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Latest UPSC Assistant Public Prosecutor Exam Question (Objective Questions), MCQ in English

Subjects : Criminal Procedure Code,1973 Indian Evidence Act, 1872

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Criminal Procedure Code,1973 Indian Evidence Act, 1872

Question 1Single Answer

The Draft of Indian Evidence Act, 1872 was prepared by .

A
Lord Macaulay
B
Sir James F. Stephen
C
Huxley
D
Sir Henery Maine

Question 2Single Answer

Who drafted the Indian Evidence Act

A
Lord Denning
B
A.V. Dicey
C
Lord Macaulay
D
J. F. Stephen

Question 3Single Answer

Which of the following statements is correct in relation to Evidence Act ?

A
Sir Henry Maine prepared the draft Bill of the Act
B
Sir James Stephen prepared the draft Bill of the Act
C
The draft Bill of the Act was prepared by II Law
D
None of the above

Question 4Single Answer

The law of evidence under the Indian Evidence Act, 1872 is

A
Substantive Law
B
Procedural Law
C
Substantive and Procedural Law
D
None of the above

Question 5Single Answer

Law of evidence is

A
A substantive law
B
an adjective law
C
Both (A) and (B)
D
Neither (A) nor (B)

Question 6Single Answer

Indian Evidence Act, 1872 applies to

A
Only civil proceedings
B
Only criminal proceedings
C
Civil and criminal Proceeding both
D
None of the above

Question 7Single Answer

Indian Evidence Act, applies to both Civil and Criminal Proceedings before a Court is the statement :

A
Not correct
B
Correct
C
Partly correct
D
None of the above

Question 8Single Answer

Law of Evidence :

A
Retrospective
B
Effect the fundamental right of person
C
Always have prospective effect
D
Not a procedural law

Question 9Single Answer

Point out the correct answer
Law of Evidence is

A
Lex Talionis
B
Lex Fori
C
Lex Loci
D
Lex Situ

Question 10Single Answer

The meaning of 'Lex Loci' is :

A
Law of the Land is Supreme
B
Law of Land
C
Local Laws
D
Law of England

Question 11Single Answer

The Indian Evidence Act, 1872 has been divided into………Parts and ........... Chapters .

A
2, 10
B
3, 11
C
4, 12 3, 12
D
3, 12

Question 12Single Answer

How many Sections and Chapters are there in Indian Evidence Act ?

A
164 Sections and 10 Chapters
B
167 Sections and 10 Chapters
C
167 Sections and 11 Chapters
D
167 Sections and 9 Chapters

Question 13Single Answer

As per preamble of the Indian Evidence Act, 1872, the purpose of this Act is

A
to provide, define and amend the law of evidence
B
to provide, consolidate the law of evidence
C
to define and amend the law of evidence
D
to consolidate, define and amend the law of evidence

Question 14Single Answer

Indian Evidence Act, 1872 was enacted on the of

A
6th October, 1860
B
1st March, 1874
C
15th March, 1872
D
1st September, 1872

Question 15Single Answer

Which one of of the following dates enforcement of Indian Evidence Act, 1872 is correct ?

A
15th March, 1872
B
1st September, 1872
C
1st July, 1872
D
1st February, 1872

Question 16Single Answer

Indian evidence act was enforced

A
1 Sep. 1862
B
1 Oct. 1872
C
1 July 1872
D
None of the above

Question 17Single Answer

The Indian Evidence Act applies to -

A
proceedings before tribunals
B
affidavits presented to any court or
C
proceedings before an arbitrator
D
None of the above

Question 18Single Answer

The affidavit given to the Court is

A
not an evidence
B
an evidence
C
merely a written statement
D
a proof

Question 19Single Answer

Indian Evidence Act 1872 does not apply to

A
Affidavits produced before the court
B
proceedings before the arbitrator
C
Both (a) and (b)
D
On Judicial proceedings before the courtv

Question 20Single Answer

The Indian Evidence Act applies to

A
Affidavits
B
Judicial proceedings
C
Arbitration proceedings
D
All of these

Question 21Single Answer

The Indian Evidence Act, 1872 applies to

A
administrative tribunal's proceedings
B
arbitrator's proceedings
C
contempt's proceedins
D
none of the above

Question 22Single Answer

Which evidence is not admissible ?

A
Evidence on affidavit
B
Oral evidence
C
Documentary evidence
D
Expert evidence

Question 23Single Answer

To which of the following does the Evidence Act apply ?

