AIBE 18 (XVIII) Question Paper Set A with Answers and Explanations: All 100 Questions, 7 Withdrawn

Read this first

• Seven questions were withdrawn by the Bar Council: Q11, Q21, Q25, Q28, Q38, Q72 and Q84. Results were declared on 26 March 2024 on 93 questions. The pass mark was 42 for General/OBC candidates and 37 for SC/ST/PwD candidates.
• The answers are those marked in the compiled copy of the paper published by Linking Laws. Q68, Q97 and Q98 were unmarked there and are answered from the statute.
• For Q30, Q32 and Q62 we flag in a note where the law points to a different answer from the key. The Bar Council’s official final answer key prevails.
• Questions are presented in our own words, with the options and their substance unchanged.

Q1. The freedom of trade, commerce and intercourse in Part XIII of the Constitution is modelled on the constitution of which country?

• (A) United States
• (B) Australia ✔
• (C) Ireland
• (D) United Kingdom

Answer: (B)

Explanation: Articles 301 to 307 draw on Section 92 of the Australian Constitution, which declares trade and commerce among the States to be absolutely free.

Q2. Which writ commands a public authority to perform a public duty it has failed to perform?

• (A) Mandamus ✔
• (B) Quo warranto
• (C) Certiorari
• (D) Prohibition

Answer: (A)

Explanation: Mandamus (‘we command’) lies to compel performance of a public or statutory duty. Quo warranto tests title to an office; certiorari and prohibition control inferior tribunals.

Q3. Which constitutional amendment provided for an authoritative Hindi text of the Constitution?

• (A) 52nd
• (B) 54th
• (C) 56th
• (D) 58th ✔

Answer: (D)

Explanation: The Constitution (Fifty-eighth Amendment) Act, 1987 inserted Article 394A, empowering the President to publish the authoritative Hindi translation.

Q4. Which is the leading case on the doctrine of colourable legislation?

• (A) State of Bihar v. Kameshwar Singh ✔
• (B) M. Karunanidhi v. Union of India
• (C) State of Karnataka v. Union of India
• (D) Keshavan Madhava Menon v. State of Bombay

Answer: (A)

Explanation: In Kameshwar Singh (1952) the Supreme Court struck down part of the Bihar Land Reforms Act as a colourable exercise of power: what cannot be done directly cannot be done indirectly.

Q5. Which amendment followed the Supreme Court’s advisory opinion in In re Berubari Union (1960)?

• (A) 4th (1955)
• (B) 7th (1956)
• (C) 9th (1960) ✔
• (D) 11th (1961)

Answer: (C)

Explanation: The Court advised that ceding territory to a foreign State needed a constitutional amendment under Article 368. The Ninth Amendment, 1960 gave effect to the Indo-Pakistan agreement on Berubari.

Q6. Which Article deals with inconsistency between laws made by Parliament and by State Legislatures?

• (A) Article 248
• (B) Article 252
• (C) Article 254 ✔
• (D) Article 256

Answer: (C)

Explanation: Article 254(1) gives the Union law primacy on Concurrent List subjects; Article 254(2) saves a State law reserved for and assented to by the President.

Q7. For how many years from the commencement of the Constitution was English to continue for official purposes of the Union?

• (A) 5 years
• (B) 10 years
• (C) 15 years ✔
• (D) 25 years

Answer: (C)

Explanation: Article 343(2) continued English for fifteen years, i.e. until 1965; the Official Languages Act, 1963 then allowed its continued use.

Q8. Which case held that reservation cannot apply to a single isolated post in a cadre?

• (A) Chakradhar Paswan v. State of Bihar ✔
• (B) K.C. Vasanth Kumar v. State of Karnataka
• (C) ABSK Sangh (Rly) v. Union of India
• (D) State of Kerala v. N.M. Thomas

Answer: (A)

Explanation: Chakradhar Paswan (1988) held that where a cadre has a single post, reserving it would amount to 100% reservation and is impermissible under Article 16(4).

Q9. Sexual harassment of a woman at her workplace violates which of these fundamental rights?

• (A) Article 19(1)(b)
• (B) Article 19(1)(d)
• (C) Article 19(1)(e)
• (D) Article 19(1)(g) ✔

Answer: (D)

Explanation: Vishaka v. State of Rajasthan (1997) held such harassment violates Articles 14, 15 and 21 and the right to practise any profession or carry on any occupation under Article 19(1)(g).

Q10. Which rule of interpretation reconciles Article 25(2)(b) with Article 26(b)?

• (A) Harmonious construction ✔
• (B) Casus omissus
• (C) Liberal construction
• (D) Pith and substance

Answer: (A)

Explanation: In Sri Venkataramana Devaru v. State of Mysore (1958) the Court harmonised a denomination’s right to manage its religious affairs with the State’s power to throw open Hindu temples to all classes.

