Questions for DU LLB Exam 2020 Q. 301-325
Q. 301 'Confession' means-
- 1. Any admission of the accused
- 2. Admission of the facts constituting an offence
- 3. Exculpatory statement of the accused
- 4. Self-serving statement of the accused
According to the Indian Evidence Act, 1872, ‘Confession’ is a statement made by an accused person
which is sought to be proved against him in criminal proceeding to establish the commission of an
offence by him or a formal statement admitting that one is guilty of a crime.
Q. 302 A man allowed his cart to proceed unattended along the road. It ran over a boy causing fracture of his leg. He has committed an offence of-
- 1. Voluntarily causing grievous hurt
- 2. Voluntarily causing hurt
- 3. Causing grievous hurt by rash or negligent act
- 4. No offence at all as he was not directly involved
Q. 303 Person who lodged FIR is to be referred as-
- 1. As a complainant
- 2. As an informant
- 3. Both complainant as well as informant
- 4. As an applicant
First Information Report (FIR) is a written document prepared by the police when they receive information about the commission of a cognizable offence. It is a report of information that reaches the police first in point of time and that is why it is called the First Information Report. Thus, the person lodging FIR need not be a complainant necessarily, he is to be referred as informant at first place.
Anyone who knows about the commission of a cognizable offence can file an FIR. It is not necessary that only the victim of the crime should file an FIR. FIRs can be registered by a victim, a witness or any other person who has knowledge of the crime. A police officer who comes to know about a cognizable offence can also file an FIR himself/herself.
This question was asked in MPSC Judicial Magistrate First Class (JMFC) PRE 2016 exam. And the final answer key has option 2 as the correct answer.
Q. 304 Right of the accused to keep silent is a-
- 1. Civil right
- 2. Statutory right
- 3. Fundamental right
- 4. Human right
It’s a Fundamental Right under Article 20(3).
The right to silence of the accused in India emanates from Article 20(3) of the Constitution which states that no one can be compelled to be a witness against himself.
Q. 305 Which of the following statements regarding 'Election Commission of India' (ECI) is/are correct:
- 1. It is an independent body that conducts elections for all three tiers of the government.
- 2. The constitution does not specify the term of the members of the commission.
- 3. Both 1 and 2
- 4. Neither 1 nor 2
-Election Commission is not concerned with the elections to panchayats & municipalities in the states. For this, the Constitution of India provides for the formation of separate State Election Commissions.
-Article 324- Elections to the Parliament, State legislatures, the office of President & Vice-President shall be vested in the Election Commission. Thus, the Election Commission is an all-India body in the sense that it is common to both the Central government and the state governments.
Q. 306 With reference to the process of amendment of the Indian Constitution, which of the following statement(s) is/are correct?
- 1. A Bill to amend Constitution requires prior assent of President before being introduced in House.
- 2. All provisions regarding the amendment of the Constitution come under Article 368.
- 3. Both 1 and 2
- 4. Neither 1 nor 2
Statement 1 is incorrect: A bill for amendment of the Constitution does not need prior permission of the President. It can be introduced in either house of Parliament, by either a minister or a private member, but it cannot be introduced in the State Legislature.
Statement 2 is incorrect: A number of provisions in the Constitution can be amended by a simple majority of the two houses of Parliament, and are outside the scope of Article 368. Some of these are - formation of new states and alteration of name, areas and boundaries of existing states, Citizenship, election to Parliament and State Legislatures, Delimitation of Constituencies etc.
The procedure for amendment of the Constitution has been laid down in Article 368. But some other articles provide for the amendment of the Constitution by a simple majority of the Parliament.
Therefore, there are three ways by which the Constitution can be amended.
● By simple majority of Parliament
● By special majority of Parliament
● By special majority of Parliament and the ratification of half of the State legislatures.
Q. 307 'A' keeping bait in the pocket, dishonestly induced a dog of 'R' to go with him, thus he took away the dog out of possession of 'B'. What offence, if any, has A committed?
