2019

11. Central Industrial Security Force was created

Central Industrial Security Force was created

under an Act of the Parliament
as per a Resolution of the Cabinet
as per an Executive order issued by the Ministry of Defence
as per an Executive order issued by the Ministry of Home Affairs
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UPSC CISF-AC-EXE – 2019
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The correct option is A.
The Central Industrial Security Force (CISF) was established under an Act of the Parliament of India. The Central Industrial Security Force Act, 1968, provided for the constitution and regulation of an armed force of the Union for the better protection and security of industrial undertakings owned by the Central Government. Over time, its mandate has expanded to include other types of establishments and critical infrastructure.
CISF is one of the Central Armed Police Forces (CAPFs) of India, under the Ministry of Home Affairs. Its primary role was initially focused on public sector undertakings but has expanded significantly to cover airports, seaports, power plants, government buildings, cultural heritage sites, Delhi Metro, etc.

12. Which of the following does not fall within the scope of technical con

Which of the following does not fall within the scope of technical consultancy services rendered by the Central Industrial Security Force?

Study of the industrial security and fire protection related problems and suggesting appropriate solutions
Preparing disaster management and contingency plan and conducting rehearsals for such plans
Planning and designing of communication network and preparation of related operations instructions
Procurement of security equipment for the establishment to which it has to provide security
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The correct option is D.
The Central Industrial Security Force (CISF) provides technical consultancy services related to security and fire protection. Their scope includes assessing problems, suggesting solutions, planning security systems, preparing disaster/contingency plans, and designing communication networks. However, the actual procurement of security equipment is typically the responsibility of the establishment seeking the security services, based on the recommendations provided by CISF. CISF acts as a consultant, not a purchasing agent for the client organization.
CISF provides consultancy services to various industrial undertakings and other establishments in the public and private sectors to improve their security posture. These services aim to help organizations identify vulnerabilities and implement effective security measures.

13. The National Industrial Security Academy is located at

The National Industrial Security Academy is located at

Hyderabad
Arakkonam
Mundali
Bhilai
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The correct option is A) Hyderabad.
The National Industrial Security Academy (NISA) is the premier training institution for the Central Industrial Security Force (CISF). It is located in Hakimpet, Hyderabad, Telangana.
CISF has several training centres across India for basic and in-service training, but NISA in Hyderabad is designated as the apex training institute responsible for training officers and specialized personnel, as well as developing training modules.

14. Which of the following statements is not correct? According to the Cen

Which of the following statements is not correct?
According to the Central Industrial Security Force Rules

a member of the Central Industrial Security Force may use all means necessary to effect an arrest as long as such Force is minimum required in that particular situation
the member of the Force making an arrest may also search the person so arrested but only if that person volunteers to be searched so as to prevent allegations of violation of the human rights
if a search is carried out, a copy of the inventory of the items taken in possession after the search is required to be prepared and given to the person so arrested
an inventory is required to be prepared even if nothing is seized after search
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The correct option is B) the member of the Force making an arrest may also search the person so arrested but only if that person volunteers to be searched so as to prevent allegations of violation of the human rights.
This statement is incorrect. Standard legal procedures for arrest in India (e.g., under the Code of Criminal Procedure, which generally applies unless specific rules override it) permit a police officer (and similarly, security forces with arrest powers) to search the person arrested to prevent concealment of weapons, evidence, etc. There is no requirement for the arrested person to “volunteer” for the search. Lawful search upon arrest is a permissible procedure under the law and does not depend on the suspect’s consent; consent is generally required for searches *without* lawful authority or warrant under other circumstances.
Options A, C, and D reflect standard practices or legal requirements generally applicable to law enforcement/security forces making arrests and conducting searches. Use of minimum force is a principle of necessity and proportionality. Preparing an inventory of seized articles and providing a copy is a requirement for transparency and accountability during a search. Documenting that a search was conducted even if nothing was found is also a prudent procedural step.

