UPSC CISF-AC-EXE Archives

31. Which one of the following with regards to offence of theft is correct

Which one of the following with regards to offence of theft is correct ?

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Theft is always an offence against ownership.

Dishonest intention is the gist of offence of theft.

Theft may or may not include moving of property in order to take the property away.

Theft may be of movable as well as immovable properties.

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UPSC CISF-AC-EXE – 2020

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Under the Indian Penal Code, 1860, theft is defined in Section 378. The gist of the offence of theft is the dishonest intention to take movable property out of the possession of any person without that person’s consent.

– Section 378 IPC defines theft. The key elements are: (1) dishonest intention, (2) to take movable property, (3) out of the possession of any person, (4) without that person’s consent, and (5) there must be a moving of the property in order to effect such taking.
– Option A is incorrect because theft is an offence against *possession*, not necessarily ownership. One can steal from a person who is lawfully in possession but not the owner.
– Option C is incorrect because the definition explicitly requires the *moving* of the property (Section 378 Explanation 5). The taking must be accompanied by motion.
– Option D is incorrect because theft applies only to *movable* property (Section 378). Immovable property cannot be stolen under the IPC definition of theft.
– Option B is correct as dishonest intention is the fundamental mental element (mens rea) required for the offence of theft.

– The term “dishonestly” is defined in Section 24 IPC as doing anything with the intention of causing wrongful gain to one person or wrongful loss to another person.
– “Movable property” is defined in Section 22 IPC to include corporeal property of every description, except land and things attached to the earth, or permanently fastened to anything which is attached to the earth.

32. ‘A’ sues ‘B’ for a libel imputing disgraceful conduct to ‘A’. ‘B’ affi

‘A’ sues ‘B’ for a libel imputing disgraceful conduct to ‘A’. ‘B’ affirms that the matter alleged to be libelous is true. Which one of the following is not a relevant fact ?

Position of parties at the time when the libel was published

The relations of the parties at the time when the libel was published

Particulars of some dispute between A and B about a matter unconnected with the libel

Facts of some dispute between A and B which affected relations between them

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In a libel suit where the defense is that the matter alleged to be libelous is true, facts showing the position and relations of the parties at the time the libel was published, and facts of any dispute between them that affected their relations are generally relevant to establish context, motive, or the state of feelings, which might be relevant to the publication or its impact. However, particulars of a dispute between A and B about a matter *unconnected* with the libel are typically not relevant facts in determining the truth of the alleged libel or assessing damages, unless that unconnected dispute somehow provides a motive for the libel itself (which is not suggested here).

– Relevancy of facts in a court case is governed by the Indian Evidence Act, 1872.
– Facts forming part of the same transaction, facts showing motive, preparation, conduct, or relationship of parties are often relevant under Sections 6-16 of the Act.
– In a defamation case, facts related to the relationship, background, and circumstances surrounding the publication of the statement are relevant to understand the context and evaluate the claim and defense.
– A dispute on an entirely unrelated matter, without a link to the alleged libel, is generally considered irrelevant as it does not help prove or disprove the truth of the libel or the circumstances of its publication.

– The defense of truth (justification) in a defamation case requires the defendant to prove that the statement published was substantially true.
– Facts that provide context for the relationship between the parties (options A, B, D) can be relevant for various aspects of the case, including potential motive, the impact of the statement, or assessing damages, depending on the specifics.

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33. Under Section 354A of the IPC 1860, who can be a victim of the crime o

Under Section 354A of the IPC 1860, who can be a victim of the crime of sexual harassment ?

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Only a woman

Only a man

Both men as well as women

Only transgenders

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Under Section 354A of the Indian Penal Code, 1860, the victim of the crime of sexual harassment, as defined by this section, is exclusively a woman. The section defines the acts of sexual harassment when committed by a man against a woman.

– Section 354A of the IPC was introduced specifically to define and criminalise sexual harassment against women.
– The language of the section explicitly refers to acts committed by a man which constitute sexual harassment towards a woman.
– While other provisions of law or different interpretations might address similar acts against other genders, Section 354A itself is gender-specific in defining the victim as a woman.

