0

Bare Act Test - 3

Description: Bare Act Test-3
Number of Questions: 20
Created by:
Tags: Bare Act Test-3 Bare Acts
Attempted 0/20 Correct 0 Score 0

Classification of offences is given in the Code of Criminal Procedure under

  1. Section 320

  2. Schedule I

  3. Schedule II

  4. Section 482


Correct Option: B
Explanation:

Option (1) is incorrect: Section 320 of the Code of Criminal Procedure provides provisions for compounding of offences. Option (2) is correct: Schedule I of the Code of Criminal Procedure provides provisions for classification of offences. Option (3) is incorrect: Schedule II of the Code of Criminal Procedure provides provisions for forms. Option (4) is incorrect: Section 482 of the Code of Criminal Procedure provides inherent powers of court.

Under which section of the CrPC can a police officer arrest a person without an order from a magistrate and without warrant?

  1. Section 42

  2. Section 40

  3. Section 51

  4. Section 41


Correct Option: D
Explanation:

Option (1) is incorrect: Section 42 of the CrPC provides provisions for arrest on refusal to give name and residence. Option (2) is incorrect: Section 40 of the CrPC states duty of officers employed in connection with the affairs of a village to make certain report. Option (3) is incorrect: Section 51 of the CrPC provides provision for search of arrested persons. Option (4) is correct: Under Section 41 of the CrPC, a police officer can arrest a person without an order from a magistrate and without warrant.

Which of the following sections of the Motor Vehicles Act, 1988 provides for special provisions as to payment of compensation on structured formula basis?

  1. Section 161

  2. Section 163

  3. Section 163A

  4. Section 170


Correct Option: C
Explanation:

Option (1) is incorrect: Section 161 of the Motor Vehicles Act, 1988 provides special provisions as to compensation in case of hit and run motor accident. Option (2) is incorrect: Section 163 of the Motor Vehicles Act, 1988 provides scheme for payment of compensation in case of hit and run motor accident. Option (3) is correct: Section 163A of the Motor Vehicles Act, 1988 provides special provisions as to payment of compensation on structured formula basis. Option (4) is incorrect: Section 170 of the Motor Vehicles Act, 1988 provides for impleading insurer in certain cases.

Alibi is governed by

  1. Section 6 of the Indian Evidence Act

  2. Section 8 of the Indian Evidence Act

  3. Section 12 of the Indian Evidence Act

  4. Section 11 of the Indian Evidence Act


Correct Option: D
Explanation:

Option (1) is incorrect: Section 6 of the Indian Evidence Act talks about relevancy of facts forming part of same transaction. Option (2) is incorrect: Section 8 of the Indian Evidence Act talks about motive, preparation and previous or subsequent conduct. Option (3) is incorrect: Section 12 of the Indian Evidence Act states that in suits for damages, facts tending to enable court to determine the amount are relevant. Option (4) is correct: Alibi is governed by Section 11 of the Indian Evidence Act which provides for when facts not otherwise relevant become relevant.

A case can be committed to the Court of Sessions by a magistrate under

  1. Section 209 of the CrPC

  2. Section 323 of the CrPC

  3. Section 324 of the CrPC

  4. Both (1) and (2)


Correct Option: D
Explanation:

Option (1) is incorrect: A case can be committed to the Court of Sessions by a magistrate under Section 209 and 323 of the CrPC. Option (2) is incorrect: A case can be committed to the Court of Sessions by a magistrate under Section 209 and 323 of the CrPC.  Option (3) is incorrect: Section 324 of the CrPC talks about trial of persons previously convicted of offences against coinage, stamp-law or property. Option (4) is correct: Section 209 provides commitment of case to the Court of Sessions when offence is triable exclusively by it. Section 323 of the CrPC provides procedure when, after commencement of inquiry or trial, magistrate finds case should be committed to the Court of Sessions.  

The right of things done in private defence is contained in

  1. Section 94 of the IPC

  2. Section 95 of the IPC

  3. Section 96 of the IPC

  4. Section 98 of the IPC


Correct Option: C
Explanation:

Option (1) is incorrect: Section 94 of the IPC talks about act to which a person is compelled by threats. Option (2) is incorrect: Section 95 of the IPC talks about act causing slight harm. Option (3) is correct: Section 96 of the IPC talks about things done in private defence. Option (4) is incorrect: Section 98 of the IPC talks about right of private defence against the act of a person of unsound mind, etc.  

