MCQ 08 January 2024

Daily MCQs for Judiciary Prelims Exams - (08 January 2024)



Question/ Answer
Question1:- A lodges an FIR alleging that B has committed the murder of his brother C. Can the police arrest him without an order from a Magistrate and without a warrant
  • (a) No the police cannot arrest as per Section 42
  • (b) Yes the police can arrest as per Section 41(2)
  • (c) Yes the police can arrest as per Section 41(1)(b)
  • (d) Yes the police can arrest as per Section 41(1)(ba)
Answer is D is correct. As per Section 41(1)(ba) a police officer can arrest a person without an order from a magistrate and without a warrant against whom credible information has been received of committing a cognizable offence. Therefore option (d) is the correct answer.
Question2:- A is proclaimed as an offender by State Government. He is arrested by a police officer without warrant. A challenges his arrest in the High Court by filing a writ of Habeas Corpus under Article 226 of the Constitution of India. Is his arrest illegal?
  • (a) No, the arrest is legal as per Section 41(1)(c)
  • (b) No, the arrest is legal as per Section 41(1)(d)
  • (c) Yes, the arrest is illegal as per Section 41(1)(d)
  • (d) Yes, the arrest is illegal as per Section 41(1)(c)
Answer is A is correct. As per Section 41(1)(c) of the Code, a police officer can arrest without warrant any person who has been proclaimed as an offender either under CrPC or by the order of a State Government. Therefore option (a) is the correct answer.
Question3:- A, police officer has no definite knowledge or information that A is in possession of an implement of house breaking. Police officer arrests A. Is A’s arrest illegal?
  • (a) Yes the arrest is illegal as per Section 42
  • (b) Yes the arrest is illegal as there is no provision in CrPC
  • (c) No the arrest is legal as per Section 42
  • (d) No the arrest is legal as per Section 44
Answer is B is correct. Yes the arrest is legal as there is no provision in CrPC on the basis of which a police can arrest a person only on the ground that he has in his possession without any lawful excuse, any implement of house breaking. Therefore option (b) is the correct answer.
Question4:- A, a married man performs sexual intercourse outside wedlock. Consequently a child is born. Can such a child claim maintenance from A
  • (a) Yes the child can claim as per Section 125(1)(c)
  • (b) No the child cannot claim as per Section 125(1)(b)
  • (c) Yes the child can claim as per Section 125(1)(b)
  • (d) No the child cannot claim as per Section 125(1)(c)
Answer is C is correct. Section 125(1)(b) of the Code deals with maintenance of child and parents. It provides that even an illegitimate minor child who is unable to maintain himself or herself is entitled to be maintained. Therefore option (c) is the correct answer.
Question5:- A, a married major daughter is unable to maintain herself due to her mental abnormality. Is she entitled to be maintained by her father who has sufficient means to maintain
  • (a) No A is not entitled to be maintained by her father as per Section 125(1)(b)
  • (b) Yes A is entitled to be maintained by her father as per Section 125(1)(c)
  • (c) No A is not entitled to be maintained by her father as per Section 125(1)(c)
  • (d) Yes A is entitled to be maintained by her father as per Section 125(1)(b)
Answer is C is correct. As per Section 125(1)(c) A is not entitled to be maintained by her father but by her husband. Therefore option (c) is the correct answer.
Question6:- Is a divorced wife entitled to maintenance as per CrPC
  • (a) Yes as per Section 125(1)
  • (b) Yes as per Explanation (a) of Section 125(1)
  • (c) Yes as per Explanation (b) of Section 125(1)
  • (d) Yes as per Explanation (c) of Section 125(1)
Answer is C is correct. As per Explanation (b) of Section 125(1) of CrPC ‘wife’ includes a woman who has been divorced or has obtained divorce from her husband. Therefore option (c) is the correct answer.
Question7:- A voluntarily causes hurt to B. B goes to police station to lodge F.I.R.
  • (a) Yes the police can record the F.I.R.
  • (b) No the police cannot record the F.I.R.
  • (c) Recording of the F.I.R. depends upon the discretion of the police officer
  • (d) Recording of the F.I.R. depends upon the discretion of the court
Answer is B is correct. Section 154 of CrPC deals with the provision of F.I.R. According to this section F.I.R. can be lodged only in respect of a cognizable offence. Voluntarily causing hut as per Section 323 of I.P.C. is a non-cognizable offence. Therefore option (b) is the correct answer.

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