MCQ 5 December 2023

Daily Static MCQs for Judiciary Prelims Exams - (5 December 2023)



Question/ Answer
Question1:-Any person aggrieved by refusal, on the part of an officer in charge of police station to record the information in cognizable offence may, under Section 154(3) of the Code of Criminal Procedure send the information in writing and by post to:
  • (a) First Class Judicial Magistrate
  • (b) Sessions Judge
  • (c) Superintendent of Police
  • (d) High Court
Answer is C is correct. As per Section 154(3) an aggrieved person can approach the superintendent of police and later on his refusal or otherwise, can further approach the magistrate. Therefore option (c) is the correct answer.
Question2:-First Information Report is not a substantive evidence, it can be used during trial for the following:
  • (a) Only to corroborate the evidence of the informant
  • (b) Only to contradict the evidence of the informant
  • (c) For both (a) and (b) above
  • (d) For neither (a) nor (b)
Answer is C is correct. FIR is not defined under the criminal code. It can only be used to corroborate or contradict the evidence provided by the informant and cannot be used as a substantive evidence and no conviction can be made on that basis only. Therefore option (c) is the correct answer..
Question3:-Complaint under section 2(d) can be of Code of Criminal Procedure to be
  • (a) Written
  • (b) Oral
  • (c) Written or Oral
  • (d) None of these
Answer is C is correct. Complaint means “any allegation made orally or in writing to a Magistrate, with a view to his taking action under this Code that some person, whether known or unknown, has committed an offence, but does not include a police report. Explanation.—A report made by a police officer in a case which discloses, after investigation, the commission of a non-cognizable offence shall be deemed to be a complaint; and the police officer by whom such report is made shall be deemed to be the complainant” hence it can be made orally or in writing. Therefore option (c) is the correct answer.
Question4:- A fact is said to be “not proved”:
  • (a) When it is disproved
  • (b) When, after considering the matters before it, the court believes that it does not exist
  • (c) When a prudent man considers that the fact does not exist
  • (d) When it is neither proved nor disproved
Answer is D is correct. As per Section 3 of the Indian Evidence Act, a fact is said to be not proved when it is neither proved nor disproved. Therefore option (d) is the correct answer.
Question5:-Whether a weapon is a deadly weapon is a question of:
  • (a) Law
  • (b) Fact
  • (c) Opinion of the expert witness
  • (d) Opinion of the judge
Answer is B is correct. It is a question of fact whether a weapon is a deadly weapon or not. Therefore option (b) is the correct answer.
Question6:- Which one of the following is not essential for commission of an offence?
  • (a) Intention
  • (b) Motive
  • (c) Prohibited Act
  • (d) Punishment
Answer is C is correct. Intention, motive and punishment are all the essential ingredients for the commission of crime but prohibited act is no such ingredient. Therefore option (c) is the correct answer.
Question7:-Theft under Indian Penal Code differs from larceny in English Law which contemplated
  • (a) Permanent gain and loss
  • (b) Loss of property
  • (c) Moving of property
  • (d) Denying the owner of his property
Answer is A is correct. Other than any option above, only difference both the offence has is permanent gain and loss. Therefore option (a) is the correct answer.

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