Q11. In which of these situations would the IPC not apply: (i) an offence by an Indian citizen outside India, (ii) an offence on an Indian-registered ship, (iii) an offence targeting a computer resource in India from abroad?

• (A) Only (i)
• (B) Only (ii)
• (C) Only (iii)
• (D) (i) and (ii)

Answer: Withdrawn by the Bar Council (no marks)

Explanation: Withdrawn by the Bar Council. Under Section 4 IPC (now Section 1(5) BNS) the Code extends to all three situations, so none of the options was correct.

Q12. How many kinds of punishment does the IPC provide?

• (A) 3
• (B) 4
• (C) 5 ✔
• (D) 6

Answer: (C)

Explanation: Section 53 IPC listed five: death, imprisonment for life, imprisonment (rigorous or simple), forfeiture of property and fine. Section 4 BNS adds a sixth, community service.

Q13. A and Z fence with swords by consent for amusement. Playing fairly, A seriously hurts Z. What offence has A committed?

• (A) Hurt
• (B) Attempt to murder
• (C) Grievous hurt
• (D) No offence ✔

Answer: (D)

Explanation: Section 87 IPC (Section 25 BNS): harm suffered in a consensual act not intended or known to be likely to cause death or grievous hurt is no offence; this is the fencing illustration to the section.

Q14. In which case does the right of private defence of the body not extend to causing death?

• (A) Assault causing reasonable fear of death
• (B) Assault with intent to commit rape
• (C) Assault with intent to cause simple hurt ✔
• (D) Assault with intent to gratify unnatural lust

Answer: (C)

Explanation: Section 100 IPC (Section 38 BNS) lists the assaults against which death may be caused. Simple hurt is not among them; only fear of death or grievous hurt is.

Q15. In which provision does ‘benefit’ expressly exclude mere pecuniary benefit?

• (A) Section 89 ✔
• (B) Section 155
• (C) Section 156
• (D) Section 370

Answer: (A)

Explanation: The Explanation to Section 92 IPC states that mere pecuniary benefit is not ‘benefit’ within Sections 88, 89 and 92 (now Sections 26 to 28 BNS). Of the options, Section 89 is covered.

Q16. X intentionally pulls up a woman’s veil without her consent, intending to annoy her. What has X committed?

• (A) Hurt
• (B) Criminal force ✔
• (C) Assault
• (D) Grievous hurt

Answer: (B)

Explanation: This is an illustration to Section 350 IPC (Section 129 BNS): intentional use of force without consent to cause annoyance is criminal force.

Q17. What punishment applies to one who maims a minor so that the minor may be used for begging?

• (A) 5 years and fine
• (B) 7 years and fine
• (C) 10 years and fine
• (D) Imprisonment for life and fine ✔

Answer: (D)

Explanation: Section 363A(2) IPC prescribed imprisonment for life and fine. The BNS deals with this in Section 139(2): not less than 20 years, extendable to life.

Q18. X threatens to publish defamatory matter about Y unless Y pays him money. What punishment may X receive (as per the key)?

• (A) Up to 2 years, or fine, or both ✔
• (B) Up to 3 years, or fine, or both
• (C) Up to 5 years, or fine, or both
• (D) Up to 7 years, or fine, or both

Answer: (A)

Explanation: The key treats this as criminal intimidation, punishable under Section 506 (first part) IPC with up to two years (now Section 351(2) BNS). Note that a demand for money could also be charged as extortion (Section 384 IPC, up to three years).

Q19. What sentence may an Assistant Sessions Judge pass?

• (A) Death
• (B) Imprisonment for life
• (C) Any sentence authorised by law except death, life, or more than ten years ✔
• (D) Imprisonment exceeding ten years

Answer: (C)

Explanation: Section 28(3) CrPC (Section 22(3) BNSS): an Assistant Sessions Judge may pass any authorised sentence except death, life imprisonment or imprisonment exceeding ten years.

Q20. Under which provision does a police officer re-arrest a person arrested by a private person and handed over to him?

• (A) Section 41
• (B) Section 41A
• (C) Section 42
• (D) Section 43 ✔

Answer: (D)

Explanation: Section 43(2) CrPC (Section 40(2) BNSS): if the person handed over falls within Section 41, the police officer shall re-arrest him.

Q21. When is a wife not entitled to maintenance under Section 125 CrPC?

• (A) Husband merely suspects adultery
• (B) Wife refuses without sufficient reason to live with husband
• (C) Wife lives apart because husband keeps a mistress
• (D) Wife is driven out of the house

Answer: Withdrawn by the Bar Council (no marks)

Explanation: Withdrawn by the Bar Council. Under Section 125(4) CrPC (Section 144(4) BNSS) refusal without sufficient reason disentitles the wife, but the options as framed were ambiguous.

Q22. What does Section 164A CrPC deal with?

