the commencement of this Act or within the period prescribed for such suit
by the Indian Limitation Act, 1908, whichever period expires earlier: Provided that if in
respect of any such suit, the said period of seven years expires earlier than the period of
limitation prescribed therefor under the Indian Limitation Act, 1908 and the said period of
seven years together with so much of the period of limitation in respect of such suit under the
Indian Limitation Act, 1908, as has already expired before the commencement of this Act is
shorter than the period prescribed for such suit under this Act, then, the suit may be instituted
within the period of limitation prescribed therefor under this Act; (b) any appeal or
application for which the period of limitation is shorter than the period of limitation
prescribed by the Indian Limitation Act, 1908, may be preferred or made within a period of
ninety days next after the commencement of this Act or within a period prescribed for such
appeal or application by the Indian Limitation Act, 1908, whichever period expires earlier.
Section 19. Effect of payment on account of debt or of interest on legacy. Where payment on
account of a debt or of interest on a legacy is made before the expiration of the prescribed
period by the person liable to pay the debt or legacy or by his agent duly authorised in this
behalf, a fresh period of limitation shall be computed from the time when the payment was
made: Provided that, save in the case of payment of interest made before the 1st day of
January, 1928, an acknowledgement of the payment appears in the handwriting of, or in a
writing signed by, the person making the payment. ExplanationFor the purposes of this
section- (a) where mortgaged land is in the possession of the mortgagee, the receipt of the
rent or produce of such land shall be deemed to be a payment; (b) "debt" does not include
money payable under a decree or order of a court.
Section 7. Revision of rent in respect of new tenancies.- (1) In the absence of any agreement
to the contrary, the rent of the premises let out after the commencement of this Act shall be
liable to be increased at the rate of 5 % per annum and the amount of increase of rent shall be
merged in such rent after ten years. Such rent shall further be liable to be increased at the
similar rate and merged in similar manner till the tenancy subsists. (2) Any agreement for
increase of rent in excess of 5% per annum shall be void to that extent.
21. Custody orders.—Notwithstanding anything contained in any other law for the time being
in force, the Magistrate may, at any stage of hearing of the application for protection order or
for any other relief under this Act grant temporary custody of any child or children to the
aggrieved person or the person making an application on her behalf and specify, if necessary,
the arrangements for visit of such child or children by the respondent: Provided that if the
Magistrate is of the opinion that any visit of the respondent may be harmful to the interests of
the child or children, the Magistrate shall refuse to allow such visit.
22. Compensation orders.—In addition to other reliefs as may be granted under this Act, the
Magistrate may on an application being made by the aggrieved person, pass an order
directing the respondent to pay compensation and damages for the injuries, including mental
torture and emotional distress, caused by the acts of domestic violence committed by that
respondent.
86. b
87. c
88. d
89. b
90. b
91 c
92. b
93. c
94. a
95 c
96 c
97 a
98 d
99 a
100 d