JKPSC Prosecuting Officer Solved Papers: PAPER-1, PART-A


PAPER- 1
PART- A
Note: Answers are Given in Bold Letters.

Q. 1) Under which provision of the Code of Civil procedure, 1908, Compensatory Costs in respect of false or vexatious claims or defences, have been prescribed?
A) Section 33
B) Section 33A
C) Section 35
D) Section 35 A

Q. 2) Which of the following is a correct statement?
i) An appeal from the original decree lies, from an original decree passed ex-parte.
ii) No appeal shall lie from a decree passed by the Court with the consent of the parties.
iii) No appeal shall lie in cases where the amount in the suit is less than one lakh rupees.
iv) New plea relating to question of fact can be allowed to be raised for the first time before the first appellate court.
Choose the correct option.
A) i and ii
B) All of the above
C) i, ii and iii
D) i, ii and iv

Q. 3) A judgement can be reviewed on the ground of:
A) Discovery of new & important evidence, not within the knowledge of the party concemed.
B) Mistake of error of fact or law on the face ofthe record.
C) Both (A) & (B)
D) Neither (A) nor (B)

Q. 4) Which of the following actions can be taken by the Court of Execution under the CPC?
i) Oder delivery of any property specifically decreed.
ii) Order issuance of the Precept.
iii) Order by attachment and sale or by the sale without attachment of any property.
iv) Order the appointment of a receiver.
Choose the correct option.
A) i, ii and iv
B) i. iii and iv
C) i, ii and iii
D) ii, iii and iv


Q. 5) What is the punishment prescribed for resistance to execution under Section 74 of the
Code of Civil Procedure, 1908?
A) Minimum fifteen days in civil prison
B) Maximum sixty days in civil prison
C) Maximum nine years in civil Prison
D) Maximum thirty days in civil prison


Q.6) Mark the correct statement?
Right to appeal under the Code of Civil Procedure' 1908' is a'
A) Natural right
B) Statutory right
C) Alt of the above
D) None of the above


Q. 7) In which provision of the Code of Civil Procedure, l908, the inherent powers of the Civil Court are provided for the ends of justice or to prevent abuse of the process of the Court?
A) Section 153
B) Section l52A
C) Section 151
D) Section 152

Q. 8) Which of the following statements are true regarding rights and liabilities of a lessor under the Transfer of Property Act, 1882?
A) The lessee is bound on the lessor's request to put him in possession of the property.
B) The lessor is bound to pay or tender, at the proper time and place, the premium or rent to the lessee or his agent in this behalf.
C) Lessee must not without permission erect on the property any permanent structure, except for agricultural purpose
D) Lessee must not without permission erect on the property any temporary or permanent structure, except for agricultural purpose.


Q. 9) Which of the following statements is true regarding SALE as defined under the Transfer
of Property Act, 1882?
A) Sale cannot be for intangible property
B) Contract for sale of an immovable property does not create any interest in the property
C) The full value of the property must be paid or payment of full value must be Promised
D) Registration of every transfer of every tangible immovable property is required


Q. 10) Which type of transfer is not covered by the "Transfer of property Act"?
A) By will
B) By Parties
C) By operation of law
D) None of above

Q. 11) A lease of an immovable property can be determined by-
i) Efflux of time
ii) Implied surender
iii) Forfeiture
iv) Expiration of notice Period
A) Only i and iii 
B) Only i, ii and iii
C) Only ii and iv
D) All of the above

Q. 13) Match the following:
a) Decree for the sale               i. Immovable Property
of immovable Property
b) Saplings                               ii. movable Property
c) Right to way                        iii. Immovable Property
d) Turn of Worship                  iv. movable Property

                a        b        c        d
A)            ii        i        iii        iv
B)            i        iv        ii        iii
C)            iii       iv        i        ii
D)           iv        ii        iii        i


Q. 12) C and B are two brothers living as a joint family. They decided to have a partition. In the the partition deed, the house with the Well fell on C, and B was allowed to take water from the well out of brotherly love. The right to take water will be in the form of:
A) Easement
B) Revocable licence
C) Irrevocable licence
D) Interest in the property


Q. 14) In which type of mortgage is the property transferred Absolutely?
A) English Mortgage
B) Simple Mortgage
C) Usufactuary Mortgage
D) Anomalous Mortgage

