MCQ 23 April 2024

Daily MCQs for Judiciary Prelims Exams - (23 April 2024)



Question/ Answer
Question1:- Who has given power to make rules under Code of Civil Procedure
  • (a) Supreme Court
  • (b) District Court
  • (c) High Court
  • (d) State Government
Answer is C is correct. As per Section 122 High Courts not being the Court of a Judicial Commissioner may, from time to time after previous publication, make rules regulating their own procedure and the procedure of the Civil Courts subjects to their superintendence, and may by such rules annul, alter or add to all or any of the rules in the First Schedule. Therefore option (c) is the correct answer.
Question2:- Which one of the following is not an offence punishable under Indian penal code 1860?
  • (a) Preparing to wage war against government of India.
  • (b) Preparing to commit dacoity or robbery
  • (c) Preparing to commit depredation on the territory of friendly state of the government of India
  • (d) Preparing to commit suicide
Answer is D is correct. Preparation to commit suicide has not been recognized as an offence under IPC as there can be change of mind after preparing for suicide and the person does not attempt for the same. Though attempt to suicide is punishable under Section 309. Therefore option (d) is the correct answer.
Question3:- In which of the following offences ‘mens rea is not an essential element under Indian penal code?
  • (a) Bigamy
  • (b) Murder
  • (c) Dacoity
  • (d) Theft
Answer is A is correct. Under the offence of Bigamy which is punishable under Section 494 of Indian Penal Code 1860 intention or knowledge plays no role as it is ipso facto punishable if the marriage does not fall under exceptions. Therefore option (a) is the correct answer.
Question4:- In which recent case the Supreme Court observed that disclosure statements cannot be the sole basis for conviction in a criminal case.
  • (a) State of Maharashtra vs Damu Gopinath Shinde
  • (b) Sarabjit Singh vs State
  • (c) Manoj Kumar Soni vs State of Andhra Pradesh
  • (d) Md. Inayatullah vs State of Maharshtra
Answer is C is correct. The bench of Justice S Raindra Bhat and Dipankar Dutta observed in the case of Manoj Kumar vs. State of Andhra Pradesh 2023 that disclosure statement under Section 27 of the Indian Evidence Act 1872 is not a strong piece of evidence and needs corroboration. Therefore option (c) is the correct answer.
Question5:- 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:
  • (a) Under section 405 IPC
  • (b) Under section 378 IPC
  • (c) Under section 403 IPC
  • (d) No offence
Answer is A 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 (a) is the correct answer.
Question6:- Doctrine of ‘undisclosed principal’ is given under which section of the Indian Contract Act, 1872?
  • (a) Section 229
  • (b) Section 230
  • (c) Section 231
  • (d) Section 232
Answer is B 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 (b) is the correct answer.
Question7:- Postal rule with regard to communication of proposal is given under which section of the Indian Contract Act, 1872?
  • (a) Section 3
  • (b) Section 4
  • (c) Section 6
  • (d) Section 9
Answer is B 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 (b) is the correct answer.

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