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Law and Constitution - 1 (UP Police)

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Which of the following keys is/are used to create electronic signature?

  1. Public key

  2. Private key

  3. Own key

  4. Other keys


Correct Option: B
Explanation:

Private key is kept on the owner's system and is never transmitted publicly. The senders of an electronic document use their private key to encrypt that document. This is the digital signature.

The Information Technology Act, 2000 does not provide for

  1. legal recognition for transactions carried out electronically

  2. retention of documents in electronic form

  3. filing and submission of documents with government agencies

  4. purchase of immovable properties online


Correct Option: D
Explanation:

The Information Technology Act, 2000 does not apply to any contract for the sale or conveyance of immovable property or any interest in such property.

An appeal may be made to the Cyber Appellate Tribunal against the order of

  1. controller or an adjudicating officer

  2. certifying authority

  3. central government

  4. All of the above


Correct Option: A
Explanation:

Any person aggrieved by an order made by the controller or by an adjudicating officer appointed under the Information Technology Act, 2000 can prefer an appeal before the Tribunal within 45 days of receiving a copy of the order of the controller or the adjudicating officer.

Punishment for sending offensive messages through communication service is given in

  1. Section 66

  2. Section 66A

  3. Section 67

  4. Section 68


Correct Option: B
Explanation:

Section 66A of the Information Technology Act deals with the punishment for sending offensive messages through communication service.

Which of the following acts as a regulator as well as a first-poll-of-call for cyber security incidents?

  1. Cyber Appellate Tribunal

  2. CERT-In

  3. Intermediary

  4. Subscriber


Correct Option: B
Explanation:

Indian Computer Emergency Response Team (CERT-In) is a government organisation under Ministry of Communications and Information Technology. It is a nodal agency that deals with cyber security threats like hacking and phishing. It strengthens security-related defence of the Indian internet domain.

The President of India does not appoint

  1. the Chief Election Commissioner

  2. the Chief Minister of a State

  3. the Chief Justice of India

  4. the Prime Minister


Correct Option: B
Explanation:

The President is the formal head of the legislature, executive and judiciary branches of Indian democracy. The President of India does not appoint the Chief Minister of a State. The public appoints the Chief Minister of State in India.

Which section deals with dowry death?

  1. 304-A of I.P.C.

  2. 498-A of I.P.C.

  3. 489-A of I.P.C.

  4. 304-B of I.P.C.


Correct Option: D
Explanation:

Correct Answer: 304-B of I.P.C.

Making preparation to commit dacoity is punishable in the Indian Penal Code 1860 under

  1. Section 393

  2. Section 395

  3. Section 398

  4. Section 399


Correct Option: D
Explanation:

Correct Answer: Section 399

How many persons are needed to call robbery a dacoity?

  1. Minimum 5

  2. Minimum 10

  3. Minimum 20

  4. Minimum 7


Correct Option: A
Explanation:

Section 391 of the Indian Penal Code provides that when five or more persons conjointly commit or attempt to commit a robbery or where the whole number of persons conjointly committing or attempting to commit a robbery and persons present and aiding such commission or attempt, amount to five or more, every person so committing, attempting or aiding, is said to commit the offence of dacoity.

NIC stands for

  1. National Informatics Centre

  2. National Interface Controller

  3. National Information Centre

  4. None of these


Correct Option: A
Explanation:

NIC stands for National Informatics Centre. It is the premier science and technology organisation of India's Union Government in informatics services and Information and Communication Technology (ICT) applications.

Under the Indian Penal Code, abetment is constituted

  1. by instigating a person to commit an offence

  2. by engaging in a conspiracy to commit an offence

  3. by intentionally aiding a person to commit an offence

  4. All of the above


Correct Option: D
Explanation:

Correct Answer: All of the above

The first Law Minister of India was

  1. Ashoke Kumar Sen

  2. Dr. B. R. Ambedkar

  3. Shanti Bhushan

  4. Chaudhary Nitiraj Singh


Correct Option: B
Explanation:

Correct Answer: Dr. B. R. Ambedkar

A puts his hand in the pocket of B for stealing money, but his pocket was empty. A is

  1. guilty of theft

  2. not guilty of theft

  3. guilty of attempt to commit theft

  4. guilty of using criminal force


Correct Option: C
Explanation:

An attempted crime is the one that wasn’t finished or which failed to achieve completion. Thus, as A did not succeed in completing the crime, so A will be guilty of attempt to commit theft.

If A, for the purpose of inducing B to desist from prosecuting a civil suit, threatens to burn B's house, what offence has A committed?

