Indian Law and Jurisprudence

(1) A magistrate records the confession of an accused or a statement of a witness during investigation, under section 164 of CrPC.

Option (1) is correct: The starting words of section 511 clearly state that 'whoever attempts to commit an offence punishable by this Code'. So, section 511 applies to offences punishable under the IPC.

Option (2) is correct: Section 405 of the Indian Penal Code talks about criminal breach of trust.

Option (3) is correct: Under section 376 of the IPC, a public servant committing rape on a woman in his custody shall be punished with rigorous imprisonment for a term which shall not be less than ten years.

(2) Violation of the Child Labour (Prohibition and Regulation) Act, 1986 shall be punishable with imprisonment for a term not less than three months.

Option (1) is correct: The starting words of Section 8 state ”Any person having the possession or control of a particular article of movable property of which he is not the owner may be compelled specifically to deliver it to the person entitled to its immediate possession.” Option (2) is correct: Section 8 cannot be invoked against the person who is the owner of the article. Option (3) is correct: Section 8 cannot be invoked by the person not entitled to the possession of the article. Option (4) is correct: Section 8 can be invoked in respect of any article.

Option (1) is incorrect: Section 31 provides provision as to barred or pending suits, etc. Option (2) is correct: Section 27 of the Limitation Act, 1963 creates an exception to aforesaid principle. Option (3) is incorrect: Section 26 deals with exclusion in favour of reversionary of servant tenement. Option (4) is incorrect: Section 25 deals with acquisition of easement by prescription.

(4) Cannot be challenged since the 1940 act stands repealed on coming into force of the 1996 act

(2) An application under Section 11 of the arbitration & conciliation act, 1996 can be filed in the court of appropriate pecuniary juisdiction dependent upon the subject matter of the dispute i.e. either before the civil judge or the district judge or the high court.

(3) Section 108 of the Indian Evidence Act provides presumption for death, i.e. 'Burden of proving that person is alive who has not been heard of for seven years.'

(1) Section 13 of Indian Evidence Act applies to both public and private rights.

(2) In the case of State of Bombay Vs. Kathi Kalu, AIR 1961, SC 1908, the Supreme Court judged the validity of section 73 of Indian Evidence Act.

(3) Under section 315, any person accused of an offence before a Criminal Court shall be a competent witness for the defence and may give evidence on oath in disproof of the charges made against him or any person charged together with him at the same trial. 

(3) Statements under section 161 of the Code of Criminal Procedure, 1973 are recorded by the police during investigation by the police officer not below such rank as the State Government may, by general or special order, prescribe in this behalf.

(1) Under section 190 of the Code of Criminal Procedure, 1973, any Magistrate of the first class, and any Magistrate of the second class specially empowered, may take cognizance of any offence.