• (A) Medical examination of a rape victim ✔
• (B) Attendance of witnesses before police
• (C) Recording of confessions
• (D) Recording of FIRs

Answer: (A)

Explanation: Section 164A CrPC (Section 184 BNSS) governs medical examination of the victim of rape by a registered medical practitioner, with her consent.

Q23. Which statement about a police officer’s case diary is incorrect?

• (A) Statements of witnesses are entered in it
• (B) It must be paginated
• (C) It may be used as evidence in the case ✔
• (D) The officer may use it to refresh memory

Answer: (C)

Explanation: Section 172(2) and (3) CrPC (Section 192 BNSS): the court may use the diary to aid the inquiry or trial, but not as evidence.

Q24. In which of these charges need the manner of committing the offence not be stated?

• (A) Theft of an article at a given time and place ✔
• (B) Cheating B at a given time and place
• (C) Disobeying law to save B from punishment
• (D) Giving false evidence at a given time and place

Answer: (A)

Explanation: Illustration (a) to Section 213 CrPC (Section 236 BNSS): in a charge of theft the manner need not be stated; for cheating, the manner must be.

Q25. Which offence may be tried summarily?

• (A) House-breaking under Section 454 IPC
• (B) Insult to provoke breach of peace, Section 504 IPC
• (C) Any offence punishable up to two years
• (D) Any offence punishable with life imprisonment

Answer: Withdrawn by the Bar Council (no marks)

Explanation: Withdrawn by the Bar Council: more than one option fell within Section 260 CrPC (Section 283 BNSS), so the question had no single answer.

Q26. Which CrPC section provides for a reference to the High Court on a question of the validity of a law?

• (A) Section 275
• (B) Section 325
• (C) Section 383
• (D) Section 395 ✔

Answer: (D)

Explanation: Section 395 CrPC (Section 432 BNSS) requires a subordinate court to refer to the High Court a question on the validity of an Act or rule that is necessary to decide the case.

Q27. Anticipatory bail is barred for which offences: (i) 376AB, (ii) 376DA, (iii) 376DB IPC?

• (A) (i) and (ii)
• (B) (ii) and (iii)
• (C) (iii) and (i)
• (D) (i), (ii) and (iii) ✔

Answer: (D)

Explanation: Section 438(4) CrPC, inserted in 2018, bars anticipatory bail for rape of girls under 12 and 16 including gang rape: Sections 376(3), 376AB, 376DA and 376DB. Section 482(4) BNSS continues the bar.

Q28. Which act of a Magistrate without power vitiates the proceedings even if done in good faith?

• (A) Tendering pardon under Section 306
• (B) Recalling a case under Section 410
• (C) Attaching property under Section 83
• (D) Holding an inquest under Section 176

Answer: Withdrawn by the Bar Council (no marks)

Explanation: Withdrawn by the Bar Council. Section 461 CrPC (Section 507 BNSS) lists irregularities that vitiate proceedings; the options did not match it cleanly.

Q29. What determines the jurisdiction of a civil court?

• (A) The averments in the plaint ✔
• (B) The averments in the written statement
• (C) Both
• (D) Neither

Answer: (A)

Explanation: Jurisdiction is decided on the plaint as framed, not on the defence: Abdulla Bin Ali v. Galappa (1985).

Q30. Which of these cannot be regarded as a suit of a civil nature under Section 9 CPC?

• (A) Suit to recover voluntary payments or offerings
• (B) Suit about rights of franchise
• (C) Suit for specific relief
• (D) Suit about rights of worship ✔

Answer: (D)

Explanation: The source key marks (D).

Note: Our view: (A) is the better answer. Suits to recover voluntary offerings are the standard example of suits not of a civil nature, while rights of worship have been held to be civil rights (Explanation I to Section 9; Ugamsingh v. Kesrimal, 1970). Check the official key.

Q31. Which Explanation to Section 11 CPC applies res judicata to representative suits?

• (A) Explanation V
• (B) Explanation VI ✔
• (C) Explanation VII
• (D) Explanation VIII

Answer: (B)

Explanation: Explanation VI to Section 11 CPC: persons litigating bona fide in respect of a public or common right bind all persons interested in that right. Read with Order I Rule 8.

Q32. In which case will the court not order the defendant to appear in person?

• (A) Defendant resides within the court’s local limits ✔
• (B) Defendant resides within 40 miles of the courthouse
• (C) Defendant resides 250 miles away though public conveyance is available
• (D) A woman to whom Section 132 CPC does not apply

Answer: (A)

Explanation: The source key marks (A).

Note: Our view: (C) is the better answer. Under Order V Rule 4 CPC personal appearance may be ordered only if the defendant resides within the local limits, or within 50 miles, or within 200 miles where public conveyance covers five-sixths of the distance. A defendant 250 miles away is outside every limb.

Q33. In which situation is the plaintiff barred from filing a fresh suit on the same cause of action?

