Prelims · objective

J&K Civil Judge Prelims 2022 (Prosecuting Officer Paper I) Question Paper with Answers

100 questions. The first 10 questions are free to attempt. All J&K Civil Judge papers

1. Question 1 · Prelims

   P1, a public servant demands from V1 Rs 50,000/ as bribe for granting a gun license. V1 complains to the anti corruption bureau [ACB]. ACB makes all arrangements to trap P1 and catches P1 red handed taking a bribe amount of Rs 50,000/ from V1. At the time of trial V1 refused to support the prosecution and was declared hostile. There is no other witness to support the demand of bribe though there are witnesses to support the acceptance of the bribe amount. Which among the following is/are correct position of law--\n1. The proof of demand is not essential\n2. The proof of demand is essential\n3. The demand can be proved only by direct evidence and not by circumstantial evidence\n4. The demand can be proved by circumstantial evidences even if there is no direct evidence

   1. (A) 1 only
   2. (B) 2 only
   3. (C) 2 and 3
   4. (D) 2 and 4

   Answer: (D) 2 and 4

2. Question 2 · Prelims

   A Person once convicted or acquitted not to be tried for same offence. Observe the statements below-\nI. A person acquitted or convicted of any offence may be afterwards tried, for any distinct offence but only with the consent of the Central Government\nII. A person convicted of any offence constituted by any act causing consequences which, together with such act, constituted a different offence from that of which he was convicted, may be afterwards tried for such last mentioned offence, if the consequences had not happened, but were known to the Court to have happened, at the time when he was convicted.\nChoose the incorrect statement.

   1. (A) Only I
   2. (B) Only II
   3. (C) Both I and II
   4. (D) Neither I nor II

   Answer: (C) Both I and II

3. Question 3 · Prelims

   Whether a private person can also file a complaint under the Prevention of Corruption Act, 1988. Which among the following provide correct reasoning-\n1. Prevention of Corruption Act 1988 being a penal legislation, only the State can file a complaint.\n2. There is no eligibility condition prescribed under the Prevention of Corruption Act, 1988 for a complainant\n3. Locus standi of the complainant is a concept unknown to the criminal jurisprudence unless the statute provides otherwise\n4. The Prevention of Corruption Act 1988 prescribes that a private complaint can be filed.\nCodes:

   1. (A) 1, 2 and 3
   2. (B) 1 and 2
   3. (C) 2 and 3
   4. (D) 4

   Answer: (C) 2 and 3

4. Question 4 · Prelims

   Match the title of the Law Commission Report to the year of its publication:\na. Offences against the National Security\nb. Mode of Execution of Death Sentence and Incidental Matters\nc. Hate Speech\nd. Capital Punishment\ne. Section 498 A, IPC\ni. 2009\nii. 1966\niii. 1971\niv. 2017\nv. 2003

   1. (A) a.-i b.-iii c.-ii d.-v e.-iv
   2. (B) a.-iii b.-v c.-iv d.-ii e.-i
   3. (C) a.-v b.-iii c.-i d.-ii e.-iv
   4. (D) a.-ii b.-v c.-iv d.-iii e.-i

   Answer: (B) a.-iii b.-v c.-iv d.-ii e.-i

5. Question 5 · Prelims

   In the context of CrPC and the NDPS Act, 1985:

   1. (A) If there is inconsistency between the NDPS Act and Cr.P.C., the provisions of CrPC will prevail
   2. (B) If there is inconsistency between the NDPS Act and Cr.P.C., the provisions of NDPS Act will prevail
   3. (C) Both laws are independent and there is no conflict
   4. (D) It is at the discretion of the Court

   Answer: (B) If there is inconsistency between the NDPS Act and Cr.P.C., the provisions of NDPS Act will prevail

6. Question 6 · Prelims

   "This court has time and again deprecated the use of two finger test in cases alleging rape and sexual assault. The so called test has no scientific basis. It instead re-victimises and re-traumatises women. The two finger test must not be conducted..... The test is based on an incorrect assumption that a sexually active woman cannot be raped. Nothing can be further from the truth", the bench observed while pronouncing the judgment in

   1. (A) State of Jharkhand v Shailendra Kumar Rai @ Pandav Rai
   2. (B) State of Jharkhand v. Tuka Ram
   3. (C) State of UP v. Ambrish
   4. (D) M.P. v. Kranti Singh

   Answer: (A) State of Jharkhand v Shailendra Kumar Rai @ Pandav Rai

7. Question 7 · Prelims

   Which statement is not correct regarding communication made to the spouse during marriage

   1. (A) Communication remains privileged communication even after the dissolution of marriage by divorce
   2. (B) Communication does not remain privileged after the dissolution of marriage by divorce
   3. (C) Communication is not privileged in proceedings in which one married person is prosecuted for any crime committed against the other
   4. (D) None of the above

   Answer: (B) Communication does not remain privileged after the dissolution of marriage by divorce

8. Question 8 · Prelims

   A is accused of a crime committed by him at Calcutta. He produces a letter written by himself and dated at Lahore on that day, and bearing the Lahore post-mark of that day. As per section 21, Indian Evidence Act, which of the following is admissible?

   1. (A) The statement in the date of the letter is admissible, because, if A were dead, it would be admissible under Section 11(2)
   2. (B) The statement in the date of the letter is admissible, because, if A were dead, it would be admissible under Section 92 (2)
   3. (C) The statement in the date of the letter is admissible, because, if A were dead, it would be admissible under Section 32 (2)
   4. (D) The statement in the date of the letter is admissible, because, if A were dead, it would be admissible under Section 74 (2)

   Answer: (C) The statement in the date of the letter is admissible, because, if A were dead, it would be admissible under Section 32 (2)

9. Question 9 · Prelims

   Marrying another woman by the husband during existence of his first marriage is something which is most likely to cause trauma and grave injury to the mental health of the first wife, unless it has been done with the consent of the first wife.\nMark the correct option

   1. (A) Cruelty under Section 498A of IPC
   2. (B) Consent of wife not required
   3. (C) Held in Atul S/o Raju Dongre and Ors. v. State of Maharashtra and Anr.
   4. (D) A and C

   Answer: (D) A and C

10. Question 10 · Prelims

    Which of the following is true:\n1. There is a distinction between "taking" and allowing a minor to accompany a person.\n2. The two expressions "taking" and "allowing" are not synonymous.\n3. The two can be regarded as not meaning the same thing for the purposes of Section 361 of the Indian Penal Code.\n4. The two can be regarded as the same thing for the purpose of Section 362 of Indian Penal Code.

    1. (A) 1 and 2
    2. (B) 1 and 3
    3. (C) 1, 2 and 3
    4. (D) 1, 2, 3 and 4

    Answer: (C) 1, 2 and 3