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Law and Constitution - 3 (UP Police)

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The minimum qualifying age for being a member of the Parliament is

  1. 21 years

  2. 18 years

  3. 25 years

  4. 35 years


Correct Option: C
Explanation:

The minimum age for qualification as a member of the Lok Sabha is 25 years. Each Lok Sabha is formed for a period of five years, at the end of which the House is dissolved.

Rights under Article 19 are

  1. available to everyone in India

  2. available only to citizens of India

  3. available to foreign diplomats

  4. Both (1) and (3)


Correct Option: B
Explanation:

Fundamental Rights given under Indian Constitution cover all citizens of India.

In 2009, the Supreme Court asked the Centre to remove the religious structures from the

  1. Railway Lands

  2. Government Lands

  3. Public Streets

  4. None of the above


Correct Option: C
Explanation:

The court had, in an interim order on September 29, 2009, directed that henceforth no unauthorized construction shall be carried out or permitted in the name of temple, church, mosque or gurudwara on public streets, public parks or other public places. The direction is now a final ruling.

Fiduciary relationship is a relationship based on

  1. contract

  2. blood relationship

  3. money

  4. trust


Correct Option: D
Explanation:

A fiduciary is someone who has undertaken to act for and on behalf of another in a particular matter in circumstances which give rise to a relationship of trust and confidence. A fiduciary duty is the highest standard of care at either equity or law.

What is the retirement age for a High Court Judge?

  1. Same as the retirement age for a District Judge

  2. Same as the retirement age for a Supreme Court Judge

  3. Lower than the retirement age for a District Judge

  4. Lower than the retirement age for a Supreme Court Judge


Correct Option: D
Explanation:

Correct Answer: Lower than the retirement age for a Supreme Court Judge The retirement age of the judge of the Supreme Court of India is 65 years whereas that of a high court judge is 62 years and the age for retirement of district judge is 60 years.

Release of the prisoner before completion of his actual sentence is called

  1. Probation

  2. Parole

  3. Acquittal

  4. Discharge


Correct Option: B
Explanation:

Correct Answer: Parole Parole is the temporary or permanent release of a prisoner before the expiry of a sentence, on the promise of good behaviour. 

Which of the following is the usual punishment for "murder"?

  1. Life imprisonment

  2. 10 year imprisonment

  3. 12 year imprisonment

  4. None of these


Correct Option: A
Explanation:

Section 302 of Indian Penal Code - "Punishment for Murder" - Whoever commits murder shall be punished with death, or [imprisonment for life], and shall also be liable to fine. 

Murder is punishable under Section _________ of the Indian Penal Code.

  1. 299

  2. 300

  3. 302

  4. 304


Correct Option: C
Explanation:

Section 302 in The Indian Penal Code: Punishment for murder — Whoever commits murder shall be punished with death, or imprisonment for life and shall also be liable to fine.

Adjudication means

  1. arrest

  2. remand

  3. prosecution

  4. decision by a competent court


Correct Option: D
Explanation:

Adjudication is the legal process by which an arbiter or judge reviews evidence and argumentation, including legal reasoning set forth by opposing parties or litigants to come to a decision which determines rights and obligations between the parties involved.

President Pranab Mukharjee has approved a new set of protocols to be used in greetings, invitations and address. According to this, what should be used in place of 'Mahamahim'?

  1. Rashtrapati Mahoday

  2. Rashtrapati Sahib

  3. Rashtrapati Mahashay

  4. Manyavar


Correct Option: A
Explanation:

President Pranab Mukharjee has approved a new set of protocols to be used in greetings, invitations and address. According to this, in Hindi, 'Rashtrapati Mahoday' should be used in place of 'Mahamahim' during such occasions.

The book ‘Līlāvatī’ is related to

  1. Astronomy

  2. Astrology

  3. Mathematics

  4. Literature


Correct Option: C
Explanation:

Līlāvatī is Indian mathematician Bhāskara II's treatise on Mathematics and was written in 1150.

Primitive man first domesticated

  1. cow

  2. elephant

  3. dog

  4. goat


Correct Option: C
Explanation:

Dog was the first domesticant, and was established across Eurasia before the end of the Late Pleistocene era, well before cultivation and before the domestication of other animals.

Which of the following is the lightest metal?

  1. Mercury

  2. Silver

  3. Lithium

  4. Lead


Correct Option: C
Explanation:

Correct Answer: Lithium Under standard conditions, lithium is the lightest metal and the least dense solid element.

What is the minimum required age limit to drive a gearless bike?

  1. 14 years

  2. 15 years

  3. 16 years

  4. 18 years


Correct Option: C
Explanation:

Correct Answer: 16 years Applications for a provisional driving licence can be made from the age of 16. Valid for driving a moped or gearless motorcycle (with a capacity of up to 50 cc) from aged 16, and a car from aged 18 or older to drive any other type of vehicle.

