Uttar Pradseh Assistant Prosecution Officer (Pre. ) Exam., 2015

Law (Part-II) Solved Paper (Held on : 26-7-2015)

1.In which one of the following Sections of I.P.C., “Kidnapping or maiming a minor for begging” has been discussed ?
(A) Section 363 (B) Section 364 (C) Section 363-A (D) Section 364-A (Ans : C)

2. How many kinds of hurts are grievous hurt under Section 320 of I.P.C. ?
(A) 6 (B) 7 (C) 8 (D) 9 (Ans : C)

3. Which one of the following is a continuing offence?
(A) Abetment (B) Rape (C) Abduction (D) Theft (Ans : C)

4. Which of the following is not matched correctly under Indian Penal Code?
(A) Thug – Section 309 (B) Counterfeiting coins – Section 231 (C) Bribery – Section 171-B (D) Gender – Section 8 (Ans : A)

5. ‘A’, having insured his shop, voluntarily causes fire to his shop, intending to realize insured money from the insurance company. ‘A’ has committed–
(A) Mischief (B) Cheating (C) Extortion (D) None of the above (Ans : A)

6. Read the following–
1. The maxim” Actus me invito factus non est mens acts” finds application in Section 94 of I.P.C.
2. The maxim “diminimis non curat lex” has been incorporated in Section 95 of I.P.C.
Of the above–
(A) 1 is true but 2 is false. (B) 1 is false but 2 is true. (C) Both 1 and 2 are true. (D) Both 1 and 2 are false. (Ans : C)

7. ‘A’ is at work with a hatchet, the head flies off and kills a man who is standing nearby. “A’ is guilty of–
(A) Murder (B) Culpable homicide not amounting to murder. (C) Grievous hurt (D) No offence (Ans : B)

8. ‘X’ having sufficient food, does not provide some food to a beggar; who dies of hunger. ‘X’ is guilty of–
(A) No offence (B) Attempt to murder (C) Murder (D) Culpable homicide not amounting to murder (Ans : A)

9. Read the following–
1. Indian Courts have jurisdiction to try crime committed by an Indian in a foreign country.
2. Indian Courts do not have jurisdiction to try crime committed by a foreigner in India.
Of the above–
(A) 1 is true but 2 is false. (B) 1 is false but 2 is true. (C) Both 1 and 2 are true. (D) Both 1 and 2 are false. (Ans : A)

10. Read the following–
1. R. Vs. Mcnaughten is the case related with insanity as a defence.
2. R. V s. Govinda is the case related with common intention.
Of the above–
(A) 1 is true but 2 is false. (B) 1 is false but 2 is true. (C) Both 1 and 2 are true. (D) Both 1 and 2 are false. (Ans : A)

11. Read the following–
1. R. Vs. Dudley & Stephens is the case related with necessity.
2. State Vs. K. M. Nanawati is the case related with murder on grave and sudden provocation.
Of the above–
(A) 1 is true, but 2 is false. (B) 1 is false, but 2 is true. (C) Both 1 and 2 are true. (D) Both 1 and 2 are false. (Ans : C)

12. ‘X’ on receiving grave and sudden provocation from ‘2’, intentionally causes the death of ‘Y’, who is brother of ‘2’, ‘X’ has committed the offence of–
(A) Murder (B) Culpable homicide not amounting to murder (C) Grievous hurt (D) Attempt to murder (Ans : A)

13. ‘A’ finds a ring lying on the high-road not in the possession of any person. He keeps it to himself. ‘A’ has committed–
(A) Theft (B) Criminal misappropriation (C) Criminal breach of trust (D) None of the above (Ans : D)

14. ‘A’ cuts down a tree on B’s land with the intention of dishonestly taking the true out of B’s possession without B’s consent. A has committed–
(A) No offence until the tree is taken away. (B) The offence of criminal misappropriation of property.
(C) The offence of criminal breach of trust. (D) The offence of theft. (Ans : D)

15. ‘A’, claiming to be a family planning expert gave ‘X’ some chemical. After consuming the chemical, the child in the womb of ‘X’ die in the womb. ‘A’ has committed–
(A) No offence (B) Offence of murder (C) Offence of culpable homicide not amounting to murder (D) Offence of causing miscarriage (Ans : D)

