Assistant Public Prosecutor Gr.II 326/2017 Answer Key 01/2019

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Post: Assistant Public Prosecutor Gr.II
Department: Kerala State Assistant Public Prosecutors Service
Category Code: 326/17
Question Paper: 01/19
Qualification: Graduate in Law
Date of Test: 22-01-2019


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  1. ‘Right to education’ was inserted in Part III of the constitution by :
    • 86th Amendment Act 2002
    • 85th Amendment Act 2001
    • 82nd Amendment Act 2000
    • none of these

  2. The right guaranteed under Article 32 can be suspended :
    • by the Parliament
    • by the State Legislature
    • by the Supreme Court of India
    • When the proclamation of emergency is in operation

  3. The doctrine of ‘double jeopardy’ in Article 20(2) means :
    • One can be tried and punished for the same offence several times
    • Punishment once awarded cannot be enhanced in appeal or revision
    • One can be tried more than once but punished only once
    • No one can be tried and punished more than once for the same offence

  4. Article 13(2) :
    • includes law amending the constitution
    • states that state shall not make any law which takes away or abridges the fundamental rights
    • does not include a law amending the constitution
    • none of these

  5. Article 14 guarantees equality before law and equal protection of law to :
    • All Indian citizens living in India
    • All persons domiciled in India
    • All persons living within the territory of India
    • All persons natural and artificial

  6. The feature ‘power of judicial review’ is borrowed from which of the following country?
    • Canada
    • USA
    • UK
    • Ireland

  7. The term of President expires :
    • Five years from the date of entering to the office
    • Five years from the date of declaring the results
    • Four years from the date of entering the office
    • Till the life time

  8. The power to dissolve the Loksabha is vested with :
    • Speaker of Loksabha
    • Council of Ministers
    • President of India on the advise of Prime Minister
    • Governors of the union territories

  9. The power of the President to issue an ordinance is :
    • executive power
    • legislative power
    • constituent power
    • quasi judicial power

  10. Treaty making power is conferred upon :
    • The Parliament
    • Prime Minister of India
    • The President of India
    • President of India but is subject to ratification by the Parliament

  11. Article 361 of the constitution of India guarantees the privilege to the President of India that, he shall :
    • only be answerable to the Chief Justice of India
    • not participate in Parliamentary proceedings
    • not answerable to any court proceedings during the term of his office
    • address both the Houses of Parliament at the time of joint session

  12. Representation of House of people is based on :
    • population
    • area of state
    • community
    • literacy rate

  13. An Ordinary Bill becomes a law :
    • when it is passed by both the Houses and gets the assent of the President
    • as soon as it is passed by the House in which it originated
    • as soon as it is passed by the both the Houses
    • none of these

  14. Article 155-156 of the Indian constitution deal with :
    • President’s power to appoint and dismiss Governor
    • Inter-state Relations
    • Legislature Councils
    • Election Commission

  15. The maximum interval between the two sessions of each House of the Parliament :
    • Three months
    • Six months
    • 9 months
    • 1 year

  16. Minimum age of a person to become a member of a Legislative Council :
    • 40 yrs
    • 35 yrs
    • 30 yrs
    • 25 yrs

  17. While the proclamation of emergency is in operation the State Government :
    • cannot legislate
    • can legislate on the subject of state list
    • can legislate only on lists in concurrent list
    • is suspended

  18. Part XVIII of the Indian Constitution provides for the declaration of :
    • National Emergency
    • State Emergency
    • Financial Emergency
    • All these

  19. The First Constitutional Amendment was challenged in :
    • Sankari Prasad v. Union of India
    • Sajjan Singh v. State of Rajasthan
    • A.K. Gopalan v. State of Madras
    • Golaknath v. State of Punjab

  20. The provision for amending the constitution is given in :
    • Part XIX Article 356
    • Part XX Article 356
    • Part XX Article 368
    • Part XIX Article 368

  21. Complaint as provided under Section 2(d)of Cr. P.C. :
    • can be to a Police Officer only
    • can be to a Magistrate only
    • both "can be to a Police Officer only" and "can be to a Magistrate only"
    • can be to the High Court

  22. In a bailable offence, the bail is granted as a matter of right :
    • by the police officer
    • by the court
    • by the police officer or the court
    • none of these

  23. Offences other than those mentioned in Section 320 of Cr. P.C. are :
    • Compoundable with the permission of the Court
    • Compoundable by the court of Sessions
    • Compoundable by the High Court
    • Not Compoundable

