MCQ 4 November 2023

Daily Static MCQs for Judiciary Prelims Exams - (4 November 2023)



Question/ Answer
Question1:-Conditional order for removal of nuisance may be given by
  • 1. the Sub-divisional Magistrate
  • 2. any other Executive Magistrate specially empowered by the State Government
  • 3.the District Magistrate
  • 4. All of the above
Answer is 4 is correct. Conditional orders are passed when there are urgent matters related to removal of nuisance. As per section 133 of Code of Criminal Procedure the sub-divisional Magistrate, District Magistrate or any other Executive Magistrate specially empowered by the State Government can pass conditional order for removal of nuisance. Therefore option (4) is the correct answer.
Question2:-When offence of defamation under the Indian Penal Code is alleged to have been committed against a person who is the President of India, the Vice President of India, or the Governor of a State, which Court may take cognizance?
  • 1. The Chief Judicial Magistrate
  • 2. The Magistrate
  • 3. The Court of Session
  • 4. The Assistant Sessions Court
Answer is 3 is correct. As per Section 199 (3) of the Code of Criminal Procedure, Court of Session may take cognizance of offence of defamation alleged to have been committed against a person who is the President of India, the Vice President of India, or the Governor of a State, without the case being committed to it, upon a complaint in writing made by the Public Prosecutor. Therefore option (3) is the correct answer.
Question3:- "A" Hindu aged 28 years marries aged 25 years according to Hindu rites. It turns out that at the time of marriage was pregnant by someone other than. The marriage between and is:
  • 1. Illegal
  • 2. Void
  • 3. Voidable
  • 4. Not a marriage at all under Hindu Marriage, Act
Answer is 3 is correct. Section 12(d) of Hindu Marriage Act makes the marriage voidable at the option of another party where the wife was pregnant prior marriage with any person other than the husband. The petition can be filed to annul the marriage where the court is satisfied that the petitioner was ignorant of this fact at the time of marriage, furthermore petition to be filed within one year from the date of marriage and no marital intercourse took pace with the consent of the petitioner after the discovery of this fact. Therefore option (3) is the correct answer.
Question4:-In which of the following reports, the Law Commission recommended the Breakdown Principle to be accepted as the additional ground for divorce:
  • 1. In 70 th Report
  • 2. In 71 st Report
  • 3. In 73 rd Report
  • 4. In 72 nd Report
Answer is 2 is correct. The 71st Report of the Law Commission of India which was submitted to the Government on 7th April, 1978 briefly dealt with the concept of irretrievable breakdown of marriage. The report deals with a situation where marriage ceases to exist in reality then there is no point in continuing the same. Therefore option (2) is the correct answer.
Question5:- Prohibited degree of relationship and sapinda relationship under Hindu Marriage Act are:
  • 1.Mutually exclusive
  • 2. Dependant on each other
  • 3. May overlap each other
  • 4. None of the above
Answer is 3 is correct. Prohibited degrees of relationships are laid down under Section 3(g) of the Hindu Marriage Act, which are those relationships where marriage cannot be solemnized between those two and marriage becomes void as per Section 11 of the Hindu Marriage Act. Sapinda relations are also relations who are prohibited if they have common ancestor, this can be calculated from 5 generations from the side of the father and 3 generations from the side of mother in upward direction. These Therefore option (3) is the correct answer.
Question6:-A entered a house to commit theft. Old lady living in the house saw the thief and shouted for help. Neighbours collected near the house and caught hold of the thief who was trying to escape. The neighbours gave a thief beating with fists and lathis. The neighbours are liable for:",
  • 1. Similar intention
  • 2. Common intention
  • 3. Unlawful assembly
  • 4. Conspiracy
Answer is 3 is correct. An assembly becomes unlawful when 5 or more people assembly with a common object. In the present case neighbours collected and beaten thief with fists and lathis with a common object of not letting him escape, hence they are punishable under Section 142 of the Indian Penal Code. Therefore option (3) is the correct answer.
Question7:-A village Vaidya used to successfully operate wounds with shaving blade. Victim who was suffering from piles was operated with shaving blade by the Vaidya. Due to profound bleeding, the victim died and the Vaidya was prosecuted for causing death of the victim. If you are a defence lawyer under which of the following sections of the Indian Penal Code you can defend the Vaidya.
  • 1. Section 87
  • 2. Section 88
  • 3. Section 92
  • 4. None of the above
Answer is 2 is correct. Section 88 of the Indian Penal Code talks about an act not intended to cause death, done by consent in good faith for persons benefit. In the present case Vaidya has previously operated wounds with shaving blade and later he operated the victim who died due to profound bleeding but he had the knowledge and consented to such operation with shaving blade. Therefore option (2) is the correct answer.