MCQ 17 Oct 2023

Daily Static MCQs for Judiciary Prelims Exams - (17 October 2023)



Question/ Answer
Question1:-An employer deducting the employee’s contribution under EPF & Miscellaneous provision Act from wages payable for credit to fund, but does not deposit the same with the fund, is guilty of committing offence:
  • 1. Under section 405 IPC
  • 2. Under section 378 IPC
  • 3. Under section 403 IPC
  • 4. No offence
Answer is 1 is correct. Section 405 of the Indian Penal Code deals with criminal breach of trust, whoever being in any manner entrusted with property, or with the dominion over property, dishonestly misappropriates or converts to his own use or disposes of that property in violation of any direction of law. Therefore option (1) is the correct answer.
Question2:-Doctrine of ‘undisclosed principal’ is given under which section of the Indian Contract Act, 1872?
  • 1. Section 229
  • 2. Section 230
  • 3. Section 231
  • 4. Section 232
Answer is 2 is correct. Doctrine of undisclosed principal is given under Section 230 of the Indian Contract Act which states where the principal is not disclosed and the third party has no knowledge that the person he is entering into contract with is an agent and not the principal then agent is personally liable for his acts towards the third party. Therefore option (2) is the correct answer.
Question3:-Postal rule with regard to communication of proposal is given under which section of the Indian Contract Act, 1872?
  • 1. Section 3
  • 2. Section 4
  • 3. Section 6
  • 4. Section 9
Answer is 2 is correct. Postal rule is followed in inter-absentes contracts where parties are not present before each other but rather they use different methods like letters, telex, etc. to communicate their offer and acceptance. This rule is given under Section 4 of the Indian Contract Act which talks about when the communication of offer and acceptance gets completed. Therefore option (2) is the correct answer.
Question4:-An offence of committing affray is-
  • 1. Non-cognizable and Bailable offence
  • 2. Non-cognizable and Non-Bailable offence
  • 3. Cognizable and Non-Bailable offence
  • 4. Cognizable and Bailable offence
Answer is 4 is correct. When two or more persons fight in a public place to disturb the public peace they are said to commit affray. Offence of committing affray is punishable under Section 160 wherein the nature of the offence is defined as cognizable and bailable. Therefore option (4) is the correct answer.
Question5:-An offence committed by public servant framing an incorrect record or writing, under Section 218 of the Indian Penal Code 1860 is triable by-
  • 1. Court of session only
  • 2. Any magistrate
  • 3. Executive Magistrate
  • 4. Magistrate of First Class
Answer is 4 is correct. Under Section 218 of the Indian Penal Code if a public servant frames an incorrect record of writing with an intent to save person from punishment or any property from forfeiture then they would be held liable for imprisonment for 3 years or fine or both and the offence is triable by the Magistrate of First Class. Therefore option (4) is the correct answer.
Question6:-Who may be directed to give specimen signature under Section 311A of the Code of Criminal Procedure 1973?
  • 1. Any person including accused person
  • 2. Only accused person
  • 3. Only victim
  • 4. Only witness
Answer is 1 is correct. As per Section 311A of the Code of Criminal Procedure, “if a magistrate of first class is satisfied that for the purpose of any investigation or proceeding under this code, it is expedient to direct any person, including an accused person, to give specimen signatures or handwriting, he may make an order to that effect….” Therefore option (1) is the correct answer.
Question7:-Can in any situation a suit, akin to public interest litigation, be instituted under Civil Procedure Code even though no special damage has been caused to persons willing to file the suit
  • 1. No, only a writ petition lies under Article 226 of the Constitution.
  • 2. No, only a writ petition lies under Article 32 of the Constitution.
  • 3. Yes, a suit can be instituted under Section 91 Civil Procedure Code.
  • 4. Yes, a suit lies under a Section 92 Civil Procedure Code.
Answer is 3 is correct. A situation similar to public interest litigation is provided under Section 91 of the Code of civil procedure which talks about public nuisance, where two or more person without any special damage can file a suit with the consent of court. Public nuisance is defined under Section 268 of Indian penal code. Therefore option (3) is the correct answer.

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