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Bare Act Test - 4

Description: Bare Act Test-4
Number of Questions: 20
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Tags: Bare Act Test-4 Bare Acts
Attempted 0/20 Correct 0 Score 0

Under which provision of the Indian Evidence Act shall the court presume dowry death?

  1. Section 113A

  2. Section 114A

  3. Section 113B

  4. Section 114


Correct Option: C
Explanation:

Option (1) is incorrect: Section 113A of the Indian Evidence Act deals with presumption as to abetment of suicide by a married woman. Option (2) is incorrect: Section 114A of the Indian Evidence Act deals with presumption as to absence of consent in certain prosecutions for rape.

Option (3) is correct: Section 113B of the Indian Evidence Act deals with presumption of dowry death. Option (4) is incorrect: Section 114 of the Indian Evidence Act states that the court may presume existence of certain facts.
 

Under which provision can a witness refresh his memory?

  1. Section 145 of the Indian Evidence Act

  2. Section 159 of the Indian Evidence Act

  3. Section 165 of the Indian Evidence Act

  4. Section 157 of the Indian Evidence Act


Correct Option: B
Explanation:

Option (1) is incorrect: Section 145 of the Indian Evidence Act deals with cross-examination as to previous statements in writing. Option (2) is incorrect: Section 159 of the Indian Evidence Act states provisions for refreshing memory. Option (3) is correct: Section 165 of the Indian Evidence Act provides judge’s power to put questions or order production. Option (4) is incorrect: Section 157 of the Indian Evidence Act states that the former statements of witness may be proved to corroborate later testimony as to same fact. 

All of the following are 'public officers' within the meaning of Section 2(17) of the CPC, except

  1. a judge

  2. a person in service under the pay of government

  3. the Sarpanch of a gram panchayat

  4. All of the above


Correct Option: C
Explanation:

Option (1) is incorrect: A judge is a public officer under Section 2(17) of the CPC. Option (2) is incorrect: A person in service under the pay of government is a public officer under Section 2(17) of the CPC. Option (3) is correct: The Sarpanch of a gram panchayat is not a public officer under Section 2(17) of the CPC. Option (4) is incorrect. 

Goodwill of a partnership business is the property of the partnership under

  1. Section 14

  2. Section 13

  3. Section 12

  4. Section 11


Correct Option: A
Explanation:

Option (1) is correct: Goodwill of a partnership business is the property of the partnership under Section 14. Option (2) is incorrect: Section 13 of the Indian Partnership Act, 1932 deals with mutual rights and liabilities. Option (3) is incorrect: Section 12 of the Indian Partnership Act, 1932 states the conduct of the business. Option (4) is incorrect: Section 11 of the Indian Partnership Act, 1932 provides provisions related to determination of rights and duties of partners by contract between the partners.

Irregularities that do not vitiate trial have been stated in

  1. Section 460 of the CrPC

  2. Section 461 of the CrPC

  3. Section 462 of the CrPC

  4. Section 466 of the CrPC


Correct Option: A
Explanation:

Option (1) is correct: Section 460 of the Code of Criminal Procedure provides for irregularities which do not vitiate proceedings. Option (2) is incorrect: Section 461 of the Code of Criminal Procedure provides for irregularities which vitiate proceedings. Option (3) is incorrect: Section 462 of the Code of Criminal Procedure provides for proceedings in wrong place. Option (4) is incorrect: Section 466 of the Code of Criminal Procedure states provisions for defect or error not to make attachment unlawful. 

Compulsory dissolution of a firm has been provided under

  1. Section 39 of the Indian Partnership Act, 1932

  2. Section 41 of the Indian Partnership Act, 1932

  3. Section 40 of the Indian Partnership Act, 1932

  4. Section 44 of the Indian Partnership Act, 1932


Correct Option: B
Explanation:

Option (1) is incorrect: Section 39 of the Indian Partnership Act, 1932 talks about dissolution of a firm. Option (2) is correct: Compulsory dissolution of a firm has been provided under Section 41 of the Indian Partnership Act, 1932. Option (3) is incorrect: Section 40 of the Indian Partnership Act, 1932 talks about dissolution of a firm by agreement. Option (4) is incorrect: Section 44 of the Indian Partnership Act, 1932 states provisions for dissolution of a firm by the court.  

