AIBE 17 (XVII) 2023 Question Paper with Answers and Explanations: All 100 Questions Solved

Read this first

• 1 published key was corrected: where the law points to a different option, the correct answer is shown and the note says what the circulated key gave.
• 2 questions were withdrawn or given grace marks. Where one option is still right in law, it is shown as the answer.
• 15 answers are marked “Law now”: right when asked, but the law has changed since. Read these twice; examiners now frame old concepts under the new section numbers.
• Want every paper? See all AIBE previous year question papers (AIBE III to XXI).

Family Law

Q1. Sapinda Relationship means

• (A) 3rd generation (mother), 7th generation (father)
• (B) 3rd generation (mother), 5th generation (father) ✔
• (C) 3rd generation (mother), 4th generation (father)
• (D) 2nd generation (mother), 5th generation (father)

Answer: (B)

s. 3(f) HMA — three generations on the mother’s side and five on the father’s.

Family Law

Q2. Which one of the following is not a ground of divorce in the Hindu Marriage Act?

• (A) Mental Disorder
• (B) Venereal Disease in communicable form
• (C) Incurable Unsound Mind
• (D) Living separately for less than three months. ✔

Answer: (D)

Separation for less than three months is not a ground under s. 13 HMA.

Family Law

Q3. Indian Christians can obtain divorce under which of the following enactments?

• (A) Special Marriage Act, 1954
• (B) Christian Marriage Act, 1872
• (C) Indian Divorce Act, 1869 ✔
• (D) Special Marriage Act, 1872

Answer: (C)

The Indian Divorce Act, 1869.

Note: Christians married under the Special Marriage Act, 1954 can also use that Act.

Family Law

Q4. The Section 12 of Hindu Maintenance and Adoption Act, 1956 deals with

• (A) Rights of adoptive parents to dispose of their properties
• (B) Effects of adoption ✔
• (C) Presumption as to the document relating to adoption
• (D) Cancellation of adoption

Answer: (B)

s. 12 HAMA — effects of adoption.

Constitutional Law

Q5. Which of the following categories of cases will not be entertained as Public Interest Litigation (PIL)?

• (A) Family Pension
• (B) Petitions from riot victims
• (C) Neglected Children
• (D) Landlord-Tenant matter ✔

Answer: (D)

Under the Supreme Court’s PIL guidelines, landlord- tenant matters are not entertained.

Constitutional Law

Q6. Who is known as Father of Public Interest Litigation in India?

• (A) Justice A. N. Ray
• (B) Justice Y. V. Chandrachud
• (C) Justice R. S. Pathak
• (D) Justice P. N. Bhagwati ✔

Answer: (D)

Justice P.N. Bhagwati.

Family Law · Law changed

Q7. Muslim woman has option to be governed by the provisions of Sections 125 to 128 of Criminal Procedure Code 1973 (Sec. 144- 147 BNSS). Which section of The Muslim Women (Protection of Rights on Divorce) Act, 1986 deals with it?

• (A) Section 5 ✔
• (B) Section 6
• (C) Section 7
• (D) None of these

Answer: (A)

s. 5 of the 1986 Act — the parties may declare that they prefer to be governed by ss. 125-128 CrPC.

Law now: In Mohd. Abdul Samad v. State of Telangana (2024) the Supreme Court held s. 125 CrPC (s. 144 BNSS) is available to divorced Muslim women regardless of the 1986 Act.

Family Law

Q8. Which of the following is not a ground of void marriage under Section 11 of the Hindu Marriage Act?

• (A) Bigamy
• (B) Degrees of Prohibited Relationship
• (C) Sapinda Relationship
• (D) Child marriage ✔

Answer: (D)

s. 11 HMA covers bigamy, prohibited degrees and sapinda; child marriage is not void under it.

Constitutional Law

Q9. Which of the following writ can be issued against usurpation of public office?

• (A) Writ of Mandamus
• (B) Writ of Certiorari
• (C) Writ of Quo Warranto ✔
• (D) Writ of Prohibition

Answer: (C)

Quo warranto.

Administrative Law

Q10. Ridge V. Baldwin’s case deals with

• (A) Corporation
• (B) Natural Justice ✔
• (C) State Liability
• (D) Delegated Legislation

Answer: (B)

Ridge v. Baldwin (1964) — natural justice.

Administrative Law

Q11. Meaning of “Audi alteram partem”:

• (A) A person cannot be condemned without being heard ✔
• (B) An adjudicating authority must give a speaking order
• (C) No man can be a judge in his own case
• (D) No one should fear the courts.

Answer: (A)

Audi alteram partem — no one shall be condemned unheard.

Professional Ethics

Q12. Rules made by Bar Council of India in exercising its rule making power under ——-

• (A) The Advocates Act, 1951
• (B) The Advocates Act, 1954
• (C) The Advocates Act, 1961 ✔
• (D) The Advocates Act, 1964

Answer: (C)

The Advocates Act, 1961.