16. Shatrughan Chauhan Vs. Union of India (2014) 3 S.C.C. 1 is the case related to–
(A) Giving false evidence before the court (B) Waging war against the state
(C) Commutation of death sentence to life imprisonment (D) None of the above (Ans : C)

17. In which of the following cases, recently the Supreme Court has upheld the constitutional validity of a criminal statute in “offences against the order of the nature” ?
(A) National Legal Services Authority Vs. Union of India (B) Charu Khurana Vs. Union of India
(C) Jaya Bhaduri Vs. Union of India (D) Suresh Kumar Kaushal Vs. Naz Foundation (Ans : D)

18. ‘A’ sought to appear at the B. A. examination on the basis of forged marksheet of Intermediate. But forged marksheet was detected before the commencement of examination. ‘A’ is guilty of–
(A) Cheating (B) Attempt to cheat (C) Criminal breach of trust (D) None of the above (Ans : B)

19. Robbery is dacoity when the minimum number of persons committing robbery is–
(A) 10 persons (B) 5 persons (C) 6 persons (D) 4 persons (Ans : B)

20. ‘A’ intentionally pulls up a woman’s veil in order to annoy her. ‘A’ commits–
(A) Wrongful restraint (B) Assault (C) Criminal force (D) Defamation (Ans : C)

21. Which Section of I.P.C. provide for “imprisonment for non-payment of fine, when offence punishable with fine only” ?
(A) Section 63 (B) Section 64 (C) Section 67 (D) None of the above (Ans : C)

22. Which of the following Section of I.P.C. provide for solitary confinement of an convict?
(A) Section 71 (B) Section 72 (C) Section 73 (D) None of the above (Ans : C)

23. In which of the following offences, guilty intention is not an essential element?
(A) Murder (B) Theft (C) Robbery (D) Bigamy (Ans : D)

24. When two or more persons fight in a public place and commit breach of peace, they commit–
(A) Riot (B) Robbery (C) Affray (D) No offence (Ans : C)

25. “Any such fact which possesses probative force, is called evidence. ” This definition belongs to–
(A) Salmond (B) Stephen (C) Phipson (D) Bentham (Ans : A)

26. Who can make an admission under the Indian Evidence Act?
(A) Person from whom interest derived (B) An independent person (C) Witness to a proceeding (D) The Court (Ans : A)

27. Which, among the following is not a ‘public document’ ?
(A) Arrest warrant (B) Charge-sheet (C) Postmortem Report (D) A registered sale deed (Ans : C)

28. Electronic records were included in Section 3 the Evidence Act w.e. from–
(A) 17 October, 2000 (B) 10 October, 2000 (C) 2 October, 2000 (D) 14 November, 2000 (Ans : A)

29. Match List-I and List-II and find out the correct answer according to code given below the lists.
List-I
(a) Document (b) Primary Evidence (c) Secondary Evidence (d) Oral Evidence
List-II
1. Section 3 2. Section 62 3. Section 63 4. Section 60
Codes:
(a) (b) (c) (d)
(A) 2 3 1 4
(B) 1 2 3 4
(C) 3 2 1 4
(D) 2 1 4 3 (Ans : B)

30. Which Section of Evidence Act deals with rule of res gestae?
(A) Section 7 (B) Section 9 (C) Section 10 (D) Section 6 (Ans : D)

31. For an offence under Section 376 I.P.C., evidence of character of the victim is not relevant under which Section of the Evidence Act?
(A) Section 53-A (B) Section 114-A (C) Section 53 (D) Section 119 (Ans : A)

32. ‘Presumption of Life’ is contained in which of following Section of the Indian Evidence Act?
(A) Section 108 (B) Section 106 (C) Section 104 (D) Section 107 (Ans : D)

33. Which one of the following Section of the Indian Evidence Act, gives effect to the principle that “possession is the prima facie evidence of a complete title” ?
(A) Section 110 (B) Section 112 (C) Section 113 (D) Section 114 (Ans : C)

