Uttar Pradseh Assistant Prosecution Officer (Pre. ) Exam., 2015
Law (Part-II) Solved Paper (Held on : 26-7-2015)
1. In which one of the following Sections of I.P.C., "Kidnapping or maiming a minor for begging" has been discussed ?
(A) Section 363 (B) Section 364 (C) Section 363-A (D) Section 364-A (Ans : C)
2. How many kinds of hurts are grievous hurt under Section 320 of I.P.C. ?
(A) 6 (B) 7 (C) 8 (D) 9 (Ans : C)
3. Which one of the following is a continuing offence?
(A) Abetment (B) Rape (C) Abduction (D) Theft (Ans : C)
4. Which of the following is not matched correctly under Indian Penal Code?
(A) Thug – Section 309 (B) Counterfeiting coins – Section 231 (C) Bribery – Section 171-B (D) Gender – Section 8 (Ans : A)
5. 'A', having insured his shop, voluntarily causes fire to his shop, intending to realize insured money from the insurance company. 'A' has committed–
(A) Mischief (B) Cheating (C) Extortion (D) None of the above (Ans : A)
6. Read the following–
1. The maxim" Actus me invito factus non est mens acts" finds application in Section 94 of I.P.C.
2. The maxim "diminimis non curat lex" has been incorporated in Section 95 of I.P.C.
Of the above–
(A) 1 is true but 2 is false. (B) 1 is false but 2 is true. (C) Both 1 and 2 are true. (D) Both 1 and 2 are false. (Ans : C)
7. 'A' is at work with a hatchet, the head flies off and kills a man who is standing nearby. "A' is guilty of–
(A) Murder (B) Culpable homicide not amounting to murder. (C) Grievous hurt (D) No offence (Ans : B)
8. 'X' having sufficient food, does not provide some food to a beggar; who dies of hunger. 'X' is guilty of–
(A) No offence (B) Attempt to murder (C) Murder (D) Culpable homicide not amounting to murder (Ans : A)
9. Read the following–
1. Indian Courts have jurisdiction to try crime committed by an Indian in a foreign country.
2. Indian Courts do not have jurisdiction to try crime committed by a foreigner in India.
Of the above–
(A) 1 is true but 2 is false. (B) 1 is false but 2 is true. (C) Both 1 and 2 are true. (D) Both 1 and 2 are false. (Ans : A)
10. Read the following–
1. R. Vs. Mcnaughten is the case related with insanity as a defence.
2. R. V s. Govinda is the case related with common intention.
Of the above–
(A) 1 is true but 2 is false. (B) 1 is false but 2 is true. (C) Both 1 and 2 are true. (D) Both 1 and 2 are false. (Ans : A)
11. Read the following–
1. R. Vs. Dudley & Stephens is the case related with necessity.
2. State Vs. K. M. Nanawati is the case related with murder on grave and sudden provocation.
Of the above–
(A) 1 is true, but 2 is false. (B) 1 is false, but 2 is true. (C) Both 1 and 2 are true. (D) Both 1 and 2 are false. (Ans : C)
12. 'X' on receiving grave and sudden provocation from '2', intentionally causes the death of 'Y', who is brother of '2', 'X' has committed the offence of–
(A) Murder (B) Culpable homicide not amounting to murder (C) Grievous hurt (D) Attempt to murder (Ans : A)
13. 'A' finds a ring lying on the high-road not in the possession of any person. He keeps it to himself. 'A' has committed–
(A) Theft (B) Criminal misappropriation (C) Criminal breach of trust (D) None of the above (Ans : D)
14. 'A' cuts down a tree on B's land with the intention of dishonestly taking the true out of B's possession without B's consent. A has committed–
(A) No offence until the tree is taken away. (B) The offence of criminal misappropriation of property.