  24. The issuance of summons to a person to produce a document under Section 91 of Cr. P.C. is :
    • mandatory
    • declaratory
    • discretionary
    • none of these

  25. The investigating officer under Section 160 Cr. P.C. cannot require the attendance of a male at a place other than the place of his residence, who is :
    • Under the age of 15 yrs
    • Under the age of 16 yrs
    • Under the age of 18 yrs
    • Under the age of 21 yrs

  26. A declaration of forfeiture under Section 95 of Cr. P.C. can be set aside by :
    • High court
    • Court of sessions
    • Chief Judicial Magistrate
    • Magistrate issuing the warrant

  27. A person can be summoned as a witness under Section 160 of Cr. P.C. by :
    • The station House officer
    • Investigating officer
    • Any police officer
    • Any of these

  28. A refusal to answer questions put to a witness under Section 161 Cr. P.C. is an offence under :
    • Section 176 I.P.C.
    • Section 179 I.P.C.
    • Section 187
    • none of these

  29. The Magistrate records the confession of an accused or a statement of a witness during investigation under :
    • Section 164 Cr. P.C.
    • Section 281 Cr. P.C.
    • Section 162 Cr. P.C.
    • Chapter XXIII of Cr. P.C.

  30. FIR given by the accused can be used :
    • for the corroboration of the accused
    • for contradiction of the accused
    • as an admission if the same is non confessional
    • against the accused as if confession

  31. Section 162 Cr. P.C. prohibits a statement from being used in evidence made in the course of :
    • inquiry
    • investigation
    • trial
    • either inquiry or investigation

  32. Under Section 167 Cr. P.C. the longest period for which an accused can be remanded to police custody is :
    • fifteen days
    • ten days
    • fourteen days
    • 28 days

  33. A detention of the accused for a total period of 90 days during investigation can be ordered by the Magistrate, in cases where the offence committed is :
    • punishable for a term not less than 10 years
    • with imprisonment for life
    • punishable with death penalty
    • all these

  34. Section 125 Cr. P.C. is applicable to :
    • Hindus
    • Muslims
    • Christians
    • All persons belonging to all religions

  35. The Muslim women (Protection of Rights on Divorce) Act, 1986 deals with :
    • Claim of maintenance by a Muslim woman
    • Claim of maintenance by a Muslim divorced woman
    • Claim of maintenance by the children of such divorced Muslim woman
    • Both "Claim of maintenance by a Muslim divorced woman" and "Claim of maintenance by the children of such divorced Muslim woman"

  36. Amount of maintenance under Section 125 Cr. P.C. is :
    • 500 per month
    • 1000 per month
    • 5000 per month
    • without any limit

  37. It is mandatory to produce the person arrested before the Magistrate, within 24 hours of the arrest, under :
    • Section 56 Cr. P.C.
    • Section 57 Cr. P.C.
    • Section 58 Cr. P.C.
    • Section 59 Cr. P.C.

  38. Special summons under Section 206 of Cr. P.C. can be issued by :
    • Court of Sessions
    • Magistrate only
    • Both "Court of Sessions" and "Magistrate"
    • The High Court

  39. Penalty under surety bond :
    • Can not be remitted
    • Can be remitted in full
    • Can be remitted in part only
    • Can be remitted in part or in full

  40. Under Section 315 Cr. P.C. :
    • an accused can not be a witness
    • an accused can be compelled to give his own evidence
    • an accused can be called as a witness only on his own request in writing
    • either "an accused can not be a witness" or "an accused can be compelled to give his own evidence"

  41. Relevancy is :
    • question of law and can be raised at any time
    • question of law but can be raised at the first opportunity
    • question of law which can be waived
    • question of procedure which can be waived

  42. Admissions by agents are :
    • admissible in civil proceedings under all circumstances
    • admissible in civil proceedings only if the agent has authority to make admissions
    • never admissible in criminal proceedings
    • both "admissible in civil proceedings only if the agent has authority to make admissions" and "never admissible in criminal proceedings"

  43. Plea of alibi is governed by :
    • Section 6
    • Section 8
    • Section 11
    • Section 12

  44. A dying declaration to be admissible :
    • must be made before a Magistrate
    • must be made before the police officer
    • may be made before a doctor or any other person
    • all these

  45. Secondary evidence of a document is admissible as a substitute for :
    • admissible primary evidence
    • inadmissible primary evidence under certain circumstances
    • inadmissible primary evidence under all circumstances
    • both "admissible primary evidence" and "inadmissible primary evidence under certain circumstances"