A
Non-judicial proceedingsf
B
Affidavits
C
Judicial proceedings
D
Arbitration proceedings

Question 24Single Answer

The Indian Evidence Act, 1872 applies to :-

A
All judicial proceedings in or before any Court
B
affidavits presented to any Court or officer
C
proceedings before an Arbitrator
D
All the above

Question 25Single Answer

The Indian Evidence Act :

A
applies to proceedings before an arbitrator
B
does not apply to proceedings before an arbitrator
C
does not apply to appeals
D
is basically a substantive law

Question 26Single Answer

Indian evidence Act does not apply

A
In Jammu & Kashmir
B
In Jammu-Kashmir and Nagaland
C
Jammu & Kashmir, Nagaland, Schedule tribes area
D
At all the above place

Question 27Single Answer

Select the incorrect statements using the code given below :
1. The Indian Evidence Act does not apply to arbitration proceedings.
2. The Indian Evidence Act does not apply to proceedings before a Commissioner appointed by the court for recording evidence.
3. The Indian Evidence Act Act applies to affidavits presented to courts
4. The Indian Evidence Act applies to judicial proceedings held before all kinds of military courts
Codes :

A
2, 3 are incorrect
B
2, 3 and 4 are incorrect
C
1 and 3 are incorrect
D
None of the above is incorrect

Question 28Single Answer

Section-2 of the Indian Evidence Act was repealed by

A
Repealing Act, 1948
B
Repealing Act, 1945
C
Repealing Act, 1938
D
Repealing Act, 1883

Question 29Single Answer

In the Indian Evidence Act, the expression "Court" means

A
All Judges
B
All Magistrates
C
All persons except Arbitrators, legally authorised to take evidence
D
All the above

Question 30Single Answer

Which of the following is not included in the expression of "court" under Indian Evidence Act, 1872 ?

A
All Judges
B
All Magistrates
C
All persons legally authorised to tak evidence
D
Arbitrator

Question 31Single Answer

Which one of the following does not fall within the definition of the term Court under Indian Evidence Act, 1872 ?

A
All Judges
B
All Magistrates
C
All Consumer Forums
D
All persons legally authorised to take evidence

Question 32Single Answer

Which of the following does not the definition of the term of 'Court' ?

A
Magistrate
B
Judges
C
Arbitrator
D
Income tax appellate officer

Question 33Single Answer

The term "Court", as defined in the Indian Evidence Act, 1872, does not include

A
Presiding Officer of a Labour Court
B
Tahsildar
C
Arbitrator
D
Commissioner appointed by a Civil Court

Question 34Single Answer

Which of the following statement is not correct in relation in words and expressions used in Section 3 of the Indian Evidence Act ?

A
'Fact' includes not only state of things but also mental condition
B
'Court' includes arbitrators
C
An inscription on a stone is a document
D
A fact is said to be not proved when it is neither proved nor disproved

Question 35Single Answer

Which one of the following is not judicial proceeding ?

A
Hearing by a judge
B
Hearing by a person who is authorized to take evidence
C
Hearing before an arbitrator
D
Hearing by magistrate

Question 36Single Answer

Which one of the following terms has not been defined by the Indian Evidence Act under Section 3 ?

A
Court
B
Document
C
Evidence
D
Confession

Question 37Single Answer

Fact according to the Evidence Act means and includes

A
An existing thing
B
Only a mental condition of which a person is conscious
C
Only a visible thing
D
Any tangible and visible thing and it includes statements, feelings, opinions and state of mind

Question 38Single Answer

Anything, state of things or relation of things, capable of being perceived by the senses, is

A
an evidence
B
fact
C
facts in issue
D
none of the above

Question 39Single Answer

The word "facts" does not include .

A
That a man feared danger
B
That a man heard gunshots
C
That one man made another man run saw
D
That the deceased has revealed the name of the attacker

Question 40Single Answer

There are certain objects arranged in a certain order in a certain place -

A
Is a fact
B
Is an opinion
C
Is a document
D
Is a motive

Question 41Single Answer

Any mental condition of which only person is conscious

A
is not fact
B
Is fact
C
Is a condition other than fact
D
Is not fact but state of mind

Question 42Single Answer

That a man has a certain routation is a

A
Fact
B
Condition other than fact
C
Not fact
D
An idea which may not be fact

Question 43Single Answer

Which of the following are fact ?

A
Hari said
B
Mohan saw
C
Ram lied
D
All the above

Question 44Single Answer

The witness gave details of the objects in evidence in the court. This one adorned the room .