• (A) Dismissal for non-payment of costs causing non-service
• (B) Dismissal because neither party appeared
• (C) Dismissal because the plaintiff did not appear when the defendant did ✔
• (D) Dismissal for not applying for fresh summons in time

Answer: (C)

Explanation: Order IX Rule 9 CPC: a suit dismissed under Rule 8 (plaintiff absent, defendant present) bars a fresh suit; the remedy is to apply to set aside the dismissal. Dismissals under Rules 2, 3 and 5 do not bar a fresh suit.

Q34. How many adjournments may be granted to a party during the hearing of a suit?

• (A) Two
• (B) Three ✔
• (C) Four
• (D) No limit

Answer: (B)

Explanation: Proviso to Order XVII Rule 1(1) CPC (2002 amendment): no adjournment more than three times to a party during hearing.

Q35. Which amendment allowed a party to produce a witness without applying for summons?

• (A) CPC (Amendment) Act, 1976 ✔
• (B) CPC (Amendment) Act, 1999
• (C) CPC (Amendment) Act, 2002
• (D) No such provision

Answer: (A)

Explanation: Order XVI Rule 1(4), permitting a party to bring a witness without summons, was inserted by the 1976 amendment.

Q36. Which of these is not part of ‘costs’ under the CPC?

• (A) Witnesses’ expenses
• (B) Legal fees and expenses
• (C) Food and lodging expenses of the party ✔
• (D) Other expenses connected with the proceedings

Answer: (C)

Explanation: Section 35 and Order XX-A CPC cover expenses of witnesses, legal fees and other litigation expenses; a party’s own food and lodging is not listed.

Q37. Within what time must a defendant in a summary suit enter appearance?

• (A) 7 days
• (B) 10 days ✔
• (C) 15 days
• (D) 30 days

Answer: (B)

Explanation: Order XXXVII Rule 3(1) CPC: the defendant must enter appearance and file an address for service within ten days of service of summons.

Q38. Which provision lets an appellate court frame issues and refer them for trial to the lower court?

• (A) Order XLI Rule 23
• (B) Order XLI Rule 23-A
• (C) Order XLI Rule 24
• (D) Order XLI Rule 25

Answer: Withdrawn by the Bar Council (no marks)

Explanation: Withdrawn by the Bar Council. Order XLI Rule 25 is the provision for framing issues and referring them for trial; the question’s wording blended Rules 23 and 25.

Q39. A and B beat C to death. Which of these is not relevant as part of the same transaction?

• (A) What A or B said while beating C
• (B) What A or B did while beating C
• (C) What bystanders said at the time
• (D) What A or B said a day before ✔

Answer: (D)

Explanation: Section 6 Evidence Act (Section 4 BSA), res gestae: statements and acts so connected as to form part of the transaction. A statement a day earlier is not part of it (though it may be relevant as motive under Section 8).

Q40. Which section makes a confession to a police officer inadmissible against the accused?

• (A) Section 24
• (B) Section 25 ✔
• (C) Section 26
• (D) Section 27

Answer: (B)

Explanation: Section 25 Evidence Act (Section 23(1) BSA). Section 26 covers confessions in police custody; Section 27 is the discovery exception.

Q41. Which section makes a dying declaration admissible?

• (A) Section 25
• (B) Section 29
• (C) Section 32 ✔
• (D) Section 37

Answer: (C)

Explanation: Section 32(1) Evidence Act (Section 26(a) BSA): a statement about the cause of death by a person who has died is relevant.

Q42. How may the contents of a document be proved?

• (A) Only by primary evidence
• (B) Only by secondary evidence
• (C) By both together
• (D) By primary or secondary evidence ✔

Answer: (D)

Explanation: Section 61 Evidence Act (Section 56 BSA): contents may be proved by primary or by secondary evidence, the latter only in the cases in Section 65 (Section 60 BSA).

Q43. When may leading questions be asked as of right?

• (A) Examination-in-chief
• (B) Cross-examination ✔
• (C) Re-examination
• (D) Never

Answer: (B)

Explanation: Section 143 Evidence Act (Section 146 BSA): leading questions may be asked in cross-examination; in chief and re-examination only with leave or on undisputed matters (Section 142).

Q44. Which case settled the admissibility of electronic records requiring a Section 65B certificate?

• (A) Anvar P.V. v. P.K. Basheer ✔
• (B) State of Haryana v. Jai Singh
• (C) State of Maharashtra v. Natwarlal Damodardas Soni
• (D) State of Punjab v. Jagir Singh

Answer: (A)

Explanation: Anvar P.V. (2014), affirmed in Arjun Panditrao Khotkar (2020): secondary electronic evidence needs a Section 65B(4) certificate. See now Section 63 BSA.

Q45. Which statement is incorrect under the Evidence Act?

• (A) A confession always goes against its maker
• (B) Admissions are conclusive proof of matters admitted ✔
• (C) Admissions may operate as estoppel
• (D) A confession is a direct admission of guilt

Answer: (B)

Explanation: Section 31 Evidence Act (Section 25 BSA): admissions are not conclusive proof but may operate as estoppel.

