95 questions · Correct answers · Bare act strategy · Step-by-step walkthroughs
CrPC classifies offences into three categories: cognizable/non-cognizable (S.2(c)/2(l)), bailable/non-bailable (S.2(a)), and summons/warrant cases (S.2(w)/2(x)). All three classifications are provided under the Code.
Check the referenced provision in the relevant Act to verify the answer.
Non-cognizable offences are those where police cannot arrest without warrant or investigate without Magistrate's order. Section 155 CrPC governs the procedure — the complainant must approach the Magistrate who then directs investigation.
Under CrPC, different Magistrates have different sentencing powers. CJM can pass up to 7 years, JMFC up to 3 years, JMSC up to 1 year. Sessions Judge can pass any sentence including death (subject to HC confirmation).
Check the referenced provision in the relevant Act to verify the answer.
Section 438 CrPC provides for anticipatory bail — pre-arrest protection. A person apprehending arrest in a non-bailable offence can apply to the Sessions Court or High Court for a direction that they shall be released on bail if arrested.
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Section 41 CrPC specifies when police may arrest without warrant in cognizable cases. The 2009 amendment added S.41(1)(b) guidelines to prevent unnecessary arrests — the officer must record reasons and be satisfied arrest is necessary.
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Under the IPC, offences are classified by severity: from petty offences (fine only) to the most serious (death penalty). Section 53 lists five types of punishment: death, life imprisonment, imprisonment (rigorous/simple), forfeiture, and fine.
Check the referenced provision in the relevant Act to verify the answer.
Under IPC, 'theft' (S.378) requires: dishonest intention, movable property, moving out of possession, without consent. It differs from robbery (theft + force/fear), dacoity (robbery by 5+), and criminal misappropriation (dishonest conversion of property in possession).
Check the referenced provision in the relevant Act to verify the answer.
Under IPC, the right of private defence (S.96-106) allows reasonable force to protect person or property. It extends to causing death in extreme situations — apprehension of murder, grievous hurt, rape, kidnapping, acid attack, or dangerous wrongful confinement.
Under IPC, Section 300 defines when culpable homicide amounts to murder. The four clauses cover: intention to cause death, intention to cause bodily injury known to cause death, act so dangerous that death is nearly certain, and committing a dangerous act.
Under IPC, criminal conspiracy (S.120A) is the agreement between two or more persons to do an illegal act. The mere agreement is sufficient — no overt act is required. This makes conspiracy an inchoate offence.
Under the Indian Evidence Act, 'evidence' (S.3) means: (1) oral evidence — statements by witnesses in court, and (2) documentary evidence — documents and electronic records produced for inspection. Together they form the complete evidentiary framework.
Under the Evidence Act, confessions to police (S.25) are inadmissible. Confessions in police custody (S.26) are inadmissible unless before a Magistrate. But information leading to discovery of facts (S.27) is the important exception.
Under the Evidence Act, dying declarations (S.32(1)) are admissible as exceptions to hearsay. The statement must relate to cause of death or circumstances of the transaction resulting in death. No expectation of death is required.
Under the Evidence Act, burden of proof (S.101) lies on the party who would fail if no evidence were given. The general principle: whoever asserts must prove. Presumptions can shift this burden.
Under the Evidence Act, 'admission' (S.17) is a statement suggesting inference about a fact in issue. Admissions are not conclusive (S.31) but may operate as estoppel. They are substantive evidence — usable even against the maker.
Under CPC, a 'decree' (S.2(2)) is the formal expression of adjudication conclusively determining rights of parties in a suit. It can be preliminary, final, or partly both. An 'order' is any decision that is not a decree.
Under CPC, res judicata (S.11) bars relitigation of matters already decided between same parties in a competent court. Five conditions: same parties, same matter, competent court, decided on merits, final decision.
Under CPC, Section 9 gives civil courts jurisdiction to try all suits of civil nature unless barred. The presumption favours jurisdiction — exclusion must be express or clearly implied.
Check the referenced provision in the relevant Act to verify the answer.
Under CPC, temporary injunction (Order XXXIX) preserves status quo pending final adjudication. Three requirements: prima facie case, balance of convenience, and irreparable injury. All three must be satisfied.
Under CPC, appeals from original decrees lie under Section 96. Second appeal to HC only on substantial questions of law (S.100). Appeals from orders under S.104. The right to appeal is statutory, not inherent.
Under CPC, execution of decrees (Order XXI) allows enforcement of court orders. Methods include: attachment and sale of property, arrest and detention, delivery of specific property, and appointment of receiver.
Under the Indian Contract Act, a valid contract requires: offer and acceptance, intention to create legal relations, lawful consideration, capacity of parties, free consent, and lawful object. Missing any element makes it void/voidable.