Professional Ethics

Q13. An advocate may, while practicing, take up teaching of Law in any educational institution which is affiliated to a University, so long as the hours during which he is so engaged in the teaching of Law do not exceed ——— hours in a day.

• (A) 5
• (B) 3 ✔
• (C) 2
• (D) 4

Answer: (B)

BCI Rule 49 (proviso) — teaching law up to three hours a day.

Professional Ethics

Q14. In which of the following landmark case the advocate was held guilty of professional misconduct as he had forged the court order?

• (A) Pratap Narain V. Y. P. Raheja ✔
• (B) Vikramaditya V. Smt. Jamila Khatoon
• (C) Babulal Jain V. Subhash Jain
• (D) Smt. P. Pankajam V. B. H. Chandrashekhar

Answer: (A)

Pratap Narain v. Y.P. Raheja — the advocate was held guilty for forging a court order.

Constitutional Law

Q15. Which of the following is not a real purpose of Public Interest Litigation?

• (A) Vindication of the rule of law
• (B) Facilitate effective access to Justice
• (C) Meaningful realization of Fundamental Rights
• (D) Getting famous and making wealth ✔

Answer: (D)

PIL is not meant for fame or wealth.

Constitutional Law

Q16. In Hussainara Khatoon V. State of Bihar, ———- emerged as a basic fundamental right.

• (A) Right to Speedy Justice ✔
• (B) Right to Clean Environment
• (C) Right to Free Legal Aid
• (D) None of these

Answer: (A)

Hussainara Khatoon v. State of Bihar (1979) — speedy trial.

Note: The case also read free legal aid into Art. 21.

Company Law & NI Act

Q17. “Doctrine of lifting of or piercing the corporate veil” is associated with

• (A) Labour Law
• (B) Company Law ✔
• (C) Banking Law
• (D) Service Law

Answer: (B)

Lifting the corporate veil is a company law doctrine.

Environmental Law

Q18. Under which Section of The Environment (Protection) Act, 1986, an appeal to National Green Tribunal (NGT) lies?

• (A) Section 4A
• (B) Section 5A ✔
• (C) Section 6A
• (D) Section 7A

Answer: (B)

s. 5A EPA (inserted by the NGT Act, 2010).

Environmental Law

Q19. Which one of the following Fundamental Duties relates to Environmental Protection?

• (A) Article 51A (b)
• (B) Article 51A (g) ✔
• (C) Article 51A (j)
• (D) Article 51A (k)

Answer: (B)

Art. 51A(g) — protect and improve the natural environment.

Cyber Law / IT Act · Law changed

Q20. Mr. A who was aggrieved by an order made by Controller or an adjudicating officer, made an appeal to Cyber Appellate Tribunal. Later Mr. A aggrieved by an order of Cyber Appellate Tribunal, may prefer an appeal ———

• (A) In any District Court
• (B) In Higher Tribunal
• (C) Only in High Court ✔
• (D) Only in Supreme Court

Answer: (C)

s. 62 IT Act — appeal to the High Court within sixty days.

Law now: The Cyber Appellate Tribunal was merged into TDSAT by the Finance Act, 2017.

Cyber Law / IT Act

Q21. Mr. X, a person who is intended by Mr. Y an originator to receive the electronic record is, under the IT Act, known as

• (A) Intermediary
• (B) Originators Agent
• (C) Addressee ✔
• (D) Key Holder

Answer: (C)

s. 2(1)(b) IT Act — addressee.

Labour Law

Q22. The minimum number of members required for registration of a trade union is-

• (A) 2
• (B) 3
• (C) 5
• (D) 7 ✔

Answer: (D)

s. 4 Trade Unions Act — seven members.

Law now: s. 6 Industrial Relations Code, 2020 keeps seven, plus 10% or 100 workmen.

Professional Ethics

Q23. If any advocate is aggrieved by an order of Disciplinary Committee of State Bar Council made under Section 35 of the Advocate Act or Advocate General of the State may prefer and appeal to the Bar Council of India within ____________ days of the date of communication of order.

• (A) 30
• (B) 45
• (C) 60 ✔
• (D) 90

Answer: (C)

s. 37 Advocates Act — sixty days.

Company Law & NI Act

Q24. ABC Private Limited Company choose to convert itself into a Public Company. It can do so by altering its Memorandum of Association and Articles of Association and by passing ———

• (A) Ordinary Resolution
• (B) Special Resolution ✔
• (C) Board Resolution
• (D) None of these

Answer: (B)

s. 14 Companies Act, 2013 — special resolution.

Labour Law

Q25. If the factory employs more than 1000 workers, they should appoint qualified —— to carry out the prescribed duties.

• (A) Safety officer ✔
• (B) Welfare officer
• (C) Development officer
• (D) None of these

Answer: (A)

s. 40B Factories Act — safety officers where 1,000 or more workers are employed.

Torts, MV & Consumer

Q26. Suppose road accident occurs, then being an Advocate what is the correct way of approaching the situation?