A
Fact
B
Opinion
C
Document
D
Motive

Question 45Single Answer

A beats B to death, following not relevant

A
His motive to kill B
B
His intention to kill B
C
His kinship with B
D
Intrude which hit B

Question 46Single Answer

Electronic records are :

A
Oral evidence
B
No evidence
C
Documentary evidence
D
None of these

Question 47Single Answer

Which one of the following is a 'fact'

A
Sohan saw a cow
B
Mohan said Sohan to go
C
Sheetel has a high reputation
D
All of these

Question 48Single Answer

Which of the following statement is not correct ?

A
That a man heard or saw something, is a fact
B
That a man said certain words is a fact
C
That a man has certain reputation, is not a fact
D
That a man holds a certain opinion is a fact

Question 49Single Answer

Which of the following is a fact ?

A
That there are certain objects arranged in a certain order in a certain place
B
That a man heard or saw something
C
That a man said certain words
D
All of the above

Question 50Single Answer

Under the law of evidence, the relevant fact

A
must be logically relevant
B
must be legally relevant
C
must be legally and logically relevant
D
must be legally and logically relevant and admissible

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Criminal Procedure Code,1973 Indian Evidence Act, 1872

Question 51Single Answer

1. Which of the following is correct answer ?
i. Provisions of Cr.P.C. not apply to the State of Jammu and Kashmir
ii. All provisions of Cr.P.C. not apply to the State of Nagaland
Choose the correct answer

A
Only (i) is correct
B
Only (ii) is correct
C
Both (i) and (ii) are incorrect
D
Both (i) and (ii) are correct

Question 52Single Answer

Which among the following chapters of the Cr.P.C., 1973 does not apply to the State of Nagaland and the tribal areas ?

A
Chapter VIII
B
Chapter IX
C
Chapter X
D
Chapter XI

Question 53Single Answer

The provisions of Code of Criminal Procedure 1973, other than those relating to Chapter VIII, X and XI, thereof shall not apply in which of the following -

A
State of Tripura
B
State of Assam
C
State of Meghalya
D
State of Nagaland

Question 54Single Answer

Reason for non-applicability of some of the provisions of the Criminal Procedure Code to the State of Nagaland have been stated by the Supreme Court in -

A
State of Nagaland v. Ratan Singh
B
Maharaja Vikram Kishore of Tripura v. Province of Assam
C
Zarzoliana v. Government of Mizoram
D
State of Nagaland v. Chung

Question 55Single Answer

What is the meaning of 'tribal areas' for the purpose of Section 1 of the Criminal Procedure Code ?

A
Municipal area of Shilong
B
Municipal area of Mizoram
C
Assam as prescribed in Para 20 of the Sixth Schedule of the Constitution
D
Arunachal Pradesh as prescribed by the Constitution

Question 56Single Answer

Assertion (A) : Subject to some exceptions the provisions of the Code of Criminal Procedure are not applicable to tribal areas in undivided Assam.
Reason (R) : These areas enjoy special status like the State of Jammu and Kashmir.
Code

A
Both (A) and (R) are true and (R) is correct explanation of (A)
B
Both (A) and (R) are true but (R) is not correct explanation of (A)
C
(A) is true, but (R) is false
D
(A) is false, but (R) is true

Question 57Single Answer

When the Criminal Procedure Code, 1973 came into force ?

A
On April 1, 1973
B
On April 1, 1974
C
On January 1, 1974
D
On March 1, 1974

Question 58Single Answer

When the Criminal Procedure Code, 1973 received the assent of the President of India ?

A
25-12-1973
B
25-01-1974
C
25-02-1974
D
25-05-1974

Question 59Single Answer

The Code of Criminal Procedure (Amendment) Act 2005 (No. 25 of 2005) received the assent of the President on :

A
21^st July, 2005
B
23^rd June, 2005
C
22^nd August, 2005
D
20^th September, 2005

Question 60Single Answer

Criminal Law (Amendment) Act 2013, came into effect on

A
6^th April, 2013
B
3^rd February, 2013
C
7^th January, 2013
D
5^th March, 2013

Question 61Single Answer

Consider the following statements -
1. The Criminal Procedure Code, 1973 extends to the whole of India except the State of Jammu and Kashmir
2. The provisions relating to Chapters VIII, X, XI under the Criminal Procedure Code, 1973 shall not apply to the State of Nagaland and to the Tribal Areas
3. The Criminal Procedure Code, 1973 shall came into force on 25^th January, 1974
4. Chapter II of Cr.P.C. deals with Constitution of Criminal Courts and Offices
Which of the statements given below is correct ?