34. Under which Section of Evidence Act continuous cohabitation for a number of years may raise the presumption of marriage?
(A) Section 112 (B) Section 50 (C) Section 114 (D) None of the above (Ans : D)

35. Which Section of the Indian Evidence Act provides that no particular number of witnesses shall in any case be required for the proof of any fact?
(A) Section 135 (B) Section 134 (C) Section 136 (D) Section 132 (Ans : B)

36. Which one of the following Sections of the Indian Evidence Act provides provision relating to ‘refreshing memory’ ?
(A) Section 161 (B) Section 160 (C) Section 159 (D) Section 158 (Ans : C)

37. Which Section of Indian Evidence Act makes the provision that there shall be no new trial on the ground of improper admission or rejection of evidence?
(A) Section 166 (B) Section 167 (C) Section 165 (D) Section 161 (Ans : B)

38. A plea of alibi–
(A) Is a special exception under I.P.C. (B) Is a general exception under I.P.C.
(C) Is only a rule of evidence recognized in S.11 of Evidence Act (D) None of the above (Ans : C)

39. A ‘dying declaration’ can be–
(A) Oral (B) In writing (C) In any adequate method of communication (D) All the above (Ans : D)

40. A witness unable to speak, gives evidence by signgestures in open court. Such evidence is–
(A) Oral evidence (B) Secondary evidence (C) Special evidence (D) Circumstantial evidence (Ans : A)

41. Under Evidence Act, value of medical evidence–
(A) Is only corroborative (B) Is conclusive (C) Is of no assistance
(D) Is conclusive even if contrary to credible and trustworthy evidence of eye-witness (Ans : A)

42. Facts alleged by one party and denied by the other in a case is termed as–
(A) Negative facts (B) Relevant facts (C) Facts in issue (D) Positive facts (Ans : C)

43. Assertion (A) : Proviso to Section 132, Evidence Act is a facet of rule’ against self incrimination’.
Reason (R) : Policy of Section 132, Evidence Act is to procure evidence for doing justice.
Of the above–
(A) Both (A) and (R) are true and (R) is correct explanation of (A) (B) Both (A) and (R) are true, but (R) is not correct explanation of (A)
(C) (A) is true, but (R) is false (D) (A) is false, but (R) is true (Ans : A)

44. Under Section 45 of the Evidence Act, the opinion of the expert cannot be sought for–
(A) Foreign law (B) Science or Art (C) Indian law (D) Finger impression (Ans : C)

45. In which of the following cases, constitutional validity of Section 27 of the Indian Evidence Act was challenged on the basis of being violative of Art. 20(3) of the Constitution?
(A) State of U.P. Vs. Deoman Upadhyay (B) State of Bombay Vs. Kathikalu
(C) Inayatullah Vs. State of Maharashtra (D) Nandini Satpathi Vs. P.L. Dhani (Ans : B)

46. R.M. Malkani Vs. State of Maharashtra, (A.I.R. 1973 SC 157) deals with admissibility of–
(A) Tape recorded evidence (B) Admission made to public (C) Expert opinion (D) Hearsay evidence (Ans : A)

47. Case of Sharad Chandra Dey Vs. Gopal Chandra Laha is concerned with–
(A) Confession (B) Conspiracy (C) Presumption (D) Estoppel (Ans : D)

48. A is accused of the murder of B. At his trial which of the following facts may be in issue?
1. A caused B’s death. 2. A is an honest person. 3. A had received grave and sudden provocation from B. 4. A was awarded for social services.
Select correct answer–
(A) 1 and 2 (B) 1 and 3 (C) 1, 2 and 3 (D) 1, 2, 3 and 4 (Ans : B)

49. Section 112 of the Indian Evidence Act–
(A) Creates a legal friction (B) Does not provide for presumption
(C) Provides for conclusive presumption which can be rebutted by D.N.A. test
(D) Provides for conclusive test not rebuttable in any case (Ans : D)

50. Under which section of Cr. P.C., court has discretionary power to summon any person as a wit- ness?
(A) Section 311 (B) Section 319 (C) Section 311-A (D) Section 313 (Ans : A)