• (A) FIR > Petition > Summon to Insurance Company ✔
• (B) Petition > FIR > Summon to Insurance Company
• (C) Summon to Insurance Company > Petition > FIR
• (D) FIR > Summon to Insurance Company > Petition

Answer: (A)

FIR first, then the claim petition before the MACT, with notice to the insurer.

Torts, MV & Consumer

Q27. The principle of “Ubi jus ibi idem remedium” was recognized in

• (A) Winterbottom V. Wright
• (B) Chapman V. Pickersgill
• (C) Ashby V. White ✔
• (D) Rylands V. Fletcher

Answer: (C)

Ashby v. White (1703).

Torts, MV & Consumer

Q28. Gloucester Grammar School Case is a landmark case based on which of the following maxim?

• (A) Damnum sine injuria ✔
• (B) Injuria sine damnum
• (C) Volenti non fit injuria
• (D) Audi alteram partem

Answer: (A)

Gloucester Grammar School Case (1410) — damnum sine injuria.

Torts, MV & Consumer · Law changed

Q29. The National Consumer Disputes Redressal Commission under Consumer Protection Act, 2019 shall have the jurisdiction to complaints where the value of the goods or services paid as consideration exceeds

• (A) 1 Crore
• (B) 10 Crores ✔
• (C) 50 Crores
• (D) 100 Crores

Answer: (B)

s. 58 CPA 2019 — above Rs. 10 crore as enacted.

Law now: Since the 2021 Rules, the National Commission takes complaints above Rs. 2 crore.

Labour Law

Q30. The text of the Certified Standing Orders shall be prominently posted by the employer in and in the language understood by the majority of his workmen.

• (A) Hindi
• (B) English ✔
• (C) Devanagari Script
• (D) Language specified in 8th Schedule of the Constitution

Answer: (B)

s. 9 Industrial Employment (Standing Orders) Act — in English and the language of the majority.

Labour Law

Q31. A person who has ultimate control over the affairs of the factory under Factories Act, 1948 is called as — —-.

• (A) Occupier ✔
• (B) Managing Director
• (C) Chairman
• (D) Manager

Answer: (A)

s. 2(n) Factories Act — occupier.

Taxation

Q32. Mr. Kapoor purchased a residential house in January, 2021 for 80,00,000. He sold the house in April, 2022 for 94,00,000. In this case the gain of 14,00,000 arising on account of sale of residential house will be charged to tax under which of the following head?

• (A) Income from capital gains ✔
• (B) Income from house property
• (C) Income from profits and gains from business or profession
• (D) Income from other sources

Answer: (A)

A house held under 24 months gives short-term capital gains.

Taxation

Q33. Mr. Manjot is a trader supplying goods from his M/s Singh Traders. The office of the firm is located in Delhi whereas its godowns are located in the State of Uttar Pradesh, Punjab and Jammu & Kashmir (J&K) respectively. M/s Singh Traders made following intra-state supplies from different States during the current financial year:
(i) Delhi – Taxable Supplies: ₹ 21,00,000 (ii) Punjab – Exempted Supplies: ₹ 6,00,000 (iii) Uttar Pradesh- Taxable and Exempted Supplies: ₹ 3,00,000 each respectively.
(iv) J&K – Taxable and Exempted Supplies: ₹ 8,00,000 and ₹ 3,00,000 respectively. Ascertain the States in which Mr. Manjot is required to take registration under GST.

• (A) Delhi, Punjab, Uttar Pradesh and J&K
• (B) Delhi, Uttar Pradesh and J&K ✔
• (C) Delhi and Uttar Pradesh
• (D) Delhi

Answer: (B)

Aggregate turnover (Rs. 44 lakh) crosses the threshold, so registration is needed in each State making taxable supplies; Punjab has only exempt supplies.

Taxation · Law changed

Q34. The primary GST slabs for any regular taxpayers are presently pegged at

• (A) 0%, 5%, 12%, 18%, 26%
• (B) 0%, 6%, 12%, 18%, 28%
• (C) 0%, 5%, 12%, 18%, 28% ✔
• (D) 0%, 5%, 12%, 16%, 28%

Answer: (C)

0, 5, 12, 18 and 28 per cent were the slabs.

Law now: Since 22 September 2025 the main slabs are 5 and 18 per cent, with 40 per cent for luxury and sin goods.

Torts, MV & Consumer

Q35. Under Section 41 of Consumer Protection Act, 2019 an appeal from the order of District Commission lies to —–.

• (A) State Commission ✔
• (B) Consumer Tribunal
• (C) National Commission
• (D) High Court

Answer: (A)

s. 41 CPA 2019 — appeal to the State Commission.

Taxation

Q36. For an individual to be deemed to be resident in India in any previous year one of the condition is:

• (A) If he is in India for a period of 182 days or more during the previous year. ✔
• (B) If he is in India for a period of 180 days or more during the previous year.
• (C) If he is in India for a period of 181 days or more during the previous year.
• (D) If he is in India for a period of 360 days or more during the previous year.

Answer: (A)

s. 6(1)(a) — 182 days or more.