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

Question 62Single Answer

Which of the following pairs is not correctly matched ?

A
Police report : Section 2(r)
B
Cognizable offence : Section 2(c)
C
Bailable offence : Section 2(b)
D
Investigation : Section 2(h)

Question 63Single Answer

'Bailable offence' means and offence which is shown as bailable in

A
the First Schedule of Cr.P.C
B
the Second Schedule of Cr.P.C
C
Section 425 Cr.P.C
D
Section 426 Cr.P.C.

Question 64Single Answer

What offence is bailable ?

A
Mentioned as bailable offence in I Schedule of Cr.P.C
B
All cases of summon's trial
C
All non-cognizable offences
D
All cases which are not triable by session

Question 65Single Answer

Non-bailable offence means -

A
Only those offence which are shown non bailable in the first schedule
B
All those offence which are not shown as bailable under first schedule or any other laws for the time being inforce
C
Such kind of offence for which police may arrest any person without warrant
D
Such kind of offence for which police cannot arrest any person without warrant

Question 66Single Answer

Who can frame the 'charge' according to the Criminal Procedure Code ?

A
Court
B
Public Prosecutor
C
Office-in-charge of the concerned police station
D
All of the above

Question 67Single Answer

A precise formulation of a specific accusation is called

A
Bailable offence
B
Cognizable offence
C
Charge
D
Non-compoundable offence

Question 68Single Answer

Under which Section of Cr.P.C. cognizable offence has been defined ?

A
Section 2(a)
B
Section 2(c)
C
Section 2(i)
D
Section 2(1)

Question 69Single Answer

Section 2(c) of the code of Criminal Procedure defines -

A
Bailable offence
B
Non- Bailable offence
C
Cognizable offence
D
Non-cognizable offence

Question 70Single Answer

In a cognizable offence a police officer :

A
Cannot arrest an accused without warrant
B
May arrest an accused without warrant
C
Can keep the accused in police custody without a remand order
D
Is not required to produce the accused before a Magistrate

Question 71Single Answer

Cognizable offence means an offence

A
For which a police officer may arrest without warrant
B
For which a police officer may arrest if warrant of arrest is issued
C
For which a police officer above the rank of Sub-Inspector may arrest
D
None of the above

Question 72Single Answer

In a cognizable case the police will have powers to :

A
investigate except the power to arrest without warrant
B
investigate and power to arrest without warrant only after seeking permission from the Magistrate
C
investigate including the power the arrest without warrant
D
investigate and arrest without warrant, only afer informing the Magistrate having jurisdiction to inquire into or try the offence

Question 73Single Answer

In a cognizable case, the police has authority

A
to arrest without warrant
B
to investigate the offence without the permission of the magistrate
C
Both (A) and (B)
D
either (A) or (B)

Question 74Single Answer

Point out the incorrect statement -

A
In cognizable offence any police officer may without an order from a Magistrate and without a warrant arrest any person
B
A private person may arrest or cause to be arrested any person committing a cognizable offence
C
An Executive Magistrate may arrest the offender when any offence is committed in his presence and within his jurisdiction
D
None of the above is correct

Question 75Single Answer

Section 2(d) of Cr. P.C., 1973 defines

A
Charge
B
Cognizable offence
C
Complaint
D
Inquiry

Question 76Single Answer

Which of the following has been specifically excluded from the definition of complaint under Section 2(d) of the Code of Criminal Procedure, 1973 ?

A
Protest petition
B
Joint complaint
C
Police report
D
None of the above

Question 77Single Answer

The most essential ingredient of the 'complaint' is

A
an allegation of wrongful act
B
an allegation of a breach or right
C
an allegation of some physical injury
D
an allegation of an offence with a view to take action

Question 78Single Answer

Which of the following statement not true as per the code of Criminal Procedure 1973 ?

A
A complaint is made to a magistrate
B
A complaint may be made orally
C
A complaint does not include a police report
D
A complaint is made against known person only

Question 79Single Answer

A magistrate dismisses a complaint after inquiry holding that identity of the accused is not disclosed in complaint order of the magistrate is :

A
correct since it is mandatory to describe the identity of accused
B
correct even if the identity is disclosed in the inquiry it is not revealed from the complaint
C
incorrect since it is not mandatory to describe the identity of accused in complaint
D
incorrect since the proper course for the magistrate was to reject the complaint

Question 80Single Answer

Complaint as provided under Section 2(d) of Cr.P.C. can be

A
in writing only
B
oral only
C
either in writing or oral
D
by gesture

Question 81Single Answer

A report made by the police officer in a case which discloses, after investigation, the commission of non-cognizable offence, shall be deemed to be a-

