AIBE XVIII (2023) - Solved Question Paper with Explanations

Q: Which of the following is incorrect with respect to diary of proceedings in investigation as per the Code of Criminal Procedure, 1973 ?

Correct option: C. Section 172 CrPC requires a police diary (case diary) to be maintained and permits the court to use it to aid itself; however, the diary **is not evidence** and cannot be used as such (s.172(2)). Police officers and the court may consult it to refresh memory or aid inquiry, but it does not become substantive evidence. Hence (C) is incorrect.

Q: In which of the following cases manner of committing offence is not required to be mentioned in the charge as per the Code of Criminal Procedure, 1973 ?

Correct option: A. Sections 211–213 CrPC set out particulars of charge. Under Section 213, the manner of committing the offence is stated only when necessary to give notice of the matter charged. For a simple theft, stating time, place and the property is sufficient; the particular “manner” need not be set out. For cheating, false evidence, or disobedience of law, particulars showing the manner are generally required.

Q: Which of the following offences may be tried summarily as per the Code of Criminal Procedure, 1973 ?

Correct option: C. Under Sections 260–262 CrPC, specially empowered Magistrates can try certain offences summarily, including those **punishable with imprisonment not exceeding two years**. Life-imprisonment cases can never be tried summarily.

Q: Which of the following Section of the Code of Criminal Procedure, 1973 provides for reference to High Court ?

Correct option: D. Section 395 CrPC expressly deals with **reference to the High Court** by subordinate criminal courts on questions as to the validity of any Act, ordinance, regulation or other question of law.

Q: A person accused of the following offence may not be granted bail under Section 438 of the Code of Criminal Procedure, 1973. i. Accused of offence under Section 376AB of the IPC. ii. Accused of offence under Section 376DA of the IPC. iii. Accused of offence under Section 376DB of the IPC,

Correct option: D. By virtue of Section 438(4) CrPC (as amended), anticipatory bail is barred for certain heinous sexual offences, including **Sections 376AB, 376DA and 376DB IPC**. Therefore, all three are excluded from anticipatory bail.

Q: Which of the following act if done by any Magistrate, even in good faith without being empowered, shall vitiate the proceedings as per the Code of Criminal Procedure, 1973 ?

Correct option: C. Section 461 CrPC lists irregular acts which, if done by a Magistrate not empowered, **vitiate the proceedings**. Attachment under **Section 83** (attachment of property of a proclaimed person) is one such act. By contrast, Section 460 lists certain acts (e.g., tendering pardon under s.306) which, if done in good faith by an unauthorised Magistrate, do **not** vitiate the proceedings.

Q: Which of the following is material for deciding the jurisdiction of the Civil Court in the light of the Code of Civil Procedure, 1908 ?

Correct option: A. Jurisdiction is judged **on the plaint averments** and the reliefs claimed, not on the defence in the written statement. Courts routinely rely on this principle (e.g., *Hiralal Patni v. Sri Kali Nath*).

Q: Which of the following cannot be considered as the suit of civil nature for Section 9 of the Code of Civil Procedure, 1908 ?

Correct option: A. Section 9 CPC confers jurisdiction over all suits of a civil nature unless barred. Suits relating to franchise, specific relief, and rights of worship are of civil nature. However, **voluntary offerings/donations**, not being legally enforceable debts, are generally not recoverable and thus do not constitute suits of a civil nature.

Fully-solved AIBE XVIII paper with bilingual-ready explanations, subject tags, and difficulty ratings. Mobile-first, dark-mode ready.

AIBE XVIII2023Solved + Explained

Showing 20 questions

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Topic

Skill Tested

Questions: 20Topics: 3Skills: 5

Q1. Which of the following is incorrect with respect to diary of proceedings in investigation as per the Code of Criminal Procedure, 1973 ?

AThe statements of witnesses recorded during investigation shall be inserted in the diary.

BThe diary shall be duly paginated.

CThe diary may be used as evidence.

DCan be used by the police officers to refresh memory.

Difficulty: ModerateTopic: Criminal Procedure Code (CrPC) & Bharatiya Nagarik Suraksha Sanhita (BNSS)Skill Tested: DefineType: Section

Q2. In which of the following cases manner of committing offence is not required to be mentioned in the charge as per the Code of Criminal Procedure, 1973 ?