Contract & Property

Q37. A —– injunction can only be granted by the decree made at the hearing and upon the merits of the suit; the defendant is thereby perpetually enjoined from, the assertion of a right, or from the commission of an act, which could be contrary to the rights of the plaintiff.

• (A) Temporary
• (B) Perpetual ✔
• (C) Both Temporary and Perpetual
• (D) None of these

Answer: (B)

s. 37(2) SRA — perpetual injunction.

Contract & Property

Q38. According to Section 5 of Specific Relief Act, 1963 a person entitled to the possession of specific immovable property may recover it in the manner provided in —–

• (A) The Specific Relief Act, 1963
• (B) The Code of Civil Procedure, 1908 ✔
• (C) The Code of Criminal Procedure, 1973
• (D) The Transfer of Property Act, 1882

Answer: (B)

s. 5 SRA — in the manner provided by the CPC.

Contract & Property

Q39. Where the mortgagor delivers possession of the mortgaged property to the mortgagee, and authorises him to retain such possession until payment of the mortgage-money, and to receive the rents and profits accruing from the property in lieu of interest, or in payment of the mortgage-money, the transaction is called an —— mortgage.

• (A) Conditional
• (B) English
• (C) Simple
• (D) Usufructuary ✔

Answer: (D)

s. 58(d) TPA — usufructuary mortgage.

Contract & Property

Q40. In which of the following cases it was decided that a contract with minor is void?

• (A) Carlill V. Carbolic Smokes Ball Co
• (B) Chinnaih V. Ramaiah
• (C) Mohori Bibee V. Dharmodas Ghose ✔
• (D) Harvey V. Facey

Answer: (C)

Mohori Bibee v. Dharmodas Ghose (1903).

Contract & Property

Q41. B, the proprietor of a newspaper, publishes at A’s request, a libel upon C in the paper, and A agrees to indemnify B against the consequences of the publication, and all costs and damages of any action in respect thereof. B is sued by C and has to pay damages, and also incurs expenses. Decide in the light of the Section 224 of the Indian Contract Act, 1872.

• (A) A is not liable to B upon indemnity. ✔
• (B) A is liable to B upon indemnity.
• (C) A is not liable to C upon indemnity.
• (D) None of these

Answer: (A)

Illustration to s. 224 Contract Act — no indemnity for an act that is criminal.

Contract & Property

Q42. A person whom the agent names to act for the principal in the business of agency, under the express or implied authority to name, is called

• (A) Sub-agent
• (B) Substituted Agent ✔
• (C) Agent
• (D) Procured Agent

Answer: (B)

s. 194 Contract Act — substituted agent.

Land Acquisition

Q43. According to Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 appropriate Government can acquire the land for which of the following purposes? 1. for strategic purposes relating to naval, military, air force, and armed forces of the Union 2. project for water harvesting and water conservation structures, sanitation 3. project for project affected families 4. project for sports, health care, tourism, transportation or space programme

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

Answer: (D)

s. 2(1) RFCTLARR Act covers all four purposes.

Land Acquisition

Q44. ‘Specified person’ under Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 means any person other than ——-.

• (A) appropriate Government
• (B) Government company
• (C) association of persons or trust or society wholly or partially aided by the appropriate Government or controlled by the appropriate Government
• (D) All of these ✔

Answer: (D)

s. 3(zi) RFCTLARR Act excludes all three.

Intellectual Property

Q45. Who shall be the Registrar of Trade Marks for the purposes of Trade Marks Act, 1999?

• (A) Controller-General of Patents, Designs and Trade Marks. ✔
• (B) Controller-General of Copyright, Designs and Trade Marks
• (C) Director-General of Patents, Designs and Trade Marks
• (D) Director-General of Copyright, Designs and Trade Marks

Answer: (A)

s. 3 Trade Marks Act — Controller-General of Patents, Designs and Trade Marks.

Intellectual Property

Q46. Which one of the following is not a type/s of IPR?

• (A) Copyright
• (B) Patents
• (C) Designs
• (D) Historical Indications ✔

Answer: (D)

Geographical indications are IPR; “historical indications” are not.

Contract & Property

Q47. Which of the following is/are CORRECT with respect to “Declaratory Decrees” under The Specific Relief Act, 1963?

• (A) Section 34 of the said Act deals with it.
• (B) It is discretionary in nature.
• (C) Both, (Section 34 of the said Act deals with it) and (It is discretionary in nature) ✔
• (D) None of these

Answer: (C)

s. 34 SRA — declaratory decrees are discretionary.

Company Law & NI Act

Q48. Which of the following is not a Negotiable Instrument as defined under The Negotiable

• (A) Promissory Note
• (B) Bill of Exchange
• (C) Cheque
• (D) Billing Receipt ✔

Answer: (D)

s. 13 NI Act — promissory note, bill and cheque.

Constitutional Law

Q49. By which of the following Amendment Act of 1985, Anti Defection Law was added in the Constitution of India?