A
police report
B
final report
C
inquest report
D
complaint

Question 82Single Answer

Complaint as defined under section 2(d) of the criminal procedure code, 1973 is concerned with

A
Cognizable offence only
B
Non-cognizable offence only
C
Both (A) and (B)
D
None of the above

Question 83Single Answer

Inquiry is conducted by

A
Magistrate only
B
Police officer only
C
Session Court only
D
Magistrate or Court

Question 84Single Answer

Under Cr.P.C. an inquiry is

A
a judicial proceeding
B
a police proceeding
C
a private proceeding
D
a specific proceeding

Question 85Single Answer

Which one of the folliwng proceeding is, 'Judicial Proceeding' ?

A
Investigation
B
Enquiry and investigation
C
Enquiry and trial
D
Trial and investigation

Question 86Single Answer

Which one of the following statement is not correct ?

A
Inquiry is made by a Magistrate
B
An inquiry is not a judicial proceedings
C
The object of inquiry is to determine the trial or falsity of certain facts
D
Inquiry is the second stage of a criminal case

Question 87Single Answer

According to criminal procedure code the object of inquiry

A
To collect evidence
B
To find out the truthness and falseness of fact
C
To convict or acquit the accused
D
To arrest the person and produce before the court

Question 88Single Answer

Point out the incorrect response under the Cr.P.C. -

A
Inquiry is conducted by a court
B
Inquiry is conducted after framing of the charge
C
Inquiry is conducted prior to framing of the charge
D
Inquiry is conducted by a magistrate

Question 89Single Answer

Inquiry is conducted by a Magistrate with a view to -

A
First out a prima-facie case
B
convict the accused
C
authorise remand of the accused
D
release the accused under section 436

Question 90Single Answer

In which of the following Sections of the Cr.P.C. the term "investigation" has been defined ?

A
Section 2(h)
B
Section 2(g)
C
Section 3
D
None of the above

Question 91Single Answer

Section 2(h) of the Code of Criminal Procedure defines the term

A
Investigation
B
Charge
C
Inquiry
D
Offence

Question 92Single Answer

Investigation of any offence conducted by

A
Police officer
B
Executive Magistrate
C
Tahsildar
D
Judicial magistrate

Question 93Single Answer

Investigation includes all the proceedings conducted by a police officer :

A
For the collection of evidence
B
For inquiry than a trial
C
For trial
D
All of the above

Question 94Single Answer

Under Criminal Procedure Code, 1973 the object of investigation is

A
to arrest the accused
B
to punish the accused
C
to collect evidence against the accused
D
None of the above

Question 95Single Answer

Consider the following statement and choose the correct answer with the help of code given below :
1. Investigation is conducted by police officer
2. Magistrate cannot interfere in investigation
3. Investigation is a judicial proceeding
4. Investigation is not a judicial proceeding
Code

A
(1) and (4) are correct
B
(1), (2) and (4) are correct
C
(2) and (4) are correct
D
(1), (3) and (4) are correct

Question 96Single Answer

Which one of the following cases is related to defective investigation ?

A
D.K. Basu v. State of West Bengal
B
Zahira Habibullah Sheikh v. State of Gujrat
C
Sakshi v. Union of India
D
Dipesh Chandak v. Union of India

Question 97Single Answer

Which of the following Section of the Code of Criminal Procedure, 1973 defines the term 'judicial proceeding' ?

A
Section 2(i)
B
Section 2(j)
C
Section 2(k)
D
Section 2(l)

Question 98Single Answer

Under the code of Criminal Procedure 1973, "any proceeding in the course of which evidence is legally taken on Oath" is considered as -

A
Judicial proceeding
B
Extra Judicial proceeding
C
Ordinary proceeding
D
None of the above

Question 99Single Answer

'Non-Cognizable' case is defined in :

A
Section 2(c) or Cr. P.C
B
Section 2(h) or Cr. P.C
C
Section 2(l) or Cr. P.C.
D
Section 2(i) or Cr. P.C

Question 100Single Answer

'Non-Cognizable' offence means :

A
A police officer has authority to arrest without warrant
B
Police officer cannot arrest without warrant
C
It depends on the discretion of the police officer
D
On request of complainant arrest can be made

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Latest UPSC Assistant Public Prosecutor Exam Question (Objective Questions), MCQ in English

Criminal Procedure Code,1973 Indian Evidence Act, 1872

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Criminal Procedure Code,1973 Indian Evidence Act, 1872

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