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Bare Act Test - 2

Description: Bare Act Test-2
Number of Questions: 20
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Tags: Bare Act Test-2 Bare Acts
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Which of the following sections deals with dowry death?

  1. Section 304A of the IPC

  2. Section 498A of the IPC

  3. Section 489A of the lPC

  4. Section 304B of the lPC


Correct Option: D
Explanation:

Option (1) is incorrect: Section 304A of the IPC deals with causing death by negligence. Option (2) is incorrect: Section 498A of the IPC deals with husband or relative of husband of a woman subjecting her to cruelty. Option (3) is incorrect: Section 489A of the IPC deals with counterfeiting banknotes. Option (4) is correct: Section 304B of the IPC deals with dowry death.

Article 39A of the Constitution of India deals with

  1. free legal aid

  2. free and compulsory education

  3. free housing to the poor

  4. free medical aid to the citizens


Correct Option: A
Explanation:

Option (1) is correct: Article 39A of the Constitution of India deals with equal justice and free legal aid. Option (2) is incorrect: Article 45 of the Constitution of India deals with provisions for free and compulsory education for children. Option (3) is incorrect: No such provision. Option (4) is incorrect: No such provision.

Power to search a place is provided under

  1. Section 45 of the Code of Criminal Procedure

  2. Section 46 of the Code of Criminal Procedure

  3. Section 47 of the Code of Criminal Procedure

  4. Section 48 of the Code of Criminal Procedure


Correct Option: C
Explanation:

Option (1) is incorrect: Section 45 of the Code of Criminal Procedure provides protection to members of the armed forces from arrest. Option (2) is incorrect: Section 46 of the Code of Criminal Procedure provides arrest how made. Option (3) is correct: Section 47 of the Code of Criminal Procedure provides for search of place entered by person sought to be arrested. Option (4) is incorrect: Section 48 of the code of criminal procedure provides pursuit of offenders into other jurisdictions.

A plaint can be rejected under Order VII,

  1. Rule 10 of the CPC

  2. Rule 10A of the CPC

  3. Rule 11 of the CPC

  4. All of the above


Correct Option: C
Explanation:

Option (1) is incorrect: Order VII, Rule 10 of the CPC deals with return of plaint. Option (2) is incorrect: Order VII, Rule 10A of the CPC provides for power of court to fix a date of appearance in the court, where plaint is to be filed after its return. Option (3) is correct: Order VII, Rule 11 the of CPC provides for rejection of plaint. Option (4) is incorrect.  

Section 75 of the Indian Evidence Act, 1872 deals with

  1. public documents

  2. private documents

  3. certified copies of public documents

  4. proof of other official documents


Correct Option: B
Explanation:

Option (1) is incorrect: Section 74 of the Indian Evidence Act, 1872 deals with public documents. Option (2) is correct: Section 75 of the Indian Evidence Act, 1872 deals with private documents. Option (3) is incorrect: Section 76 of the Indian Evidence Act, 1872 deals with certified copies of public documents. Option (4) is incorrect: Section 78 of the Indian Evidence Act, 1872 deals with proof of other official documents.

The term ‘examination-in-chief' has been defined in the Indian Evidence Act, 1872 in

  1. Section 137

  2. Section 138

  3. Section 139

  4. Section 140


Correct Option: A
Explanation:

Option (1) is correct: The term ‘examination-in-chief' has been defined in the Indian Evidence Act, 1872 in Section 137. Option (2) is incorrect: Section 138 of the Indian Evidence Act, 1872 provides order of examinations. Option (3) is incorrect: Section 139 of the Indian Evidence Act, 1872 provides cross-examination of person called to produce a document. Option (4) is incorrect: Section 140 of the Indian Evidence Act, 1872 provides witness to character.

Section 23 of the Indian Evidence Act, 1872 deals with relevance of

  1. admissions in civil cases

  2. oral admissions as to contents of documents

  3. oral admissions as to contents of electronic records

  4. None of these


Correct Option: A
Explanation:

Option (1) is correct: Section 23 of the Indian Evidence Act, 1872 deals with relevance of admissions in civil cases. Option (2) is incorrect: Section 22 of the Indian Evidence Act, 1872 provides for when oral admissions as to contents of documents are relevant. Option (3) is incorrect: Section 22A of the Indian Evidence Act, 1872 provides for when oral admissions as to contents of electronic records are relevant.