The words ‘socialist secular’ and ‘unity and integrity of the Nation’ were added in the preamble to the Constitution of India in the

  1. 42nd Amendment

  2. 44th Amendment

  3. 46th Amendment

  4. None of these


Correct Option: A
Explanation:

Option (1) is correct: The words ‘socialist secular’ and ‘unity and integrity of the Nation’ were added to the Preamble to the Constitution of India in the 42nd Amendment. Option (2) is correct: No such provision. Option (3) is correct: No such provision.

Disposal of property at the conclusion of trial is governed by

  1. Section 452 of the CrPC

  2. Section 453 of the CrPC

  3. Section 454 of the CrPC

  4. Section 455 of the CrPC


Correct Option: A
Explanation:

Option (1) is correct: Order for disposal of property at the conclusion of trial is made under Section 452 of the CrPC. Option (2) is incorrect: Section 453 of the CrPC provides provisions for payment to innocent purchaser of money found on accused. Option (3) is incorrect: Section 454 of the CrPC provides provision of appeal against orders under Section 452 or Section 453. Option (4) is incorrect: Section 455 of the CrPC provides provisions for destruction of libelous and other matter.  

Part III of the Specific Relief Act, 1963 deals with

  1. specific relief

  2. declaratory decrees

  3. preventive relief

  4. None of these


Correct Option: C
Explanation:

Option (1) is incorrect: Part II of the Specific Relief Act, 1963 deals with specific relief. Option (2) is incorrect: Part II, Chapter VI of the Specific Relief Act, 1963 deals with declaratory decrees. Option (3) is correct: Part III of the Specific Relief Act, 1963 deals with preventive relief.

Within the meaning of Section 4 of the Transfer of Property Act, 1882, the provisions of Section 54, paragraphs 2 and 3, and Sections 59, 107 and 123 shall be read as supplemental to the

  1. Indian Contract Act, 1872

  2. Indian Registration Act, 1908

  3. General Clauses Act, 1897

  4. Sale of Goods Act, 1930


Correct Option: B
Explanation:

Option (1) is incorrect: No such provision. Option (2) is correct: Under Section 4 of the Transfer of Property Act, 1882, the provisions of Section 54, paragraphs 2 and 3, and Sections 59, 107 and 123 shall be read as supplemental to the Indian Registration Act, 1908. Option (3) is incorrect: No such provision. Option (4) is incorrect: No such provision.

Adjournment can be granted under

  1. Order XVII, Rule 3 of the CPC

  2. Order XVII, Rule 2 of the CPC

  3. Order XVII, Rule 1 of the CPC

  4. None of these


Correct Option: C
Explanation:

Option (1) is incorrect: Under Order XVII, Rule 3 of the CPC states that the court may proceed notwithstanding either party fails to produce evidence, etc. Option (2) is incorrect: Order XVII, Rule 2 of the CPC provides procedure if parties fail to appear on day fixed. Option (3) is correct: Court may grant time and adjourn the hearing under Order XVII, Rule 1 of the CPC.

Section 377 of the IPC provides for

  1. robbery

  2. public nuisance

  3. theft

  4. unnatural offences


Correct Option: D
Explanation:

Option (1) is incorrect: Section 390 of the IPC provides for robbery. Option (2) is incorrect: Section 268 of the IPC provides for public nuisance. Option (3) is incorrect: Section 378 of the IPC provides for theft. Option (4) is correct: Section 377 of the IPC provides for unnatural offences.  

Which of the following sections of the CrPC deals with the provisions for proclamation for person absconding?

  1. Section 81

  2. Section 83

  3. Section 82

  4. Section 84


Correct Option: C
Explanation:

Option (1) is incorrect: Section 81 of the CrPC deals with procedure by magistrate before whom such person arrested is brought. Option (2) is incorrect: Section 83 of the CrPC deals with attachment of property of person absconding. Option (3) is correct: Section 82 of the CrPC deals with the provisions for proclamation for person absconding. Option (4) is incorrect: Section 84 of the CrPC deals with claims and objections to attachment.