1. X is charged for promoting enmity between two groups on the ground of language. Whose previous sanction is required before a court takes cognizance of this offence under Cr. P.C. ?
   (A) District Magistrate (B) High Court (C) Central Government or State Government (D) None of the above (Ans : C)52. Under Section 145 Cr. P.C. in disputes as to immovable property, the Executive Magistrate can decide the question of–
   (A) Possession and title (B) Actual possession (C) Title (D) All the above (Ans : B)53. Read the following–
   1. F.I.R. is only a report about the commission of a crime.
   2. F.I.R. in itself is a substantial evidence.
   Of the above–
   (A) 1 is true, but 2 is false. (B) 1 is false, but 2 is true. (C) Both 1 and 2 are true. (D) Both 1 and 2 are false. (Ans : A)

   54. Children of Muslim parents are–
   (A) Not entitled to maintenance under Section 125 Cr. P.C. (B) Not entitled to maintenance under Section 125 Cr. P.C. if living with divorced wife.
   (C) Entitled to maintenance. (D) Not governed by Cr. P.C. (Ans : C)

   55. Warrant case means a case relating to an offence–
   (A) Punishable with death (B) Punishable with imprisonment for life or imprisonment for a term exceeding two years
   (C) Punishable with imprisonment not exceeding two years (D) (A) and (B) above (Ans : D)

   56. ‘A’ is accused of theft on the occasion and of causing grievous hurt on another occasion. A must be–
   (A) Charged separately for theft and for causing grievous hurt (B) Charged jointly for theft and causing grievous hurt
   (C) Tried jointly for theft and for causing grievous hurt
   (D) Charged jointly for theft and for causing grievous hurt but tried separately for those two offences. (Ans : A)

   57. Provisions relating to ‘plea bargaining’ is applicable to-
   (A) Offences affecting socio-economic conditions of India (B) Offences committed against women
   (C) Offences against children below 14 years of age (D) None of the above (Ans : D)

   58. If a presiding Judge of a court fails to sign and date of the judgement, it amounts to–
   (A) Incurable procedural irregularity (B) Procedural irregularity curable under Section 465(1), Cr. P.C.
   (C) Substantive irregularity (D) Illegality (Ans : B)

   59. A is an accused of theft. After arrest he remained 90 days in preventive detention. After this he was imprisoned for one year. Is he entitled for set-off of 90 days?
   (A) Yes (B) No (C) Entitled for set-off for 45 days (D) Entitled for set-off for 30 days (Ans : A)

   60. Which one of the following remedies have not been provided under the Criminal Procedure Code?
   (A) Reference (B) Review (C) Revision (D) Appeal (Ans : B)

   61. Which one of the following sections of the Cr. P.C. deals with the prosecution of offences against Marriage?
   (A) Section 198 (B) Section 199 (C) Section 197 (D) None of the above (Ans : A)

   62. Which Section of the Cr. P. C resembles with the writ of habeas corpus?
   (A) Section 96 (B) Section 97 (C) Section 98 (D) Section 99 (Ans : B)

   63. A Judicial Magistrate may record any confession–
   (A) In the course of trial (B) In the course of inquiry (C) In the course of investigation (D) All of the above (Ans : C)

   64. Who can issue a search warrant to search a post-office?
   (A) District Magistrate (B) Civil Court (C) High Court (D) Executive Magistrate (Ans : A)

   65. Cognizance of the offence of ‘defamation’ under Chapter XXI of I.P.C can be taken–
   (A) On a police report (B) On complaint made by aggrieved person (C) Suo motu by court (D) All the above (Ans : B)

   66. In which of the following Sections of Cr. P.C. provision for treatment of victims has been made?
   (A) Section 357 (B) Section 357-A (C) Section 357-B (D) Section 357-C (Ans : D)

   67. ‘Public Prosecutor’, under Section 2(4) of the Cr. P.C. means and includes–
   (A) Any person appointed under Section 24. (B) Any person acting under the direction of a Public Prosecutor
   (C) Both (A) and (B) (D) None of the above (Ans : C)

