ABP SAGAR SIR TEST FOR CLAT

SECTION 01

1. Waging a war or an attempt to wage a war is punishable under

Indian Penal Code with

• Punishable with Death

• Life Imprisonment
• Either (a) or (b)
• None of these

2. Which of the following is not identified under Indian Penal Code

1860?

• Robbery by Dacoity
• Robbery by Theft
• Robbery by Rape
• None of the above

3. Which of the following is both a tort as well as a crime?

• Defamation
• Murder
• Theft
• None of these

4. If the offence of Culpable Homicide is the genus, then murder is

• An offence
• A crime
• Specie
• None of these

5. Which section of IPC deals with the definition of the offence of

Murder?

• 300
• 302
• 299
• Both (a) and (b)

6. Which of the following is not a chapter heading under Indian Penal

Code?

• Offences against State

• Offences against Human Body
• Offences against property
• None of the above.

7. The case of dowry death can be filed only within

• 7 years of death
• 7 years of marriage
• 7 years of dowry demand
• Both (b) and (c)

8. Maintenance under Section 125 of the Criminal Procedure Code can

be claimed by

• Everyone
• Wife
• Parents
• Both (b) and (c)

9. A person who helps the other person is an

• Abettor
• Instigator
• Accomplice
• Friend

10. The offence of theft can only be against

• Movable property
• Immovable property
• Both (a) and (b)
• All properties
 • SECTION 2
1
• Principles: (1) Any person may use reasonable force in order to protect his property or person.

(2) However, the force employed must be proportionate to the apprehended danger.

Facts: Krishna was walking on a lonely road. Maniyan came with a knife and said to Krishna,
"Your life or your purse". Krishna pulled out his revolver. On seeing it, Maniyan ran. Krishna
shot Maniyan in his legs. Decide. (NLS 1990)
• A
• Krishna will not be punished, as there was danger to his property.
• B
• Krishna will not be punished, as the force he used was proportionate to the
apprehended injury.
• C
• Krishna will be punished, as the force employed was disproportionate to the
apprehended injury.
• D
• As Maniyan ran to escape there was no longer a threat to Krishna's property.
So Krishna will be punished.
• 2
• Principles1: Any person who interferes with the discharge of duties by a public servant is liable
for punishment.

Principles2: Nothing is an offence if the person who committed it was winnable to appreciate the
consequences of his act, due to intoxication, provided such intoxication was administered against
his will and without his consent. (NLS 1990)

Facts: Krishna got drunk of his own volition and on his way back home he assaulted a policeman.
He is prosecuted for intimidating a public servant.

Is Mr. Krishna liable for punishment"?

• A
• Yes, Krishna is liable for punishment as he assaulted a policeman.
• B
• No, Krishna is not liable for punishment as he was drunk.
• C
• Yes, Krishna is liable for punishment as he got drunk of his own volition
• D
• None of the above
• 3
• Principle: Whoever, intending to take dishonestly any property out of the possession of another
person, moves that property for such taking, is said to commit theft.
•
Facts: Suresh went into the house of his friend Ramesh to discuss some important matter. Since
Ramesh was not at home, Suresh waited for him in the latter's drawing room. When Ramesh did
not turn up, Suresh took out a pen from Ramesh's table and wrote down a message and went
home. While going back, by force of habit, he just dropped the pen into the pocket. Subsequently,
 he forgot about it. Since the pen happened to be very valuable one, Ramesh complained to the
police and the police traced the pen in Suresh's house. Is Suresh liable for theft? (NLSIU-1994)
• A
• Suresh committed theft, because he took the pen without Ramesh's consent.
• B
• Suresh committed theft, because he failed to return the pen.
• C
• Suresh did not commit theft, because he did not have dishonest intention.
• D
• Suresh is not liable for theft but for Criminal Breach of Trust.
• 4
• Principle: A person commits cheating, when he fraudulently induces another person to deliver the
latter's property to him.

Facts: A falsely represented to B, a shop-owner that he was an officer from the Sales Tax
Department. In the course of going through the vouchers, A expressed his interest to buy, a costly
television on installment basis. B readily agreed hoping that he would get a favourable
assessment from A regarding his tax liability. A paid the first installment and took the T.V. and
disappeared. The police somehow managed to arrest him and sought to prosecute 'A' for cheating.
Decide. (NLSIU-1995)
• A
• A committed cheating, because he induced B to part with the TV, posing
himself as a sales-tax officer.
• B
• A committed cheating, because he did not pay the subsequent installment.
• C
• A did not commit cheating, because B handed over the T.V. to him in order to
get favourable assessment.
• D
• A commits the offence of Criminal Misapprpriation.
• 5
• Principle: Nothing is an offence which is done by a child under seven years of age.