Article 21A was added in the Constitution of India by

  1. 86th Constitutional Amendment

  2. 88th Constitutional Amendment

  3. 89th Constitutional Amendment

  4. 90th Constitutional Amendment


Correct Option: A
Explanation:

Option (1) is correct: The Constitutional (86th Amendment) Act, 2002 added Article 21A to the Constitution of India, which makes it mandatory for the state to provide free and compulsory education to all children from the age of 6 to 14 years (fundamental right). Option (2) is incorrect: No such provision. Option (3) is incorrect: No such provision. Option (4) is incorrect: No such provision.  

Chapter V of the Indian Evidence Act, 1872 deals with

  1. oral evidence

  2. documentary evidence

  3. burden of proof

  4. witnesses


Correct Option: B
Explanation:

Option (1) is incorrect: Chapter IV of the Indian Evidence Act, 1872 deals with oral evidence. Option (2) is correct: Chapter V of the Indian Evidence Act, 1872 deals with documentary evidence. Option (3) is incorrect: Chapter VII of the Indian Evidence Act, 1872 deals with burden of proof. Option (4) is incorrect: Chapter IX of the Indian Evidence Act, 1872 deals with witnesses.

Section 11 of the Specific Relief Act, 1930 provides for

  1. specific performance of a part of the contract

  2. defence respecting suits for relief based on contract

  3. specific performance of contracts connected with trusts

  4. circumstances in which specific performance of a contract is enforceable


Correct Option: C
Explanation:

Option (1) is incorrect: Section 12 of the Specific Relief Act, 1930 provides for specific performance of part of contract. Option (2) is incorrect: Section 9 of the Specific Relief Act, 1930 provides for defence respecting suits for relief based on contract. Option (3) is correct: Section 11 of the Specific Relief Act, 1930 provides for cases in which specific performance of contracts connected with trust enforceable. Option (4) is incorrect: Section 10 of the Specific Relief Act, 1930 provides cases in which specific performance of contract enforceable.

The term ‘sale’ in the Transfer of Property Act, 1882 is defined in

  1. Section 53

  2. Section 54

  3. Section 55

  4. Section 56


Correct Option: B
Explanation:

Option (1) is incorrect: Section 53 of the Transfer of Property Act, 1882 deals with fraudulent transfer. Option (2) is correct: The term ‘sale’ in the Transfer of Property Act, 1882 is defined in Section 54. Option (3) is incorrect: Section 55 of the Transfer of Property Act, 1882 provides rights and liabilities of buyer and seller. Option (4) is incorrect: Section 56 of the Transfer of Property Act, 1882 deals with marshalling by subsequent purchaser.

Section 14 of the Transfer of Property Act deals with

  1. conditional transfer

  2. vested interest

  3. rule against perpetuity

  4. None of these


Correct Option: C
Explanation:

Option (1) is incorrect: Section 25 of the Transfer of Property Act deals with conditional transfer. Option (2) is incorrect: Section 19 of the Transfer of Property Act deals with vested interest. Option (3) is correct: Section 14 of the Transfer of Property Act deals with rule against perpetuity. 

A claim for damages in suit for injunction can be laid down under

  1. Section 38 of the Specific Relief Act

  2. Section 39 of the Specific Relief Act

  3. Section 40 of the Specific Relief Act

  4. Section 37 of the Specific Relief Act


Correct Option: C
Explanation:

Option (1) is incorrect: Section 38 of the Specific Relief Act deals with perpetual injunction when granted. Option (2) is incorrect: Section 39 of the Specific Relief Act deals with mandatory injunctions. Option (3) is correct: Section 40 of the Specific Relief Act deals with damages in lieu of or in addition to injunction. Option (4) is incorrect: Section 37 of the Specific Relief Act deals with temporary and perpetual injunctions.

Which of the following orders, under the CPC, provides detailed rules regarding judgments and decree?

  1. Order XIX

  2. Order XX

  3. Order XXI

  4. Order XXIII


Correct Option: B
Explanation:

Option (1) is incorrect: Order XIX of the CPC provides rules regarding affidavits. Option (2) is correct: Order XX of the CPC provides rules regarding judgments and decree. Option (3) is incorrect: Order XXI of the CPC provides rules regarding execution of decrees and orders. Option (4) is incorrect: Order XXIII of the CPC provides rules regarding withdrawal and adjustments of suits.

Which of the following sections makes provision of solitary confinement under the IPC?