– The section lists various acts that constitute sexual harassment, including physical contact and advances involving unwelcome and explicit sexual overtures, demanding or requesting sexual favours, showing pornography against the will of a woman, and making sexually coloured remarks.
– Sections 354B, 354C, and 354D were also introduced/amended around the same time (post-Nirbhaya case amendments) to address related offences against women (assault or use of criminal force with intent to disrobe, voyeurism, and stalking, respectively).

34. Refusal to answer questions asked by a public servant in exercise of h

Refusal to answer questions asked by a public servant in exercise of his legal powers, by a person legally bound to state the truth on that particular subject is

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not a punishable offence.

punishable with maximum one month of imprisonment.

punishable with imprisonment for a term extending up to three months.

punishable with imprisonment up to six months.

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UPSC CISF-AC-EXE – 2020

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Refusal to answer questions asked by a public servant in exercise of his legal powers, by a person legally bound to state the truth on that particular subject is a punishable offence under Section 179 of the Indian Penal Code, 1860. The prescribed punishment is imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.

– Section 179 IPC deals with the offence of refusing to answer a public servant authorised to question.
– Two key conditions must be met: the person must be legally bound to state the truth on the subject, and the public servant must be asking the question in the exercise of their legal powers.
– The penalty is imprisonment up to six months or a fine up to ₹1,000, or both.

– This section aims to ensure cooperation with public servants who are legally authorised to gather information for official purposes.
– It is important to note that the person must be *legally bound* to answer the question; not all questions asked by public servants impose a legal obligation to answer truthfully.

35. Which of the following has the power to pass orders prohibiting any pe

Which of the following has the power to pass orders prohibiting any person from repeating or continuing a public nuisance ?

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A District Magistrate

Any Executive Magistrate empowered by the State Government or the District Magistrate in this behalf

A Sub-Divisional Magistrate

All of the above

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UPSC CISF-AC-EXE – 2020

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Under Section 144 of the Code of Criminal Procedure, 1973, a District Magistrate, a Sub-Divisional Magistrate, or any other Executive Magistrate specially empowered by the State Government in this behalf, has the power to issue orders prohibiting any person from repeating or continuing a public nuisance or apprehended danger. Therefore, all of the listed authorities possess this power.

– Section 144 CrPC grants powers to Executive Magistrates to issue urgent orders in cases of nuisance or apprehended danger.
– This power is specifically vested in the District Magistrate and the Sub-Divisional Magistrate.
– The State Government also has the authority to empower other Executive Magistrates to exercise this power.

– Orders under Section 144 are typically prohibitory in nature and are aimed at preventing public nuisance or disturbances of public tranquility.
– Such orders are generally in force for a period not exceeding two months, but can be extended by the State Government under certain conditions.

36. Which one of the following is not correct ? Under the Code of Crimin

Which one of the following is *not* correct ? Under the Code of Criminal Procedure, no person who has been arrested by a police officer shall be discharged except

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on his own bond.

under the special orders of a magistrate.

on bail.

upon the completion of trial.

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UPSC CISF-AC-EXE – 2020

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Under the Code of Criminal Procedure, no person who has been arrested by a police officer shall be discharged except on his own bond, or on bail, or under the special orders of a Magistrate. Discharge upon the completion of trial is *not* a condition for discharge by a police officer as per the specified sections dealing with police arrest procedures.

– Section 59 of the Code of Criminal Procedure, 1973 specifies the circumstances under which a person arrested without warrant shall be discharged by a police officer. These are: on execution of his bond, on bail, or under the special order of a Magistrate.
– Discharge upon completion of trial is a judicial process that occurs after the trial proceedings are over, resulting in acquittal or conviction. This is not a decision or action taken by the arresting police officer regarding the initial custody.

– Sections like 57 (person arrested not to be detained for more than twenty-four hours) and 59 deal with the initial custody and release by the police.
– The option “upon the completion of trial” describes a judicial outcome (acquittal), not a method of discharge by the police after arrest and before being produced in court or remanded.

