MCQ 10 January 2024

Daily MCQs for Judiciary Prelims Exams - (10 January 2024)



Question/ Answer
Question1:- Under which section of the Evidence Act provisions for presumption as to Gazattes in Electronic forms has been made?
  • (a) Section 81A
  • (b) Section 85A
  • (c) Section 85B
  • (d) Section 88A
Answer is A is correct. The Court shall presume the genuineness of every electronic record purporting to be the Official Gazette, or purporting to be electronic record directed by any law to be kept by any person, if such electronic record is kept substantially in the form required by law and is produced from proper custody. Therefore option (a) is the correct answer.
Question2:- Due execution and authentication of a power of attorney shall be presumed under Section 85 of Evidence Act when executed before and authenticated by:
  • (a) a notary
  • (b) a judge
  • (c) a magistrate
  • (d) all of the above
Answer is D is correct. The Court shall presume that every document purporting to be a power-of- attorney, and to have been executed before, and authenticated by, a Notary Public, or any Court, Judge, Magistrate, Indian Consul or Vice-Consul, or representative of the Central Government, was so executed and authenticated. Therefore option (d) is the correct answer.
Question3:- Period of thirty years under section 90 of Evidence Act is to be reckoned from
  • (a) the date on which the document is relied upon
  • (b) the date on which the document is filed in the court
  • (c) the date on which the document is tendered in evidence, when its genuineness becomes a subject of proof
  • (d) all of the above
Answer is C is correct. As per Section 90 where any document, purporting or proved to be thirty years old, is produced from any custody which the Court in the particular case considers proper, the Court may presume that the signature and every other part of such document, which purports to be in the handwriting of any particular person, is in that person’s handwriting, and, in the case of a document executed or attested, that it was duly executed and attested by the persons by whom it purports to be executed and attested. Therefore option (c) is the correct answer.
Question4:- A, a sub-inspector of the police in the course of holding an investigation in a murder case examines some of the prosecution witnesses and reduces their statements in writing and obtains their signatures on such statement. Can the prosecution make use of such statements in the trial of the accused
  • (a) No prosecution cannot make use of such statement in the trial of the accused as per section 162(2)
  • (b) No prosecution cannot make use of such statement in the trial of the accused as per section 162(1)
  • (c) Yes prosecution can make use of such statement in the trial of the accused as per section 162(2)
  • (d) Yes prosecution can make use of such statement in the trial of the accused as per section 162(1)
Answer is D is correct. As per Proviso of Section 162(1) the statement made by witness to investigating officer if duly proved, can be used by the accused. Therefore option (d) is the correct answer.
Question5:- A, commits an offence in Agra but makes a confession before the Judicial Magistrate Jaipur, who has no power to try the case. Is the confession valid, if it is recorded by Magistrate after following the procedure
  • (a) Yes, valid as per Section 164(1)
  • (b) Yes valid as per Section 165
  • (c) Not valid as per Section 165
  • (d) Not valid as per Section 164(1)
Answer is A is correct. As per Section 164(1) of CrPC the confession is valid as any Judicial Magistrate may record the confession made by him, whether he has jurisdiction in the case or not. Therefore option (a) is the correct answer.
Question6:- Does Magistrate has power to stop investigation
  • (a) No magistrate has no power to stop investigation
  • (b) Magistrate has power to stop investigation in summons case
  • (c) Magistrate has power to stop investigation in all cases
  • (d) Magistrate has no power to stop investigation but High Court has power to stop investigation.
Answer is B is correct. Magistrate has power to stop investigation in summons cases when investigation is not concluded within six months from the date on which the accused was arrested as per Section 167(5) of the Code. Therefore option (b) is the correct answer.
Question7:- A commits the murder of B at Bangalore. B is a resident of Chennai. A is arrested at Madurai. At what place or places the trial may take place?
  • (a) A can be tried only at Madurai as per Section 177
  • (b) A can be tried at Madurai and Chennai as per Section 177
  • (c) A can be tried at Madurai and Bangalore as per Section 177
  • (d) A can be tried only at Bangalore as per Section 177
Answer is D is correct. As per Section 177 of the Code A can be tried only at Bangalore as it deals with ‘ordinary place of inquiry and trial’ it states, every offence shall ordinarily be inquired into or tried by a court within whose local jurisdiction it was committed. Therefore option (d) is the correct answer.