Q. 15) The Transfer of property Act, 1882, came into effect from 
A) l7th February, 1882
B) lst July, 1882
C) l 7th March, i882
D) 27th February 1882


Q. 16) In case of prosecution under POCSO for an offence  requiring a culpable mental state on the part of the accused, which one is correct?
A) The Special court shall presume the existence of such mental state
B) The special court shar not presume culpable mental state, but such mental state is required to be proved
C) Accused has a defence to prove absence of such mental state and the fact that accused has no such mental state can be established by a preponderance of probability
D) Both (A) and (C) are correct


Q. 17) which one is true in case of an offence of "Sexual Assault" under Section 7 of the Protection of Children from Sexual Offences act, 2012?
A) Penetration is must to constitute an offence of,sexual assault, 
B) Penetration is not required to constitute an offence of sexual assault, 
C) Sexual intent is an irrelevant 
D) only physical contact without any sexual intent is sufficient  to constitute the offence. 


Q. 18) A Special Court may take cognizance of an offence under the protection of Children from Sexual Offences Act, 2012
A) When the accused is committed to it for trial
B) Upon receiving of a complaint of facts which constitute offence
C) Upon a police report of such facts
D) Both (B) and (C) are correct

Q. 19) Who is responsible for monitoring of implementation of the Protection of Children
fiom Sexual Ofcrces Act. 2012?
A) The National Commission for Protection of Child Rights
B) The State Commission for Protection of child Rights
C) Both of the above
D) None ofthe above


Q. 20) Where an act or omission constitutes an offence under POCSO this Act as well as under Section 375, 376 or under 509 of the lndian Penal Code, the offender shall be liable to punishment
A) Under the Provisions of Protectior of children from Sexual offences Act, 2012 only
B) Under the Provisions of Indian Penal Code, 1860 only
C) Either under the provisions of Protection of Children from Sexual Offences Act, 2012 or under the provisions of Indian Penal Code, 1860 whichever provides punishment greater in degree.
D) Either under the provisions of Protection of children from Sexual Offences Act, 2012 or under the provisions of Indian Penal Code, 1860 whichever provides
punishment lesser in degree.


Q. 21) According to the Protection of Children from Sexual Offences Act, 2012 a case of child sexual abuse must be disposed of within a time period of
A) One year from the date of taking cognizance of the offence
B) Two years fiom the date of taking cognizance of the offence
C) Three years from the date of taking cognizance of the offence 
D) Four years from the date of taking cognizance of the offence 

Q. 22) Which section of the Protection of Children from Sexual Offences Act, 2012 provides the preparation of guidelines for taking assistance of child psychology experts during the pre-trial and trial stage to assist the child?
A) Section 21
B) Section 32
C) Section 39
D) Section 45

Q. 23) Protection of Children from sexual Offences Act 2012 defines .penetrative sexual assault. It has becn defined under section.
A) Section 2
B) Section 3
C) Section 4
D) Section 5

Q. 24) In one of the following judgments, the Apex found that "Morality and Law cannot be equated with each other: what is legal is moral as such morality cannot be differentiated from the law".
A) V.V. Shivaprasad v. K. Venkateswaralu
B) Bennett & Coleman Ltd. v. Union of India
C) P.V. Narasimha Rao r. State
D) Common  Cause v. Union of lndia


Q. 25) According to the code of criminal procedure, 1973, a court of Magistrate of second Class may pass a sentence of imprisonment for a term not exceeding 
A) One year
C) Three years
B) Two years
D) Four years


Q. 26) Under Section 138 of the Indian Evidence Act, the sequence of examination of a witness is:
i) Cross - examination by the adverse party
ii) Re-examination of the witness by the party calling him after he has been cross _examined
iii.Examination - in-chief by the Party who called him.
iv) If a new matter is introduced in re-examination, by permission of the Court, the adverse party can cross - examine upon that matter.
A) ii. i. iii. and iv
B) i. ii, iii and iv
C) in iii. ii and i
D) iii, i. ii and iv

Q. 27) In which of the following case, only a certified copy of the document is admissible?
A) When the original is shown to be in possession of a person legally bound to produce it and when after notice such person does not produce it.
B) When the original has been lost or destroyed and the party offering evidence cannot produce it in reasonable time
C) When the original is a public document within the meaning of section 74
D) When the original is of such a nature as not to be easily movable. 