Under Section 167 of the CrPC, the magistrate can authorise detention for a total period of 90 days during investigation, in cases of offences punishable with

  1. death

  2. imprisonment for life

  3. imprisonment for a term not less than 10 years

  4. All of the above


Correct Option: D
Explanation:

Under Section 167 of CrPC, the magistrate can authorise detention for a total period of 90 days during investigation, in cases of offences punishable where the investigation relates to an offence punishable with death, imprisonment for life or imprisonment for a term of not less than 10 years.

How many types of punishments have been prescribed under the Indian Penal Code?

  1. Three

  2. Six

  3. Five

  4. Four


Correct Option: C
Explanation:

Option (1) is incorrect: No such provision under the Indian Penal Code. Option (2) is incorrect: No such provision under the Indian Penal Code. Option (3) is correct: Section 53 of Indian Penal Code provides five types of punishment. Option (4) is incorrect: No such provision under the Indian Penal Code.  

Section 76 and Section 79 of the IPC provide the general exception of

  1. mistake of law

  2. mistake of fact

  3. both mistake of law and mistake of fact

  4. either mistake of law or mistake of fact


Correct Option: B
Explanation:

Option (1) is incorrect: Section 76 and 79 of the IPC provide the general exception of mistake of fact, not mistake of law. Option (2) is correct: Section 76 and 79 of the IPC provide the general exception of mistake of fact. Option (3) is incorrect: Section 76 and 79 of the IPC provide the general exception of mistake of fact, not mistake of law. Option (4) is incorrect: Section 76 and 79 of the IPC provide the general exception of mistake of fact, not mistake of law.

A hangman who hangs the prisoners pursuant to the order of the court is exempt from criminal liability by virtue of

  1. Section 76 of the IPC

  2. Section 78 of the IPC

  3. Section 77 of the IPC

  4. Section 80 of the IPC


Correct Option: B
Explanation:

Option (1) is incorrect: Section 76 of the IPC provides for acts done by a person bound, or by mistake of fact believing himself bound, by law. Option (2) is correct: Section 78 of the IPC provides for act done pursuant to the judgment or order of the court. Option (3) is incorrect: Section 77 of the IPC provides for act of judge when acting judicially. Option (4) is incorrect: Section 80 of the IPC provides for accident in doing a lawful act.  

Section 511 of the IPC does not apply in the case of attempt of

  1. riot

  2. murder

  3. theft

  4. affray


Correct Option: B
Explanation:

Option (1) is incorrect: Section 511 deals with the provisions for attempt of those offences of which no specific provisions has been laid down in the IPC. So, attempt to riot falls under Section 511. Option (2) is correct: Section 511 of the IPC does not apply in the case of attempt to murder.  Option (3) is incorrect: Section 511 of the IPC deals with the provisions for attempt of those offences of which no specific provisions has been laid down in the IPC. So, attempt to theft falls under Section 511. Option (4) is incorrect: Section 511 of the IPC deals with the provisions for attempt of those offences of which no specific provisions has been laid down in the IPC. So, attempt to affray falls under Section 511. 

A confession made by a person while in police custody is inadmissible under

  1. Section 29 of the Indian Evidence Act

  2. Section 26 of the Indian Evidence Act

  3. Section 25 of the Indian Evidence Act

  4. Section 27 of the Indian Evidence Act


Correct Option: B
Explanation:

Option (1) is incorrect: Section 29 of the Indian Evidence Act provides for confession otherwise relevant not to become irrelevant because of promise of secrecy, etc. Option (2) is correct: Section 26 of the Indian Evidence Act states no confession made by any person whilst he is in the custody of a police officer, unless it be made in the immediate presence of a magistrate, shall be proved as against such person. Option (3) is incorrect: Section 25 of the Indian Evidence Act provides confession to police officer not to be proved as against a person accused of any offence. Option (4) is incorrect: Section 27 of the Indian Evidence Act states about how much of information received from accused may be proved.

 
 

 

As per Section 2(12) of the CPC, ‘mesne profits’ of property are profits received by a person in

  1. unlawful possession of the property

  2. wrongful possession of the property

  3. lawful possession of the property

  4. effective possession of the property


Correct Option: B
Explanation:

Option (1) is incorrect: Person in wrongful possession of such property. Option (2) is correct: As per Section 2(12) of the CPC, 'mesne profits' of property means are those profits received by a person in wrongful possession of such property. Option (3) is incorrect: Person in wrongful possession of such property. Option (4) is incorrect: Person in wrongful possession of such property.