   68. Which one of the following Sections of Cr. P.C. contains the law relating to compensatory justice?
   (A) Section 355 (B) Section 356 (C) Section 357 (D) Section 359 (Ans : C)

   69. Under Criminal Procedure Code, legal protection has been provided to an accused who is of unsound mind. The provision finds place in–
   (A) Section 328 (B) Section 331 (C) Section 334 (D) All of the above (Ans : D)

   70. Jurisdiction to grant ‘anticipatory bail’ vests with–
   (A) Chief Judicial Magistrate (B) The Court of Sessions only (C) The High Court only (D) Both (B) and (C) (Ans : D)

   71. Sentences which Chief Judicial Magistrate may pass–
   (A) Sentence of death (B) Imprisonment for life
   (C) Imprisonment for a term exceeding seven years (D) Imprisonment for a term less than seven years (Ans : D)

   72. Which of the following Sections of Cr. P.C. provides for recording remarks respecting demeanours of witness ?
   (A) Section 288 (B) Section 280 (C) Section 278 (D) Section 270 (Ans : B)

   73. When the officer in-charge of the police station receives information that a person has committed suicide, he will immediately report to the–
   (A) Judicial Magistrate (B) Executive Magistrate (C) Chief Judicial Magistrate (D) High Court (Ans : B)

   74. “A police officer is bound to register an F. LR. upon receiving any information relating to commission of a cognizable offence under Section 154 of Cr. P.C. ” It was observed by the S.C. in the case of–
   (A) Lalita Kumari Vs. State of U.P. (B) Kalyan Vs. State of U.P.
   (C) Nand Kumar Vs. State of Chhattisgarh (D) Narendra Vs. State of Rajasthan (Ans : A)

   75. Which one of the following Sections of the Police Act, 1861, provides that a police officer is always on duty and may be deployed in any part of the general police district?
   (A) Section 20 (B) Section 21 (C) Section 22 (D) Section 23 (Ans : C)

   76. Section 7 of the Police Act, 1861 is related to–
   (A) Departmental Action (B) Judicial Action (C) Both (A) and (B) (D) None of the above (Ans : A)

   77. Under the Uttar Pradesh Police Regulations, a village chowkidar is responsible to the–
   (A) District Superintendent of Police (B) Superintendent of Police (Rural) (C) Village Pradhan (D) District Magistrate (Ans : D)

   78. Under Section 15(3) of Police Act (dealing with disturbed or troubled areas), the cost of additional police force shall be borne by–
   (A) Residents of the area (B) State Government (C) Local Bodies (D) Police Department (Ans : A)

   79. Which one of the following is not included within the meaning of ‘animal’ under Police Act, 1861 ?
   (A) Dog (B) Sheep (C) Goat (D) All the above (Ans : A)

   80. Who is the officer in-charge of a police station (Thana) from among the followings ?
   (A) Head Constable (B) Assistant Sub-inspector of Police (C) Sub-Inspector of Police (D) Dy. Supdtt. of Police (Ans : C)

   81. After examination of any injury or after death, the medical officer will prepare report in–
   (A) Two copies (B) Three copies (C) Four copies (D) Such number as demanded by relative of victim (Ans : B)

   82. In which one of the following Paras of D.P. Police Regulations, it has been laid down that the constables of the civil police shall not be armed except on special occasions?
   (A) Para 58 (B) Para 59 (C) Para 61 (D) Para 63 (Ans : C)

   83. Who, among the following, will appoint Head Constables in armed Police through promotion from constables of the district police force?
   (A) Assistant Supdt. of Police (B) Dy. Supdt. of Police (C) Supdt. of Police (D) Magistrate with the consultation of Supdt. of Police (Ans : C)

   84. Which Section of the Police Act deals with power of District Supdt. of Police to regulate the volume of music on the roads on the occasion of festivals?
   (A) Section 15-A (Clause 4) (B) Section 27 (Clause 2) (C) Section 30 (Clause 4) (D) Section 16 (Clause 3) 1 (Ans : C)

   85. Who among the following officers can order for conduct of public gathering, public movement on public roads, lanes and roads?
   (A) Police Thana Incharge (B) Superintendent of Police (C) Magistrate (D) Any of the above (Ans : B)