Facts: A, a child born on January 01, 2005 killed another child B on December 30, 2011.
• A
• A has committed no offence.
• B
• A has committed the offence as it is heinous crime.
• C
• Killing of one child by another child is not an offence.
• D
• A has not committed the offence for on the date of killing of B, A was a minor.
SECTION 3
Question: Choose the correct meaning of the following maxims:
• 1.Ubi jus, ibi remedium
• The sovereign never dies
• The thing perishes to its owner, the laws falls on the owner.
• An accessory follows the principal.
• When there is a right there is a remedy.
• 2.Justo tempore
• At all the time
• At the right time
• At the wrong time
• At certain time
• 3.Delegatus non potest delegare
• Debtor follows the person of the debtor
• An action does not arise from a bare promise
• A delegated power cannot be further delegated
• The law does not concern itself with trifling matters
• 4.Necessitas facit licitum quod alias non est licitum
• Necessity makes that lawful which otherwise unlawful
• Public necessity is greater than private
• No one can be heir during the life of his ancestor
• No one is punished for another’s crime
.

• 5.Furiosus absentis loco est

• It ought not to be done, but if done it is valid
• Mere false description does not vitiate the object
 • An action does not arise from a bare promise.
• An insane person is regarded as an absent person
• 6.Causa proxima et non remota spectator
• Consent makes law
• The cause of a cause is the cause of the effect
• The immediate and not the remote cause is to be considered
• It is the consent of the parties, not their cohabitation which
constitutes a valid marriage
• 7.Judicium simper pro veritate accipitur
• A judgment always accepted as true
• A judgment pronounced by a judge to decide in a matter
falling within his jurisdiction is of no effect
• In equal delict, the position of the defender is the stronger
• The immediate and not the remote cause is to be considered
• 8.Pacta dant legem contractui
• Private disadvantage is counter balanced by public good
• The stipulation of parties constitute the law of the contract
• An accessory follows the principal
• No cohabitation but consent make marriage
• 9.Res perit suo domino
• The things speak for itself
• A matter adjudged is taken for truth
• A thing that has no owner naturally belongs to the first taker
• The thing perishes to its owner, the laws falls on the owner
• 10.Transit terra cum onere

• Credence is given to the witness not to their testimony

 • The thing perishes to its owner, the laws falls on the owner
• The land passes with its burdens
• A thing that has no owner naturally belongs to the first taker

• INDIAN CONSTITUTION

• . 1.The Governor of a State is appointed by the President

on the advice of the
• (a) Prime Minister
• (b) Vice- President
• (c) Chief Minister
• (d) Chief Justice
•

• 2. The President gives his resignation to the

• (a) Chief Justice
• (b) Parliament
• (c) Vice President
• (d) Prime Minister
•

• 3. For what period does the Vice President of India hold

office ?
• (a) 5 years
• (b) Till the age of 65 years
• (c) 6 years
• (d) 2 years
•

• 4. Who among the following holds office during the

pleasure of the President ?
• (a) Governor
• (b) Election Commissioner
• (c) Speaker of Lok Sabha
• (d) Prime Minister
•

• 5. Which of the following is not true regarding the

payment of the emoluments of the President ?
• (a) They can be reduced during a Financial Emergency.
• (b) They are shown separately in the budget.
• (c) They are charged on the Contigency Fund of India.
• (d) They do not require any parliament sanction.
• Answer: They are charged on the Contigency Fund of
India.
•

• 6. The total number of members nominated by the

President to the Lok Sabha and the Rajya
• Sabha is
• (a) 16
• (b) 18
• (c) 14
• (d) 12
•

• 7. Which one of the following does not constitute the

electoral college for electing the President
• of India ?
• (a) Elected members of Lok Sabha
• (b) Elected members of the Legislative Assembly of each
state.
• (c) Elected members of the Legislative Council
• (d) Elected members of Rajya Sabha
•

• 8. The council of Ministers in a Parliamentary type of

Government can remain in office till it
• enjoys the support of the
• (a) Minority of members of the Upper House of
Parliament
• (b) Majority of the members of the Upper House of
Parliament
• (c) Minority of members of the Lower House
• (d) Majority of the members of the Lower House of
Parliament
•

• 9. Which of the following appointments is not made by

the President of India ?
• (a) Chief of the Army
• (b) Speaker of the Lok Sabha
• (c) Chief Justice of India
• (d) Chief of the Air Force
• Answer: Speaker of the Lok Sabha
•

• 10. Who appoints the Prime Minister of India ?