Q46. Which provision is an exception to the rule against hearsay?

• (A) Section 32(1) ✔
• (B) Section 32(2)
• (C) Section 32(3)
• (D) Section 32(5)

Answer: (A)

Explanation: The dying declaration in Section 32(1) (Section 26(a) BSA) is the classic exception to hearsay; the key takes (A).

Q47. Which is not a mode of ADR recognised under Section 89 CPC?

• (A) Arbitration
• (B) Conciliation
• (C) Lok Adalat
• (D) Negotiation ✔

Answer: (D)

Explanation: Section 89 CPC names arbitration, conciliation, judicial settlement including Lok Adalat, and mediation. Negotiation is not listed.

Q48. Which statement about Lok Adalats is incorrect?

• (A) No court fee is payable
• (B) They can settle all civil and criminal matters ✔
• (C) The award is deemed a decree
• (D) No appeal lies against an award

Answer: (B)

Explanation: Under the Legal Services Authorities Act, 1987 a Lok Adalat cannot deal with non-compoundable offences (Section 19(5)). The other three are correct (Section 21).

Q49. Which statement about an arbitration agreement is incorrect?

• (A) It may be oral or written ✔
• (B) It may be a separate agreement
• (C) It may be a clause in a contract
• (D) It may cover all or some disputes

Answer: (A)

Explanation: Section 7(3) of the Arbitration and Conciliation Act, 1996: an arbitration agreement must be in writing.

Q50. On which ground can an arbitrator not be challenged?

• (A) Justifiable doubts as to independence
• (B) Justifiable doubts as to impartiality
• (C) He has the qualifications the parties agreed on ✔
• (D) He is ineligible under the Seventh Schedule

Answer: (C)

Explanation: Section 12(3) of the 1996 Act allows challenge for justifiable doubts or lack of agreed qualifications; possessing them is no ground. Section 12(5) makes Seventh Schedule relationships a bar.

Q51. When are two persons related by half blood under the Hindu Marriage Act?

• (A) Same mother and same ancestor
• (B) Common ancestor but by different wives ✔
• (C) Common ancestress but by different husbands
• (D) No common ancestor

Answer: (B)

Explanation: Section 3(c) HMA: half blood is descent from a common ancestor but by different wives; descent from a common ancestress by different husbands is uterine blood.

Q52. Which is not a condition of a valid Hindu marriage?

• (A) Neither party has a living spouse
• (B) Parties are within prohibited degrees ✔
• (C) Parties are not sapindas
• (D) Neither suffers from epilepsy

Answer: (B)

Explanation: Section 5(iv) HMA requires that the parties are not within prohibited degrees unless custom permits. The epilepsy ground was removed in 1999.

Q53. What does Section 13(1) of the Hindu Marriage Act provide for (as per the key)?

• (A) Restitution of conjugal rights and judicial separation
• (B) Judicial separation and divorce ✔
• (C) Divorce and restitution
• (D) Only divorce

Answer: (B)

Explanation: Section 13(1) lists grounds of divorce; under Section 10(1) the same grounds also support judicial separation, hence the key’s (B).

Q54. What is a ‘batil’ marriage in Muslim law?

• (A) Valid
• (B) Void ✔
• (C) Voidable
• (D) Irregular

Answer: (B)

Explanation: Batil is void (e.g. with a prohibited relation); fasid is irregular; sahih is valid.

Q55. Which form of talaq lets the wife dissolve the marriage under a power delegated by the husband?

• (A) Talaq-us-sunnat
• (B) Talaq-ul-biddat
• (C) Talaq-e-tafweez ✔
• (D) Talaq-e-hasan

Answer: (C)

Explanation: Tafweez is delegated divorce: the husband delegates the power of talaq to the wife or a third person, often in the nikahnama.

Q56. Under which law can a Hindu man and a Hindu woman marry?

• (A) Only the Hindu Marriage Act
• (B) Only the Special Marriage Act
• (C) Either Act ✔
• (D) Neither

Answer: (C)

Explanation: Hindus may marry under the HMA, 1955 or, by civil marriage, under the Special Marriage Act, 1954.

Q57. Which amendment made daughters coparceners by birth?

• (A) 2002
• (B) 2004
• (C) 2005 ✔
• (D) 2006

Answer: (C)

Explanation: The Hindu Succession (Amendment) Act, 2005 substituted Section 6; Vineeta Sharma v. Rakesh Sharma (2020) held the right applies whether or not the father was alive on 9 September 2005.

Q58. What minimum age gap is required when a male adopts a girl?

• (A) 15 years
• (B) 18 years
• (C) 21 years ✔
• (D) None

Answer: (C)

Explanation: Section 11(iii) of the Hindu Adoptions and Maintenance Act, 1956: the adoptive father must be at least 21 years older than the girl.