  46. For presumption of death under Section 108 of the Evidence Act, the person is shown to be not heard for a period of :
    • 3 yrs
    • 7 yrs
    • 12 yrs
    • 30 yrs

  47. The doctrine of estoppel is a :
    • rule of equity
    • substantive law
    • law of pleadings
    • rule of evidence
    Question Error

  48. An accomplice is a person :
    • Who is a prefended confedrate
    • Who is an informer as to the commission of crime
    • Who participates in the commission of the crime for which the accused has been charged
    • All these

  49. Leading questions can be asked during :
    • Examination in chief
    • Re-examination
    • Cross examination
    • All these

  50. The presumption under Section 41 of the Evidence Act is a :
    • Rebuttable presumption of law
    • Irrebuttable presumption of law
    • Presumption of fact
    • Presumption of fact and law

  51. Confession of one accused is admissible against co-accused :
    • If they are tried jointly for the same offences
    • If they are tried jointly for different offences
    • If they are tried for the same offences but not jointly
    • If they are tried for different offences and not jointly

  52. Presumption as to the digital signature of the electronic record in proper custody arises if the electronic record produced is :
    • 20 yrs old
    • 18 yrs old
    • 10 yrs old
    • 5 yrs old

  53. In case of will, the period of thirty years shall run :
    • from the date of the will
    • from the date of death of testator
    • from the date of registration of will
    • any of these

  54. Maxim ‘omnia proesumuntur rite esse acta’ means :
    • all acts are presumed to be rightly done
    • all acts are presumed to be wrongly done
    • all acts are presumed to be rightly done unless otherwise proved
    • none of these

  55. A dumb person is a competent witness as provided under :
    • Section 117 of Evidence Act
    • Section 118 of Evidence Act
    • Section 119 of Evidence Act
    • Section 120 of Evidence Act

  56. Section 121 of the Evidence Act provides for privilege in respect of :
    • husband and wife
    • judges and magistrates
    • affairs of the state
    • official communication

  57. The evidence unearthed by a sniffer dog falls under :
    • oral evidence
    • documentary evidence
    • hearsay evidence
    • scientific evidence

  58. Opinions of experts are relevant :
    • Under Section 45 Evidence Act
    • Under Section 48 Evidence Act
    • Under Section 50 Evidence Act
    • Under Section 52 Evidence Act

  59. Presumptions under the law of evidence are :
    • Presumptions of facts
    • Presumptions of law
    • Both Presumptions of facts" and "Presumptions of law"
    • Only "Presumptions of law" not "Presumptions of facts"

  60. Section 13 Evidence Act applies to :
    • corporal rights
    • incorporal rights
    • both corporal and incorporal rights
    • neither corporal rights nor incorporal rights

  61. How many types of punishments have been prescribed under the Indian Penal Code?
    • Three
    • Four
    • Five
    • Six

  62. Section 73 IPC provides for the maximum limit of solitary confinement to be :
    • One year
    • Two yrs
    • 6 months
    • Three months

  63. General exceptions are contained in :
    • Chapter III of IPC
    • Chapter IV of IPC
    • Chapter V of IPC
    • Chapter VI of IPC

  64. The maxim ‘ignorantia juris non excusat’ means :
    • Ignorance of law is no excuse
    • Ignorance of fact is no excuse
    • Ignorance of law is an excuse
    • Ignorance of fact is an excuse

  65. ‘Infancy’ as an exception has been provided :
    • Section 81
    • Section 82
    • Section 83
    • Section 84

  66. The doctrine volenti non fit injuria is contained in :
    • Section 87
    • Section 88
    • Section 89
    • All these

  67. Abettor is a person :
    • Who commits the offence
    • Who instigates the commission of offence
    • Against whom the offence is committed
    • Who is innocent

  68. For an ‘unlawful assembly’ under Section 141 IPC, the minimum number of persons required is :
    • five
    • seven
    • ten
    • twenty

  69. For an ‘affray’ under Section 159 IPC the minimum number of persons required is :
    • two
    • four
    • five
    • seven

  70. Culpable homicide has been defined under :
    • Section 299
    • Section 300
    • Section 302
    • Section 304

  71. During a scuffle between A and B, A gave a blow on the face of B and consequently two teeth of B' were broken. In these circumstances A has committed an offence of causing :
    • hurt
    • culpable homicide not amounting to murder
    • grievous hurt
    • no offence at all

  72. Robbery becomes dacoity when committed conjointly by :
    • two persons
    • more than two but less than five
    • five persons or more
    • at least