AA is accused of the theft of a certain article at a certain time and place.

BA is accused of cheating B at a given time and place.

CA is accused of disobeying a direction of the law with intent to save B from punishment.

DA is accused of giving false evidence at a given time and place.

Difficulty: EasyTopic: Criminal Procedure Code (CrPC) & Bharatiya Nagarik Suraksha Sanhita (BNSS)Skill Tested: ProcedureType: Section

Q3. Which of the following offences may be tried summarily as per the Code of Criminal Procedure, 1973 ?

AOffence under Section 454 of the IPC.

BOffence under Section 504 of the IPC.

COffence punishable with imprisonment for a term not exceeding two years.

DOffence punishable with life imprisonment.

Difficulty: ModerateTopic: Criminal Procedure Code (CrPC) & Bharatiya Nagarik Suraksha Sanhita (BNSS)Skill Tested: NumbersType: Section

Q4. Which of the following Section of the Code of Criminal Procedure, 1973 provides for reference to High Court ?

ASection 275

BSection 325

CSection 383

DSection 395

Difficulty: EasyTopic: Criminal Procedure Code (CrPC) & Bharatiya Nagarik Suraksha Sanhita (BNSS)Skill Tested: LocateType: Section

Q5. A person accused of the following offence may not be granted bail under Section 438 of the Code of Criminal Procedure, 1973. i. Accused of offence under Section 376AB of the IPC. ii. Accused of offence under Section 376DA of the IPC. iii. Accused of offence under Section 376DB of the IPC,

Ai & ii

Bii & iii

Ciii & i

Di, ii & iii

Difficulty: EasyTopic: Criminal Procedure Code (CrPC) & Bharatiya Nagarik Suraksha Sanhita (BNSS)Skill Tested: LocateType: Sub-section/Clause

Q6. Which of the following act if done by any Magistrate, even in good faith without being empowered, shall vitiate the proceedings as per the Code of Criminal Procedure, 1973 ?

ATender a pardon under Section 306 of CrPC.

BRecall a case and try it under Section 410 of the CrPC.

CAttaches property under Section 83 of the CrPC.

DHold an inquest under Section 176 of the CrPC.

Difficulty: HardTopic: Criminal Procedure Code (CrPC) & Bharatiya Nagarik Suraksha Sanhita (BNSS)Skill Tested: OutcomeType: Section

Q7. Which of the following is material for deciding the jurisdiction of the Civil Court in the light of the Code of Civil Procedure, 1908 ?

AAverments made in the plaint

BAverments made in the written statement

CBoth (A) & (B)

DNeither (A) nor (B)

Difficulty: EasyTopic: Code of Civil Procedure (CPC)Skill Tested: DefineType: Doctrine/Principle

Q8. Which of the following cannot be considered as the suit of civil nature for Section 9 of the Code of Civil Procedure, 1908 ?

ASuit for recovery of voluntary payments or offerings.

BSuit for rights of franchise.

CSuit for specific reliefs.

DSuit relating to rights of worship.

Difficulty: ModerateTopic: Code of Civil Procedure (CPC)Skill Tested: DefineType: Section

Q9. Which of the following provision of the Code of Civil Procedure, 1908 makes the doctrine of res judicata applicable in representative suit?

ASection 11, Explanation V

BSection 11, Explanation VI

CSection 11, Explanation VII

DSection 11, Explanation VIII

Difficulty: ModerateTopic: Code of Civil Procedure (CPC)Skill Tested: LocateType: Explanation

Q10. In which of the following situations a court will not issue summons for personal appearance to the defendant?

AIf defendant reside within the local limit of the court's jurisdiction.

BIf defendant resides with within 40 miles from the court.

CIf defendant resides 250 miles away from the court in an area having public conveyance available.

DWoman to whom Section 132 of the Civil Procedure Code, 1908 does not apply.

Difficulty: HardTopic: Code of Civil Procedure (CPC)Skill Tested: ProcedureType: Order/Rule

Q11. In which of the following situation plaintiff is precluded from bringing a fresh suit as per the Code of Civil Procedure, 1908?

