MCQ 14 Oct 2023

Daily Static MCQs for Judiciary Prelims Exams - (14 October 2023)

Question/ Answer
Question1:-Which one of the following is not an offence punishable under Indian penal code 1860?
  • 1. Preparing to wage war against government of India
  • 2. Preparing to commit dacoity or robbery
  • 3. Preparing to commit depredation on the territory of friendly state of the government of India
  • 4. Preparing to commit suicide
Answer is 4 is correct. Preparation to commit suicide has not been recognized as an offence under IPC as there can be change of mind after preparing for suicide and the person does not attempt for the same. Though attempt to suicide is punishable under Section 309. Therefore option (4) is the correct answer.
Question2:-In which of the following offences ‘mens rea is not an essential element under Indian penal code?
  • 1. Bigamy
  • 2. Murder
  • 3. Dacoity
  • 4. Theft
Answer is 1 is correct. Under the offence of Bigamy which is punishable under Section 494 of Indian Penal Code 1860 intention or knowledge plays no role as it is ipso facto punishable if the marriage does not fall under exceptions. Therefore option (1) is the correct answer.
Question3:-In which recent case the Supreme Court observed that disclosure statements cannot be the sole basis for conviction in a criminal case.
  • 1. State of Maharashtra vs Damu Gopinath Shinde
  • 2. Sarabjit Singh vs State
  • 3. Manoj Kumar Soni vs State of Andhra Pradesh
  • 4. Md. Inayatullah vs State of Maharshtra
Answer is 3 is correct. The bench of Justice S Raindra Bhat and Dipankar Dutta observed in the case of Manoj Kumar vs. State of Andhra Pradesh 2023 that disclosure statement under Section 27 of the Indian Evidence Act 1872 is not a strong piece of evidence and needs corroboration. Therefore option (3) is the correct answer.
Question4:- The term of state legislative assembly can be extended during emergency by
  • 1. The President
  • 2. The parliament
  • 3. The Governor
  • 4. The state legislature
Answer is 1 is correct. According to the proviso of Article 172(1) of the Constitution of India 1950 during the proclamation of emergency, parliament has the power to extend the duration of state legislative assembly not exceeding one year at a time and not exceeding six months once the proclamation ceases to operate. Therefore option (1) is the correct answer.
Question5:-Full faith and credit clause does not apply to
  • 1. Public records
  • 2. Judicial proceedings
  • 3. Arts of corporation
  • 4. Public Art
Answer is 3 is correct. According to Article 261 of the Constitution of India 1950 full faith and credit shall be given throughout territory of India to public acts, records and judicial proceedings of the Union and of every state. Therefore option (3) is the correct answer.
Question6:-Post master murder case before the Privy Council was delivered by
  • 1. Sir Madhvan Nair
  • 2. Lord Coleridge
  • 3. Lord sumner
  • 4. Lord Haldane
Answer is 3 is correct. Barendra Kumar Ghosh vs. King Emperor, 1925 famously known as ‘Post Master Case’ deals with common intention which is provided under Section 34 of Indian Penal Code was delivered by Lord Sumner. Wherein he said “they also serve who stand and wait” Therefore option (3) is the correct answer
Question7:-‘A’ authorizes ‘B’ to sell land belonging to ‘A’, and to pay out of the proceeds of the sale the debts due to him from ‘A’. In the absence of any express contract
  • 1. ‘A’ may revoke this authority
  • 2. The insanity of ‘A’ may lead to termination of the authority
  • 3. The authority may terminate by the death of ‘A’
  • 4. ‘A’ cannot revoke this authority, nor can the authority be terminated by A’s death or insanity
Answer is 4 is correct. As per Section 202 of the Indian Contract Act, when the agent has himself an interest in the property which forms the subject matter of the agency, the agency cannot be terminated except where there is an express agreement to it. Therefore option (4) is the correct answer.