(C) The offence of criminal breach of trust. (D) The offence of theft. (Ans : D)
15. 'A', claiming to be a family planning expert gave 'X' some chemical. After consuming the chemical, the child in the womb of 'X' die in the womb. 'A' has committed–
(A) No offence (B) Offence of murder (C) Offence of culpable homicide not amounting to murder (D) Offence of causing miscarriage (Ans : D)
16. Shatrughan Chauhan Vs. Union of India (2014) 3 S.C.C. 1 is the case related to–
(A) Giving false evidence before the court (B) Waging war against the state
(C) Commutation of death sentence to life imprisonment (D) None of the above (Ans : C)
17. In which of the following cases, recently the Supreme Court has upheld the constitutional validity of a criminal statute in "offences against the order of the nature" ?
(A) National Legal Services Authority Vs. Union of India (B) Charu Khurana Vs. Union of India
(C) Jaya Bhaduri Vs. Union of India (D) Suresh Kumar Kaushal Vs. Naz Foundation (Ans : D)
18. 'A' sought to appear at the B. A. examination on the basis of forged marksheet of Intermediate. But forged marksheet was detected before the commencement of examination. 'A' is guilty of–
(A) Cheating (B) Attempt to cheat (C) Criminal breach of trust (D) None of the above (Ans : B)
19. Robbery is dacoity when the minimum number of persons committing robbery is–
(A) 10 persons (B) 5 persons (C) 6 persons (D) 4 persons (Ans : B)
20. 'A' intentionally pulls up a woman's veil in order to annoy her. 'A' commits–
(A) Wrongful restraint (B) Assault (C) Criminal force (D) Defamation (Ans : C)
21. Which Section of I.P.C. provide for "imprisonment for non-payment of fine, when offence punishable with fine only" ?
(A) Section 63 (B) Section 64 (C) Section 67 (D) None of the above (Ans : C)
22. Which of the following Section of I.P.C. provide for solitary confinement of an convict?
(A) Section 71 (B) Section 72 (C) Section 73 (D) None of the above (Ans : C)
23. In which of the following offences, guilty intention is not an essential element?
(A) Murder (B) Theft (C) Robbery (D) Bigamy (Ans : D)
24. When two or more persons fight in a public place and commit breach of peace, they commit–
(A) Riot (B) Robbery (C) Affray (D) No offence (Ans : C)
25. "Any such fact which possesses probative force, is called evidence. " This definition belongs to–
(A) Salmond (B) Stephen (C) Phipson (D) Bentham (Ans : A)
26. Who can make an admission under the Indian Evidence Act?
(A) Person from whom interest derived (B) An independent person (C) Witness to a proceeding (D) The Court (Ans : A)
27. Which, among the following is not a 'public document' ?
(A) Arrest warrant (B) Charge-sheet (C) Postmortem Report (D) A registered sale deed (Ans : C)
28. Electronic records were included in Section 3 the Evidence Act w.e. from–
(A) 17 October, 2000 (B) 10 October, 2000 (C) 2 October, 2000 (D) 14 November, 2000 (Ans : A)
29. Match List-I and List-II and find out the correct answer according to code given below the lists.
List-I
(a) Document (b) Primary Evidence (c) Secondary Evidence (d) Oral Evidence
List-II
1. Section 3 2. Section 62 3. Section 63 4. Section 60
Codes:
(a) (b) (c) (d)
(A) 2 3 1 4
(B) 1 2 3 4
(C) 3 2 1 4
(D) 2 1 4 3 (Ans : B)
30. Which Section of Evidence Act deals with rule of res gestae?
(A) Section 7 (B) Section 9 (C) Section 10 (D) Section 6 (Ans : D)
31. For an offence under Section 376 I.P.C., evidence of character of the victim is not relevant under which Section of the Evidence Act?
(A) Section 53-A (B) Section 114-A (C) Section 53 (D) Section 119 (Ans : A)
32. 'Presumption of Life' is contained in which of following Section of the Indian Evidence Act?
(A) Section 108 (B) Section 106 (C) Section 104 (D) Section 107 (Ans : D)
33. Which one of the following Section of the Indian Evidence Act, gives effect to the principle that "possession is the prima facie evidence of a complete title" ?
(A) Section 110 (B) Section 112 (C) Section 113 (D) Section 114 (Ans : C)
34. Under which Section of Evidence Act continuous cohabitation for a number of years may raise the presumption of marriage?
