Daily Static MCQs for Judiciary Prelims Exams - (21 November 2023)
Question/ Answer
Question1:-Under which provision of POCSO Act special court can also try other offences which
the accused is charged with in the same trial and no new case is to be filed for the
same?
1. Section 28(1)
2. Section 28(2)
3. Section 29(1)
4. Section 29(2)
Answer is 2 is correct. Kerala High Court in Tomy K M vs. State of Kerala stated that the special court
under Section 28(2) of POCSO Act can try cases of other offences as well if they occurred in
the same transaction. Therefore option (2) is the correct answer.
Question2:-Mark the correct statement
1. Failure to hold test identification parade under Section 161 CrPC would make
inadmissible the evidence of identification in court
2. Failure to hold test identification parade under Section 162 CrPC would make
inadmissible the evidence of identification in court
3. Failure to hold test identification parade under Section 162 CrPC would not make
inadmissible the evidence of identification in court
4. Failure to hold test identification parade under Section 161 CrPC would not make
inadmissible the evidence of identification in court
Answer is 3 is correct. In Malkhan Singh Vs. State of Madhya Pradesh (2003) Supreme court
observed and held that TIP do not constitute substantive evidence and these parades are
essentially governed by Section 162 of the Code of Criminal Procedure. "Failure to hold a
test identification parade would not make inadmissible the evidence of identification in
court". Therefore option (3) is the correct answer.
Question3:-The constitutional bench of the Supreme Court has held that the cap of 14 years rule on
aggregate punishment under Section___ of CrPC is not applicable to a Session’s court?
1. Section 30(1)
2. Section 32(1)
3. Section 33(2)
4. Section 31(2)
Answer is 4 is correct. In Duryodhan Rout vs State of Orissa (2009) Supreme Court held that in case
of life imprisonment other sentences run concurrently and hence a person can be convicted
for different offences. The court also referred Section 31(2) of CrPC which related to the
sentence in cases of conviction of several offences at one trial and observed the same
provision is not applicable to Session’s Court. Therefore option (4) is the correct answer
Question4:- Which one of the following is not punishable under the Indian Penal Code?
1. Preparation to wage war against the State
2. Preparation to commit murder
3. Preparation to commit dacoity
4. Preparation to commit depredation on the territory of a friendly power
Answer is 2 is correct. Preparation to commit murder is not punishable as there is a presumption that
in a sudden provocation a person might have started preparing to attempt murder but later
there can be change of mind and he decides not to commit the offence. Therefore option (2) is
the correct answer.
Question5:-The principle of res judicata is also applicable between co-defendants. Which one of the
following is not an essential condition to bind the co-defendants?
1. The Co-defendants must have filed joint written statement
2. There must be a conflict of interest between the defendants concerned
3. It must be necessary to decide this conflict in order to give the plaintiff the relief he
claims
4. The question between the defendants must have been finally decided
Answer is 1 is correct. Co-defendants need not file a joint written statement with regard to the
application of res-judicata between them. Though, all the other options are correct. Therefore
option (1) is the correct answer.
Question6:-Validity of a foreign judgment can be challenged under Section 13 of CPC
1. in a civil court only
2. in a criminal court only
3. in both civil and criminal court
4. neither in civil nor in criminal court
Answer is 1 is correct. Validity of a foreign judgment can be challenged only in civil court and not in
criminal court under Section 13 of CPC. Therefore option (1) is the correct answer.
Question7:-Intentional insult with intent to provoke breach of the peace, is punishable under:—
1. Section 508, IPC
2. Section 507, IPC
3. Section 503, IPC
4. Section 504, IPC
Answer is 4 is correct. As per Section 504 IPC “Whoever intentionally insults, and thereby gives
provocation to any person, intending or knowing it to be likely that such provocation will
cause him to break the public peace, or to commit any other offence, shall be punished with
imprisonment of either description for a term which may extend to two years, or with fine, or
with both.” Therefore option (4) is the correct answer.
