JKPSC Prosecuting Officer Solved Papers: PAPER-1 PART-B

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

Q. 51) Medicinal Cannabis is
A) Charas
B) Ganja
C) Heroin
D) Hemp


Q. 52)  In which of the following  Cases "Public servant under the prevention of corruption Act, 1988 is said  to have committed the offence of criminal misconduct? 
i) if he  dishonestly or fraudulently, misappropriates or converts for his own use any  property entrusted to him as a public servant. 
ii) If he dishonestly or fraudulently allows any other person to misappropriate or converts for his own use any property entrusted to him as a public servant.
iii) If he intentionally enriches himself illicitly during the period of his office.
iv) All of the above.
Choose the correct option:
A) Only i and iii
B) Only ii and iii
C) Only iv
D) Only i


Q. 53) Whether mere recovery of currency notes itself constitutes an offence under the Prevention of Corruption Act 1988?
A) Yes, because the mental element is not necessary under prevention of Corruption Act 1988.
B) No, because the demand of illegal gratification is a sine qua non to constitute the offence under the prevention of Corruption Act, l988.
C) Yes, because the onus is on the accused to rebut the fact that the currency notes found are not a bribe.
D) Yes, because it is the accused who has to prove that the currency notes are not his notes.


Q. 54) Who amongst the following is not a Public Servant as per Section 2 (c) of the Prevention of Corruption Act 1988?
A) A Panel Doctor under the ESI Scheme.
B) Any person in the service or pay of a local authority.
C) An Assistant Labour Commissioner and Conciliation Officer
D) A teacher in the service of Government.


Q. 55) Which of the following statements is correct?
'Undue advantage' under Section 2(d) of the prevention of Corruption Act, 1988 means,
A) Any gratification whatever including legal remuneration.
B) Any gratification only
C) Any gratification limited to pecuniary gratification only
D) Any gratification whatever, other than legal remuneration.


Q. 56) Which of the following is a correct statement in reference to a "Special Judge" under the prevention of Corruption Act, l988?
A) The Special Judge is not to be treated as a Magistrate within the meaning of Section 156(3) of the Criminal Procedure Code.
B) The Special Judge is to be treated as a Magistrate within the meaning of Section 156(3) of the Criminal Procedure Code.
C) The Special Judge is to be treated as a Sessions Judge within the meaning of Section 156(3) of the Criminal Procedure Code.
D) The special Judge is to be treated as Additional Sessions Judge wiithin the meaning of Section 156(3) of the Criminal Procedure Code.


Q. 57) Which of the following are the requirements of section 7 of the Prevention of Corruption Act, 1988?
i) At the time of offence, the accused is expected to be a public servant.
ii) The accused has accepted, obtained or agreed to attempt or attempted to obtain from some person a gratification.
iii) Such gratification was not illegal remuneration due to him. 
iv) At the time of the offence the accused was about to be a public servant.
Choose the correct option.
A) i, ii and iii
B) ii, iii and iv
C) All of the above
D)I, iii and iv


Q. 58) Where in a contract formation, the communication of proposals, the acceptance of proposals, the revocation of proposals and acceptances, are expressed in electronic  form or by means of an electronic records, such contract
A) Shall be deemed to be unenforceable solely on the ground that such electronic  form or means was used for that purpose.
B) Shall be deemed to be enforceable solely on the ground that such electronic form or means was used for that purpose.
C) Shall not be deemed to be unenforceable solely, on the ground that such electronic form or means has used for that purpose.
D) Shall not be deemed to be enforceable solely on the ground that such electronic form or means was used for that purpose.


Q. 59) Any information of probative value that is either stored or transmitted in electronic form and includes computer evidence, digital audio, digital video, cell phones digital fax machines is:
A) Data
C) Electronic record
B) Electronic form evidence
D) Digital Information


Q. 60) In which case, the Supreme Court observed that Section 66 (A)  affects the rights of people to know, hence violates Article l9(1) (a) of the Constitution beyond the extent permissible under Article 19(2) and accordingly struck down in its entirety.
A) Shreya Singhal V Union of India, (2015) 5 SCC 1
B) CIT v. Mastek Ltd., (2010) 13 scc 58
C) W.B. State Election Commission v Communist party of India (Marxist), (2018) 18 SCC 141
D) Binoy Viswam v. Union of lndia, (2017) 7 SCC 59.


