1.Where any period is fixed or granted by the Court for doing any act prescribed or allowed by the Code of Civil Procedure, 1908, under Section 148 of the said Code, Court may enlarge such period not exceeding________
A) 14 days at a time.
B) 30 days at a time.
C) 30 days in total.
D) 60 days in total.
Ans.C
Sol.
- Sections 148 to 153-B of CPC deal with inherent powers of courts.
S.148 – Enlargement of Time - Section 148 deals with the question of enlargement of time once fixed by the Court for doing of any act.
- Section 148 provides that where any period is fixed or granted by the court for the doing of any act, the court has power to enlarge such period upto thirty days.
- Before extension of time is granted by a court, two conditions must be fulfilled:
(i) A period must have been fixed or granted by the court; and
(ii) Such period must be for doing an act prescribed or allowed by the Code.
2.An accused was arrested for the offence under Sec.326 of the Indian Penal Code. To prevent the accused from getting the default bail under Section 167 of the Code of Criminal Procedure, 1973, the Investigating Officer has to file the charge sheet within ________from the date of arrest of the accused.
A) 30 days
B) 60 days
C) 90 days
D) 120 days
Ans.C
Sol.
- As per proviso (a) S.167(2) of CrpC/ S.187(3) of BNSS, the maximum period of remand in case of offences punishable with death, imprisonment for life or imprisonment for a term of ten years or more is 90 days and any other offence it is 60 days. If the investigation is not completed within this period ,the accused person has got to be released on bail without any further detention.
- S.326 of IPC/ S.118(2) of BNS is related to Voluntarily causing grievous hurt by dangerous weapons or means which is punishable with imprisonment for life, or with imprisonment of either description for a term which shall not be less than one year but which may extend to 10 years, and shall also be liable to fine. The prescribed statutory period of 90 days or 60 days is to be computed from the date on which the Magistrate authorises the detention of the accused person.
- Therefore the Investigating Officer has to file the charge sheet within 90 days from the date of arrest of the accused to prevent the accused from getting the default bail.
3.As per Article 21 of the Constitution of India, no person shall be deprived of his life or personal liberty except according to_________
A) procedure established by law.
B) due course of law.
C) due process of law.
D) any one of the above.
Ans.A
Sol.
- “No person shall be deprived of his life or personal liberty except according to procedure established by law”
- Our Constituent Assembly had formerly used the American expression “due process of law” but they deliberately dropped it in favour of the expression ‘procedure established by law’, which is more specific. The interpretation put on the due process clause by American Supreme Court has been characterised by the utmost vagueness.
- In Maneka Gandhi’s case the Supreme Court has held that the word ‘law’ in Art. 21 does not mean merely an enacted piece of law but must be just, fair and reasonable law. i.e. which embodies the principles of natural justice.
4.Which among the following is the “stolen property” as per Section 410 of the Indian Penal Code?
A) Property, the possession whereof has been transferred by theft, or by extortion, or by robbery.
B) Property which has been criminally misappropriated.
C) Property, in respect of which criminal breach of trust has been committed.
D) All the above.
Ans.D
Sol.
- According to S.410 of IPC/ S.317(1) of BNS a property will be termed as stolen property ,the possession of which has been transferred by any of the following ways:-
(1) Theft;
(2) Extortion;
(3) Robbery;
(4) Criminal misappropriation; or
(5) Criminal breach of trust. - Note: Word ‘cheating’ is added in section 317(1) of BNS
5.When the Court has to form an opinion as to the electronic signature of any person, opinion of the ______is a relevant fact?
A) Certifying Authority, which has issued Electronic Signature Certificate.
B) Expert on electronic signature.
C) Expert on Cyber law.
D) Any one of the above.
Ans.A
Sol.
- As per S.47 of IEA / S.41(2) of BSA, when the Court has to form an opinion as to the digital signature of any person, the opinion of the Certifying Authority which has issued the Digital Signature Certificate is a relevant fact.