National Human Rights Commission’s office is situated at

  1. Delhi

  2. Mumbai

  3. Bengaluru

  4. Kolkata


Correct Option: A

When did the “Protection of Women from Domestic Violence Act 2005” come into force?

  1. 2nd October, 2005

  2. 1st January, 2005

  3. 26th January, 2005

  4. 26th October, 2006


Correct Option: D
Explanation:

The Protection of Women from Domestic Violence Act 2005 is an Act of the Parliament of India enacted to protect women from domestic violence. It was brought into force by the Indian government from 26th October, 2006.

Who appoints the Chairman of the State Human Rights Commission?

  1. Governor of the state

  2. Chief minister

  3. President

  4. Prime minister


Correct Option: A
Explanation:

The Chairperson and Member of the State Human Rights Commission are appointed by the Governor on the basis of recommendations of a Committee comprising the Chief Minister as the Chairperson, the Home Minister, the Speaker of the Assembly and the Leader of Opposition in the Assembly as members.

The Government of India Act, 1935, envisaged the introduction of

  1. dyarchical form of government

  2. federal form of government

  3. republican form of government

  4. unitary form of government


Correct Option: B
Explanation:

Correct Answer: federal form of government

The principles of greatest good of the greatest number was advocated by

  1. Utilitarianism

  2. Socialism

  3. Marxism

  4. Fascism


Correct Option: A
Explanation:

Correct Answer: Utilitarianism Utilitarianism is a theory in normative ethics holding that the best moral action is the one that maximizes utility.

Defamation infringes a person's right to

  1. Privilege

  2. Status

  3. Pride

  4. Reputation


Correct Option: D
Explanation:

Correct Answer: Reputation Defamation Law falls under Tort Law. It refers to false statements about a person, communicated as fact to one or more other persons by an individual or entity (such as a person, newspaper, magazine, or political organization), which causes damage and does harm to the target’s reputation and/or standing in the community.

What is popular as ‘Advance-fee fraud’?

  1. Nigeria 419

  2. USA 352

  3. IPC 288

  4. None of these


Correct Option: A
Explanation:

An advance-fee scam typically involves promising the victim a significant share of a large sum of money, in return for a small up-front payment, which the fraudster requires in order to obtain the large sum. If a victim makes the payment, the fraudster either invents a series of further fees for the victim, or simply disappears. There are many variations on this type of scam, including the 419 scam, the Spanish Prisoner scam, the black money scam and the Detroit-Buffalo scam. The scam has been used with fax and traditional mail, and is now prevalent in online communications like emails. The scam messages often claim to originate in Nigeria, but usually this is not true. The number "419" refers to the section of the Nigerian Criminal Code dealing with fraud, the charges and penalties for offenders.

The person who aids the commission of an offence is called

  1. Conspirator

  2. Abettor

  3. Approver

  4. None of these


Correct Option: B
Explanation:

Correct Answer: Abettor Abettor is one who commands, advises, instigates, or encourages another to commit a crime. A person who, being present, incites another to commit a crime, and thus becomes a principal. To be an abettor, the accused must have instigated or advised the commission of a crime or been present for the purpose of assisting in its commission; he or she must share criminal intent with which the crime was committed.

The Indian constitution is republican because it provides for

  1. a Parliament

  2. an elected Prime Minister

  3. a federal form of Government

  4. an elected President


Correct Option: D
Explanation:

In a republic form of government, the head of the state is an elected person and not a hereditary monarch. This word denotes a government where no one holds a public power as proprietary right. A democratic republic is an entity in which the head of state is elected, directly or indirectly, for a fixed tenure. The President of India is elected by an electoral college for a term of five years. The post of the President of India is not hereditary. Every citizen of India is eligible to become the President of the country. The leader of the state is elected by the people.

Sec 326A of IPC deals with ____.

  1. voluntary hurt by using weapons

  2. voluntary hurt by using swords

  3. voluntary hurt by using acid

  4. voluntary hurt by using poison

  5. None of these


Correct Option: C
Explanation:

Section 326 A in the Indian Penal Code lays down the punishment for acid throwing. The minimum punishment is 10 years of imprisonment.

Generally rights are classified into civil and

  1. religious rights

  2. social rights

  3. political rights

  4. military rights


Correct Option: C
Explanation:

Correct Answer: political rights Civil and political rights are a class of rights that protect individuals' freedom from infringement by governments, social organizations, and private individuals. They ensure one's ability to participate in the civil and political life of the society and state without discrimination or repression.

Which of the following gives the best legal protection to human rights in India?