Q. 61) A petitioner has become victim of a phishing attack and his entire saving bank balance has been debited fraudulently. Under which section of the Information Technology Act 2000 can he file the case?
A) Sec 66 A
B) Sec 66 B
C) Sec 66 C
D) Sec 66 D


Q. 62) "A system of a secure key pair consisting of a private key for creating a digital signiture and a public key to verify the digital signature" is known as?
A) Encrypted system
C) Protected system
B) Decrypted system
D) Asymmetric crypto system


Q. 63) 'An existing law is overshadowed by the fundamental rights and remains dormant, but it is not dead".
Above statement refers to which doctrine;
A) Doctrine of Severability 
B) Doctrine of Reading down
C) Doctrine of Territorial Nexus 
D) Doctrine of Eclipse


Q. 64) No compensation would be payable to the Public Servant of the service, which is terminated within the contractual period on the ground of misconduct. It will be payable only?
A) If the post is abolished before the expiration of the contractual period.
B) If the person is required to vacate his post before the expiry of the contractual period, for reasons unconnected with misconduct.
C) Both (A) and (B)
D) None of the above.


Q. 65) Which of the following is/are not a central feature of Article 343 of the Constitution of India?
i) Hindi in Devanagari script shall be the National language of the Union.
ii) The official language of the Union shall be Hindi in Devanagari script.
iii) English language shall continue to be used for official purposes within states.
iv) If two or more states agree, the Hindi language should be the official language of communication between the states.
Select the correct answer using the codes given below..
A) i, iii, and iv
B) ii and iv
C) ii, iii and iv
D) Only ii

Q. 66) Consider the following statement :
i) Each House of parliament is sole judge of lawfulness of its own proceedings. 
ii) Internal proceedings of the parliament , are to be reviewed by the courts of law. 
iii) Courts in India shall not call the validity of any parliamentary proceeding in question.
iv) Each House of parliament has to make rules for regulating its own  procedure and conduct of business, which needs to be consistent with the courts.
Which of the above statements is/are correct.
A) i and ii
B) iii and iv
C) i and iii
D) ii and iv

Q. 67) The lists relating to legislative competence of Parliament and state Legislatures are provided in Second Schedule, which pertains to:
A) Article 245 
B) Article 246 
C) Article 241 
D) Article 250


Q.68) The President of India gives his resignation to
A) Chief Justice
B) Parliament
C) Vice President
D) Prime Minister



Q. 69) Which one of the following is NOT one of the reasonable restriction covered and provided under Article 19 (2):
A) Security of state
B) Law and Order
C) Decency or Morality
D) Defamation 


Q. 70) "Article 14 strikes at arbitrariness in State action and ensures fairness and equality of treatment. The principle of reasonableness, which legally as well as philosophically, is an essential element of equality or non-arbitrariness parades Article 14 like a brooding omnipresence....."
Above statement is from which case of:
A) Maneka Gandhi v. U.O.I. AIR 1978 SC 597
B) E.P Royappa v. State of Tamil Nadu AIR 1974 SC 555
C) Excel Wear v. U.O.l. AIR l979 SC 25
D) Golak Nath vs. State of Punjab AIR 1976 SC 1643


Q. 71) According to the J & K Reorganization (Removal of Difficulties) Order 2019 the Judges of the  High Court of Jammu and Kashmir Shall continue would be considered as deemed to have been appointed under which provision of the Indian Constitution:
A) Article 217
B) Article 219
C) Article 124
D) Article 222


Q. 72) The Legislative Assembly may make laws for any part of the Union Territory of Jammu and Kashmir  related to the matters specified in the State List of the Constitution except on:
A) "Police" and "Public Order"
B) "Security" and 'Public Order"
C) "Police" and "Social Order"
D) "Law and Order" and "security of State"



Q.73) The Central Government under the J&K reorganisation act will appoint committees to deal with various purposes' which are:
A) Distribution of assets and liabilities of corporations of the state of Jammu and Kashmir between the two Union Territories.
B) Issues related to the generation and supply of electricity and water
C) Both of the above
D) None ofthe above


Q. 74) The new Consumer Protection Act, 2019 came into force in India on July 20th 2019 replacing the Previous enactment of 1986. The new Act overhauls the administration and Settlement of Consumer disputes in India which has been contemplated to have  investigation wing known as:
A) Central Consumer Protection Agency (CCPA)
B) Central Consumer Protection Authority (CCPA)
C) Central Consumer Protection Commission (CCPC)
D) Cantral Consumer Protection Committee (CCPC)

Q. 75) The significant changes brought by the Insolvency and Bankruptcy Amendment Act, 2020 include the increase of the threshhold amount under Section 4 to_____?
A) Fifty Lakhs from One Lakh 
B) Five Crores fiom One Crore
C) One Crore from One Lakh 
D) Five Crore from One Crore
*this Question was later deleted by JKPSC

