MCQ 22 December 2023

Daily MCQs for Judiciary Prelims Exams - (22 December 2023)



Question/ Answer
Question1:- What is the application effect of Section 113A of Indian Evidence Act
  • (a) Prospective effect
  • (b) Retrospective effect
  • (c) Depends upon the discretion of the court
  • (d) None of the above
Answer is B is correct. Presumption of abetment of suicide is procedural and has retrospective effect. Therefore option (b) is the correct answer.
Question2:- Supreme Court held the term ‘soon before’ used in the section 113B does not imply ‘immediately before’ as these are not synonyms
  • (a) Kailash v. State of M.P.
  • (b) Rameshwar Dass v. State of Punjab
  • (c) State of Karnataka v. Manjunathegowda
  • (d) Amar Singh v. State of Rajasthan
Answer is A is correct. Supreme Court in Kailash v. State of M.P. 2007 made this statement. Therefore option (a) is the correct answer.
Question3:- The list of illustrations under Section 114 of Indian Evidence Act is
  • (a) Illustrative
  • (b) Exhaustive
  • (c) Both (a) and (b)
  • (d) None of the above
Answer is A is correct. The list of illustrations under Section 114 of the act is not exhaustive but illustrative. Therefore option (a) is the correct answer.
Question4:- Which of the following case is related to the defence of necessity
  • (a) Mac Naugten case
  • (b) DPP Vs Beard
  • (c) R Vs Dudley and Stephen
  • (d) K.M. Nanavati Vs State of Bombay
Answer is C is correct. R. v. Dudley & Stephen is a famous English case on necessity which states that necessity is no defence of murder. Therefore option (c) is the correct answer.
Question5:- In which of the following case the necessity under section 81 of I.P.C. can not be pleaded as a defence?
  • (a) Self defence & prevention of violence
  • (b) Prevention of harm to the accused at he expence of an innocent person
  • (c) Self preservation is an absolute necessity
  • (d) Choice of evils affecting person other than the accused
Answer is C is correct. Necessity under Section 81 of IPC cannot be pleaded in the case of self- preservation. And self-preservation is not an absolute necessity Privy Council in R v. Dudley and Stephens held this. Therefore option (c) is the correct answer.
Question6:- Which one of the following is presumed under the law to be ‘doli incapax’ to commit a crime?
  • (a) A child of under 7 year of age
  • (b) A child of under 10 year of age
  • (c) A child above 7 year and under 12 year of age
  • (d) A child between to 10 year and 14 year of age
Answer is A is correct. A child under 7 years of age is termed as doli incapax and is presumed to have not committed any offence as per Section 82 of IPC. Therefore option (a) is the correct answer.
Question7:- In which case the Supreme Court held that if a student and teacher fall in love with each other, it does not mean that the teacher has taken undue advantage of his official position:
  • (a) Geejaganda Somaiah v. State of Karnataka (2007)
  • (b) Sanjay v. State of Maharashtra (2007)
  • (c) Omkar Prasad Verma v. State of Madhya Pradesh (2007)
  • (d) Kailash v. State of Madhya Pradesh (2007)
Answer is C is correct. In Omkar Prasad v. State of M.P., Supreme Court held if a student and teacher fall in love with each other, it does not mean that the teacher has taken un due advantage of his official position. Therefore option (c) is the correct answer.

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