MCQ 12 January 2024

Daily MCQs for Judiciary Prelims Exams - (12 January 2024)



Question/ Answer
Question1:- Under which one of the following Section of Criminal Procedure Code, 1973 armed forces can be used disperse assembly for maintaining of public security?
  • (a) Section 132
  • (b) Section 131
  • (c) Section 129
  • (d) Section 130
Answer is D is correct. Under Section 130 if any such assembly cannot be otherwise dispersed, and if it is necessary for the public security that it should be dispersed, the Executive Magistrate of the highest rank who is present may cause it to be dispersed by the armed forces. Therefore option (d) is the correct answer.
Question2:- Mark the correct answer—
The conditional order passed by a Magistrate under Section 133 of the Criminal Procedure Code cannot be challenged in civil court. This statement is
  • (a) Wrong
  • (b) Correct
  • (c) Partly wrong
  • (d) Partly correct
Answer is B is correct. As per Section 133(2) no order duly made by a Magistrate under this section shall be called in question in any Civil Court. Therefore option (b) is the correct answer.
Question3:- For invoking Section 133 of Cr.P.C. where should not be the inconvenience or invasion on:—
  • (a) Public rights
  • (b) Public place
  • (c) Private place or private persons
  • (d) All of the above
Answer is C is correct. As pr explanation attached to Section 133 public place includes also property belonging to the State, camping grounds and grounds left unoccupied for sanitary or recreative purposes. Therefore option (c) is the correct answer.
Question4:- Under what Section of CrPC a Magistrate may direct local investigation?
  • (a) Section 139
  • (b) Section 133
  • (c) Section 145
  • (d) Section 147
Answer is A is correct. As per Section 139 the Magistrate may, for the purposes of an inquiry under section 137 or section 138 (a) direct a local investigation to be made by such person as he thinks fit; or (b) summon and examine an expert. Therefore option (a) is the correct answer.
Question5:- Order under Section 144 Cr.P.C. is amenable to writ jurisdiction on violation of any Fundamental Rights. This was held in case of:
  • (a) Dibakar Naik v. Pushpalata Patel, (1997) 3 Crimes 107
  • (b) Gopalachari v. State of Kerala, 1981 SCR 338
  • (c) Gulam Abbas v. State of U.P., 1981 SC 2198
  • (d) Shelam Ramesh v. State of A.P., (1999) 8 SCC 369
Answer is C is correct. In Gulam Abbas v. State of U.P., order under Section 144 Cr.P.C. is amenable to writ jurisdiction on violation of any Fundamental Rights. Therefore option (c) is the correct answer.
Question6:- What is the purpose of Section 144A of the Code of Criminal Procedure, 1973?
  • (a) It seeks to enable the District Magistrate to prohibit any mass drill or mass training with arms in any public place.
  • (b) It seeks to enable the Chief Secretary to prohibit any mass drill or mass training with arms in any public place.
  • (c) It seeks to enable the Judicial Magistrate to prohibit any mass drill or mass training with arms in any public place.
  • (d) It seeks to enable the State Government to prohibit mass drill or mass training with arms in any public place.
Answer is A is correct. The District Magistrate may, whenever he considers it necessary so to do for the preservation of public peace or public safety or for the maintenance of public order, by public notice or by order, prohibit in any area within the local limits of his jurisdiction, the carrying of arms in any procession or the organising or holding of, or taking part in, any mass drill or mass training with arms in any public place. Therefore option (a) is the correct answer.
Question7:- Under Section 145 of the Cr. P.C. in connection with a dispute on immovable property, the executive magistrate prior to passing his orders as regards to possession over such property which one of the following periods he takes into consideration?
  • (a) One month
  • (b) Two months
  • (c) Four months
  • (d) Six months
Answer is B is correct. As per proviso to Section 145(4) if it appears to the Magistrate that any party has been forcibly and wrongfully dispossessed within two months next before the date on which the report of a police officer or other information was received by the Magistrate, or after that date and before the date of his order under sub-section (1), he may treat the party so dispossessed as if that party had been in possession on the date of his order under sub-section (1). Therefore option (b) is the correct answer.

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