UPSC CISF-AC-EXE Archives

31. A person commits the offence of Criminal Breach of Trust if he 1. mi

A person commits the offence of Criminal Breach of Trust if he

1. misappropriates the property he is entrusted with.
2. misappropriates the property having any dominion over the same.
3. misappropriates with dishonest intention.
4. converts it to his own use.

Select the correct answer using the code given below :

1 and 3 only

1, 2 and 3 only

2 and 4 only

1, 2, 3 and 4

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The correct answer is D) 1, 2, 3 and 4.

Section 405 of the IPC defines Criminal Breach of Trust. The definition includes being entrusted with property or having dominion over property (points 1 and 2), and dishonestly misappropriating it or converting it to one’s own use (points 3 and 4). All four points represent essential aspects or actions that constitute the offence as described in the section.

Criminal breach of trust requires: (a) entrustment or dominion over property, and (b) dishonest misappropriation, conversion, or use/disposal in violation of law/contract, or wilfully suffering others to do so. Options 1, 2, 3, and 4 cover these elements comprehensively.

32. Criminal Breach of Trust is defined under

Criminal Breach of Trust is defined under

Section 405 of the Indian Penal Code, 1860

Section 403 of the Indian Penal Code, 1860

Section 415 of the Indian Penal Code, 1860

Section 410 of the Indian Penal Code, 1860

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The correct answer is A) Section 405 of the Indian Penal Code, 1860.

Section 405 of the Indian Penal Code, 1860, provides the definition of the offence of Criminal Breach of Trust.

Section 403 defines Dishonest Misappropriation of Property. Section 415 defines Cheating. Section 410 defines Stolen Property.

33. “A” without taking permission from “Z” scales the wall of “Z”s house a

“A” without taking permission from “Z” scales the wall of “Z”s house at night and enters “Z”s house through a window. “A” has committed the offence of

Criminal Trespass.

House Breaking by Night.

Lurking House Trespass by Night.

House Trespass.

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The correct answer is B) House Breaking by Night.

The act described involves entering a house (“Z”s house) in a manner that constitutes house-breaking (scaling a wall and entering through a window are specified methods in Section 445 – House Breaking). Since the act is committed “at night”, it constitutes House Breaking by Night, which is an aggravated form of house-breaking defined under Section 446 of the IPC.

Criminal Trespass (A) is the basic offence. House Trespass (D) is a specific type of criminal trespass involving a building. Lurking House Trespass by Night (C) involves taking precautions to conceal the trespass. While elements of these might be present, “House Breaking by Night” is the most specific and complete description of the offence based on the facts provided (scaling wall, entering via window, at night).

34. Punishment for Mischief by fire or explosive substance with intent to

Punishment for Mischief by fire or explosive substance with intent to destroy house has been prescribed in which one of the following Sections of the Indian Penal Code, 1860 ?

Section 436

Section 435

Section 437

Section 434

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The correct answer is A) Section 436.

Section 436 of the Indian Penal Code, 1860, specifically prescribes the punishment for committing mischief by fire or any explosive substance with intent to destroy, or knowing it to be likely that one will thereby cause the destruction of, any building which is ordinarily used as a human dwelling, or as a place for worship, or as a place for the custody of property.

Section 435 deals with mischief by fire or explosive substance causing damage above a certain value, but not necessarily directed at destroying a house. Sections 434 and 437 deal with other specific types of mischief.

35. “A” causes cattle to enter upon a field belonging to “Z”, intending to

“A” causes cattle to enter upon a field belonging to “Z”, intending to cause and knowing that he is likely to cause damage to “Z”s crop. “A” has committed the offence of

Theft.

Mischief.

Criminal Trespass.

Criminal Misappropriation.

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The correct answer is B) Mischief.

Section 425 of the IPC defines Mischief. It involves causing destruction to property, or any such change in property or in the situation thereof as destroys or diminishes its value or utility, or affects it injuriously, with intent to cause, or knowing that one is likely to cause, wrongful loss or damage to the public or to any person. Causing cattle to enter and damage crops perfectly fits this definition.

Theft (A) involves taking movable property. Criminal Trespass (C) involves unauthorized entry onto property with specific intent. Criminal Misappropriation (D) involves dishonestly taking or converting property. None of these accurately describe the act of intentionally causing damage to property by letting cattle graze.

36. “A” finds a ring lying on the highway and keeps it with him. Which one

“A” finds a ring lying on the highway and keeps it with him. Which one of the following statements is correct ?

"A" has committed the offence of theft.

It is not theft because the ring was not in possession of anyone.

It is theft because the intention of "A" was dishonest.

It is theft because the property is immovable and "A"s intention is dishonest.

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The correct answer is B) It is not theft because the ring was not in possession of anyone.