  73. Immovable property can be the subject matter of :
    • theft
    • extortion
    • robbery
    • dacoity

  74. The essential ingredients of crime are :
    • actus reus and mens rea
    • motive, mens rea, actus reus
    • knowledge, intention, action
    • motive, intention and knowledge

  75. Section 511 does not apply in case of :
    • Attempt of theft
    • Attempt of murder
    • Attempt of riot
    • Attempt of affray

  76. Z dies in possession of some money and other assets. His servant P misappropriates it before the money comes into the possession of any person entitled to such possession. X has committed an offence of :
    • Section 402
    • Section 404
    • Section 406
    • Section 408

  77. A knows that B is suffering from a disease and he gives a blow on his head likely to cause death. As a result B dies. A is :
    • guilty of culpable homicide not amounting to murder
    • guilty of murder
    • guilty of causing hurt
    • guilty of no offence

  78. X ordered Y to beat Z. Y refuses. Now :
    • X has committed abetment and Y has committed no offence
    • X has committed abetment and Y assaulted Z
    • X and Y have committed no offence
    • none of these

  79. Kidnapping from the lawful guardianship under Section 361 IPC can be :
    • of a person under sixteen years of age if male
    • of a person under eighteen years of age if a female
    • of a person of unsound mind
    • all these

  80. X gave poisoned halwa to Y with an intenstion to kill him. Y kept it aside and Z who came there picked it up and ate it. Z died.
    • X is guilty of murder of Z
    • X is not guilty of murder of Z
    • X is guilty of culpable homicide not amounting to murder
    • X is guilty neither of murder nor of culpable homicide as he never intended to kill Z

  81. Ayyankali met Sreenarayana guru at __________.
    • Eraviperoor
    • Balaramapuram
    • Thiruvalla
    • Guruvayoor

  82. Who translated the speeches of Kamaraj from Tamil to Malayalam whenever he visited Malabar?
    • Arya Pallam
    • Lalitha Prabhu
    • Anna Chandi
    • A.V. Kuttimalu Amma

  83. Who founded ‘Kallyanadayini Sabha’ at Aanapuzha?
    • Pandit K.P. Karuppan
    • Thycaud Ayya
    • V.T. Bhattathirippad
    • Vagbhadananda

  84. ‘Vicharaviplavam’ is the work of __________.
    • N. Krishnapillai
    • E.V. Krishnapillai
    • Kuttipuzha Krishnapillai
    • Changampuzha Krishnapillai

  85. William Tobias Ringeltaube is related to __________.
    • London Mission Society
    • Senana Missionary
    • Church Mission Society
    • Basel Evangalical Missionary

  86. The state bird of Rajasthan :
    • Peacock
    • Northern goshawk
    • The great Indian Bustard
    • Parrot

  87. Who won the Nobel Prize for literature in 2017?
    • Kazuo Ishiguro
    • Alice Munro
    • Patrick Modiano
    • Bob Dylan

  88. Saina Nehwal is related to :
    • Volleyball
    • Chess
    • Hockey
    • Badminton

  89. Who introduced the idea ‘Late Capitalism’?
    • Earnest Mandel
    • Marshall
    • Malthus
    • Keynes

  90. International Mother language day is on :
    • 23rd April
    • 1st July
    • 22nd April
    • 21st February

  91. Some of the questions ___________ too difficult to comprehend.
    • were
    • was
    • is
    • wasn’t

  92. A good teacher should be well acquainted __________ his/her subject.
    • about
    • on
    • to
    • with

  93. I saw __________ one-eyed man at the bus-stop, today.
    • an
    • the
    • a
    • no article

  94. He entered the room __________ and took his seat.
    • quite
    • quietly
    • quiet
    • quitely

  95. The majority of the students admitted during this academic year are __________.
    • industrial
    • industrious
    • illustrious
    • none of them

  96. Edison said that he __________ try again to establish his finding.
    • will
    • shall
    • would
    • can

  97. Vineetha is __________ than her sisters, Renu and Seema.
    • older
    • junior
    • superior
    • elder

  98. I am a grammarian, __________.
    • isn’t it
    • amn’t I
    • aren’t I
    • am I

  99. Which is the one-word substitute for the expression, ‘a government by a ruler who has unlimited power’?
    • plutocracy
    • bureaucracy
    • democracy
    • autocracy

  100. ‘To be in the red’ means __________.
    • to be in debt
    • to be in danger
    • to be careful
    • to be in confusion

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