ADismissal of suit where summons not served in consequence of plaintiff's failure to pay costs.

BDismissal of suit because neither party appeared.

CDismissal of suit in because plaintiff did not appear.

DDismissal of suit because plaintiff did not apply for fresh summons within given time limit once it returned unserved.

Difficulty: ModerateTopic: Code of Civil Procedure (CPC)Skill Tested: OutcomeType: Order/Rule

Q12. How many times at max. may an adjournment be granted to a party during hearing of the suit as per the Code of Civil Procedure, 1908 ?

ATwo times

BThree times

CFour times

DNo limit prescribed

Difficulty: ModerateTopic: Code of Civil Procedure (CPC)Skill Tested: NumbersType: Proviso

Q13. Which of the following Amendment Act made the provision in the Code of Civil Procedure, 1908 to produce a witness without a summons?

AThe Code of Civil Procedure (Amendment) Act, 1976

BThe Code of Civil Procedure (Amendment) Act, 1999

CThe Code of Civil Procedure (Amendment) Act, 2002

DSuch provision does not exist.

Difficulty: ModerateTopic: Code of Civil Procedure (CPC)Skill Tested: LocateType: Amendment

Q14. Which of the following is not included in the word costs as provided under the Code of Civil Procedure, 1908 ?

AThe expenses of the witnesses incurred.

BLegal fees and expenses incurred.

CFooding and lodging expenses incurred.

DAny other expenses incurred in connection with the proceedings.

Difficulty: EasyTopic: Code of Civil Procedure (CPC)Skill Tested: DefineType: Section

Q15. What period is prescribed under the Code of Civil Procedure, 1908 for defendant to enter an appearance for filing address for service of notice on him in case of a suit where summary procedure is to be applied ?

ASeven days from the date of receiving of summons.

BTen days from the date of receiving of summons.

CFifteen days from the date of receiving of summons.

DThirty days from the date of receiving of summons.

Difficulty: ModerateTopic: Code of Civil Procedure (CPC)Skill Tested: NumbersType: Order/Rule

Q16. Under which of the following provisions of the Code of Civil Procedure, 1908 the appellate court may remit an issue for trial to lower court?

AOrder XLI Rule 23

BOrder XLI Rule 23-A

COrder XLI Rule 24

DOrder XLI Rule 25

Difficulty: EasyTopic: Code of Civil Procedure (CPC)Skill Tested: ProcedureType: Order/Rule

Q17. A is accused of the murder of B by beating him. Which of the following will not be considered as relevant fact forming part of the same transaction as per the Indian Evidence Act, 1872 ?

AWhatever said by A or B at the time of beating.

BWhatever done by A or B at the time of beating.

CWhatever said by by-standers at the time of beating.

DWhatever said by A or B a day before the day of beating.

Difficulty: EasyTopic: Evidence Act & Bharatiya Sakshya Adhiniyam (BSA)Skill Tested: DefineType: Section

Q18. Which of the following provisions of the Indian Evidence Act, 1872 says that the confession to police-officer shall not be proved against him?

ASection 24

BSection 25

CSection 26

DSection 27

Difficulty: EasyTopic: Evidence Act & Bharatiya Sakshya Adhiniyam (BSA)Skill Tested: LocateType: Section

Q19. Under which of the following provision of the Indian Evidence Act, 1872 dying declaration may be admitted as evidence ?

ASection 25

BSection 29

CSection 32

DSection 37

Difficulty: EasyTopic: Evidence Act & Bharatiya Sakshya Adhiniyam (BSA)Skill Tested: LocateType: Section

Q20. Which of the following is correct according to the Indian Evidence Act, 1872 pertaining to proof of contents of the documents?

AContents of the documents shall be proved by primary evidence.

BContents of the documents may be proved by secondary evidence.

CContents of the documents shall be proved by both primary and secondary evidence.

DContents of documents may be proved either by primary or by secondary evidence.

Difficulty: EasyTopic: Evidence Act & Bharatiya Sakshya Adhiniyam (BSA)Skill Tested: DefineType: Section

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