Q. 76) Which of the following judgment shall always be remembered as one of the best judgments which heralded gender equality in defence services also which includes all the services - Army, Navy and Air Force:
A) Union of lndia v. PK Chaudhary
B) The Secretary Ministry of Defence v. Babita Puniya & Ors.
C) Union oflndia vs. Lt. Cdr. Annie Nagaraja
D) Treasa Josfine v. State of Kerala
*this question had two answers as per the Answer Key issued by JKPSC



Q. 77) In which of the following case, the court has said that the right to freedom of speech  and expression and the right to carry on trade and commerce include their exercise through the medium of the Internet 
A) Anuradha Bhasin v. Union of India
B) Joseph Shine v. Union of India
C) Mohan Singh v. the State of Punjab
D) Bharwad Mepa Dana & Another v. State ofBombay


Q. 78) To whom a transgender person may make an application for issuing a certificate of identiy as a transgender person in such form and manner, and accompanied with such documents, as may be Pescribed under the Trausgender Persons Protection of Rights Act,20l9?
A) The District Judge
C) The Judicial Magistrate
B) The District Magistrate
D) The Executive Magistrate


Q.79) First All - Women Full Bench of Madras High Court heard a
A) Case related to the interpretation of Section 12 of the Maternity Benefit Act 1961.
B) Case is pertaining to the application of the ESI Act on aided and unaid educational institutions'
C) Case related to commercial surrogacy
D) Case related to women's right to enter into the Sacred Temple of Thyagaraj Chennai.


Q. 80) 'A was entering a House in the in which he was legally entitled to enter. 'Z' saw someone entering in the house. 'Z' in good faith, believing 'A' to be house-breaker, Attacks 'A' and causes grievous injuries to him. 'A' exercising his right of self-defence causes some grievous injuries to 'Z'. Which is the correct  legal position in this regard:
A) 'A'  has no right of private defence
B) 'A' has right of private defence
C) 'Z' is guilty for attempt to cause grievous injuries
D) 'Z' will get benefit of Section 76 IPC


Q.81) 'A'  makes a plan with 'B' for poisoning 'Z'. 'B' asks 'C' to procure the poison  informing him that a third person will  administer the poison. 'B' though discussed plan with 'C' but does not mention the name of 'A'. 'C' procures the poison and delivers it to 'B' to be used for the same purpose as discussed. 'A' administers poison and consequently 'Z' dies. Which one is the correct legal position?
A) 'C' is not Iiable since he only procrued the poison for 'B' and did not administered it to 'Z'.
B) 'C' is liable since he has been engaged in the conspiracy in pursuance of which 'Z' has been murdered.
C) For the offence of abetment by conspiracy there should be a prior concert  between the abettor and the person who commits the offence.
D) None of the above


Q. 82) Which among the following is not correct preposition from the following:
A) Whoever commits rape on women under sixteen years of age shall be punished with rigorous imprisonment for a term which shall not be less than 20 years, but which may extend to imprisonment for life, Which shall mean imprisonment for the remainder of that person's natural life and with fine or with death.
B) Whoever commits rape on women under twelve years of age shall be punished with rigorous imprisonment for a term which shall not be less than 20 years, but which may extend to imprisonment for life, which shall mean imprisonment for the remainder of that persons natural life, and with fine or with death.
C) Whoever, commits rape on women under eighteen years of age shall be punished with rigorous imprisonment lor a term which shall not be less than 20 years. but which may extend to imprisonment for life. Which shall mean imprisonment for the remainder of that person's naturai life and with fine or with death.
D) Whoever commits rape on women of any age shall be punished with rigorous imprisonment for a term which shall not be less than 20 years, but which may extend to imprisonment for life, which shall mean imprisonment for the remainder of that person's natural life, and with fine or with death.
*this question was later deleted by JKPSC

Q. 83) Inducing a person with dishonest intention to part with property by putting him in fear of Physical injury amounts to an offence of:
A) Criminal intimidation
B) Extortion
C) Criminal misappropriation
D) Criminal breach of trust



Q. 84) Comments expressing disapprobation of the measures of the Government to obtain their alterations by lawful means, without inciting or attempting to incite hatred, contempt, or disaffection, do not constitute an offence of:
A) Attempt to murder
B) Murder
C) Sedition
D) Conspiracy


Q. 85) Which one is not an element of sexual harassment?
A) Physical contact and advances involving unwelcome and explicit sexual overture or a demand or request for sexual favours; or
B) Making sexualy coloured remarks, or forcibly showing pornography; or
C) Any other unwelcome physical, verbal or non-verbal conduct of sexual nature
D) Personal interaction, despite a clear disinterest being displayed by the other person.



Q. 86) Culpable homicide is murder
A) If the act by which the death is caused is done with the intention of causing such bodily injury as is likely to cause death
B) If the act by which the death is caused is done with the knowledge that he is will by such act to cause death
C) lf the person committing the act knows that it is so imminently dangerous that it must in all probability, cause death
D) If the person committing the act knows that it is so imminently dangerous that it must, in all probability, cause death but has an excuse for incurring the risk causing death.