Section 34 of the IPC

  1. creates a substantive offence

  2. is a rule of evidence

  3. Both (1) and (2)

  4. Neither (1) nor (2)


Correct Option: B
Explanation:

Option (1) is incorrect: Section 34 of the IPC doesn’t create a substantive offence. Option (2) is correct: Section 34 of the IPC is a rule of evidence. It is read along with alleged Sections. Option (3) is incorrect: Only option (2) is the correct answer. Option (4) is incorrect: Only option (2) is the correct answer. 

Under Section 32 of the CPC, the maximum fine which can be imposed by a court for compelling the attendance of any person to whom a summons has been issued under Section 30 is

  1. Rs. 2000

  2. Rs. 3000

  3. Rs. 1000

  4. Rs. 5000


Correct Option: D
Explanation:

Option (1) is incorrect: No such provision of Rs. 2000 Option (2) is incorrect: No such provision of Rs. 3000 Option (3) is incorrect: No such provision of Rs. 1000 Option (4) is correct: Under Section 32 of the CPC, the maximum fine which can be imposed by the court for compelling the attendance of any person to whom a summons has been issued under Section 30 is Rs. 5000.

A defendant under Order V, Rule 1(1) of the CPC is required to appear, answer the claim and to file the written statement within

  1. 90 days from the date of service of summons

  2. 60 days from the date of service of summons

  3. 30 days from the date of service of summons

  4. 15 days from the date of service of summons


Correct Option: C
Explanation:

Option (1) is incorrect: No such provision under the CPC. Option (2) is incorrect: No such provision under the CPC. Option (3) is correct: Under Order V, Rule 1(1) of CPC, when a suit has been duly instituted, summons may be issued to the defendant to appear, answer the claim and to file the written statement of his defense, if any, within thirty day from the date of service of summons on that defendant. Option (4) is incorrect: No such provision under the CPC.

Chapter XXIA of the CrPC was incorporated in the year

  1. 2005

  2. 2006

  3. 2004

  4. 2003


Correct Option: A
Explanation:

Option (1) is correct: Chapter XXIA of the CrPC was incorporated in the year 2005. Option (2) is incorrect: No such amendment was made in 2006. Option (3) is incorrect: No such amendment was made in 2004. Option (4) is incorrect: No such amendment was made in 2003.

Under Section 89 of the CPC, the court cannot make a reference for

  1. arbitration

  2. conciliation

  3. negotiation

  4. mediation


Correct Option: C
Explanation:

Option (1) is incorrect: Under Section 89 of the CPC, the court can make a reference for arbitration, conciliation and mediation. Option (2) is incorrect: Under Section 89 of the CPC, the court can make a reference for arbitration, conciliation and mediation. Option (3) is correct: Under Section 89 of the CPC, the court cannot make a reference for negotiation. Option (4) is incorrect: Under Section 89 of the CPC, the court can make a reference for arbitration, conciliation and mediation.

If a child is born within _____ days after the dissolution of a valid marriage, it is a conclusive proof of the legitimacy of the child.

  1. 270

  2. 275

  3. 280

  4. 285


Correct Option: C
Explanation:

Option (1) is incorrect: No such provision of 270 days is there under Section 112 of the Indian Evidence Act, 1872. Option (2) is incorrect: No such provision of 275 days is there under Section 112 of the Indian Evidence Act, 1872. Option (3) is correct: Under Section 112 of the Indian Evidence Act, 1872, if a child is born within 280 days after the dissolution of a valid marriage, it is a conclusive proof of the legitimacy of the child. Option (4) is incorrect: No such provision of 285 days is there under Section 112 of the Indian Evidence Act, 1872. 

Which of the following sections of the Indian Contract Act provides that the responsibility of finder of goods is similar to that of a bailee?

  1. Section 69

  2. Section 70

  3. Section 71

  4. Section 72


Correct Option: C
Explanation:

Option (1) is incorrect: Section 69 of the Indian Contract Act deals with reimbursement of person paying money due by another, in payment of which he is interested. Option (2) is incorrect: Section 70 of the Indian Contract Act deals with obligation of person enjoying benefit of non-gratuitous act. Option (3) is correct: Under Section 71 of Indian Contract Act, a person who finds goods belonging to another and takes them into his custody, is subject to the same responsibility as a bailee. Option (4) is incorrect: Section 72 of the Indian Contract Act deals with liability of person to whom money is paid, or thing delivered, by mistake or under coercion.  

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