MCQ 19 January 2024

Daily MCQs for Judiciary Prelims Exams - (19 January 2024)



Question/ Answer
Question1:- Doctrine of Double jeopardy is recognized under which provision of the Code of Criminal Procedure
  • (a) Section 299
  • (b) Section 300
  • (c) Section 301
  • (d) Section 302
Answer is B is correct. Section 300 states person once convicted or acquitted not to be tried for same offence while such conviction or acquittal remains in force. Therefore option (b) is the correct answer.
Question2:- Evidence of the facts alleged as against the public servant may be given in the form of
  • (a) Application
  • (b) Affidavit
  • (c) Plaint
  • (d) Written notice
Answer is B is correct. As per Section 295 when any application is made to any Court in the course of any inquiry, trial or other proceeding under this Code, and allegations are made therein respecting any public servant, the applicant may give evidence of the facts alleged in the application by affidavit, and the Court may, if it thinks fit, order that evidence relating to such facts so given. Therefore option (b) is the correct answer.
Question3:- Mark the correct statement
  • (a) High Court and District Court while exercising jurisdiction under Section 482 cannot interfere in the manner of investigation
  • (b) High Court while exercising jurisdiction under Section 482 cannot interfere in the manner of investigation
  • (c) High Court while exercising jurisdiction under Section 482 can interfere in the manner of investigation
  • (d) High Court and District Court while exercising jurisdiction under Section 482 can interfere in the manner of investigation
Answer is B is correct. In State of Uttar Pradesh v. Aman Mittal court stated that High Court while exercising jurisdiction under Section 482 cannot interfere in the manner of investigation. Therefore option (b) is the correct answer.
Question4:- Mark the correct statement
  • (a) High court has no power to set aside the interlocutory order while exercising its inherent power
  • (b) High court has power to set aside the interlocutory order while exercising its inherent power
  • (c) High court and District court has no power to set aside the interlocutory order while exercising its inherent power
  • (d) High court with the certificate from Supreme Court can set aside the interlocutory order while exercising its inherent power
Answer is A is correct. In Hooghly Mills Company Ltd v. State of West Bengal the court held that interlocutory order may be set aside by the High Court while exercising its inherent power under Section 482 of the Code. Therefore option (a) is the correct answer.
Question5:- No pleader who practices in the court of any Magistrate shall sit as a Magistrate in that court or in any court within the local jurisdiction of that court
  • (a) Section 479
  • (b) Section 480
  • (c) Section 481
  • (d) Section 482
Answer is B is correct. As per Section 480 no pleader who practises in the Court of any Magistrate shall sit as a Magistrate in that Court or in any Court within the local jurisdiction of that Court. Therefore option (b) is the correct answer.
Question6:- Nemo Judex in Causa Sua is related to which provision of Code of Criminal Procedure
  • (a) Section 479
  • (b) Section 480
  • (c) Section 481
  • (d) Section 482
Answer is A is correct. Section 479 of the act states no Judge or Magistrate shall, except with the permission of the court to which an appeal lies from his court to try or commit for trial any case to or in which he is a party or personally interested, and no Judge or Magistrate shall hear an appeal from any judgment or order passed or made by himself. Therefore option (a) is the correct answer.
Question7:- Inherent power of the High Court cannot be exercised at the stage of
  • (a) Investigation
  • (b) Inquiry
  • (c) Trial
  • (d) None of the above
Answer is A is correct. Supreme Court in Satvinder Kaur v. State stated High Court will not exercise its power under Section 482 at the stage of investigation as to interfere on the ground that the investigation officer has no territorial jurisdiction. Therefore option (a) is the correct answer.