Q. 87) The test of locus poeniteutiae is to be applied in the light ofthe particular facts of case and not as a general rule, was held by the Supreme Court in the case of:
A) Stale of Maharashtra v. Mohd.Yakub AIR 1980 SC 1111
B) Abhyanand Mishra v. State of Bihar AIR 1961 SC 1698
C) Malkiat Singh v. State of Punjab AIR 1970 SC 713
D) None of the above


Q. 88) 'A' Who is an officer of a Court of justice, receives an order from that Court to arrest 'Y'. 'A' after due enquiry, arrests 'Z' believing him to be 'Y'. According to which section, 'A' has committed no offence?
A) Section 76 IPC
B) Section 77 IPC
C) Section 78 IPC
D) Section 79 IPC



Q. 89) Which statement is correct among the given statement below?
A) In Conspiracy, there is no distinction between principal and accessory
B) In Conspiracy, principal and accessory are distinct.
C) There has to be a distinction between principal and accessory in all offences
D) None of the above statements are correct.



Q. 90) Section 154 of the Code of Criminal procedure, 1973 provides for recording of information by police in cognizable cases. It is NOT necessary for any such information to be
A) Reduced to writing
B) Read over to the informant
C) Signed by theperson giving it
D) A credible and reasonable information


Q.91) Under Sub-Section (2) of Section 321 of the Code of Criminal Procedure, 1973, a Judge has a discretion to
A) Defer the Cross-examination of any Witness
B) Recall any prosecution witness for further Cross-examination 
C) Both ofthe ahove
D) None of the above
*this question was later deleted by JKPSC as Section 321 of CrPC deals with Withdrawal of Prosecution and the Actual Section which deals with (A) Defer the Cross Examination of any witness is provided under Section 231(2) of CrPC.


Q. 92) The principle of Double Jeopardy is recognized under
A) Section 299 of Code of Criminal Procedure, 1973
B) Section 300 of Code of Criminal Procedure 1973
C) Section 301 of Code of Criminal Procedure, 1973
D) Section 302 of Code of Criminal Procedure. 1973



Q. 93) Which of the following is not provided by the Code of Criminal procedure, 1973?
A) Apeal to Court of Sessions
B) Appeal to High Court 
C) Appeal to Supreme Court
D) Appeal to Special Courts



Q.94) Match the following 
i) Sessions judge's powers of revision         a)Section 395
ii) High court's powers of revision               b)Section 407
iii) Reference to High Court                         c)Section 401
iv) Power of High Court to transfer cases     d)Section 399
A) (i) - a, (ii) - b, (iii) - c, (iv) - d
B) (i) - d, (ii) - c, (iii) - b, (iv) - a
C) (i) - d, (ii) - c, (iii) - a, (iv) - b
D) (i) - b, (ii) - a, (iii) - c, (iv) - d


Q. 95) According to Section 180 of  the Code of   Criminal Procedure 1973, an offence may be tried only at the Place: 
A) Where the principal offence was committed
B) Where the related act was performed.
C) Where either the related was committed or where the principal offence was committed.
 D) None of the above.


Q. 96) The investigating police officer in a case has the power to require the attendance of a person acquainted with the facts and circumstances of the case, under:
A) Section 158 of CrPC
B) Section 159 of CrPC
C) Section 160 of CrPC
D) Section 161 of CrPC


Q.97) Judgment of a Criminal court under Code of Criminal procedure, 1973 shall be  written in: 
A) The language of the parties
B) The language of the Court
C) English
D) The language of the State



Q.98) Which Section of the Code of Criminal Procedure, 1973 makes an arrested person entitle to know the grounds of arrest.
A) Secrion 49
B) Section 50
C) Section 59
D) Section 60



Q.99) Match the following:
a) Stay of Suit                                                       i) Section 25
b) Res judicata                                                     ii) Section 14
c) Presumption as to Foreign Judgement:           iii) Section 10
d) Power of Supreme Court to transfer suit:        iv) Section 11
      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. 100) Match the following:
a) Daryao v state of U P AIR 1961 SC 1457                                          i) Section 24   
b) Samita Singh v Kumar Sanjay AlR 2002 SC 396                              ii) Residence Judicata
c) Y. Narasimha Rao And Ors v Y. Venkata Lakshmi
and Anr v State of UPAIR 1961 SC145                                                   iii) Section 13
d) Thungabhadra lndustries Ltd v Government of AP - AIR 1964           iv) Section 11

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





*Kindly suggest in Comments, whether this method of Showing Answers is Good or Should we Mention all the Answers at the Foot of the Post.


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