   86. Police officer will take unclaimed property (the property of which owner is not known) into his possession but for its disposal, whose orders are to be taken in consideration for guidance?
   (A) Incharge of Police Thana (B) His Senior Police Officer (C) District Magistrate (D) State Government (Ans : C)

   87. Which one of the following Paras of Police Regulations provide that it is the personal duty of the Police Thana Incharge not to keep a person of unsound mind in the same cell with other persons?
   (A) Para 160 (B) Para 161 (C) Para 162 (D) Para 163 (Ans : B)

   88. Which one of the following Sections deals with powers of special police officers under the Police Act, 1861 ?
   (A) Section 17 (B) Section 18 (C) Section 19 (D) Section 20 (Ans : B)

   89. Which one of the followings is not correctly matched as per V.P. Police Regulations?
   (A) Armed Police-Chapter 6 (B) Mounted Police-Chapter 8 (C) Village Police-Chapter 9 (D) Investigations-Chapter 10 (Ans : D)

   90. ‘Court of Justice’ is defined in I.P.C. under–
   (A) Section 17 (B) Section 18 (C) Section 19 (D) Section 20 (Ans : D)

   91.Which one of the following Sections of I.P.C. applies the maxim, “Ignorance of law is not excuse” ?
   (A) Section 77 (B) Section 78 (C) Section 79 (D) None of the above (Ans : C)

   92. Match the following–
   List-I (Offence)
   (a) Criminal conspiracy (b) Attempt to murder (c) Culpable Homicide (d) Extortion
   List-II (Sections of I.P.C.)
   1. Section 307 2. Section 383 3. Section 120-A 4. Section 299
   Codes:
   (a) (b) (c) (d)
   (A) 3 1 4 2
   (B) 1 2 3 4
   (C) 4 3 2 1
   (D) 3 4 1 2 (Ans : A)

   93. ‘A’ obtained a sum of Rs. 10,000 from ‘B’ by putting ‘B’ in fear of death. Which one of the following offences was committed by ‘A’?
   (A) Cheating (B) Robbery (C) Mischief (D) Extortion (Ans : B)

   94. “Dishonest misappropriation of property” is an offence against–
   (A) Movable property (B) Immovable property (C) Both (A) and (B) (D) None of the above (Ans : A)

   95. Under which one of the following Sections of I.P.C., rash and negligent driving of vehicle on public way is an offence?
   (A) Section 278 (B) Section 273 (C) Section 279 (D) Section 280 (Ans : C)

   96. Read the following-
   1. There is either theft or extortion in robbery.
   2. The offence of theft becomes robbery when it is coupled with danger to life.
   Of the above–
   (A) 1 is true, but 2 is false (B) 1 is false, but 2 is true (C) 1 and 2 both are true (D) 1 and 2 both are false (Ans : C)

   97. ‘Z’ is carried off by a tiger. ‘A’ fires at the tiger knowing it to be likely that the shot may kill Z but not intending to kill Z; and in good faith intending-Z’s benefit. A’s bullet gives Z a mortal wound. A shall be guilty of–
   (A) Murder (B) Culpable homicides not amounting to murder (C) Causing death by accident (D) No offence (Ans : D)

   98. Section 304-B and Section 498-A of I.P.C. are–
   (A) Mutually inclusive (B) Not mutually inclusive (C) Used only by Supreme Court (D) Not to be used generally (Ans : A)

   99. ‘A’, by falsely pretending to be in the civil service, intentionally deceives ‘Z’, and thus dishonestly induces ‘Z’ to let him have on credit goods for which he does not mean to pay. ‘A’ has committed–
   (A) Cheating by personation (B) Cheating (C) Extortion (D) None of the above (Ans : B)

   100. ‘A’ distributes compact disk (CD) to ‘B’, a young boy of 19 years, for seeing obscene pictures for recreation. ‘A’ has committed an offence under which of the following Sections of Indian Penal Code?
   (A) Section 292 (B) Section 293 (C) Section 294 (D) Section 295 (Ans : B)