Q. 28) Which one is an example of secondary evidence?
A) Counterparts of documents as against the parties who did not execute them.
B) Counterparts of documetns as against the parties executing it
C) Each one, out of number of documents made by one uniform printing process, all against the contents of the rest 
D) Each one, out of number of documents made by one uniform lithography process as against the contents of the rest. 


Q. 29) A is found in possession of a stolen watch soon after the theft Unless and until it is proved that a theft had taken place and A has committed the theft and so he is in possession of the stolen watch or after the theft, A has received the stolen watch  knowing it to be stolen and unless he accounts for the possession of the stolen watch the court______.
A) Shall presume that A committed the theft.
B) May presume that A committed the theft.
C) Takes it as conclusive proof that A Committed the theft
D) Must presume that A committed theft


Q. 30) Which of the statement/s is true as per Opinion Evidence under section 45 of Indian Evidence Act?
i) Under Section 45 the Courts form an opinion based on the opinions of experts.
ii) The expert need to examine the deceased person and cannot base his/her opinion on the basis of information given to him regarding the symptoms
iii) The expert does not give an opinion on what he has tested or on what has been subjected to any process of scrutiny but preseDts the facts as such.
iv) An expert is not a witness of fact, and his opinion evidence is a corroborative piece of evidence.
A) i- iii and iv
B) ii, iii and iv
C) ii and iii
D) i and iv

Q. 31) According to Section 6 of the Indian Evidence Act. 1872. Relevant Facts include Facts?
A) Which though not connected with facts in issue but occurred at the same time.
B) Which though not connected with facts in issue but occured at the same place
C) Which though not connected with facts in issue but occured at the same place but at a different time
D) Which are connected with facts in issue as to form part of the same transaction. 


Q. 32) "Facts judicially noticeable need not be proved,, has been provided under Section _____of the Indian Evidence Act, 1872
A) Section 54
B) Section 56
C) Section 58
D) Section 60


Q. 33) Number of witnesses required to prove a particular fact according to Section 134 of the Indian Evidence Act, 1872 is
A) No particular number is required
B) At least Two
C) Three
D) Four


Q. 34) Mark the inconect statement. 
Section 4 of the Limitation Act 1963.
A) Does not apply to an election petition
B) Provides time to file an application on the day when the court reopens, in case where the limitation is over on the day of court's holiday
C) Does not extend the period of limitation
D) Is based on the maxim, Interest republicae ut sit finis lititum

Q. 35) Which of the statements are correct in regard to the application of Section 3 of Limitation Act?
i) It is open for the defendant to give consent to a decree even in respect of the time barred debt.
ii) The willingness to pay time barred instalment in previous suit does not operate as an estoppel.
iii) Section 3 limits the time after which the suit or other proceedings would be barred
iv) It is the duty of the Court to dismiss lhe application made after the limitation period even if limitation is not been taken as a defence.
Choose the correct option.
A) i, ii and iii.
B) i, iii and iv.
C) ii, iii and iv.
D) All of the above.


Q. 36) The object of Limitation Act is based on which of the following principles?
i) To prevent disturbance or deprivation of what may have been acquired by equity and justice by long enjoyment.
ii) The right not exercised for a long time is non-existent.
iii) Rule of vigilance is not the objective of this Statute
iv) All of the above.
Choose the corect option.
A) Only iv
B) iii and ii
C) i and iii
D) i and ii


Q. 37) Section 5 of the Limitation Act 1963, which provides extension of the prescribed period is not applicable on:
A) Suits
C) Applications
B) Revisions
D) Appeals

Q. 38) Legal Disability defined under Section 6 of the Limitation Act 1963, consists of the following:
i) Minor 
ii) Insane
iii) Insolvent
iv) Idiot
Choose the corect option.
A) i, ii and iii
B) ii, iii and iv
C) i, ii and iv
D) i, iv and iii

Q. 39) In how much time as per the Limitation Act 1963, one can file the leave to appear and defend in a suit under Order XXXVII (Summary procedure) of Code of Civil Procedure, 1908?
A) Ten days
C) Sixty days
B) Thirty days
D) Ninety days


Q. 40) Match the following in context of the UAPA.   
a) Punishment for conspiring is terrorist activity                   i. Section l8A
b) Purishment for organising tenorist camps                         ii. Section 18
c) Punishment fol harbouring the terrorist                             iii. Section 19
d) Punishment for holding proceeds of terrorism                   iv. Section 2l


     a        b        c        d
A) iv       iii       ii       i
B) ii         i        iii      iv
C) iii        iv       ii       i
D) iii        ii        i       iv


