Law Legal Studies · Civics Polity

Legal Principles and Doctrines

2,603 Questions

Legal principles and doctrines establish the foundational rules of jurisprudence and civil rights. Questions cover constitutional reasonable restrictions, courtroom evidence standards, and property laws. These topics are strictly necessary for law legal studies exams and judicial services prelims.

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Legal Principles and Doctrines Questions

Multiple choice

Which of the following statements is/are true?

  1. Inquiry means every inquiry including a trial conducted under the Code of Criminal Procedure by a magistrate or court.

  2. Inquiry means every inquiry other than a trial conducted under the Code of Criminal Procedure by a magistrate or court.

  3. Investigation includes at the proceedings under the Code of Criminal Procedure for the collection of evidence conducted by a magistrate.

  4. All of these
Reveal answer Fill a bubble to check yourself
B Correct answer
Explanation

Under CrPC, 'inquiry' (Section 2(g)) means every inquiry other than a trial conducted by a magistrate or court - it includes judicial proceedings like inquiries under Section 202 (dispensing with inquiry) but excludes the trial itself. 'Investigation' (Section 2(h)) is conducted by police officers (not magistrates) and includes all proceedings under CrPC for collection of evidence. Only statement (2) correctly reflects the statutory definition.

Multiple choice

In order to compel appearance of a person who is absconding in spite of a warrant of arrest being issued against him, his property may be ordered to be attached simultaneously with issuance of a proclamation under section 82 of the Code of Criminal Procedure, provided that the court is satisfied that such person is

  1. about to dispose of the whole or any part of his property

  2. about to remove the whole or any part of property from the local jurisdiction of the Court

  3. Either condition in (1) or (2) exists

  4. Both conditions in (1) and (2) co-exist
Reveal answer Fill a bubble to check yourself
C Correct answer
Explanation

Under CrPC Section 82, when issuing a proclamation requiring an absconding accused to appear, the court may simultaneously order attachment of his property. This attachment power can be exercised if the court is satisfied that the person is EITHER about to dispose of the whole or any part of his property OR about to remove it from the court's local jurisdiction. Both conditions need not coexist - either one is sufficient.

Multiple choice

Consider the following statement(s).

A police officer has the power to arrest any person without an order from a magistrate or warrant of arrest, if he has reason to suspect his complicity in a cognizable offence punishable with imprisonment which may extend to seven years, provided that he is satisfied for reasons in writing that such arrest is necessary

(i) to prevent such person from committing any further offence (ii) for proper investigation of the offence (iii) to prevent such person from tampering with or causing the evidence of the offence to disappear (iv) to compel the absconding co-accused to surrender

Which of the statements given above are correct?

  1. (i) and (ii)

  2. (ii) and (iii)

  3. (i), (ii) and (iii)

  4. (i), (ii), (iii) and (iv)
Reveal answer Fill a bubble to check yourself
C Correct answer
Explanation

Under CrPC Section 41(1)(a), a police officer may arrest without warrant for a cognizable offence punishable with imprisonment extending to 7 years if the arrest is necessary for: (i) preventing further offence, (ii) proper investigation, OR (iii) preventing evidence tampering. Compelling absconding co-accused to surrender (iv) is not mentioned in Section 41(1)(a) - that requires different procedures like proclamation under Section 82. Only (i), (ii) and (iii) are correct.

Multiple choice

Indicate the correct statement regarding the rights of an arrestee. A person arrested without warrant has the right to

(i) be informed of the particulars of the offence for which he is arrested (ii) have a relative or friend named by him to be informed about his arrest (iii) have an advocate of his choice remain present throughout interrogation (iv) be medically examined by a medical officer

Which of the statements given above are correct?

  1. (i), (ii) and (iii)

  2. (ii), (iii) and (iv)

  3. (i), (ii) and (iv)

  4. (i), (ii), (iii) and (iv)
Reveal answer Fill a bubble to check yourself
D Correct answer
Explanation

All four rights are guaranteed to arrestees under CrPC: information of grounds (Section 50), information to relative/friend (Section 50A), lawyer during interrogation (Section 303), and medical examination (Section 54). These are fundamental protections ensuring dignity and legal representation.