• (a) Lok Sabha
• (b) President
• (c) Parliament
• (d) Citizens of India
• Answer: President
•

• 11. The first woman Governor of a state in free India was

• (a) Mrs. Indira Gandhi
• (b) Mrs. Vijaya Laxmi Pandit
• (c) Mrs. Sarojini Naidu
• (d) Mrs. Sucheta Kripalani
• Answer: Mrs. Sarojini Naidu
•

• 12. Minimum age required to contest for Presidentship is

• (a) 23 years
• (b) 21 years
• (c) 35 years
• (d) 30 years
•

• 13. The charge of impeachment against the President of

India for his removal can be preferred by
• (a) Both Houses of Parliament
• (b) Speaker of Lok Sabha and Chairman of Rajya Sabha
• (c) Rajya Sabha
• (d) Lok Sabha
•

• 14. The Chief Minister of a Union Territory where such a

set up exists, is appointed by the
• (a) Lt. Governor
• (b) Majority party in Legislature
• (c) President
• (d) Prime Minister
• 15. Who was the first Prime Minister of India ?
• (a) Jawaharlal Nehru
• (b) Mrs. Indira Gandhi
• (c) Dr. Rajendra Prasad
• (d) Mahatma Gandhi
•

• 16. In case a President dies while in office, the vice

President can act as President for a
• maximum period of
• (a) 1 years
• (b) 3 months
• (c) 6 months
• (d) 2 years
• 17. The Union Council of Ministers consists of
• (a) Cabinet Ministers, Minister of State and Deputy
Ministers
• (b) Cabinet Ministers and Chief Ministers of the States
• (c) Prime Minister
• (d) Cabinet Ministers
•

• 18. Who administers the oath of office to the President

of India before he enters upon the office ?
• (a) Chief Justice
• (b) Speaker
• (c) Vice President
• (d) Prime Minister
• 19. Who among the following enjoys the rank of a
Cabinet Minister of the Indian Union?
• (a) None of the Above
• (b) Deputy Chairman of the Planning Commission
• (c) Deputy Chairman, Rajya Sabha
• (d) Secretary to the Government of India
•

• 20. A person who is not a member of Parliament can be

appointed as a Minister by the President
• for a maximum period of
• (a) 9 months
• (b) 3 months
• (c) 12 months
• (d) 6 months
• 21. When can a President use his discretion in appointing
the Prime Minister ?
• (a) When no political oarty enjoys a clear majority in the
Lok Sabha.
• (b) Only when the Lok Sabha has been dissolved.
• (c) In all circumstances
• (d) In no circumstances
• Answer: When no political oarty enjoys a clear majority
in the Lok Sabha.
•

• 22. If in a country there happens to be the office of

monarchy as well as a Parliamentary form of
• government this monarch will be called
• (a) Head of the State
• (b) Head of the Cabinet
• (c) Head of the government
• (d) Both Head of the government and State
•

• 23. One feature distinguishing the Rajya Sabha from the

Vidhan Parishad is
• (a) Power of impeachment
• (b) Indirect election
• (c) Nomination of members
• (d) Tenure of membership
• 24. Chief Ministers of all the states are ex-officio
members of the
• (a) Planning Commission
• (b) National Development Council
• (c) Inter State Council
• (d) Finance Commission
• 25. Who, among the following, has the final right to
sanction the expenditure of public money in
• India ?
• (a) Speaker
• (b) President
• (c) Prime Minister
• (d) Parliament
•

• 26. Which of the following is not an essential

qualification for appointment as a Governor ?
• (a) He must not be a member of either House of
Parliament.
• (b) He should be a domicile of the state to which he is
being appointed.
• (c) He should be a citizen of India.
• (d) He must have completed the age of 35 years
• Answer: He should be a domicile of the state to which he
is being appointed.
•