- 1. Criminal force
- 2. Abduction
- 3. Theft
- 4. No offence
Q. 308 When a person dies intestate without any heir, his property vests in:
- 1. His wife or the eldest son
- 2. His relatives though they are not his legal heirs
- 3. The one who took his care during his last days
- 4. The 'state' (Government) by escheat
When a person dies intestate and without heirs, then the property could escheat to the state.
Majority has marked Option 1 as the answer, but when it’s already given in the question that the person has died without any heir, then option 1 should easily get eliminated. Tricky one, right? 😉
Q. 309 A panel headed by K. KASTURIRANGAN had submitted the draft of National Education Policy in December 2018. K. KASTURIRANGAN is a-
- 1. Former Justice of the Supreme Court
- 2. Former Education Minister of India
- 3. Former Chairman of UGC
- 4. Former ISRO Chief
Q. 310 Which one of the following statements is correct?
- 1. Every culpable homicide is murder
- 2. Death caused by negligent act is murder
- 3. Every murder is culpable homicide
- 4. Death caused in a sudden fight is murder
Q. 311 'Vigilante Justice' is taking of law in one’s own hand regardless of legal mandate. Which amongst the following is vigilante justice?
- 1. Remit of death sentence by President of India
- 2. Death sentence awarded to a rape accused by session judge
- 3. Encounter of ‘rape accused’ by police
- 4. All of the above
Going by the definition of vigilante justice dubious ‘police encounters’ can be termed as Vigilante justice as the mandate regarding the legality of these encounters might be debatable and should be decided democratically and constitutionally. Other options regarding actions of session judge is not vigilante justice as he/she is legally mandated to award death sentence or capital punishment under the due process of law. Similarly, remittance of death sentence by President of India is out of the context of vigilante justice.
Q. 312 Which of the following can be considered as a 'unitary feature' of the Indian federal system?
- 1. Supremacy of Constitution
- 2. Independent judiciary
- 3. Division of Power
- 4. Emergency provisions
During an emergency, the Central government becomes all powerful and the states go into the total control of the Centre. It converts the federal structure into a unitary one without a formal amendment of the Constitution. This kind of transformation is not found in any other federation.
Q. 313 Which of the following is not a defamation?
- 1. A says ironically, 'Z is an honest man, he never stole B's watch', intending to believe otherwise
- 2. A at hearing of case in good faith argued Z's evidence is so contradictory that he must be stupid
- 3. A says at hearing, "I don't believe what Z stated because I know him to be a man without veracity
- 4. A drew a picture showing Z running with B's watch intending to be believed that Z stole B's watch
Q. 314 Which of the following does not fall within the meaning of the 'State' under Article 12 of the Indian Constitution?
- 1. High Court
- 2. District Boards
- 3. Life Insurance Corporation of India (LIC)
- 4. Panchayats
Article 12 has defined the term for the purposes of Part III. According to it, the State includes the following:
(a) Government and Parliament of India i.e. executive and legislative organs of the Union government.
(b) Government and legislature of states i.e. executive and legislative organs of state government.
(c) All local authorities i.e. municipalities, panchayats, district boards, improvement trusts, etc.
(d) All other authorities i.e. statutory or non-statutory authorities like LIC, ONGC, SAIL, etc.
Thus, State has been defined in a wider sense so as to include all its agencies. It is the actions of these agencies that can be challenged in the courts as violating the Fundamental Rights. According to the Supreme Court, even a private body or an agency working as an instrument of the State falls within the meaning of the ‘State’ under Article 12.
High Court does not come under article 12 of Indian constitution.
Q. 315 If a woman sentenced to death is found pregnant, the execution of the sentence can be postponed by-
- 1. Governor of the state
- 2. Judicial Magistrate of First Class (JMFC)
- 3. Sessions Court
- 4. High Court
Section 416 in The Code Of Criminal Procedure, 1973- Postponement of capital sentence of pregnant woman: If a woman sentenced to death is found to be pregnant, the High Court shall order the execution of the sentence to be postponed, and may, if it thinks fit, commute the sentence to imprisonment for life.