• (A) 51st Constitutional Amendment
• (B) 52nd Constitutional Amendment ✔
• (C) 53rd Constitutional Amendment
• (D) 54th Constitutional Amendment

Answer: (B)

The 52nd Amendment (1985) added the Tenth Schedule.

Constitutional Law

Q50. In which one of the following cases the Supreme Court decided that, a constitutional amendment is a ‘law’ within the meaning of Article 13(2) and therefore if it violates any of the fundamental rights it may be declared void?

• (A) Sajjan Singh V. State of Rajasthan
• (B) Keshvananda Bharati V. State of Kerala
• (C) Indra Sawhney V. Union of India
• (D) Golak Nath V. State of Punjab ✔

Answer: (D)

I.C. Golak Nath v. State of Punjab (1967).

Note: Reversed by the 24th Amendment and Kesavananda Bharati (1973).

Constitutional Law

Q51. Uniform Civil Code in India is:

• (A) Fundamental Rights
• (B) Directive Principles of State Policy ✔
• (C) Government Policy
• (D) Constitutional Right

Answer: (B)

Art. 44 — a Directive Principle.

Constitutional Law

Q52. As per Article 16, No citizen shall, on grounds only of —– or any of them, be ineligible for, or discriminated against in respect of, any employment or office under the State.

• (A) religion, race, caste, sex, descent, place of birth, residence ✔
• (B) religion, age, caste, sex, descent, place of birth, residence
• (C) religion, race, age, sex, descent, place of birth, residence
• (D) religion, race, caste, sex, descent, place of birth, age

Answer: (A)

Art. 16(2) — religion, race, caste, sex, descent, place of birth, residence.

Note: No key was published for this question; the answer is Lawizard’s.

Constitutional Law

Q53. The minimum number of Judges who are to sit for the purpose of deciding any case involving a substantial question of law as to the interpretation of this Constitution or for the purpose of hearing any reference under Article 143 shall be ——

• (A) 2
• (B) 3
• (C) 4
• (D) 5 ✔

Answer: (D)

Art. 145(3) — five judges.

Constitutional Law

Q54. According to the Article 300A of the Constitution of India, No____________ shall be deprived his property save by authority of law.

• (A) person ✔
• (B) citizen
• (C) foreigner
• (D) Indian

Answer: (A)

Art. 300A — “no person”.

Constitutional Law · Withdrawn / Grace

Q55. The title of the Constitution of India is laid down in

• (A) Article 1
• (B) Article 5
• (C) Article 390
• (D) Article 393 ✔

Answer: (D) (question withdrawn / grace marks given by the BCI)

Art. 393 — short title of the Constitution.

Note: Published as withdrawn.

Constitutional Law

Q56. Constitutional provisions of Fundamental Rights (FRs) are given under which part of the Constitution of India?

• (A) Part I
• (B) Part II
• (C) Part III. ✔
• (D) Part IV

Answer: (C)

Part III.

IPC / BNS · Law changed

Q57. Under Section 82 and 83 of Indian Penal Code, an offence is punishable if it is done by a child

• (A) of below seven years of age.
• (B) of above seven years of age but below twelve years having attained sufficient maturity and understanding. ✔
• (C) of above seven years of age but below ten years having attained sufficient maturity and understanding.
• (D) of above seven years of age but below twelve years not having attained sufficient maturity and understanding.

Answer: (B)

s. 83 IPC — a child of 7 to 12 with sufficient maturity is liable.

Law now: Now s. 21 BNS.

IPC / BNS

Q58. Name two essential conditions of Penal Liability.

• (A) Guilty Body & Rightful Act
• (B) Guilty Intent & Wrong Motive
• (C) Guilty Mind & Wrongful Act ✔
• (D) Guilty Motive and Wrongful Act

Answer: (C)

Mens rea and actus reus.

IPC / BNS

Q59. Provisions for Right of Private Defence is given between ——- of IPC.

• (A) Sections 74-84
• (B) Sections 96-106 ✔
• (C) Sections 107-120
• (D) Sections 141-160

Answer: (B)

ss. 96-106 IPC.

Law now: Now ss. 34-44 BNS.

IPC / BNS

Q60. The consent is not a valid consent under Section 90 of IPC:

• (A) If given under fear of injury or misconception of fact.
• (B) If given by person of unsound mind.
• (C) If given by child below 12 years of age.
• (D) All of these ✔

Answer: (D)

s. 90 IPC.

Law now: Now s. 28 BNS.

IPC / BNS · Law changed

Q61. Causing of the death of child in the mother’s womb is not homicide as provided under…..

• (A) Explanation III to Section 300
• (B) Explanation III to Section 299 ✔
• (D) Explanation III to Section 302

Answer: (B)

Explanation III to s. 299 IPC.

Note: Option (C) is missing in the source paper and no key was published; the answer is Lawizard’s.

Law now: Now Explanation 3 to s. 100 BNS.

IPC / BNS · Law changed

Q62. Punishment for Defamation under Indian Penal Code is simple imprisonment for a term which may extend to ———- or with fine or with both.

• (A) 2 Years ✔
• (B) 3 Years
• (C) 4 Years
• (D) 5 Years

Answer: (A)

s. 500 IPC — up to two years.