  1. The International Court of Justice

  2. The Magna Carta

  3. Commonwealth Legislation

  4. Human Rights Protection Act, 1993


Correct Option: D
Explanation:

Correct Answer: Human Rights Protection Act, 1993

The right to property in India is a

  1. fundamental right

  2. legal right

  3. moral right

  4. natural right


Correct Option: B
Explanation:

The Indian Constitution does not recognize property right as a fundamental right. In the year 1977, the 44th amendment eliminated the right to acquire, hold and dispose of property as a fundamental right. However, in another part of the Constitution, Article 300 (A) was inserted to affirm that no person shall be deprived of his property save by authority of law. The result is that the right to property as a fundamental right is now substituted as a statutory right. 

Who presides over the meetings of the Lok Sabha?

  1. Speaker

  2. Vice President

  3. Prime Minister

  4. President


Correct Option: A
Explanation:

In the Lok Sabha, the lower house of the Indian Parliament, both presiding officers - Speaker and Deputy Speaker - are elected from among its members by a simple majority of members present and voting in the house. As such, no specific qualifications are prescribed for being elected as the Speaker.

Sedition can be done by ____.

  1. words

  2. signs

  3. visible representation

  4. All of the above

  5. /


Correct Option: D
Explanation:

Something that excites the disaffection towards the government comes under sedition.

In criminal conspiracy, there should be at least _______ person(s).

  1. 1

  2. 2

  3. 3

  4. 5

  5. /


Correct Option: B
Explanation:

The crime of conspiracy is defined as two or more persons conspiring to commit any crime, together with proof of the commission of an overt act in furtherance by one or more of the parties to such agreement.

The Parliament can make law for the whole or any part of India for implementing international treaties

  1. with the consent of all the states

  2. with the consent of majority of states

  3. with the consent of states concerned

  4. without the consent of any state


Correct Option: D
Explanation:

Correct Answer: without the consent of any state

  1. Legislation for giving effect to international agreements - Notwithstanding anything in the foregoing provisions of this Chapter, Parliament has power to make any law for the whole or any part of the territory of India for implementing any treaty, agreement or convention with any other country or countries or any decision made at any international conference, association or other body.

A instigates B to murder C and B refuses to do so. Has A committed an offence?

  1. Yes, A has committed an offence under abetment.

  2. No, abetment is completed only after offence is completed.

  3. This is not a case of abetment.

  4. It is just a provocation, but not an offence.

  5. /


Correct Option: A
Explanation:

Under abetment, instigation is enough to commit an offence.

Threat of giving injury to a public servant u/s 189 of IPC shall be punishable for_____.

  1. 2 years

  2. 3 years

  3. 5 years

  4. 7 years

  5. /


Correct Option: A
Explanation:
  1. Threat of injury to public servant — Whoever holds out any threat of injury to any public servant, or to any person in whom he believes that public servant to be interested, for the purpose of inducing that public servant to do any act, or to forbear or delay to do any act, connected with the exercise of the public functions of such public servant, shall be punished with impris­onment of either description for a term which may extend to two years, or with fine, or with both.

In which of the following is the right of private defence not available?

  1. When public servant is not acting in good faith

  2. When public servant is acting under the direction of superior authority

  3. When there is no apprehension of death

  4. When there is only hurt

  5. /


Correct Option: C
Explanation:

There is no right of private defence against an act which does not reasonably cause the apprehension of death or of grievous hurt, if done, or attempted to be done, by a public servant acting in good faith under colour of his office, though that act may not be strictly justifiable by law.

Offence of murder is triable by

  1. chief judicial magistrate 1st class

  2. sessions judge

  3. metropolitan magistrate

  4. executive magistrate

  5. /


Correct Option: B
Explanation:

Powers are only in hands of sessions and additional sessions judge in case of murder.

In offences related to coin, which of the following come under the defination of coin?

  1. Cowries

  2. Lumps

  3. Medals

  4. Stamped metals

  5. /


Correct Option: D
Explanation:

Metal stamped and issued by the authority of government of India u/s 230 of IPC.

Which section deals with attempt to commit suicide?

  1. Sec 306

  2. Sec 307

  3. Sec 308

  4. Sec 309

  5. /


Correct Option: D
Explanation:

According to Section 309 of the IPC, "whoever attempts to commit suicide and does any act towards commission of such offence, shall be punished for a term which may extend to one year of imprisonment, or with fine, or with both".

Rioting u/s 147 of IPC is a _____ offence.

  1. non-compoundable and bailable

  2. compoundable and bailable

  3. non-compoundable and non-bailable

  4. compoundable and non-bailable

  5. /


Correct Option: A
Explanation:

Section 147 of Indian Penal Code: "Punishment for Rioting" - Whoever is guilty of rioting, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both. There are some offences which cannot be compounded. They can only be quashed. This is because the nature of offence is so grave and criminal, that the accused cannot be allowed to go scot-free. Here, in these types of cases generally, it is the "state", i.e. police, who has filed the case, and hence the question of complainant entering into compromise does not arise.