Q59. Which is regarded as the first reported PIL in India?

• (A) S.P. Gupta v. Union of India
• (B) Hussainara Khatoon v. State of Bihar ✔
• (C) M.C. Mehta v. Union of India
• (D) Kalyaneshwari v. Union of India

Answer: (B)

Explanation: Hussainara Khatoon (1979), on undertrial prisoners in Bihar, is commonly treated as the first reported PIL.

Q60. Who is regarded as the father of PIL in India?

• (A) Justice S.R. Das
• (B) Justice V.R. Krishna Iyer
• (C) Justice P.N. Bhagwati ✔
• (D) Justice H.R. Khanna

Answer: (C)

Explanation: Justice P.N. Bhagwati, through S.P. Gupta and Bandhua Mukti Morcha, is credited with developing PIL, alongside Justice Krishna Iyer.

Q61. Against whom can a PIL ordinarily not be filed?

• (A) State Government
• (B) Central Government
• (C) A private party ✔
• (D) A municipal corporation

Answer: (C)

Explanation: A writ PIL lies against the State and its instrumentalities under Article 12; a private party can be joined only along with State authorities.

Q62. Which subject is excluded from PIL under the Supreme Court’s guidelines (as per the key)?

• (A) Bonded labour
• (B) Jail petitions for premature release ✔
• (C) Neglected children
• (D) Police refusing to register a case

Answer: (B)

Explanation: The key marks (B).

Note: Our note: the Supreme Court’s 1988 PIL guidelines (revised 2003) actually list petitions from jails, including premature release, among entertained categories. The question appears flawed; the official key prevails.

Q63. Which case held that natural justice applies to administrative proceedings too?

• (A) A.K. Kraipak v. Union of India ✔
• (B) Ram Jawaya Kapur v. State of Punjab
• (C) Sonic Industries v. Municipal Corporation, Rajkot
• (D) Maneka Gandhi v. Union of India

Answer: (A)

Explanation: A.K. Kraipak (1969) erased the line between quasi-judicial and administrative functions for natural justice.

Q64. Which case reconsidered S.P. Sampath Kumar on tribunals?

• (A) J.B. Chopra v. Union of India
• (B) L. Chandra Kumar v. Union of India ✔
• (C) R.K. Jain v. Union of India
• (D) S.K. Sarkar v. Vinay Chandra Mishra

Answer: (B)

Explanation: L. Chandra Kumar (1997, seven judges) held judicial review under Articles 226 and 32 is basic structure and tribunal decisions lie to a High Court Division Bench.

Q65. Who described administrative law as the law relating to the control of governmental power?

• (A) Ivor Jennings
• (B) H.W.R. Wade ✔
• (C) K.C. Davis
• (D) Garner

Answer: (B)

Explanation: Wade’s definition: administrative law is the law relating to the control of governmental power.

Q66. What is the maximum imprisonment for illegally practising in courts under the Advocates Act?

• (A) 3 months
• (B) 6 months ✔
• (C) 9 months
• (D) 12 months

Answer: (B)

Explanation: Section 45 of the Advocates Act, 1961: up to six months.

Q67. Which section empowers the BCI to make rules on standards of professional conduct and etiquette?

• (A) Section 42
• (B) Section 42A
• (C) Section 48A
• (D) Section 49 ✔

Answer: (D)

Explanation: Section 49(1)(c) of the Advocates Act, 1961.

Q68. Which statement is incorrect under the BCI Rules?

• (A) An advocate may act in a matter in which he has a pecuniary interest ✔
• (B) An advocate must appear in prescribed dress
• (C) An advocate shall not stand surety for a client
• (D) An advocate shall not influence the court by improper means

Answer: (A)

Explanation: Rule 9, Part VI, Chapter II, Section II of the BCI Rules bars acting in a matter in which the advocate has a pecuniary interest. The source leaves this unmarked; (A) follows from the Rules.

Q69. Who hears appeals against orders of the BCI’s disciplinary committee?

• (A) BCI Chairman
• (B) BCI Vice-Chairman
• (C) High Court
• (D) Supreme Court ✔

Answer: (D)

Explanation: Section 38 of the Advocates Act, 1961: appeal to the Supreme Court within sixty days.

Q70. Above what paid-up capital did a One Person Company have to convert (rule at the time)?

• (A) Rs 25 lakh
• (B) Rs 50 lakh ✔
• (C) Rs 75 lakh
• (D) Rs 1 crore

Answer: (B)

Explanation: Rule 6 of the Companies (Incorporation) Rules, 2014 then required conversion above Rs 50 lakh paid-up capital or Rs 2 crore turnover. The limits were removed in 2021.

Q71. What is the minimum number of directors in a public company?

• (A) 2
• (B) 3 ✔
• (C) 5
• (D) 7

Answer: (B)

Explanation: Section 149(1)(a) of the Companies Act, 2013: three for a public company, two for a private, one for an OPC.