37. Every warrant of arrest issued by a court under the Code of Criminal P

Every warrant of arrest issued by a court under the Code of Criminal Procedure, 1973 shall remain in force

until it is executed.

until it is cancelled by any court.

for a period of one month.

for a maximum period of 3 months from the date of its issue.

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Every warrant of arrest issued by a court under the Code of Criminal Procedure, 1973 shall remain in force until it is executed or until it is cancelled by the court which issued it.

– Section 70(2) of the Code of Criminal Procedure, 1973 explicitly states the duration of a warrant of arrest.
– Unlike summons which have a return date, a warrant of arrest does not automatically expire after a certain period unless specifically stated by the court or law in a particular context.
– The warrant remains legally valid and executable until the person is arrested or the court revokes the warrant.

– The options suggesting fixed time periods like one month or three months are incorrect according to Section 70(2).
– A court may cancel a warrant for various reasons, such as the appearance of the accused, a change in circumstances, or on its own motion.

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38. What is the prescribed minimum explosive capacity of a Suspect Luggage

What is the prescribed minimum explosive capacity of a Suspect Luggage Containment Vehicle (SLCV) deployed at the airport ?

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1 kg TNT (single use)

2 kg TNT (single use)

3 kg TNT (single use)

3 kg TNT (multiple use)

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The prescribed minimum explosive capacity of a Suspect Luggage Containment Vehicle (SLCV) deployed at the airport is 3 kg TNT (single use).

– SLCVs are specialized vehicles designed to safely contain and transport luggage or parcels suspected of containing explosives.
– The capacity is measured in terms of TNT equivalent, indicating the amount of explosive energy the containment structure can withstand.
– The specification ensures that the vehicle can mitigate the effects of a potential explosion within the contained item, protecting personnel and airport infrastructure.

– These standards are part of airport security protocols and regulations, often set by aviation security authorities like the Bureau of Civil Aviation Security (BCAS) in India or international bodies.
– The “single use” specification means the vehicle is designed to withstand one such event, and may need repair or replacement after containing an explosion of this magnitude.

39. Which one of the following BDDS equipments is a protection equipment ?

Which one of the following BDDS equipments is a protection equipment ?

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Suspect Luggage Containment Vehicle (SLCV)

Stethoscope

Hook and Line Set

Explosive Vapour Detector

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UPSC CISF-AC-EXE – 2020

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The correct answer is A. The Suspect Luggage Containment Vehicle (SLCV) is a protection equipment used by Bomb Disposal and Detection System (BDDS) teams.

An SLCV is designed to safely transport a suspect explosive device away from a populated area to a disposal site or a safer location. It provides containment in case of accidental detonation during transport, thereby protecting personnel and the surrounding area.

Stethoscope, Hook and Line Set, and Explosive Vapour Detector are all tools used by BDDS teams, but they fall into different categories: Stethoscope is for listening for mechanical timers (detection/diagnosis), Hook and Line Set is for remote handling/manipulation (operation), and Explosive Vapour Detector is for detecting traces of explosives (detection). Only the SLCV is primarily a protective containment equipment.

40. The CCTV systems at the airports are installed to ensure effective s

The CCTV systems at the airports are installed to ensure

effective surveillance of the area.
a tamper-proof record, for any post-event analysis.
live and recorded images.

Select the correct answer using the code given below :

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1 only

1 and 3 only

2 and 3 only

1, 2 and 3

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The correct answer is D. CCTV systems at airports are installed to ensure all three listed functions: effective surveillance, tamper-proof recording for post-event analysis, and providing live and recorded images.

CCTV is a fundamental component of airport security and surveillance infrastructure. Its purpose is multi-faceted, covering real-time monitoring (live images), recording for investigation and analysis (tamper-proof record, recorded images), and overall situational awareness (effective surveillance).

BCAS mandates comprehensive CCTV coverage of critical areas within airports to enhance security, monitor passenger movement, deter crime, and aid in incident investigation. The system must meet specific technical requirements regarding coverage, recording quality, and data retention.