Law now: s. 356(2) BNS adds community service.

Constitutional Law · Withdrawn / Grace

Q63. Which of the following is not ‘Law’ according to Article 13 of Indian Constitution?

• (A) Rule
• (B) By-laws
• (C) Custom or usage
• (D) None of these ✔

Answer: (D) (question withdrawn / grace marks given by the BCI)

Art. 13(3)(a) — law includes rules, bye-laws and custom or usage, so none is excluded.

Note: Published as withdrawn.

Constitutional Law

Q64. Which of the following Schedule deals with Union list, State list and Concurrent list in the Constitution of India?

• (A) Schedule 7 ✔
• (B) Schedule 10
• (C) Schedule 11
• (D) Schedule 12

Answer: (A)

Seventh Schedule.

CrPC / BNSS

Q65. The provision of ‘Plea Bargaining’ under chapter XXIA of CrPC are not applicable if the offence is committed against a child below the age of ——-

• (A) 12 years
• (B) 14 years ✔
• (C) 16 years
• (D) 18 years

Answer: (B)

s. 265A CrPC — a child below fourteen.

CrPC / BNSS

Q66. Section 125 of the Criminal Procedure Code is “SECULAR” in character was observed in which of the following case?

• (A) Lalita Kumari V. State of Uttar Pradesh
• (B) Arnesh Kumar’s Case
• (C) Mohd. Ahmed Khan V. Shah Bano Begum ✔
• (D) Selvy V. State of Karnataka

Answer: (C)

Mohd. Ahmed Khan v. Shah Bano Begum (1985).

CrPC / BNSS · Law changed

Q67. Who has the power of summary trial of a case?

• (A) Chief Judicial Magistrate
• (B) Metropolitan Magistrate
• (C) Any Magistrate of first class specially empowered by the High Court
• (D) All of these ✔

Answer: (D)

s. 260 CrPC.

Law now: Now s. 283 BNSS.

CrPC / BNSS

Q68. Which Sections deal with the processes to compel appearance under Code of Criminal Procedure 1973?

• (A) Sections 61 to 90 ✔
• (B) Sections 154 to 173
• (C) Sections 211 to 219
• (D) Sections 274 to 282

Answer: (A)

Chapter VI (ss. 61-90) CrPC.

CrPC / BNSS

Q69. An offence for which, a police officer may arrest a person without warrant is known as

• (A) Non-cognizable offence
• (B) Cognizable offence ✔
• (C) Bailable offence
• (D) None of these

Answer: (B)

s. 2(c) CrPC — cognizable offence.

IPC / BNS · Law changed

Q70. Assault or criminal force to women with intent to outrage her modesty under IPC is which kind of offence?

• (A) Non-Cognizable and Bailable
• (B) Cognizable and Bailable
• (C) Cognizable and Non-Bailable ✔
• (D) Non-Cognizable and Non-Bailable

Answer: (C)

s. 354 IPC — cognizable and non-bailable.

Law now: Now s. 74 BNS.

IPC / BNS

Q71. ‘A’ places men with firearms at the outlets of a building and tells ‘Z’, that they will fire at ‘Z’, if ‘Z’ attempts to leave the building. ‘A’ is guilty of:

• (A) wrongful confinement
• (B) wrongful restraint
• (C) Both wrongful confinement and wrongful restraint ✔
• (D) None of these

Answer: (C)

Illustration (b) to s. 340 IPC — A wrongfully confines Z; every wrongful confinement is also a wrongful restraint.

CrPC / BNSS · Law changed

Q72. Any police officer making an investigation under Section 160 of CrPC cannot require the attendance of a male, at a place other than the place of his residence who is

• (A) under the age of 15 years and above the age of 60 years
• (B) under the age of 18 years and above the age of 60 years
• (C) under the age of 15 years and above the age of 65 years ✔
• (D) under the age of 18 years and above the age of 65 years

Answer: (C)

Proviso to s. 160(1) CrPC — a male under 15 or above 65.

Law now: Under s. 179 BNSS the upper limit is 60, and persons with acute illness are also exempt.

Professional Ethics · Law changed

Q73. If someone lies before the court on affidavit, how it can be tackled by the Advocates?

• (A) Perjury Application can be filed. ✔
• (B) Withdraw from the case.
• (C) File application to support that.
• (D) Pay the fine for the same.

Answer: (A)

A perjury application under s. 340 CrPC.

Law now: Now s. 379 BNSS.

CrPC / BNSS

Q74. Proclamation for person absconding shall be published as follows:
(i) It shall be publicly read in some conspicuous place of the town or village in which such person ordinarily resides;
(ii) It shall be affixed to some conspicuous part of the house or homestead in which such person ordinarily resides or to some conspicuous place of such town or village;
(iii) A copy thereof shall be affixed to some conspicuous part of the Court-house;
(iv) The Court may also, if it thinks fit, direct a copy of the proclamation to be published in a daily newspaper circulating in the place in which such person ordinarily resides.