(A) Section 112 (B) Section 50 (C) Section 114 (D) None of the above (Ans : D)
35. Which Section of the Indian Evidence Act provides that no particular number of witnesses shall in any case be required for the proof of any fact?
(A) Section 135 (B) Section 134 (C) Section 136 (D) Section 132 (Ans : B)
36. Which one of the following Sections of the Indian Evidence Act provides provision relating to 'refreshing memory' ?
(A) Section 161 (B) Section 160 (C) Section 159 (D) Section 158 (Ans : C)
37. Which Section of Indian Evidence Act makes the provision that there shall be no new trial on the ground of improper admission or rejection of evidence?
(A) Section 166 (B) Section 167 (C) Section 165 (D) Section 161 (Ans : B)
38. A plea of alibi–
(A) Is a special exception under I.P.C. (B) Is a general exception under I.P.C.
(C) Is only a rule of evidence recognized in S.11 of Evidence Act (D) None of the above (Ans : C)
39. A 'dying declaration' can be–
(A) Oral (B) In writing (C) In any adequate method of communication (D) All the above (Ans : D)
40. A witness unable to speak, gives evidence by signgestures in open court. Such evidence is–
(A) Oral evidence (B) Secondary evidence (C) Special evidence (D) Circumstantial evidence (Ans : A)
41. Under Evidence Act, value of medical evidence–
(A) Is only corroborative (B) Is conclusive (C) Is of no assistance
(D) Is conclusive even if contrary to credible and trustworthy evidence of eye-witness (Ans : A)
42. Facts alleged by one party and denied by the other in a case is termed as–
(A) Negative facts (B) Relevant facts (C) Facts in issue (D) Positive facts (Ans : C)
43. Assertion (A) : Proviso to Section 132, Evidence Act is a facet of rule' against self incrimination'.
Reason (R) : Policy of Section 132, Evidence Act is to procure evidence for doing justice.
Of the above–
(A) Both (A) and (R) are true and (R) is correct explanation of (A) (B) Both (A) and (R) are true, but (R) is not correct explanation of (A)
(C) (A) is true, but (R) is false (D) (A) is false, but (R) is true (Ans : A)
44. Under Section 45 of the Evidence Act, the opinion of the expert cannot be sought for–
(A) Foreign law (B) Science or Art (C) Indian law (D) Finger impression (Ans : C)
45. In which of the following cases, constitutional validity of Section 27 of the Indian Evidence Act was challenged on the basis of being violative of Art. 20(3) of the Constitution?
(A) State of U.P. Vs. Deoman Upadhyay (B) State of Bombay Vs. Kathikalu
(C) Inayatullah Vs. State of Maharashtra (D) Nandini Satpathi Vs. P.L. Dhani (Ans : B)
46. R.M. Malkani Vs. State of Maharashtra, (A.I.R. 1973 SC 157) deals with admissibility of–
(A) Tape recorded evidence (B) Admission made to public (C) Expert opinion (D) Hearsay evidence (Ans : A)
47. Case of Sharad Chandra Dey Vs. Gopal Chandra Laha is concerned with–
(A) Confession (B) Conspiracy (C) Presumption (D) Estoppel (Ans : D)
48. A is accused of the murder of B. At his trial which of the following facts may be in issue?
1. A caused B's death. 2. A is an honest person. 3. A had received grave and sudden provocation from B. 4. A was awarded for social services.
Select correct answer–
(A) 1 and 2 (B) 1 and 3 (C) 1, 2 and 3 (D) 1, 2, 3 and 4 (Ans : B)
49. Section 112 of the Indian Evidence Act–
(A) Creates a legal friction (B) Does not provide for presumption
(C) Provides for conclusive presumption which can be rebutted by D.N.A. test
(D) Provides for conclusive test not rebuttable in any case (Ans : D)
50. Under which section of Cr. P.C., court has discretionary power to summon any person as a wit- ness?
(A) Section 311 (B) Section 319 (C) Section 311-A (D) Section 313 (Ans : A)
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