Multiple choice

Who can file an application for Plea-Bargaining in the court in which an offence is pending for trial?

  1. The Public Prosecutor

  2. The victim of the offence

  3. The Investigating Officer

  4. None of these
Reveal answer Fill a bubble to check yourself
D Correct answer
Explanation

Under Chapter XXI-A CrPC on plea bargaining, only the accused can file an application for plea bargaining. Neither the Public Prosecutor, victim, nor Investigating Officer has statutory authority to initiate plea bargaining proceedings.

Multiple choice

'A' faced trial for cheating 'Z' by dishonestly inducing him to lend money by knowingly pledging fake diamonds. 'Z' died during trial and was survived by a son 'X'. 'X' moved an application in the Trial Court to compound the offence. Which of the following is the correct legal preposition?

  1. 'X' is not competent to compound the offence.

  2. On the death of complainant 'Z', the trial proceedings shall abate.

  3. Court cannot entertain such an application after death of the complainant.

  4. 'X' can compound the offence with the consent of the Court.
Reveal answer Fill a bubble to check yourself
D Correct answer
Explanation

Under Section 320(8) CrPC, the criminal court can permit compounding by a legal heir if the original complainant is dead. The son, as legal heir, can compound the offense with court consent. The trial does not abate if the offense is compoundable.

Multiple choice

The proceedings before a criminal court are vitiated if the presiding magistrate who is not empowered by law to do so

  1. issues search warrant erroneously but in good faith

  2. holds inquest under section 176 of Code of Criminal Procedure erroneously but in good faith

  3. tries and offender summarily

  4. All of these
Reveal answer Fill a bubble to check yourself
C Correct answer
Explanation

If a magistrate without summary trial power under Section 260 attempts such trial, the proceedings are vitiated as it amounts to lack of jurisdiction. Erroneous but good faith orders for search warrants (Section 93) or inquest (Section 176) don't vitiate.

Multiple choice

A Metropolitan Magistrate may release an accused on bail in non-bailable offence except in following case(s) if

  1. there are reasonable grounds for believing that he has been guilty of an offence punishable with death or imprisonment for life

  2. there are reasonable grounds for believing that he has been guilty of a cognizable offence and he has been previously convicted of an offence punishable with imprisonment for seven years

  3. he had been previously convicted on two or more occasions of a cognizable offence punishable with imprisonment for three years

  4. All of these
Reveal answer Fill a bubble to check yourself
D Correct answer
Explanation

Section 439(1) CrPC restricts bail grant by Metropolitan Magistrates in non-bailable cases when: reasonable belief of guilt for death/life imprisonment, previous conviction for 7+ year cognizable offense, or two+ prior convictions for 3+ year cognizable offenses.

Multiple choice

Which is the correct essential conditions for applicability of the rule of sub judice?

  1. The matter in issue in the subsequent suit must be directly and substantially in issue in the previous suit.

  2. The parties must be litigating under the same title in both the suits.

  3. Both (1) and (2)

  4. Neither (1) nor (2)
Reveal answer Fill a bubble to check yourself
C Correct answer
Explanation

The rule of sub judice under Section 10 CPC requires that: (1) the matter in issue in the subsequent suit must be directly and substantially in issue in a former suit pending between the same parties, and (2) the parties must be litigating under the same title in both suits. Both conditions are essential for the rule to apply.

Multiple choice

The expression ‘former suit’ in the context of rule of res judicata means a suit which has been

  1. instituted prior to the suit in question

  2. decided prior to the suit in question

  3. Both (1) and (2)

  4. Neither (1) nor (2)
Reveal answer Fill a bubble to check yourself
B Correct answer
Explanation

Under Section 10 CPC, the term 'former suit' specifically refers to a suit that has been instituted and decided prior to the suit in question. A suit that is merely instituted but not yet decided would fall under Section 11 (res judicata) once decided, or under sub judice if still pending. The key word is 'decided' - a former suit must have reached a conclusive determination.