The offence of theft under Section 378 of the IPC requires the movable property to be taken “out of the possession of any person”. When a ring is found lying on the highway, it is considered lost property and is generally not deemed to be in the immediate possession of any specific person.

While “A” may have a dishonest intention in keeping the ring without attempting to find the owner, finding lost property and dishonestly misappropriating it falls under the offence of Dishonest Misappropriation of Property (Section 403 IPC), not theft. Theft specifically requires taking from possession.

37. Under the Indian Penal Code, 1860, which one of the following statemen

Under the Indian Penal Code, 1860, which one of the following statements about “Theft” is correct ?

It is defined under Section 379 of the Code.

It applies to both movable and immovable property.

Delivery of property is essential.

Property should be in possession of someone.

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The correct answer is D) Property should be in possession of someone.

Section 378 of the Indian Penal Code, 1860, defines theft as taking movable property out of the possession of any person without that person’s consent, with the intention of taking it dishonestly. The requirement that the property must be in the possession of someone is a fundamental element of theft.

Option A is incorrect because Section 379 deals with the punishment for theft, not its definition. Option B is incorrect because theft applies only to movable property (Section 378). Option C is incorrect; theft involves taking without consent, not receiving property through delivery (which implies consent).

38. An “Industrial Establishment” for the purpose of the CISF Act, 1968 me

An “Industrial Establishment” for the purpose of the CISF Act, 1968 means

an industrial undertaking engaged in Trade, Business and Services.
a company defined under the Companies Act.
a partnership firm registered under the Indian Partnership Act.

Select the correct answer using the code given below :

1 and 2 only

1 and 3 only

2 and 3 only

1, 2 and 3

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The correct answer is D) 1, 2 and 3.

Section 2(g) of the Central Industrial Security Force Act, 1968, defines “industrial establishment” as “any industrial undertaking, business, trade or service in India;”. This definition is broad and encompasses various types of entities engaged in these activities.

Option 1 directly lists components mentioned in the definition (industrial undertaking, trade, business, service). Options 2 (a company) and 3 (a partnership firm) describe common legal structures that can operate as industrial undertakings, businesses, trades, or services. Therefore, companies and partnership firms engaged in such activities would fall under the definition of an “Industrial Establishment” for the purpose of the Act. All three options describe aspects or forms that constitute an industrial establishment under the Act.

39. For adjudication of Industrial Disputes, which one of the following ma

For adjudication of Industrial Disputes, which one of the following machineries has been established ?

The Industrial Tribunal

National Commission on Labour

Labour Committee

Wage Board

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The correct answer is A) The Industrial Tribunal.

– The Industrial Disputes Act, 1947 provides a framework for the investigation and settlement of industrial disputes. It establishes various authorities for this purpose.
– For the adjudication of industrial disputes, the Act provides for Labour Courts, Industrial Tribunals, and National Industrial Tribunals.
– Labour Courts adjudicate disputes relating to matters specified in the Second Schedule of the Act.
– Industrial Tribunals adjudicate disputes relating to matters specified in both the Second and Third Schedules of the Act, typically dealing with more complex and significant disputes than Labour Courts.
– National Industrial Tribunals are constituted by the Central Government to adjudicate disputes involving questions of national importance or those affecting industrial establishments in more than one State.
– Among the given options, the Industrial Tribunal is a direct machinery established under the Act specifically for the adjudication of industrial disputes.

Other mechanisms under the Act include Conciliation Officers and Boards of Conciliation (for settlement through agreement) and Courts of Inquiry (for investigating and reporting on disputes). Wage Boards are extra-statutory bodies for wage fixation, and National Commissions on Labour are ad-hoc bodies for reviewing labour laws, not primary dispute adjudication mechanisms under the ID Act.

40. The Chairperson of the National Human Rights Commission can be removed

The Chairperson of the National Human Rights Commission can be removed by the

Chief Justice of India.

President of India.

Parliament of India.

Prime Minister of India.

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The correct answer is B) President of India.

– As per Section 23 of the Protection of Human Rights Act, 1993, the Chairperson or any other Member of the National Human Rights Commission can be removed from office by the President of India.
– The grounds for removal are proved misbehaviour or incapacity.
– Before removal, the President must refer the matter for inquiry to the Supreme Court. If the Supreme Court, after the inquiry, reports that the Chairperson or Member ought to be removed on such grounds, the President shall order the removal.
– While the Supreme Court conducts the inquiry, the ultimate authority for issuing the removal order is the President of India.

This procedure is similar to the removal process for judges of the Supreme Court and High Courts, emphasizing the importance and independence of the NHRC members. The President acts based on the binding recommendation from the Supreme Court after a due process of inquiry.