MCQ 16 December 2023

Daily Static MCQs for Judiciary Prelims Exams - (16 December 2023)



Question/ Answer
Question1:- If the witness is unable to communicate verbally-
  • A. The Court may take the assistance of an interpreter or a special educator in recording the statement and such statement shall be video graphed.
  • B. The Court may take the assistance of an interpreter or a special educator in recording the statement and such statement may be video graphed.
  • C. The Court shall take the assistance of an interpreter or a special educator in recording the statement and such statement shall be video graphed.
  • D.None of the above.
Answer is C is correct. As per section 119 if the witness is unable to communicate verbally, the Court shall take the assistance of an interpreter or a special educator in recording the statement and such statement shall be video graphed. Therefore option (c) is the correct answer. answer.
Question2:- A is accused before the Court of Session of attempting to murder a police-officer whilst on his trial before B, a Sessions Judge-
  • A. B may be examined as to what occurred.
  • B. B shall be examined as to what occurred.
  • C. B may not be examined as to what occurred.
  • D.None of the above.
Answer is A is correct. As per section No Judge or Magistrate shall, except upon the special order of some Court to which he is subordinate, be compelled to answer any questions as to his own conduct in Court as such Judge or Magistrate, or as to anything which came to his knowledge in Court as such Judge or Magistrate; but he may be examined as to other matters which occurred in his presence whilst he was so acting. Therefore option (a) is the correct answer.
Question3:- As per section 122 of the Indian Evidence Act-
  • A. No person who is or has been married shall be compelled to disclose any communication made to him during marriage.
  • B. No person who is or has been married shall be permitted to disclose any communication made to him during marriage.
  • C. No person who is or has been married, shall be compelled or shall be permitted to disclose any communication made to him during marriage.
  • D.None of the above
Answer is C is correct. As per section 122 no person who is or has been married, shall be compelled to disclose any communication made to him during marriage by any person to whom he is or has been married; nor shall he be permitted to disclose any such communication. Therefore option (c) is the correct answer.
Question4:- A, a client, says to B, an attorney –– “I wish to obtain possession of property by the use of a forged deed on which I request you to sue.”
  • A. This communication, being made in furtherance of a criminal purpose, is not protected from disclosure.
  • B. This communication, being made in professional confidence, is protected from disclosure.
  • C. Section 126 bars such communications to be disclosed.
  • D.None of the above.
Answer is A is correct. As per section 126 No barrister, attorney, pleader or vakil, shall at any time be permitted, unless with his client’s express consent, to disclose any communication made to him in the course and for the purpose of his employment except when any such communication made in furtherance of any illegal purpose. Therefore option (a) is the correct answer.
Question5:- Which of the following is incorrect-
  • A. Under section 132 IEA no witness shall be excused upon the ground that the answer to such a question will criminate, or may tend directly or indirectly to criminate, such witness.
  • B. Under section 161 CrPC no witness shall be excused upon the ground that the answer to such a question will criminate, or may tend directly or indirectly to criminate, such witness.
  • C. Section 132 IEA applies upon only the witness whereas section 161 CrPC applies upon any person who is acquainted with the facts of the case.
  • D.None of the above.
Answer is B is correct. As per section 161 CrPC such person shall be bound to answer truly all questions relating to such a case put to him by such officer, other than questions the answers to which would have a tendency to expose him to a criminal charge or to a penalty or forfeiture. Therefore option (b) is the correct answer.
Question6:- For the persons who sue or are sued, or defend, to have the same interest in one suit,
  • A. Cause of action must be same
  • B. Cause of action need not be same
  • C. It is necessary to establish that such persons have the same cause of action
  • D. It is not necessary to establish that such persons have the same cause of action
Answer is C is correct. Under Order I Rule 8, it is necessary to establish that such person have the same cause of action to file suit under representative suit. Therefore option (c) is the correct answer.
Question7:- In which recent judgement the Apex Court has held that it is not the quantity of the witnesses but the quality of witnesses which matters-
  • A. Ajai alias Ajju and others vs State of Uttar Pradesh (2023 SC)
  • B. Ravi Mandal v. State of Uttarakhand (2023 SC)
  • C. Pravinsinh Nrupatsinh Chauhan v. State of Gujarat (2023 SC)
  • D.None of the above
Answer is A is correct. In the case of Ajai alias Ajju and others vs State of Uttar Pradesh (2023 SC) the SC held that it is not the quantity of the witnesses but the quality of witnesses which matters. Therefore option (a) is the correct answer.

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