  1. Attempt to murder

  2. Criminal intimidation

  3. Criminal breach of trust

  4. Extortion


Correct Option: B
Explanation:

The offence of criminal intimidation involves threats of injury to the person, property or reputation of the person or threats of injury to a third person, (e.g. a family member) their property or reputation. Thus, burning someone's house will be considered under criminal intimidation.

Which of the following is not essential for an offence?

  1. Intention

  2. Motive

  3. Prohibited act

  4. Punishment for act


Correct Option: B
Explanation:

Correct Answer: Motive Motive is the term used to explain why a person committed a crime. It isn’t the same as intent which relates to whether an action was accidental or intentional. Intent is an element of just about every crime, meaning that the prosecution must establish that the defendant intended to commit the criminal act. (Sometimes it’s enough to prove that the defendant didn’t act intentionally, but was reckless or criminally negligent.) But motive usually isn’t a criminal element and the prosecution doesn’t have to prove that the defendant had it. Instead, prosecutors try to establish motive in order to convince the jury that the defendant is guilty. Motive is a thing primarily known to the accused himself and it may not be possible for the prosecution in each and every case to find out the real motive behind the crime.

Who can discharge the functions of the President in the absence of both the President and the Vice-President?

  1. The Prime Minister

  2. The Chief Justice

  3. The Chief of Army

  4. The Speaker of the Lok Sabha


Correct Option: B
Explanation:

In such an eventuality, the Chief Justice, or in his absence, the senior most Judge of the Supreme Court of India discharges the functions of the President until a newly elected President enters upon the office or a newly elected Vice-President begins to act as the President under Article 65 of the Constitution.

What punishment may be awarded to the person whose act is covered under general exceptions?

  1. No punishment

  2. Half of the punishment prescribed for that offence

  3. One-fourth of the punishment prescribed for the offence

  4. Depends upon the discretion of court


Correct Option: A
Explanation:

Correct Answer: No punishment Nothing is an offence which is done by a person who is or who by reason of a mistake of fact, and not by reason of a mistake of law, in good faith believes himself to be bound by law to do it.

Exercise of criminal jurisdiction depends upon the

  1. place of the offence

  2. nationality of the offender

  3. domicile of the offender

  4. None of these


Correct Option: A
Explanation:

Exercise of criminal jurisdiction depends on the locality of the offence, and not on the locality of the offender. Thus, option 1 is the correct answer.

Which of the following are not included within the meaning of intellectual property?

  1. Patents

  2. Trademarks

  3. Property laws

  4. Copyrights


Correct Option: C
Explanation:

The intellectual property is classified into seven categories as follows:  (1) Patents (2) Industrial designs (3) Trademarks (4) Copyrights (5) Geographical indications (6) Layout designs of integrated circuits (7) Protection of undisclosed information/trade

Thus, option (3) is not included in that.

Who among the following can take the plea of ignorance of Indian law?

  1. Indian citizens

  2. Foreigners

  3. Indian citizens abroad

  4. None of these


Correct Option: D
Explanation:

Correct Answer: None of these You are not permitted to plead ignorance as a defence to escape the rigors of law. If it was so, it would be very easy for any person to put forward ignorance as a defence, though he was aware of the law and its consequences.

Since the commencement of the Indian Constitution on 26th January, 1950, how many persons have occupied the August office of the President of India?

  1. 9

  2. 10

  3. 11

  4. 12


Correct Option: A
Explanation:

Correct Answer: 9

The minimum age for marriage is _______ for boys and ______ for girls.

  1. 18 and 18

  2. 25 and 21

  3. 18 and 21

  4. 21 and 18


Correct Option: D
Explanation:

Correct Answer: 21 and 18

To betray the nation is an offence and punishable by death. This is

  1. treason

  2. treachery

  3. anti-nationality

  4. sedition


Correct Option: A
Explanation:

In law, treason is the crime that covers some of the more extreme acts against one's nation or sovereign.

Which of the following is a non-metal that remains liquid at room temperature?

  1. Iodine

  2. Bromine

  3. Phosphorus

  4. Hydrogen


Correct Option: B
Explanation:

Correct Answer: Bromine Elemental bromine is a fuming red-brown liquid at room temperature, corrosive and toxic, with properties between those of chlorine and iodine.

Rights and duties are

  1. separated

  2. co-related

  3. co-ordinated

  4. None of the above


Correct Option: B
Explanation:

Any act itself, that ought to be done or omitted, is a concrete duty. Every duty then supposes a corresponding right and every right a duty. Right and duty are correlative and inseparable.