Q. 316 The resolution for removing the Vice-President of India can be moved in:
- 1. Lok Sabha only
- 2. Rajya Sabha only
- 3. Either of the two houses of the Parliament
- 4. Joint sitting of both houses of the Parliament
Q. 317 A contract of insurance is a-
- 1. Contract of guarantee
- 2. Contract of agency
- 3. Contract of indemnity
- 4. All of the above
The term ‘indemnity’ literally means “Security against loss”. In a contract of indemnity one party – i.e. the indemnifier promises to compensate the other party i.e. the indemnified against the loss suffered by the other.
The definition of a contract of indemnity as laid down in Sec. 124 of the Indian Contract Act, 1872 - “A contract by which one party promises to save the other from loss caused to him by the conduct of the promisor himself, or by the conduct of any other person, is called a contract of indemnity. Every contract of insurance, other than life insurance, is a contract of indemnity. The definition is restricted to cases where loss has been caused by some human agency.
Q. 318 Making or publishing any imputation on someone who is dead-
- 1. Is not an offence
- 2. Amounts to an offence of defamation
- 3. Amounts to defamation of his family members
- 4. Is a civil wrong
Q. 319 Mr. Praveen was denied entry for a walk-in interview in a company preparing beverages favouring only certain religion following people to apply for job. In India, what legal protection Mr. Praveen is entitled to?
- 1. There is no legal protection as there is no provision regarding discrimination by a private entity.
- 2. He can move to court for protection from discrimination according to Art. 15 of the constitution.
- 3. He can report to the police about being denied by private company on pretext of different faith.
- 4. Both 1 and 2
The discrimination in matters of employment is protected only against the State and not the private entity according to Article 16 of the Indian Constitution.
Q. 320 What is the period of limitation for filing a writ petition in High Court?
- 1. 30 days
- 2. 90 days
- 3. 1 year
- 4. No specific time limitation
Q. 321 Which of the following statements regarding the pardoning power of the President are correct?
- 1. The President can pardon death sentence given against both Union and State laws.
- 2. It is executive in nature.
- 3. Both 1 and 2
- 4. Neither 1 nor 2
Q. 322 With reference to the 'Right to Constitutional Remedies', which of the following statements is/are correct?
- 1. The right to move Supreme Court can be suspended by President under special circumstances.
- 2. The High Court has the power to refuse exercising its writ jurisdiction.
- 3. Both 1 and 2
- 4. Neither 1 nor 2
Statement 1 is correct: The right to move the Supreme Court can be suspended by the President during a national emergency (Article 359).
Statement 2 is correct: The remedy under Article 32 is a fundamental right in itself hence, the supreme court cannot refuse to exercise its writ jurisdiction. On the other hand, a remedy under Article 226 is discretionary and hence, a high court may refuse to exercise its writ jurisdiction. However, Court Martial i.e. the tribunals established under the military law have been exempted from the writ jurisdiction of the Supreme Court and the high courts via article 33.
Q. 323 Written defamation is called "libel," while spoken defamation is called "_______".
- 1. Flattery
- 2. Slime
- 3. Slander
- 4. Calumny
Q. 324 Which provision of the 'CrPC' provides protection against double jeopardy?
- 1. Section 20
- 2. Section 305
- 3. Section 300
- 4. Section 203
Article 20(2) of the Indian Constitution provides protection against double jeopardy, not Section 20 of CrPC.
Section 300 of the 'CrPC' provides protection against double jeopardy.
Q. 325 'Amit', a Citizen of India committed offence in Uganda and came back & is arrested in India. Under what law and where is he to be tried?
- 1. In Uganda as the law of that country
- 2. In India according to the provisions of the Indian Penal Code
- 3. In Uganda according to the provisions of the Indian Penal Code
- 4. In India as per the law of Uganda
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