Under the Contract Act, 'consideration' (S.2(d)) is the price for a promise. In Indian law, it can be past, present, or future, and can move from the promisee or any other person — broader than English law.
Under the Contract Act, consent is 'free' when not caused by coercion (S.15), undue influence (S.16), fraud (S.17), misrepresentation (S.18), or mistake (S.20-22). Unfree consent makes the contract voidable.
Under the Transfer of Property Act, 'sale' (S.54) transfers ownership for price. For immovable property worth Rs.100+, a registered instrument is mandatory. Delivery of possession completes the transfer.
Under the TPA, 'mortgage' (S.58) transfers interest in immovable property to secure a loan. Six types: simple, by conditional sale, usufructuary, English, equitable (title deed deposit), and anomalous.
Under the Negotiable Instruments Act, Section 138 makes cheque dishonour a criminal offence. Requirements: cheque for legally enforceable debt, dishonoured for insufficient funds, demand notice within 30 days, failure to pay within 15 days.
Under the Hindu Marriage Act, conditions for valid marriage (S.5): no living spouse, mental fitness, minimum age (21/18), not within prohibited degrees, not sapindas — unless custom permits the last two.
Check the referenced provision in the relevant Act to verify the answer.
Under Hindu Succession Act, the 2005 amendment made daughters coparceners by birth with equal rights as sons. This landmark reform eliminated gender discrimination in Hindu ancestral property succession.
Check the referenced provision in the relevant Act to verify the answer.
Under Muslim personal law, marriage (nikah) is a civil contract requiring: proposal (ijab), acceptance (qubul), two witnesses, and dower (mahr). It is not a sacrament but a contractual relationship.
Under the Consumer Protection Act, consumers are protected through three-tier redressal: District Commission, State Commission, and National Commission — based on value of goods/services and compensation claimed.
Check the referenced provision in the relevant Act to verify the answer.
Under the Motor Vehicles Act, third-party insurance is mandatory. No-fault liability (S.140) ensures minimum compensation for death/permanent disability regardless of fault — protecting all accident victims.
Under the Factories Act, health, safety, and welfare of workers are regulated. Working hours (48/week max), overtime (double rates), canteen (250+ workers), welfare officer (500+ workers), and safety provisions are mandatory.
Check the referenced provision in the relevant Act to verify the answer.
Under the Industrial Disputes Act, 'industrial dispute' (S.2(k)) covers disputes connected with employment, non-employment, terms of employment, or conditions of labour between employers and workmen.
Under the IT Act, electronic records and digital signatures have legal validity. Cyber offences include hacking (S.66), identity theft (S.66C), cyber terrorism (S.66F), and publishing obscene material (S.67).
Check the referenced provision in the relevant Act to verify the answer.
Under the Companies Act, a company is a separate legal entity (Salomon v. Salomon). It has perpetual succession, can own property, sue and be sued. The corporate veil can be lifted for fraud/sham.
Under the Income Tax Act, income is taxed based on residential status. Residents pay on worldwide income; non-residents only on Indian-source income. Assessment year follows the previous year.
Under the Environmental Protection Act, the Central Government can take measures to protect environment — setting standards, restricting industries, handling hazardous substances, and imposing penalties.
Under the Land Acquisition Act, government can acquire private land for public purpose with fair compensation. The LARR Act 2013 reformed the process with better compensation, rehabilitation, and consent requirements.
Check the referenced provision in the relevant Act to verify the answer.
Under the Advocates Act, professional misconduct is dealt with by State Bar Council disciplinary committees (S.35). Punishments: reprimand, suspension, or removal. Appeal to BCI (S.37) then SC (S.38).
Under the Constitution, fundamental rights (Part III) protect individual liberty against state action. They are enforceable through writs under Articles 32 (SC) and 226 (HC).
Under Article 21, right to life includes: livelihood, shelter, health, education, privacy, dignity, speedy trial, legal aid, clean environment. The SC has continuously expanded its scope through judicial interpretation.
Under Article 19(1), six freedoms are guaranteed to citizens: speech, assembly, association, movement, residence, and profession. Each has reasonable restriction grounds specified in Articles 19(2)-(6).
Check the referenced provision in the relevant Act to verify the answer.
Under the Constitution, directive principles (Part IV) guide state policy toward welfare but are non-justiciable. They complement fundamental rights and aim at social and economic justice.
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Under the Constitution, the amendment procedure (Art.368) requires special majority in both Houses. Some provisions need additional ratification by half the state legislatures. The basic structure cannot be amended.
Check the referenced provision in the relevant Act to verify the answer.