The Indian Independence Act, 1947 came into effect on

  1. 14th August, 1947

  2. 18th July, 1947

  3. 26th January, 1947

  4. None of these


Correct Option: B
Explanation:

Correct Answer: 18th July, 1947

Hitler’s party, which came into power in 1933, was known as

  1. the Nazi Party

  2. Congress party

  3. Conservative Party

  4. Labour Party


Correct Option: A
Explanation:

Correct Answer: the Nazi Party

Psychiatry is related to

  1. the study of human evolution

  2. diagnosis and treatment of mental disorders

  3. the study of human languages

  4. the study of human mind


Correct Option: B
Explanation:

Correct Answer: diagnosis and treatment of mental disorders

According to the Indian Constitution, treaty-making power is conferred upon

  1. the Prime Minister

  2. the Foreign Minster

  3. the Parliament

  4. None of these


Correct Option: C
Explanation:

Correct Answer: The Parliament Article 253 occurs in Part XI which deals with relations between the Union and the States. It provides that "notwithstanding anything in the foregoing provisions of the said Chapter, the 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".

The President's rule under Article 356 remains valid in a State for the maximum period of

  1. two months

  2. five months

  3. six months

  4. one year


Correct Option: C
Explanation:

Correct Answer: six months In practice, the President's rule has been imposed under different circumstances such as: A) Failure of State Legislature to elect a leader as Chief Minister B) Breakdown of a coalition C) Loss of majority in the assembly D) Elections postponed for unavoidable reasons

If approved by both the houses, the President's rule can continue for 6 months. It can be extended for a maximum 3 years with the approval of the Parliament after every 6 months.

The powers of the President of India are

  1. beyond the Constitution

  2. in accordance with the Constitution

  3. in accordance with the Parliament

  4. in accordance with the Supreme Court


Correct Option: B
Explanation:

Correct Answer: in accordance with the Constitution

Central Board of Direct Taxes works under the

  1. Home Ministry

  2. Finance Ministry

  3. Ministry of Rural Development

  4. Ministry of Information and Broadcasting


Correct Option: B
Explanation:

Correct Answer: Finance Ministry

Surcharge is payable by an individual where the total income exceeds

  1. Rs. 10,00,000

  2. Rs. 50,00,000

  3. Rs. 10,000,000

  4. None of these


Correct Option: C
Explanation:

Surcharge is payable by an individual where the total income exceeds Rs. 10,000,000.

Which of the following do(es) not cause global warming?

  1. Halogens

  2. Chlorofluorocarbons

  3. Sulphur dioxide

  4. Methane

  5. All of the above


Correct Option: C
Explanation:

Sulphur dioxide is not involved in global warming.

The Vice-President of India is elected

  1. by an electoral college consisting of all the members of the Rajya Sabha

  2. by an electoral college consisting of all the members of the Lok Sabha

  3. by an electoral college consisting of all the members of both the Houses of the Parliament

  4. by an electoral college consisting of the members of the Lok Sabha and the Rajya Sabha (both elected and nominated members)


Correct Option: D
Explanation:

Correct Answer: by an electoral college of all the members of both the Houses of Parliament in accordance with proportional representation by means of single transferable vote and by secret ballot

Finance Bill becomes Finance Act when it is passed by

  1. the Lok Sabha

  2. both the Lok Sabha and the Rajya Sabha

  3. both the Houses of the Parliament and given assent to by the President

  4. both the Houses of the Parliament and given assent to by the Prime Minister/Finance Minister


Correct Option: C
Explanation:

Correct Answer: both the Houses of the Parliament and given assent to by the President

According to the Indian Constitution, the money bills can be introduced in

  1. the meeting of the Council of Ministers

  2. the joint sessions of the Rajya Sabha and the Lok Sabha only

  3. the Lok Sabha only

  4. the Rajya Sabha only


Correct Option: C
Explanation:

A money bill can be introduced in the Lok Sabha only. If any question arises whether a bill is a money bill or not, the decision of the Speaker thereon is final. The Speaker is under no obligation to consult anyone in coming to a decision or in giving his certificate that a bill is a money bill. 

Minto-Morley reforms are associated with the

  1. Indian Councils Act, 1912

  2. Indian Councils Act, 1856

  3. Indian Councils Act, 1909

  4. Indian Councils Act, 1908


Correct Option: C
Explanation:

The Indian Councils Act, 1909 (Morley-Minto reforms) was passed by the British Parliament in 1909 in an attempt to widen the scope of legislative councils.

Which of the following is not a salient feature of the Indian Constitution?

  1. Presidential type of government

  2. Lengthiest constitutional document in the world

  3. Provision for directive principles of the state policy

  4. Universal adult franchise


Correct Option: A
Explanation:

The salient feature of the Indian Constitution includes all the given options, except (1). Presidential type of government is not the salient feature of the Indian constitution. India follows Parliamentary type of government. USA follows a Presidential type of government. 