Q72. Which case explained the precautionary principle in detail?

• (A) Vellore Citizens’ Welfare Forum
• (B) A.P. Pollution Control Board v. M.V. Nayudu
• (C) Indian Council for Enviro-Legal Action
• (D) M.C. Mehta v. Kamal Nath

Answer: Withdrawn by the Bar Council (no marks)

Explanation: Withdrawn by the Bar Council, as both Vellore Citizens (1996) and M.V. Nayudu (1999) elaborate the principle.

Q73. Which is the leading Indian case on the public trust doctrine?

• (A) Vellore Citizens’ Welfare Forum
• (B) Olga Tellis
• (C) Indian Council for Enviro-Legal Action
• (D) M.C. Mehta v. Kamal Nath ✔

Answer: (D)

Explanation: M.C. Mehta v. Kamal Nath (1997) applied the public trust doctrine to the Beas river bank leased for a motel.

Q74. In which case was Section 66A of the IT Act struck down?

• (A) Shreya Singhal v. Union of India ✔
• (B) Kartar Singh v. State of Punjab
• (C) K.A. Abbas v. Union of India
• (D) Maneka Gandhi v. Union of India

Answer: (A)

Explanation: Shreya Singhal (2015) struck down Section 66A as vague and overbroad under Article 19(1)(a).

Q75. When is an electronic record not attributed to the originator?

• (A) Sent by the originator himself
• (B) Sent by a person he authorised
• (C) Sent by his programmed automatic system
• (D) Sent by an unauthorised person ✔

Answer: (D)

Explanation: Section 11 of the IT Act, 2000 attributes records sent by the originator, an authorised person or his automated system.

Q76. What is the maximum maternity benefit under the Maternity Benefit Act, 1961?

• (A) 6 weeks
• (B) 8 weeks
• (C) 12 weeks
• (D) 26 weeks ✔

Answer: (D)

Explanation: Section 5(3), as amended in 2017: 26 weeks (12 weeks for a woman with two or more surviving children).

Q77. How much paid leave is given after a tubectomy operation?

• (A) 2 weeks ✔
• (B) 4 weeks
• (C) 6 weeks
• (D) 8 weeks

Answer: (A)

Explanation: Section 9(2) of the Maternity Benefit Act: two weeks’ leave with wages.

Q78. Above how many workers must a factory provide a canteen?

• (A) 100
• (B) 150
• (C) 200
• (D) 250 ✔

Answer: (D)

Explanation: Section 46 of the Factories Act, 1948: where more than 250 workers are ordinarily employed.

Q79. A supervisor drawing what monthly wage is excluded from ‘workman’ under the ID Act (as per the key)?

• (A) Rs 6,000
• (B) Rs 8,000
• (C) Rs 10,000 ✔
• (D) Rs 12,000

Answer: (C)

Explanation: Section 2(s)(iv) of the Industrial Disputes Act, 1947 excluded supervisors drawing above Rs 10,000 a month. The Industrial Relations Code, 2020 raises this to Rs 18,000.

Q80. Whose definition of tort speaks of breach of a duty fixed by law, redressible by an action for unliquidated damages?

• (A) Lindsell
• (B) Pollock
• (C) Salmond
• (D) Winfield ✔

Answer: (D)

Explanation: Winfield’s definition.

Q81. Which maxim does the Gloucester Grammar School case illustrate?

• (A) Damnum sine injuria ✔
• (B) Injuria sine damno
• (C) Ubi jus ibi remedium
• (D) Volenti non fit injuria

Answer: (A)

Explanation: Gloucester Grammar School (1410): a rival school causing loss by competition is damage without legal injury.

Q82. Which section of the Motor Vehicles Act provided for no-fault liability?

• (A) Section 140 ✔
• (B) Section 151
• (C) Section 162
• (D) Section 128

Answer: (A)

Explanation: Section 140 (now Section 164 after the 2019 amendment).

Q83. How many consumer rights does the Consumer Protection Act, 2019 list?

• (A) 2
• (B) 4
• (C) 6 ✔
• (D) 8

Answer: (C)

Explanation: Section 2(9) lists six rights: safety, information, choice, to be heard, redressal and consumer awareness.

Q84. Which body advises on promotion and protection of consumer rights under the 2019 Act?

• (A) Central Consumer Protection Authority
• (B) Central Consumer Protection Council
• (C) State Authority
• (D) State Council

Answer: Withdrawn by the Bar Council (no marks)

Explanation: Withdrawn by the Bar Council. The Consumer Protection Councils (Sections 3 to 9) are advisory bodies; the wording made more than one option arguable.

Q85. Which Article says no tax shall be levied or collected except by authority of law?

• (A) Article 246
• (B) Article 256
• (C) Article 260
• (D) Article 265 ✔

Answer: (D)

Explanation: Article 265.

