MCQ 19 Dec 2023

Daily practice questions for CLAT - (19 December 2023)



Every citizen of India has a fundamental right to freedom guaranteed under Article 21 of the Indian Constitution, which specifically states, “No person shall be deprived of his life or personal liberty except according to procedure established by law.” Any individual, who violates the law of the land, is bound to face consequences as per the law and in such a case, his freedom may be restricted depending upon the gravity of offence as such committed. Every accused who has been frivolously charged with the allegations of a non-bailable offence is not only entitled to a good defense but also to be released on bail, by the Court upon taking into various factors such as nature or seriousness of the offence, the character of the evidence, circumstances which are peculiar to the accused, reasonable apprehension of the witnesses being tampered with, the larger interests of the public or the state and similar other factors. It is the solemn duty of the Court to decide the bail applications at the earliest by reasoned order, based on the bona fides of the applicant in light of prevailing facts and circumstances. At the time of deciding the application seeking bail, the Court should look at the prima facie material available and should not go into the merits of the case by the appreciation of evidence. At the time of grant or denial of bail in respect of a non-bailable offence, the primary consideration is the nature and gravity of the offence. While adjudicating bail applications, the Courts should only go into the question of prima facie case established for granting bail. The Court cannot go into the question of credibility and reliability of the witnesses put up by the prosecution. The question of credibility and reliability of prosecution witnesses can only be tested during the trial. The Hon’ble Supreme Court in the matter of State of Maharashtra v Sitaram Popat Vital has stated a few factors to be taken into consideration, before granting bail, namely: (i) The nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence; (ii) Reasonable apprehension of tampering of the witness or apprehension of threat to the complainant; (iii) Prima facie satisfaction of the Court in support of the charge. The factors such as previous conduct and behavior of the accused in the Court, the period of detention of the accused, and health, age, and sex of the accused also may be considered at the time of grant of bail.

Question1:- Can the credibility of witnesses be tested during the grant of bail?
  • (a) Yes, if the judge feels that it is related to the case then he can question their credibility.
  • (b) The court cannot decide a case without the reliability of witnesses put up by the prosecution.
  • (c) The court cannot go into the reliability of witness’s right at the initial stage.
  • (d) None of the above
Answer is C is correct. The Court cannot go into the question of the credibility and reliability of the witnesses put up by the prosecution. The question of credibility and reliability of prosecution witnesses can only be tested during the trial.
Question2:- Few people were peacefully protesting against an act introduced by the government on sedition. One of the protesters has been accused of instigating the crowd by compelling them to conspire against the Government of India. Can he be granted bail?
  • (a) It depends on the merits of the case that is made against him.
  • (b) It will be dependent upon the prima facie case through the appreciation of evidence by the judge.
  • (c) It is not yet proven and the accused can be granted bail provided he does not flee.
  • (d) Abetment or instigation against the government is a non-bailable offence.
Answer is D is correct. Some offences are classified as non-bailable and the primary consideration in such offences is the gravity of the offence. Here the accused has no right to bail and it is entirely upon the discretion of the judge.
Question3:- Based on the facts provided in the previous question, the man accused of the offence is infirm and has been infected with Covid-19. Does it impact his bail application in any way?
  • (a) No, as the grant of application is solely driven by the merits of the accusations against him.
  • (b) Yes, as certain factors like health can be considered during the time of bail.
  • (c) No, as the evidence suggests that he can easily flee and the court cannot take such a risk.
  • (d) Yes, as he has not yet been proven guilty and thus cannot be coercively kept behind the bars.
Answer is B is correct. The factors such as previous conduct and behavior of the accused in the Court, the period of detention of the accused, and health, age, and sex of the accused also may be considered at the time of grant of bail.
Question4:- The idea of bail can be linked to which article in the constitution?
  • (a) Article 19
  • (b) Article 20
  • (c) Article 21
  • (d) Article 22
Answer is C is correct. Article 21 states, “No person shall be deprived of his life or personal liberty except according to procedure established by law.” It is co-related to bail provisions as it ensures that citizens are not arbitrarily deprived of their liberty.
Question5 :- Which Indian company has collaborated with Spain’s Navantia for Indian Navy’s P75 (I) Submarine Program Bid?
  • (a) Larsen and Toubro
  • (b) HAL
  • (c) DRDO
  • (d) BHEL
Answer is A is correct. Recently, Navantia from Spain and Larsen & Toubro joined forces by signing a collaborative agreement called the Teaming Agreement (TA), aiming to present a cutting-edge techno-commercial proposal for India’s esteemed P75 (India) submarine program. To fulfill the requirements of Project 75 (I), the Indian bidder must establish a partnership with a Foreign Collaborator (FC) and successfully carry out the program’s implementation, delivering six conventional submarines equipped with Air-Independent Propulsion (AIP).