The Constitution of India is divided into

  1. 20 parts

  2. 22 parts

  3. 24 parts

  4. 21 parts


Correct Option: B
Explanation:

The Constitution of India is the supreme law of India. It lays down the framework defining fundamental political principles, establishes the structure, procedures, powers and duties of government institutions. The Constitution of India is divided into 22 parts. 

What is the other name of the Upper House of the Indian Parliament?

  1. The Lok Sabha

  2. The House of the People

  3. The Rajya Sabha

  4. None of these


Correct Option: C
Explanation:

The name of the Parliament of India is SANSAD. There are two houses of the Parliment - the Rajya Sabha (the Council of States) and the Lok Sabha (the House of the People). 

How many sessions did the Constituent Assembly hold?

  1. Eleven sessions

  2. Twenty-five sessions

  3. Twenty-eight sessions

  4. Twenty sessions


Correct Option: A
Explanation:

The Constituent Assembly of India was elected to write the Constitution of India. Following India's independence from the Great Britain, its members served as the nation's first Parliament. The Constituent Assembly held eleven sessions. 

The Constituent Assembly adopted the National Flag on

  1. 22nd January, 1947

  2. 22nd August, 1947

  3. 22nd October, 1947

  4. 22nd July, 1947


Correct Option: D
Explanation:

The Constituent Assembly of India was elected to write the Constitution of India. Following India's independence from the Great Britain, its members served as the nation's first Parliament. The National Flag of India was adopted in its present form during the meeting of the Constituent Assembly held on 22nd July, 1947, a few days before India's independence from the British on 15th August, 1947. 

The original Constitution of India contained

  1. 397 Articles and 9 Schedules

  2. 395 Articles and 8 Schedules

  3. 396 Articles and 7 Schedules

  4. 395 Articles and 4 Schedules


Correct Option: B
Explanation:

The Constitution of India is the supreme law of India. It lays down the framework defining the fundamental political principles, establishes the structure, procedures, powers and duties of government institutions and sets out fundamental rights, directive principles and the duties of citizens. Originally, there were 395 Articles and 8 Schedules, which further increased to 12. 

The 'Objective Resolution' was presented in the Constituent Assembly by

  1. Mahatama Gandhi

  2. Jawaharlal Nehru

  3. Sardar Vallabhbhai Patel

  4. Motilal Nehru


Correct Option: B
Explanation:

The assembly met in its second plenary session from 20-24 January, 1947 and adopted an 'Objective Resolution' moved by Jawaharlal Nehru. The objective of the framers of the constitution was declared to be the creation of Sovereign Democratic Republic for India. 

Who was the Chairman of the first Rajya Sabha?

  1. A. K. Gopalan

  2. N.C. Chatterjee

  3. Mahavir Tyagi

  4. Dr. S. Radhakrishnan


Correct Option: D
Explanation:

Dr. S. Radhakrishnan was the Chairman of the first Rajya Sabha. He was the only Chairman to have two terms (13.5.1952-12.5.1962). 

One-third of the members of the Rajya Sabha retire after every

  1. 2 years

  2. 3 years

  3. 5 years

  4. 6 years


Correct Option: A
Explanation:

In India, the Rajya Sabha is called the Upper House which has 250 members. Members sit for staggered six-years term, with one-third of the members retiring every two years.

Who nominates 12 members in the Council of States?

  1. The President of India

  2. The Chairman of the Rajya Sabha

  3. The Prime Minister of India

  4. The Speaker of the Lok Sabha


Correct Option: A
Explanation:

The Rajya Sabha has at most 250 members, of which 238 are elected indirectly by the legislatures of each state and union territory. Seats are allotted in proportion to the population of each state or union territory. The other 12 members are nominated by the President of India.

“The basic features of the Indian Constitution do not amount to a change.” This was said by

  1. the Prime Minister

  2. the Government

  3. the Parliament

  4. the Supreme Court of India


Correct Option: D
Explanation:

All the principles of the constitution once formed cannot be amended by any authority. So, the basic features of the Indian Constitution do not amount to a change was said by the Supreme Court of India.

Which of the following judgements is/are historical in respect of amendment to Article 368 of the Constitution?

  1. Kesavananda vs. State of Kerala and Minerva Mill vs. Union of India

  2. Shankari Prasad vs. Union of India

  3. Golak Nath vs. State of Punjab

  4. All of the above


Correct Option: D
Explanation:

Article 368 of the Constitution governs constitutional amendments. The provisions were inserted by the Forty-second Amendment Act, but have been declared invalid by the Supreme Court in the Minerva Mills case. All the given options are the judgements which are historical in respect of amendment to Article 368 of the Constitution.

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