Judiciary & LLM MCQ – 11

Q.1. A commits house-breaking by day with the intent to commit adultery, and commits, in the house so entered, adultery with B’s wife. Applying Section 220 Cr. P.C.:

(a) A may be separately charged with, and convicted of offences u/ss. 451 and 494 of the Indian Penal Code (45 of 1860)

(b) A may be separately charged with, and convicted of offences u/ss. 452 and 495 of the Indian Penal Code (45 of 1860)

(c) A may be separately charged with, and convicted of offences u/ss. 453 and 496 of the Indian Penal Code (45 of 1860)

(d) A may be separately charged with, and convicted of offences u/ss. 454 and 497 of the Indian Penal Code (45 of 1860)

 

 

Q.2. A wrongfully strikes B with a cane. Applying Section 220 Cr. P.C.:

(a) A may be separately charged with and convicted of, offences u/ss. 352 and 320 of the Indian Penal Code (45 to 1860)

(b) A may be separately charged with and convicted of, offences u/ss. 352 and 321 of the Indian Penal Code (45 to 1860)

(c) A may be separately charged with and convicted of, offences u/ss. 352 and 322 of the Indian Penal Code (45 to 1860)

(d) A may be separately charged with and convicted of, offences u/ss. 352 and 323 of the Indian Penal Code (45 to 1860)

 

 

Q.3. As per Section 93 Cr. P.C. which one of the following is true?

(a) Search and seizure pursuant to a warrant u/s. 93 obtained during an investigation is nothing but an integral step in an investigation

(b) it comprehends a situation where a search warrant can be issued as the Court is unaware not only of the person but even the place where the documents may be found and a general search is necessary

(c) One cannot cut down the power of the Court u/s. 93 (1) (c) Cr. P.C. by importing into it some of the requirements of Section 93 (1) (b) Cr. P.C.

(d) all of them

 

Q.4. According to John Locke _______________?

(a) The state of nature was a chaotic mess, only the property was secure

(b) When the Government ceases to uphold and protect the natural rights its laws then have no validity and at that time, the government may be overthrown

(c) Law is dependent upon the sanction of the sovereign and Governments without swords are but words, and of no strength to secure a man at all

(d) “Social contract” is not a historical fact but merely a hypothetical conception

 

 

Q.5. Primary purpose of Legal theory is _______________?

(a) To study the origin of law
(b) To study the development of law
(c) To understand the complexity of law
(d) To define law

 

Q.6. In India, the decision of a superior court will act as a___________ for every court subordinate to it?

(a) Declaratory precedent
(b) Absolutely authoritative precedent
(c) Conditionally authoritative precedent
(d) Original precedent

 

Q.7. Precedents in general _____________________?
(a) Show disrespect towards the opinion of one’s ancestors

(b) Provide rigidity and finality to the law

(c) Give rise to practical and perfect laws because they are the result of concrete problems that have actually happened

(d) Provide consistent development of law because case law is not dependent on chance

 

Q.8. The Interest Theory of legal rights was mainly propounded by _____________?

(a) Hegel
(b) Humes
(c) Salmond
(d) Ihering

 

 

Q.9. Possession in fact in also known as ____________________?

(a) De facto possession
(b) De jure possession
(c) Constructive possession
(d) Immediate possession

 

Q.10. Who among the following considers title as the fifth element of legal right?

(a) Holland
(b) Salmond
(c) Kent
(d) Austin

 

 

Answers

1. Correct Answer: D

2. Correct Answer: D

3. Correct Answer: D

4. Correct Answer: B

5. Correct Answer: D

6. Correct Answer: B

7. Correct Answer: C

8. Correct Answer: D

9. Correct Answer: A

10. Correct Answer: B