• 27. The President nominates 12 members of the Rajya

Sabha according to
• (a) Their performance as office bearers of cultural
societies.
• (b) The recommendations made by the Vice President.
• (c) Their role played in political set up of the country.
• (d) Their distinction in the field of science, art, literature
and social service.
• 28. Which Article of the Constitution empowers the
President to appoint a Commission to
• investigate the condition of backward classes in general
and suggest ameliorative measures?
• (a) Art 342
• (b) Art 344
• (c) Art 340
• (d) Art 339
• 29. Who can initiate impeachment proceedings against
the President of India ?
• (a) Either House of Parliament
• (b) Any Vidhan Sabha
• (c) Only Lok Sabha
• (d) Rajya Sabha
• 30. Who was the member of the Rajya Sabha when first
appointed as the Prime Minister of
• India?
• (a) Lal Bahadur Shastri
• (b) Charan Singh
• (c) Morarji Desai
• (d) Indira Gandhi
• 31. What is the minimum age for appointment as a
Governor ?
• (a) 35 years
• (b) 40 years
• (c) 25 years
• (d) 30 years
•

• 32. Chief Minister of a State is responsible to

• (a) Prime Minister
• (b) Rajya Sabha
• (c) Legislative Assembly
• (d) Governor
•

• 33. The administrative and operational control of the

Armed Forces is exercised by the
• (a) Cabinet Committee on Political Affairs with Prime
Minister as the Chairman
• (b) Ministry of Defence
• (c) Three Chiefs of the Army, Navy and Air Force Staff
• (d) President
•

• 34. What is the position of a Minister of State in the

Central Government ?
• (a) He is a Minister of Central Government but not a
member of the Cabinet.
• (b) He looks after the interests of the State Cabinet.
• (c) He is the nominee of the State Governor.
• (d) He is the nominee of the State Cabinet.
• .
•

• 35. Who among the following is directly responsible to

Parliament for all matters concerning the
• Defence Services of India ?
• (a) President
• (b) Prime Minister
• (c) Defence Minister
• (d) Cabinet Committee on Political Affairs
• 36. How many times the President of India can seek re-
election to his post ?
• (a) Once
• (b) 3 times
• (c) 2 times
• (d) Any number of times
• 37. Who among the following has the power to form a
new state within the Union of India ?
• (a) Speaker of Lok Sabha
• (b) President
• (c) Prime Minister
• (d) Supreme Court
• 38. Is the Prime Minister bound to advise the President
on matters on which his advice is sought
• ?
• (a) If the Council of Ministers so desires.
• (b) Yes
• (c) No
• (d) It is discretionary
• 39. When the Vice President officiates as President he
draws the salary of
• (a) Chairman of Rajya Sabha
• (b) Both (A) and ( C )
• (c) President
• (d) Member of Parliament
• 40. Who among the following can attend meetings of the
Union Cabinet ?
• (a) President
• (b) Cabinet Ministers
• (c) Ministers of State
• (d) Deputy Ministers
•

• 41. Who among the following has the Constitutional

authority to make rules and regulations
• fixing the number of members of the UPSC
• (a) Vice- President
• (b) President
• (c) Home Ministry
• (d) Cabinet Secretary
•

• 42. Under whose advice the President of India declares

Emergency under Article 352 ?
• (a) Chief Ministers of all states
• (b) Prime Minister
• (c) Cabinet
• (d) Council of Ministers
•

• 43. Who acts as the President of India when neither the

President nor the Vice President is
• available ?
• (a) Seniormost Governor of a State
• (b) Chief Justice of India
• (c) Speaker of Lok Sabha
• (d) Auditor General of India
•

• 44. A proclamation of emergency issued under Article 36

must be approved by the Parliament
• within
• (a) 3 months
• (b) 2 months
• (c) 1 Month
• (d) 6 weeks
•

• 45. The Union Council of Ministers is appointed by the

• (a) President of India according to his discretion
• (b) President of India on the advice of the Prime Minister
• (c) Prime Minister of India
• (d) Parliament
•

• 46. The President can proclaim emergency on the

written advice of the
• (a) Speaker of Lok Sabha
• (b) Prime Minister
• (c) Chief Justice of India
• (d) Union Cabinet
• 47. The Union Council of Ministers is collectively
responsible to
• (a) Rajya Sabha
• (b) President
• (c) House of the People
• (d) Prime Minister
• Answer: House of the People
•

• 48. Article 78 of the Constitution deals with

• (a) President's power to get information from the Council
of Ministers.
• (b) Prime Minister's duty regarding keeping the President
informed about the government's
• decisions and policies.
• (c) Emergency powers of the President
• (d) President's power to send advisory messages to the
Parliament.
•

• 49. The maximum duration for which the Vice President

may officiate as the President, is
• (a) 1 year
• (b) 6 months
• (c) 4 months
• (d) 9 months
• 50. The President's Rule in a State can be continued for a
maximum period of
• (a) 2 years
• (b) 1 year
• (c) 6 months
• (d) 2 1/2 years