• (A) Only ii, iii, iv are correct.
• (B) Only ii and iii are correct.
• (C) Only i, iii, iv are correct.
• (D) All i, ii, iii, iv are correct. ✔

Answer: (D)

s. 82(2) CrPC.

CrPC / BNSS · Law changed

Q75. In a summons trial case instituted on a complaint wherein the summons has been issued to the accused, the non-appearance or death of the complainant shall entail ——–.

• (A) Discharge of the accused
• (B) Acquittal of the accused ✔
• (C) Either discharge or acquittal depending on the facts & circumstances of the case
• (D) None of these

Answer: (B)

s. 256 CrPC — the accused is acquitted.

Law now: Now s. 279 BNSS.

CrPC / BNSS · Law changed

Q76. Suppose F.I.R. is not registered by the Station House Officer. What are the options that the complainant has?

• (A) Approach Superintendent of Police
• (B) Approach Magistrate by filing Private Complaint
• (C) None of these
• (D) Both (Approach Superintendent of Police) & (Approach Magistrate by filing Private Complaint) ✔

Answer: (D)

s. 154(3) CrPC to the SP, or a complaint to the Magistrate (ss. 156(3), 200).

Law now: Now s. 173(4) BNSS.

Code of Civil Procedure

Q77. Which of the following Section of Civil Procedure Code deals with the concept of Res Judicata?

• (A) Section 10
• (B) Section 11 ✔
• (C) Section 12
• (D) Section 13.

Answer: (B)

s. 11 CPC.

Code of Civil Procedure

Q78. Mr. X, Mr. Y and Mr. Z are jointly and severally liable for 10,000 under a decree obtained by Mr. A. Mr. Y obtains a decree for 10,000 against Mr. A singly and applies for execution to the Court in which the joint- decree is being executed. Which of the following option is correct for Mr. A?

• (A) Mr. A may treat his joint-decree as cross-decree under Order 21 Rule 18. ✔
• (B) Mr. A cannot treat his joint-decree as cross-decree under Order 21 Rule 18.
• (C) Mr. A cannot treat his joint-decree as cross-decree under Order 22 Rule 18.
• (D) None of these

Answer: (A)

Illustration (d) to O. 21 R. 18 CPC.

Code of Civil Procedure

Q79. A, B and C are coparceners of Joint Hindu Family. They jointly execute a mortgage in favour of Y. Y files a suit against all of them. Summons is served to C but not to A and B. None of them appears and an ex parte decree is passed against all. A and B applied to set aside the ex parte decree. The decree will be set aside against.

• (A) Only C
• (B) Only A & B
• (C) A, B and C ✔
• (D) None of these

Answer: (C)

Proviso to O. 9 R. 13 CPC — where the decree cannot be set aside against one alone, it is set aside against all.

Code of Civil Procedure

Q80. Which of the following provision of Civil Procedure Code, 1908 deals with the Institution of Suits?

• (A) Section 22
• (B) Section 24
• (C) Section 26 ✔
• (D) Section 28

Answer: (C)

s. 26 CPC.

Code of Civil Procedure

Q81. Defendant shall, within —— days from the date of service of summon on him, present a Written Statement of his defence (ORDER VIII).

• (A) 15
• (B) 30 ✔
• (C) 60
• (D) 45

Answer: (B)

O. 8 R. 1 CPC — thirty days, extendable to ninety.

Code of Civil Procedure

Q82. Which of the following statement is incorrect?

• (A) First appeal can be on question of fact or law or both.
• (B) Second appeal can be on substantial question of law only.
• (C) Second appeal can be on question of fact or law or both. ✔
• (D) First appeal may or may not be in the High Court, Second appeal has to be in the High Court.

Answer: (C)

s. 100 CPC — a second appeal lies only on a substantial question of law.

Code of Civil Procedure

Q83. Which Order of Civil Procedure Code deals with Temporary Injunction and Interlocutory Injunction?

• (A) Order 38
• (B) Order 39 ✔
• (C) Order 40
• (D) Order 41

Answer: (B)

O. 39 CPC.

Code of Civil Procedure

Q84. A is a tradesman in Ahmedabad, B carries on business in Delhi. B, by his agent in Ahmedabad, buys goods of A and requests A to deliver them to the Western Roadways Transport Company. A delivers the goods accordingly in Ahmedabad. A may sue B for the price of the goods.

• (A) In Ahmedabad only
• (B) In Delhi only
• (C) In either Ahmedabad or Delhi ✔
• (D) Anywhere in India

Answer: (C)

Illustration (a) to s. 20 CPC.

Evidence / BSA

Q85. The doctrine of ‘Res Gestae’ has been discussed in which Section of the Evidence Act?

• (A) Section 5
• (B) Section 6 ✔
• (C) Section 10
• (D) Section 11

Answer: (B)

s. 6 — res gestae.

Evidence / BSA · Law changed

Q86. When the liability of a person who is one of the parties to the suit depends upon the liability of a stranger to the suit, then an admission by the stranger in respect of his liability shall be an admission on the part of that person who is a party to the suit. It has been so provided under which Section of the Indian Evidence Act, 1872?

