HRY PRELIMS 2017 Set B
You'll attempt 10 questions with instant scoring and explanations at the end. (115 more in the full paper.)
Sample questions from HRY PRELIMS 2017 Set B
The first 10 questions of this Haryana Judiciary (HCS-JB) Prelims paper, with answers and explanations.
Q1. A compromise which is voidable under Indian Contract Act, 1872 shall not be deemed to be .................. within the meaning of Order XXIII Rule 3 of Code of Civil Procedure, 1908.
- A. void
- B. voidable
- C. illegal
- D. lawful
- E. None of the above
Reveal answer
Answer: D — lawful
Order XXIII Rule 3 provides that a compromise or agreement which is void or voidable under the Contract Act shall not be deemed to be lawful within the meaning of this rule. The answer is lawful because the rule uses the word 'lawful' as the test for a valid compromise decree.
Q2. Where an appellant has withdrawn the appeal preferred against a decree passed ex parte, a subsequent application filed under Order IX Rule 13 of Code of Civil Procedure, 1908 shall be:
- A. Rejected
- B. Returned
- C. Maintainable
- D. Referred to the appellate court
- E. None of the above
Reveal answer
Answer: C — Maintainable
An application under Order IX Rule 13 to set aside an ex parte decree is an independent remedy from an appeal. Withdrawal of appeal does not bar the party from seeking to set aside the ex parte decree.
Q3. Which provision of Code of Civil Procedure, 1908 debars a tenant from filing inter-pleader suit against his landlord?
- A. Section 88
- B. Section 90
- C. Order XXXV Rule 3
- D. Order XXXV Rule 4
- E. None of the above
Reveal answer
Answer: E — None of the above
Order XXXV Rule 5 of CPC debars agents and tenants from filing interpleader suits against their principals and landlords respectively. Since this specific provision is not listed among the options, the answer is None of the above.
Q4. Composition of an offence under Code of Criminal Procedure, 1973 will result in ................ of the accused.
- A. acquittal
- B. discharge
- C. compromise
- D. probation
- E. None of the above
Reveal answer
Answer: A — acquittal
Section 320(8) provides that the composition of an offence shall have the effect of an acquittal of the accused with whom the offence has been compounded.
Q5. In one trial, X is convicted against which no appeal lies, whereas conviction against Y is appealable. Whether X can file an appeal against his conviction?
- A. No
- B. Yes
- C. Only with special leave
- D. There is no such provision
- E. None of the above
Reveal answer
Answer: B — Yes
Section 380 CrPC provides that where in a joint trial of persons the conviction of one is appealable and of the other is not, the latter may also appeal. This ensures no prejudice to a co-accused.
Q6. Under Section .............. of Code of Criminal Procedure, 1973, it is mandatory for a police officer to inform the person arrested without warrants, about the right of bail if the offence is not non-bailable.
- A. 41A
- B. 50
- C. 50A
- D. 54
- E. None of the above
Reveal answer
Answer: B — 50
Section 50 mandates that a police officer arresting without warrant must communicate the full particulars of the offence and inform the person that he is entitled to be released on bail if the offence is bailable.
Q7. X, a blacksmith, is seized by a gang of dacoits and forced, by threat of instant death to take his tools and forced him to open the door of Y's house. The dacoits then looted Y's money and jewels and also killed Y's son Z. What offence, among the following offences under Indian Penal Code, 1860 has been committed by X?
- A. Dacoity with murder
- B. Abetment of dacoity and murder
- C. No offence
- D. Preparation to commit dacoity
- E. None of the above
Reveal answer
Answer: C — No offence
X acted under threat of instant death, which constitutes duress. Under Section 94 IPC (act done under compulsion or threat), X committed no offence as he was compelled by threat of instant death. The exception under Section 94 applies to all offences except murder and offences punishable with death.
Q8. For constituting an offence of 'Abduction' under Indian Penal Code, 1860, the abducted male person should be:
- A. Below 16 years of age
- B. Below 18 years of age
- C. Insane
- D. Of any age
- E. None of the above
Reveal answer
Answer: D — Of any age
Section 362 defines abduction: whoever by force compels, or by deceitful means induces, any person to go from any place. There is no age qualification for abduction. Age is relevant only for kidnapping under Section 361 (16 for males, 18 for females).
Q9. How many minimum number of persons are required to constitute the offence of rioting under Section 146 of Indian Penal Code, 1860?
- A. 2
- B. 5
- C. 3
- D. 11
- E. None of the above
Reveal answer
Answer: B — 5
Section 146 defines rioting as the use of violence or force by an unlawful assembly or any member thereof. Under Section 141, an unlawful assembly requires five or more persons. Therefore, rioting requires a minimum of five persons.
Q10. The five golden principles which constitute the 'Panchsheel' of the proof of a case based on circumstantial evidence are laid down in:
- A. Haricharan Kurmi v. State of Bihar (AIR 1964 SC 1184)
- B. Sharad v. State of Maharashtra (AIR 1984 SC 1622)
- C. Ram Singh v. Col. Ram Singh (AIR 1986 SC 3)
- D. Kashmir Singh v. State of M.P. (AIR 1952 SC 159)
- E. None of the above
Reveal answer
Answer: B — Sharad v. State of Maharashtra (AIR 1984 SC 1622)
In Sharad Birdhichand Sarda v. State of Maharashtra, the Supreme Court laid down the five golden principles (Panchsheel) for conviction based on circumstantial evidence: the chain must be complete, facts must be consistent only with guilt, circumstances must be conclusive, they must exclude every hypothesis except guilt, and there must be a chain without any break.
Want the full paper? Create a free account or see premium plans.