Solved Question Paper for Public Prosecutors in CBI conducted by UPSC

 61. Which one of the following statements does NOT attract the general exceptions mentioned in chapter IV of the Indian Penal Code, 1860?

(a) Order issued by a Judge for the execution of a sentence of death

(b) Act of a child below the age of 7 years

(c) Voluntary intoxication

(d) Act of a person of unsound mind

Answer: (c)

62. Under which one of the following Sections of the Indian Penal Code, 1860, it is an offence to voluntarily omit to supply the needs and wants of a helpless person for whom the person is bound by a lawful contract?

(a) Section 296

(b) Section 468

(c) Section 491

(d) Section 508

Answer: (c)

63. Plea of Alibi: Rule of Evidence is recognized in which one of the following sections of the Indian Evidence Act, 1872?

(a) Section 9

(a) Section 10

(b) Section 11

(c) Section 12

Answer: (c)

64. Which one of the following declaration is NOT correct with respect to the rule of res-gestae?

(a) Must relate to the act which is in issue or relevant

(b) Must relate to and explain the accompanying facts

(c) Must be independent facts previous or subsequent not relating to the transaction

(d) Must be substantially contemporaneous with the facts

Answer: (c)

65. The ‘best evidence rule’ excludes secondary evidence of documents if:

(a) originals are available.

(b) originals are not available.

(c) circumstantial evidence exists.

(d) oral evidence is given in the case.

Answer: (a)

66. ‘Fact in issue’ is defined under the Indian Evidence Act, 1872 that includes ‘any fact from which, either by itself or in connection with other facts, the existence, non existence, nature, or extent of any right, liability or disability, asserted or denied in any suit or proceeding, necessarily follows’. In a case where ‘A’ is accused of murder, which one of the following fact is NOT a fact in issue?

(a) That ‘A’ caused the murder

(b) That ‘A’ intentionally caused the murder

(c) That ‘A’ was too poor

(d) That ‘A’ was incapable of knowing the nature of his act due to unsoundness of mind

Answer: (c)

67. Dying declaration under Section 32 of the Indian Evidence Act, 1872, is an exception to the rule of:

(a) Direct evidence

(b) Hearsay

(c) Admissions

(d) Estoppel

Answer: (b)

68. Under the provisions of the Indian Evidence Act, 1872, ‘shall presume’ means:

(a) presumption of law as well as irrebuttable presumption.

(b) presumption of law as well as rebuttable presumption.

(c) presumption of fact as well as irrebuttable presumption.

(d) presumption of fact as well as rebuttable presumption.

Answer: (b)

69. Which one of the following is a presumption under Section 112 of the Indian Evidence Act, 1872?

(a) Abetment of suicide by a married woman

(b) Legitimacy of a child

(c) Dowry death

(d) Absence of consent in certain prosecution for rape

Answer: (b)

70. Which one of the following statements with regard to dying declaration is NOT correct?

(a) A dying declaration can be the sole basis of conviction if it inspires the full confidence of the Court

(b) Where the Court is satisfied that the declaration is true and voluntary, it can base its conviction without any further corroboration

(c) A dying declaration given to a close relative shall be the sole evidence for conviction of the accused

(d) Where dying declaration is suspicious, it should not be acted upon without corroborative evidence

Answer: (c)


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