• (A) Section 17
• (B) Section 18
• (C) Section 19 ✔
• (D) Section 21

Answer: (C)

s. 19 Evidence Act.

Law now: Now s. 17 BSA.

Evidence / BSA

Q87. Judicial Evidence means

• (A) Evidence received by Courts in proof or disproof of facts ✔
• (B) Evidence received by Police Officer
• (C) Evidence received by Home Department
• (D) Evidence received by Tribunal.

Answer: (A)

Evidence received by courts.

Evidence / BSA

Q88. Which of the following is not a ‘document’ according to the Indian Evidence Act, 1872?

• (A) An inscription on a metal plate or stone
• (B) A map or plan
• (C) A caricature
• (D) None of these ✔

Answer: (D)

s. 3 — all three are documents.

Evidence / BSA · Law changed

Q89. “Presumptions as to Dowry Deaths” is given under which Section?

• (A) 113A
• (B) 113B ✔
• (C) 114A
• (D) 114B

Answer: (B)

s. 113B — presumption as to dowry death.

Law now: Now s. 118 BSA.

Evidence / BSA

Q90. Which of the following is not ‘Secondary evidence’ as per Section 63 of Indian Evidence Act, 1872?

• (A) Copies made from the original by mechanical processes which in themselves insure the accuracy of the copy, and copies compared with such copies.
• (B) Copies made from or compared with the original.
• (C) Oral accounts of the contents of a document given by some person who has himself seen it.
• (D) Copies not certified under Section 63. ✔

Answer: (D)

s. 63 lists the other three as secondary evidence.

Code of Civil Procedure

Q91. As per Order VI, Pleading shall mean?

• (A) Plaint
• (B) Written Statement
• (C) Both Plaint and Written Statement ✔
• (D) None of these

Answer: (C)

O. 6 R. 1 CPC.

Code of Civil Procedure

Q92. Which of the following Order deals with “Death, Marriage and Insolvency of Parties”?

• (A) Order 20
• (B) Order 21
• (C) Order 22 ✔
• (D) Order 23

Answer: (C)

O. 22 CPC.

Arbitration & ADR

Q93. The Arbitral Tribunal shall not be bound by —— in the determination of rules of procedure.

• (A) The Code of Civil Procedure, 1908
• (B) The Indian Evidence Act, 1872
• (C) The Code of Criminal Procedure, 1973
• (D) Both, (The Code of Civil Procedure, 1908) and (The Indian Evidence Act, 1872) ✔

Answer: (D)

s. 19(1) A&C Act.

Arbitration & ADR

Q94. Which of the following Section deals with “Arbitration Agreement” in Arbitration and Conciliation Act, 1996?

• (A) Section 6
• (B) Section 7 ✔
• (C) Section 8
• (D) Section 9

Answer: (B)

s. 7 A&C Act.

Arbitration & ADR

Q95. Under what circumstances the arbitral proceedings can be terminated? 1. Final Arbitral award 2. Interim award 3. Where the arbitral tribunal issues an order for the termination

• (A) 1 and 3 ✔
• (B) 1 and 2
• (C) 2 and 3
• (D) 1, 2 and 3

Answer: (A)

s. 32 — the final award or the tribunal’s order; an interim award does not end the proceedings.

Arbitration & ADR

Q96. Under Section 29 of The Arbitration And Conciliation Act, 1996 arbitral proceedings with more than one arbitrator, any decision of the arbitral tribunal ——

• (A) shall be made by all members
• (B) shall be made by 2/3 majority of its members
• (C) shall be made by the chief arbitrator
• (D) shall be made by majority of its members ✔

Answer: (D)

s. 29 — by a majority of members.

Family Law

Q97. The provision for ‘maintenance pendente lite’ in Hindu Marriage Act, 1955 is given in —.

• (A) Section 22
• (B) Section 23
• (C) Section 24 ✔
• (D) Section 25

Answer: (C)

s. 24 HMA.

Family Law

Q98. A Muslim wife may sue for divorce under the Dissolution of Muslim Marriage Act, 1939 Section 2, if the husband has been insane for a period of:

• (A) 1 year
• (B) 2 years ✔
• (C) 5 years
• (D) 7 years

Answer: (B)

s. 2(vi) DMMA — insanity for two years.

Evidence / BSA

Q99. A leading question may be asked in

• (A) Examination-in-chief
• (B) Re-examination
• (C) Cross examination ✔
• (D) None of these

Answer: (C)

s. 143 — leading questions in cross-examination.

Evidence / BSA · Key corrected

Q100. Extra Judicial Confession means

• (A) Confessions made either to Police or person other than Judges and Magistrates. ✔
• (B) Confessions made before Magistrates.
• (C) Confessions made before Judges.
• (D) None of these

Answer: (A)

An extra-judicial confession is one made to anyone other than a Magistrate or court.

Note: The published key gives (C), which describes a judicial confession.