Section 62 of the Indian Evidence Act, 1872 deals with

  1. primary evidence

  2. secondary evidence

  3. proof of documents by primary evidence

  4. cases in which secondary evidence relating to documents may be given


Correct Option: A
Explanation:

Option (1) is correct: Section 62 of the Indian Evidence Act, 1872 deals with primary evidence. Option (2) is incorrect: Section 62 of the Indian Evidence Act, 1872 deals with secondary evidence. Option (3) is incorrect: Section 64 of the Indian Evidence Act, 1872 deals with proof of documents by primary evidence. Option (4) is incorrect: Section 65 of the Indian Evidence Act, 1872 deals with cases in which secondary evidence relating to documents may be given.

Which of the following sections was incorporated into the IPC by the Criminal Law (Amendment) Act, 2005?

  1. Section 498A

  2. Section 153AA

  3. Section 229A

  4. Section 195A


Correct Option: D
Explanation:

Option (1) is incorrect: Not inserted by the Criminal Law (Amendment) Act, 2005. Option (2) is incorrect: Not inserted by the Criminal Law (Amendment) Act, 2005. Option (3) is incorrect: Not inserted by the Criminal Law (Amendment) Act, 2005. Option (4) is correct: Inserted by the Criminal Law (Amendment) Act, 2005 under the heading 'threatening or inducing any person to give false evidence'.  

Which of the following sections deals with the doctrine of election?

  1. Section 45

  2. Section 15

  3. Section 53A

  4. Section 35


Correct Option: D
Explanation:

Option (1) is incorrect: Section 45 of the Transfer of Property Act, 1882 provides joint transfer for consideration. Option (2) is incorrect: Section 15 of the Transfer of Property Act, 1882 provides transfer to a class, some of whom come under Sections 13 and 14. Option (3) is incorrect: Section 53A of the Transfer of Property Act, 1882 deals with part performance. Option (4) is correct: Section 35 of the Transfer of Property Act, 1882 deals with the doctrine of election.

Pecuniary jurisdiction of the court has been dealt with in

  1. Section 2 of the CPC

  2. Section 6 of the CPC

  3. Section 9 of the CPC

  4. Section 15 of the CPC


Correct Option: B
Explanation:

Option (1) is incorrect: Section 2 of the CPC deals with definition clause. Option (2) is correct: Pecuniary jurisdiction of the court has been dealt with in Section 6 of the CPC. Option (3) is incorrect: Section 9 of the CPC provides for courts to try all civil suits unless barred. Option (4) is incorrect: Section 15 of the CPC provides for courts in which suits to be instituted.  

Examination of witnesses, in the absence of the accused, can be done under

  1. Section 299 of the CrPC

  2. Section 321 of the CrPC

  3. Section 224 of the CrPC

  4. Section 301 of the CrPC


Correct Option: A
Explanation:

Option (1) is correct: Section 299 of the CrPC provides for record of evidence in absence of the accused. Option (2) is incorrect: Section 321 of the CrPC provides provisions of withdrawal from prosecution. Option (3) is incorrect: Section 224 of the CrPC provides provisions of withdrawal of remaining charges on conviction on one of several charges. Option (4) is incorrect: Section 301 of the CrPC states appearance by public prosecutors.  

Presumption as to dowry death is contained in

  1. Section 111A of the Indian Evidence Act

  2. Section 113A of the Indian Evidence Act

  3. Section 113B of the Indian Evidence Act

  4. Section 113 of the Indian Evidence Act


Correct Option: C
Explanation:

Option (1) is incorrect: Presumption as to certain offences is contained in Section 111A of the Indian Evidence Act. Option (2) is incorrect: Presumption as to abetment of suicide by a married woman is contained in Section 113A of the Indian Evidence Act. Option (3) is correct: Presumption as to dowry death is contained in Section 113B of the Indian Evidence Act. Option (4) is incorrect: Section 113 of the Indian Evidence Act deals with proof of cession of territory. 

Constructive res judicata is contained in

  1. Explanation III to Section 11

  2. Explanation IV to Section 11

  3. Explanation VI to Section 11

  4. None of these


Correct Option: B
Explanation:

Option (1) is incorrect: Explanation III to Section 11 states that the matter above referred to must in the former suit have been alleged by one party and either denied or admitted, expressly or impliedly, by the other. Option (2) is correct: Explanation IV to Section 11 talks about constructive res judicata. Option (3) is incorrect: Explanation VI to Section 11 talks about representative persons.

- Hide questions