Under the Specific Relief Act, specific performance (S.10) is granted when damages are inadequate. Injunctions prevent wrongful acts (prohibitory) or compel performance (mandatory). Declaratory decrees establish rights.
Check the referenced provision in the relevant Act to verify the answer.
Under the Limitation Act, every suit must be filed within the prescribed period. Time runs from the date cause of action arises. Section 5 allows condonation of delay in appeals/applications (not suits).
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Under the Arbitration Act, arbitral proceedings are flexible — tribunal not bound by CPC or Evidence Act. Awards must be reasoned, written, and signed. Challenge under S.34 on limited grounds only.
Under the Sale of Goods Act, implied conditions protect buyers: seller's title (S.14), description (S.15), quality and fitness (S.16), and sample (S.17). Breach gives buyer the right to reject goods.
Check the referenced provision in the relevant Act to verify the answer.
Under tort law, negligence requires: duty of care, breach of that duty, causation, and damage. The standard is 'reasonable person' — what a prudent person would do in similar circumstances.
Check the referenced provision in the relevant Act to verify the answer.
Under tort law, vicarious liability makes employers liable for employees' torts committed during course of employment. The master-servant relationship and 'course of employment' are the key tests.
Under Section 19 CPC (illustration (b)), when X in Delhi publishes defamation against Y in Calcutta, Y can sue either where X resides (Delhi) or where the cause of action arose (Calcutta — place of publication). Both courts have jurisdiction.
Under the Copyright Act, protection lasts for author's lifetime plus 60 years. Registration is not mandatory but advisable. Fair dealing for research, criticism, and reporting is permitted.
Check the referenced provision in the relevant Act to verify the answer.
Under the Trade Marks Act, a trademark distinguishes one trader's goods/services from another's. Registration gives exclusive right to use. Infringement occurs when a deceptively similar mark is used.
Under PIL, locus standi is relaxed — any public-spirited citizen can approach court for enforcement of rights of disadvantaged persons. PIL can be filed under Art.32 (SC) or Art.226 (HC).
Under administrative law, natural justice requires: nemo judex in causa sua (no bias) and audi alteram partem (hear both sides). These fundamental principles apply to all government decision-making.
Under the Constitution, separation of powers divides government into legislature, executive, and judiciary. Though not absolute in India, checks and balances ensure no single branch becomes too powerful.
Under the Constitution, Article 14 guarantees equality before law and equal protection of laws. Reasonable classification is permitted if it has an intelligible differentia with a rational nexus to the objective.
Under the Hindu Marriage Act, divorce grounds (S.13) include: adultery, cruelty, desertion (2 years), conversion, unsound mind, leprosy, venereal disease, renunciation, and not heard alive (7 years).
Under Muslim law, types of divorce include: talaq (husband's right), khula (wife's initiative with consideration), mubarat (mutual), and judicial divorce under the Dissolution of Muslim Marriages Act, 1939.
Check the referenced provision in the relevant Act to verify the answer.
Under the Constitution, Article 32 guarantees the right to approach the SC for enforcement of fundamental rights — Ambedkar called it the 'heart and soul of the Constitution.' It is itself a fundamental right.
Under CPC, Order VII Rule 11 provides for rejection of plaint on grounds: no cause of action, undervalued and not corrected, barred by limitation, not properly stamped, or not filed in duplicate.
Check the referenced provision in the relevant Act to verify the answer.
Under IPC, Section 498A deals with cruelty by husband or relatives against a married woman. It is cognizable, non-bailable. The SC in Arnesh Kumar directed guidelines to prevent its misuse.
Under the Factories Act, 'factory' means premises with 10+ workers (with power) or 20+ workers (without power) in manufacturing. The Act ensures health, safety, and welfare of factory workers.
Under the Industrial Disputes Act, 'strike' (S.2(q)) is cessation of work by workers acting in combination. 'Lockout' (S.2(l)) is closing of workplace by employer. Both are regulated with notice requirements.
Under the Constitution, emergency provisions: national emergency (Art.352), President's rule (Art.356), and financial emergency (Art.360). Each has different triggers, procedures, and consequences.
Under CPC, Section 100 provides for second appeal to the High Court only on substantial questions of law. No second appeal lies on pure questions of fact — the HC must frame the substantial question.
Under the Evidence Act, Section 45 makes expert opinions relevant on: foreign law, science, art, handwriting, and finger impressions. The expert must have special skill — their opinion assists but doesn't bind the court.
Under the Transfer of Property Act, 'gift' (S.122) is voluntary transfer without consideration. For immovable property, a registered instrument is required. For movable property, delivery suffices.