Multiple choice

Where the defendant is absent at the time when service of summons is sought to be effected on him at his residence, there being no likelihood of his availability within reasonable time and in absence of an empowered agent, the service may be made on

  1. any adult male member of his family

  2. any adult female member of his family

  3. a servant engaged by the defendant at his residence

  4. Both (1) and (2)
Reveal answer Fill a bubble to check yourself
D Correct answer
Explanation

Under Order 5 Rule 16 CPC, when the defendant cannot be served at residence due to absence with no reasonable expectation of return and no empowered agent is available, service may be made on any adult member of the family (male or female) who is residing with the defendant. The law does not discriminate based on gender, and servants are specifically excluded under the proviso.

Multiple choice

Which of the following statements is incorrect?

  1. A representative suit may be instituted by one or more persons for the benefit of all interested persons with the permission of the court.

  2. Notice of the institution of a representative suit must be given by public advertisement at the plaintiff's expense to all interested persons whereby reason of their number, personal service is not reasonably practicable.

  3. Any person for whose benefit a representative suit has been instituted may apply to join as a party thereto.

  4. The person(s) who instituted the suit or person(s) who joined as party have unrestricted right to compromise with the defendant.
Reveal answer Fill a bubble to check yourself
D Correct answer
Explanation

Under Order 1 Rule 8 CPC, parties in a representative suit cannot compromise without the court's permission. Rule 8(6) explicitly requires court approval for any compromise or settlement to ensure it doesn't adversely affect the rights of absent persons. The other options correctly state representative suit procedure.

Multiple choice

Consider the following statement(s): A ‘decree’ means and includes

(i) formal expression of an adjudication which, so far as regards the court expressing it, conclusively determines the rights of the parties with regard to all or any of the matters in controversy in the suit (ii) any adjudication from which an appeal lies as an appeal from an order (iii) any order of dismissal of suit for default (iv) rejection of plaint

Which of the statements given above are correct?

  1. (i) and (ii)

  2. (ii) and (iii)

  3. (i) and (iv)

  4. All of these
Reveal answer Fill a bubble to check yourself
C Correct answer
Explanation

Section 2(2) CPC defines 'decree' to include: (i) formal expression of adjudication conclusively determining rights, AND (iv) rejection of plaint (not just dismissal). Order 43 Rule 1 provides that certain appeals lie as appeals from decrees, and Order 22 provides that abatement and dismissal of suits for default don't qualify as decrees. Therefore, only (i) and (iv) are correct - (ii) and (iii) are expressly excluded.

Multiple choice

Consider the following statement(s).

(i) A defendant may set up, by way of a counter-claim against the claim of the plaintiff any right or claim in respect of the cause of action accruing to him. (ii) The counter-claim may be submitted by the defendant even after he has delivered his defence. (iii) The counter-claim shall not exceed the pecuniary jurisdiction of the court.

Which of the statements given above are correct?

  1. (i) and (ii)

  2. (i) and (iii)

  3. (ii) and (iii)

  4. All of these
Reveal answer Fill a bubble to check yourself
B Correct answer
Explanation

Under Order 8 Rule 6 CPC, a defendant may set up a counter-claim (i) for any right accruing from the same cause of action, and (iii) it cannot exceed the court's pecuniary jurisdiction. However, (ii) is incorrect because a counter-claim must be filed WITH the written defense, not after - Order 8 Rule 6(3) requires it to be included in the written statement or defense.

Multiple choice

A suit may be dismissed where

  1. summons are not served on the defendant in consequence of the failure of the plaintiff to take proper steps like filing of court fee, postal charges or requisite number of copies of plaint

  2. neither party appears when the suit is called on for hearing

  3. plaintiff, after summons to defendant has returned unserved, fails to apply for fresh summons for seven days

  4. All of these
Reveal answer Fill a bubble to check yourself
D Correct answer
Explanation

Under Order 5 Rule 20 and Order 9 Rule 1, suits may be dismissed for: failure to take proper steps for service (like court fee, postal charges, copies); where neither party appears; or where plaintiff fails to apply for fresh summons within 7 days after unservice of summons. All three situations are valid grounds for dismissal under CPC provisions.