Wrongful restraint and wrongful confinement both offences are _______.

  1. non-bailable

  2. non-cognizable

  3. non-compoundable

  4. triable by magistrate

  5. /


Correct Option: D
Explanation:

These are not serious offences according to sec 339 and 340.

U/s 376E of IPC, repeat offenders shall be punishable with _______.

  1. imprisonment for life

  2. death

  3. imprisonment for another 20 years

  4. Either 1 or 2

  5. /


Correct Option: D
Explanation:

Whoever has been previously convicted of an offence punishable under section 376 or section 376A or section 376D and is subsequently convicted of an offence punishable under any of the said sections shall be punished with imprisonment for life which shall mean imprisonment for the remainder of that person’s natural life, or with death.

According to sec 63 of IPC, when there is no sum expressed for the fine, then fine shall extend up to _____.

  1. 1 lakh

  2. 2 lakh

  3. 5 lakh

  4. unlimited amount

  5. /


Correct Option: D
Explanation:

It shall be unlimited but not excessive.

What does the "notification" stands for according to IPC?

  1. Publication

  2. Official Gazette

  3. Publication in official Gazette

  4. Records in Official Gazette

  5. /


Correct Option: B
Explanation:

/

According to IPC, emasculation, permanent privation of the sight, fracture and permanent disfiguration of head and face are the concepts of

  1. hurt u/s 319 of IPC

  2. grievous hurt u/s 320 of IPC

  3. grievous hurt u/s 326 of IPC

  4. hurt u/s 337 of IPC

  5. /


Correct Option: B
Explanation:

These all are dangerous body injuries and are also called as grievous hurt u/s 320 of IPC.

A in good faith believing property belonging to Z's to be A's own property takes that property out of Z's possession. Has A committed theft?

  1. A has committed an offence because his intention was to grab property.

  2. A has not committed an offence because A did not take it dishonestly.

  3. A has committed an offence because A took property without the consent of Z.

  4. A has committed an offence because the property was moveable.

  5. /


Correct Option: B
Explanation:

Sec 378 of IPC states that whoever intending to take moveable property dishonestly without consent is said to commit theft.

A, intending to kill B by poison, mixes the poison with food, which was delivered to him on the table. A has committed an offence under which section?

  1. Sec 304

  2. Sec 305

  3. Sec 306

  4. Sec 307

  5. /


Correct Option: D
Explanation:

Sec 307 deals with attempt to murder and A is having intention to kill B.

Whoever compels any person u/s 374 of IPC to labour against his will shall be punishable for

  1. 1 year

  2. 2 years

  3. 3 years

  4. 4 years

  5. /


Correct Option: A
Explanation:

Imprisonment shall be of 1 year or fine u/s 374 of IPC.

The Indian federation is similar to that of

  1. United States of America

  2. Canada

  3. Switzerland

  4. Australia


Correct Option: B
Explanation:

Indian federation model resembles the Canadian one where instead of federation it is known by the term Union.

The Prime Minister in India will have to resign when

  1. the Rajya Sabha passes a vote of no confidence against him

  2. the Cabinet is dissatisfied with some of his policies

  3. the President loses his faith in him

  4. the Lok Sabha turns down his budget proposals


Correct Option: D
Explanation:

The Prime Minister in India will have to resign when the Lok Sabha turns down his budget proposals. If a budget is not passed, there is a no confidence motion. If the Prime Minister loses the no confidence motion, he has to resign.

The Governor of a State can use his discretion in

  1. appointing the Advocate General of the State

  2. appointing the Chief Minister, when no party has a clear majority

  3. issuing ordinances

  4. dissolving the lower chamber before the expiry of its term


Correct Option: B
Explanation:

The Governor is a constitutional head of the state. Though in most matters he has to act on the advice of the Council of Ministers, he can exercise discretion in some cases. The Constitution does not specify these matters, but the matters in which he can act without the advice of the Council of Ministers, like the selection of Chief Minister if no political party has a clear-cut majority. 

The Government of India can suspend both the Rights of Habeas Corpus and Freedom of Speech

  1. when parliamentary proceedings are crippled by the opposition

  2. under the Essential Services Act

  3. when the legislature in a state fails to function

  4. when there is a move for succession of a part of the country


Correct Option: C
Explanation:

Option 3 is correct. During a national emergency, many Fundamental Rights of Indian citizens can be suspended. The six freedoms under Right to Freedom are automatically suspended. By contrast, the Right to Life and Personal Liberty cannot be suspended according to the original Constitution. 

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