Under the Constitution, the Preamble secures: justice (social, economic, political), liberty (thought, expression, belief, faith, worship), equality (status, opportunity), and fraternity (dignity, unity).
Under the Negotiable Instruments Act, three instruments are recognized: promissory note (S.4), bill of exchange (S.5), and cheque (S.6). Hundis are governed by custom, not by the NI Act.
Check the referenced provision in the relevant Act to verify the answer.
Under the Specific Relief Act, injunctions can be temporary (interlocutory, Order XXXIX CPC), perpetual (permanent, S.37-42 SRA), or mandatory (compelling positive action). Each serves a different protective function.
Check the referenced provision in the relevant Act to verify the answer.
Under the Contract Act, 'agency' (S.182) is where one person (agent) acts for another (principal). Every partner is an agent of the firm. Agency can be express, implied, or by necessity.
Under the Constitution, Article 226 gives HCs wider writ jurisdiction than SC's Article 32 — HCs can issue writs for fundamental rights AND any other purpose, while SC writs are limited to fundamental rights.
Under CrPC, the Magistrate must produce the arrested person before the nearest Magistrate within 24 hours (Art.22(2)). Detention beyond 24 hours without judicial authorization is unconstitutional.
Under the Evidence Act, 'leading questions' (S.141) suggest their own answer. Prohibited in examination-in-chief (S.142) but freely allowed in cross-examination (S.143). Court may permit for introductory matters.
Under the Constitution, fundamental duties (Art.51A, Part IVA) include respecting the Constitution, defending India, promoting harmony, protecting environment, and developing scientific temper. Added by 42nd Amendment.
Under the Transfer of Property Act, Section 52 (lis pendens) provides that during pendency of a suit involving immovable property, the property cannot be transferred so as to affect rights of any party.
Under CPC, res sub-judice (S.10) stays a later suit when an earlier suit on the same matter between same parties is pending in a competent court. This prevents parallel proceedings and conflicting decisions.
Under the Hindu Succession Act, Class I heirs of a Hindu male include: son, daughter, widow, mother, and descendants of predeceased children. They take simultaneously and exclude all other heirs.
Under the Environmental Protection Act, the polluter pays principle requires polluting industries to bear costs of prevention and remediation. The precautionary principle shifts burden of proof to the developer.
Check the referenced provision in the relevant Act to verify the answer.
Under the IT Act, electronic records have the same legal validity as paper records (S.4). Digital signatures authenticate electronic documents (S.3). This is the legal foundation for digital India.
Under tort law, strict liability (Rylands v. Fletcher) holds that a person who brings a dangerous thing on their land is liable if it escapes — regardless of fault. In India, MC Mehta expanded this to absolute liability.
Under the Consumer Protection Act, 'defect' means fault, imperfection, or shortcoming in quality, quantity, potency, purity, or standard of goods. 'Deficiency' means fault in quality or nature of services.
Under the Constitution, Article 368 provides the amendment procedure. Special majority (2/3 present and voting + majority of total membership) in both Houses. Some provisions also need state ratification.
Under the Limitation Act, Section 5 allows condonation of delay only in appeals and applications — NOT in suits. The applicant must demonstrate 'sufficient cause' for the delay.
Under IPC, Section 34 creates constructive liability — when criminal act is done by several persons in furtherance of common intention, each is liable as if they alone did it. Prior concert must exist.
Under CrPC, Section 482 preserves the High Court's inherent power to prevent abuse of court process or to secure ends of justice. This extraordinary power is exercised sparingly.
Under the Companies Act, directors owe fiduciary duties: act in good faith, avoid conflicts, not make secret profits, exercise care and diligence. They are agents and trustees of the company.
Under the Land Acquisition Act, the Collector makes the award determining compensation. Dissatisfied landowners can seek reference to court under S.18. The court can enhance compensation if found inadequate.
Check the referenced provision in the relevant Act to verify the answer.
Under the Advocates Act, Section 49 empowers BCI to make rules on professional conduct, legal education, enrollment qualifications, and disciplinary procedures. These rules have statutory force.
Under the Motor Vehicles Act, claims tribunals (MACT) adjudicate accident compensation. The multiplier method considers annual income, age, dependency, and future prospects for calculating just compensation.
Under the Constitution, the Comptroller and Auditor General (Art.148) audits government accounts. The CAG is appointed by the President and can only be removed like a SC judge — ensuring independence.
Under the Constitution, the Comptroller and Auditor General reports to the President (for central accounts) and Governor (for state accounts). These reports are laid before Parliament/Legislature for scrutiny.
Habeas Corpus is the bulwark of personal freedom — it protects against illegal detention. The detaining authority must produce the detainee before the court and justify the detention. If unjustified, the person is released.