Q. 41) Which of the following are correct statements regarding the Review Committee appointed under the Unlawful Activities (prevention) Act. 1967?
i) The Review Comnrittee shall comist of two chairpersons.
ii) The total number ofmembers ofthe Review Committee must not cross fifteen
iii) The Chairperson of the Review Committee shall be a judge of the High Court
iv) The Chairpersons shall be appointed by the ChiefJustice of lndia
Choose the correct option.
A) Only iii
B) Only i and iii
C) Only iii and iv
D) All ofthe above


Q. 42) Is it mandatory to issue Written show cause notice before the forfeiture of proceeds of terrorism under the Unlawful Activities (prevention) Act, 1961? 
A) Yes, it is mandatory to issue written show cause notice 
B) No, it is not mandatory at all
C) Yes, but. even oral notice can be given
D) Notice can be given afierthe attachement also

Q. 43) which of the following activities are termed as unlawful activities under the Unlawful Activities (Prevention) Act. 1967?
Any action taken by an individual or association, either by committing an act or by words either spoken or written or by signs or by visible representation or otherwise. 
i) Which is intended or supports any claim, to bring about, on any ground whatsoever the cession of a part of the territory of India or to secession of a part of territory of India from the Union or which incites any individual or group of individuals to bring about such cession or secession. 
ii) Which disclaims, questions, disrupts or is intended to disrups the sovereignty and territorial integrity of India.
iii) Which causes or is intended to cause disaffectiion against the world 
iv) Which causes or is intended to cause disaffection against India.

Choose the correct option.
A) i, ii and iv
B) iii, iv and ii
C) i, iii and iv
D) i, ii and iii

Q. 44) For how many days the notification issued under section 3 of the Unlawful Activities (Prevention) Act. 1967 shall remain in force?
A) Three Years
B) Five Years
C) Seven Years
D) Ten Years

Q. 45) Reference to 'Proceeds of terrorism' under the Unlawful Activities (Prevention) Act, 1967 includes.
A) Moveable property used by terrorists
B) Cash used by the terrorists 
C) Any property intended to be used for terrorism 
D) Immovable property used for the terrorist activity


Q. 46) which of the following includes in relation to "manufacture of narcotic drugs and psychotropic substances?
i) All processes other than production by which such drugs or substances may be obtained 
ii) Refining of such drugs or substances 
iii) Cultivating any Coca Plant
iv) Transformation of such drugs or substances
A) i, ii and iv
B) i, ii and iii
C) ii, iii and iv
D) i, iii and iv


Q. 47) Which of the following statement is correct?
'Opium' under the NDPS Act 1985, means,
i) the coagulated juice of opium poppy
iit the coagulated juice of Heroine
iii) Any mixture with or without any neutral material of the coagualated juice of opium poppy.
iv) But does not include any prepamtion containing not more than 0.2 per cent of morphine.
A) i, ii and iv
B) ii, iii and iv
C) i, ii and iii
D) i, iii and iv


Q. 48) Which of the following factors are taken into account for imposing higher than the minimum punishment prescribed under the NDPS Act 1985?
i) The threat of use of violence by the offender 
ii) The use of arms by the offender 
iii) The fact that the offender is involved in other illegal activities faciiitated by commission other offence 
iv) The fact that the minors are used for the comission of an offence
Which of the statements given above are corect?
A) All of the above
B) None of the above 
C) i. ii. and iii
D) i,  ii and iv
E) ii, iii, and iv


Q. 49) Coca derivatives include which of the following?
i) Hemp
ii) Ecogonine
iii) Heroin
iv) Cocaine

A) ii and iii only
B) iii and iv only
C) ii and iv only
D) All of the above
E) None of the above


Q. 50) The Government under Section 14 of the NDPS Act 1985 allows the cultivation of the "Cannabis Plant"  for which of the following purposes?
i) Industrial purposes only of obtaining fibre of seed
ii) lndustrial purposes only for preparing flavouring agent
iii) For Horcuitural Purposes 
iv) All the above
Which oI the statenents given above are corect?
A) i and ii
B) ii and iii
C) iv
D) i and iii



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