Q86. A business is set up on 31 March 2020. What is its first previous year?

• (A) 1 April 2019 to 31 March 2020
• (B) 31 March 2020 to 31 March 2020 ✔
• (C) 1 April 2020 to 31 December 2020
• (D) 1 January 2020 to 31 March 2020

Answer: (B)

Explanation: Section 3 of the Income Tax Act, 1961: for a newly set-up business the previous year runs from the date of setting up to the following 31 March, here one day.

Q87. How many days’ stay in India in a previous year makes an individual resident?

• (A) 180
• (B) 182 ✔
• (C) 184
• (D) 186

Answer: (B)

Explanation: Section 6(1)(a) of the Income Tax Act, 1961: 182 days or more.

Q88. Which section of the Income Tax Act defines ‘income’?

• (A) Section 2(31)
• (B) Section 2(24) ✔
• (C) Section 2(9)
• (D) Section 3

Answer: (B)

Explanation: Section 2(24) gives an inclusive definition; Section 2(31) defines ‘person’.

Q89. Which of these is not fraud under the Contract Act?

• (A) A promise made without intention to perform it
• (B) Active concealment of a fact
• (C) Mere silence where there is no duty to speak ✔
• (D) Any act the law declares fraudulent

Answer: (C)

Explanation: Explanation to Section 17 of the Indian Contract Act, 1872: mere silence is not fraud unless there is a duty to speak.

Q90. A falsely tells B his factory produces a certain quantity of indigo, inducing B to buy it. What is the contract’s status?

• (A) Void ab initio
• (B) Voidable at A’s option
• (C) Voidable at B’s option ✔
• (D) Voidable at either’s option

Answer: (C)

Explanation: Section 19 of the Contract Act: consent caused by fraud makes the contract voidable at the option of the deceived party (B). This is close to an illustration to Section 19.

Q91. Which injunction can be granted only by a decree at the hearing on merits?

• (A) Temporary
• (B) Perpetual ✔
• (C) Mandatory
• (D) Prohibitory

Answer: (B)

Explanation: Section 37(2) of the Specific Relief Act, 1963.

Q92. Under which section is a stipulation for compound interest on default of simple interest not a penalty?

• (A) Section 73
• (B) Section 74 ✔
• (C) Section 75
• (D) Section 76

Answer: (B)

Explanation: Illustration to Section 74 of the Contract Act; an increased interest rate from the date of default may be a penalty.

Q93. What default interest does Section 63A of the Transfer of Property Act prescribe?

• (A) 6% p.a.
• (B) 8% p.a.
• (C) 9% p.a. ✔
• (D) No default rate

Answer: (C)

Explanation: Section 63A(2): absent agreement, 9% per annum on improvements to mortgaged property.

Q94. What is the outer limit for directing accumulation of income under Section 17 TPA?

• (A) Life of the transferee
• (B) 18 years from the transfer ✔
• (C) Whichever is longer of these
• (D) Neither

Answer: (B)

Explanation: Section 17 allows accumulation for the life of the transferor or 18 years, whichever is longer. Option (A) wrongly says transferee, so (B) is the correct option offered.

Q95. Which of these is not a negotiable instrument under the NI Act, 1881?

• (A) Promissory note
• (B) Hundi ✔
• (C) Bill of exchange
• (D) Cheque

Answer: (B)

Explanation: Section 13 recognises promissory notes, bills of exchange and cheques; hundis are governed by custom.

Q96. At what rate is interest payable when a negotiable instrument does not specify one?

• (A) 6% p.a.
• (B) 10% p.a.
• (C) 18% p.a. ✔
• (D) 20% p.a.

Answer: (C)

Explanation: Section 80 of the NI Act: 18% per annum.

Q97. Within what period of the declaration must the award be made, failing which acquisition lapses under the 2013 Act?

• (A) 6 months
• (B) 12 months ✔
• (C) 18 months
• (D) 24 months

Answer: (B)

Explanation: Section 25 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013: twelve months (extendable). The source leaves this unmarked.

Q98. What prior consent of affected families is needed when land is acquired for private companies?

• (A) 75%
• (B) 80% ✔
• (C) 90%
• (D) 100%

Answer: (B)

Explanation: Section 2(2)(b)(i) of the 2013 Act: 80% for private companies; 70% for PPP projects. The source leaves this unmarked.

Q99. Which IP right helps an IPL team show that its merchandise comes from it?

• (A) Patent
• (B) Geographical indication
• (C) Trade mark ✔
• (D) Registered design

Answer: (C)

Explanation: A trade mark distinguishes the goods of one person from another (Section 2(1)(zb), Trade Marks Act, 1999).

Q100. What is the term of a patent in India?

• (A) 10 years
• (B) 20 years ✔
• (C) 25 years
• (D) 50 years

Answer: (B)

Explanation: Section 53 of the Patents Act, 1970: twenty years from the date of filing.