  1. Section 71

  2. Section 72

  3. Section 73

  4. Section 74


Correct Option: C
Explanation:

Option (1) is incorrect: Section 71 of the IPC provides limit of punishment of offence made up of several offences. Option (2) is incorrect: Section 72 of the IPC provides punishment of person guilty of one of several offences, the judgment stating that it is doubtful of which. Option (3) is correct: Section 73 of the IPC provides provision of solitary confinement. Option (4) is incorrect: Section 74 of the IPC provides limit of solitary confinement.

The recording of the statements by a police officer during investigation is provided by

  1. Section 161(1) of the Code of Criminal Procedure

  2. Section 161(2) of the Code of Criminal Procedure

  3. Section 161(3) of the Code of Criminal Procedure

  4. Section 162(1) of the Code of Criminal Procedure


Correct Option: C
Explanation:

Option (1) is incorrect: Section 161(1) of the Code of Criminal Procedure provides that any police officer making an investigation may examine orally any person supposed to be acquainted with the facts and circumstances of the case. Option (2) is incorrect: Section 161(2) of the Code of Criminal Procedure provides that the person shall be bound to answer truly all questions relating to such case put to him by the police officer. Option (3) is correct: Section 161(3) of the Code of Criminal Procedure provides that the police officer may reduce into writing any statement made to him in the course of an examination under this section. Option (4) is incorrect: Section 162(1) of Code of Criminal Procedure provides that no statement made by any person to a police officer in the course of an investigation under this chapter shall be signed by the person making it.

The transfer by ostensible owner is provided in

  1. Section 38 of the Transfer of Property Act, 1882

  2. Section 39 of the Transfer of Property Act, 1882

  3. Section 40 of the Transfer of Property Act, 1882

  4. Section 41 of the Transfer of Property Act, 1882


Correct Option: D
Explanation:

Option (1) is incorrect: Section 38 of the Transfer of Property Act, 1882 states provision of transfer by person authorised only under certain circumstances to transfer. Option (2) is incorrect: Section 39 of the Transfer of Property Act, 1882 states provision of transfer, where third person is entitled to maintenance. Option (3) is incorrect: Section 40 of the Transfer of Property Act, 1882 states burden of obligation imposing restriction on use of land. Option (4) is correct: The transfer by ostensible owner is provided under Section 41 of the Transfer of Property Act, 1882.

Which of the following sections does not provide for joinder of charges?

  1. Section 219

  2. Section 220

  3. Section 222

  4. Section 225


Correct Option: D
Explanation:

Option (1) is incorrect: Section 219 of the Code of Criminal Procedure provides for three offences of same kind within a year may be charged together. Option (2) is incorrect: Section 220 of the Code of Criminal Procedure provides for trial for more than one offence. Option (3) is incorrect: Section 222 of the Code of Criminal Procedure provides for when offence proved included in offence charged. Option (4) is correct: Section 225 of the Code of Criminal Procedure provides for trial to be conducted by Public Prosecuter.

Non-cognizable offence has been defined under

  1. Section 2(1) of the Code of Criminal Procedure

  2. Section 2(3) of the Code of Criminal Procedure

  3. Section 2(i) of the Code of Criminal Procedure

  4. Section 2(l) of the Code of Criminal Procedure


Correct Option: D
Explanation:

Option (1) is incorrect: Section 2(1) of the CrPC defines 'bailable offence'.  Option (2) is incorrect: Section 2(3) of the CrPC defines 'cognizable offence'. Option (3) is incorrect: Section 2(i) of the CrPC defines 'judicial proceedings'. Option (4) is correct: It has been defined under Section 2(l) of the Code of Criminal Procedure (CrPC) as 'non-cognizable offence'. It means an offence in which a police officer has no authority to arrest without warrant.  

For an assembly to be unlawful, it must have a common object of the kind specified in

  1. Section 141 of the IPC

  2. Section 140 of the IPC

  3. Section 142 of the IPC

  4. Section 144 of the IPC


Correct Option: A
Explanation:

Option (1) is correct: For an assembly to be unlawful, it must have a common object of the kind specified in Section 141 of the IPC. Option (2) is incorrect: Section 140 of the IPC provides for wearing garb or carrying token used by a soldier, sailor or airman. Option (3) is incorrect: Section 142 of the IPC includes provisions for being a member of unlawful assembly. Option (4) is incorrect: Section 144 of the IPC includes provisions for joining unlawful assembly armed with deadly weapon.

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