15. Evidence to conspiracy under Section 10 of the Indian Evidence Act, 18

Evidence to conspiracy under Section 10 of the Indian Evidence Act, 1872 is applicable to

crimes only
torts only
both crimes and torts
None of the above
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The correct option is C) both crimes and torts.
Section 10 of the Indian Evidence Act, 1872 deals with the relevancy of things said or done by a conspirator in reference to a common design. The language of Section 10 applies when there is “reasonable ground to believe that two or more persons have conspired together to commit an offence or an actionable wrong”.
An “offence” refers to a crime punishable under law. An “actionable wrong” typically refers to a civil wrong for which a legal action can be brought, such as a tort. Therefore, evidence relating to a conspiracy to commit a crime or a conspiracy to commit a tort can be made relevant under Section 10, making the provision applicable to both criminal and civil proceedings involving conspiracy.

16. What is ‘fact in issue’?

What is ‘fact in issue’?

Happening of an event
Facts which are affirmed by party and denied by other
Relevant fact
Statement made by party
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The correct option is B) Facts which are affirmed by party and denied by other.
As per Section 3 of the Indian Evidence Act, 1872, “Fact in issue” means and includes “any fact from which, either by itself or in connection with other facts, the existence, non-existence, nature, or extent of any right, liability, or disability, asserted or denied in any suit or proceeding, necessarily follows.” These are the crucial disputed facts that form the basis of the case.
A “fact in issue” is central to the determination of the case. It is a disputed proposition of fact that one party alleges and the other denies, and upon which the court’s judgment depends. While ‘happening of an event’ can be a fact, it’s only a ‘fact in issue’ if its occurrence or non-occurrence is disputed and relevant to the case. A ‘relevant fact’ is a fact that is connected to a fact in issue in a way that makes it relevant under the Act (Sections 5-55). A ‘statement made by a party’ could be an admission or confession, which may relate to facts in issue or relevant facts, but the statement itself is not the definition of ‘fact in issue’.

17. Which of the following is not correct in relation to admission?

Which of the following is not correct in relation to admission?

Admissions are not conclusive, but may operate as estoppels.
All admissions are confessions.
All confessions are admissions.
An admission may be proved by or on behalf of the person making it, if it is relevant otherwise than as an admission.
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The correct option is B) All admissions are confessions.
An admission is a broader term defined under Section 17 of the Indian Evidence Act, 1872 as a statement which suggests any inference as to a fact in issue or relevant fact. A confession is a specific type of admission made by a person accused of an offence, suggesting the inference that he committed the crime. While all confessions are admissions, not all admissions are confessions (e.g., admissions in civil cases or admissions by an accused person that do not directly implicate him in the crime but relate to relevant facts).
Option A is correct as per Section 31. Option C is correct because a confession is a type of admission. Option D describes one of the exceptions under Section 21 where an admission can be proved by or on behalf of the person making it (specifically, when it is relevant for reasons other than being an admission, e.g., as a statement accompanying relevant conduct or state of mind).

18. Which one of the following regarding witnesses under the Indian Eviden

Which one of the following regarding witnesses under the Indian Evidence Act, 1872 is not correct?

An accomplice cannot be a witness.
Communication between lawyer and client is privileged, hence cannot be admitted as evidence.
Competency of witness shall be decided by Court.
A dumb witness may give his/her witness only in writing which may amount to oral witness.
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The correct option is A) An accomplice cannot be a witness.
Section 133 of the Indian Evidence Act, 1872 states that “An accomplice shall be a competent witness against an accused person; and a conviction is not illegal merely because it proceeds upon the uncorroborated testimony of an accomplice.” Therefore, an accomplice *can* be a witness.
While Section 133 states that an accomplice is a competent witness, Section 114, Illustration (b) suggests that the court may presume that an accomplice is unworthy of credit unless his evidence is corroborated in material particulars. This highlights that while their evidence is admissible, courts typically treat it with caution and seek corroboration, but they are nonetheless competent to testify. Options B, C, and D correctly reflect provisions of the Indian Evidence Act regarding privileged communications (Sections 126-129), competency of witnesses (Section 118), and evidence by dumb witnesses (Section 119), respectively.

19. A is summoned by Court to produce a particular document. Which one of

A is summoned by Court to produce a particular document. Which one of the following is correct in relation to his examination?

He becomes a witness in the case.
He cannot be cross-examined.
He can be cross-examined.
He becomes a witness so he can be called for examination-in-chief and cross-examination.
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The correct option is B) He cannot be cross-examined.
Section 139 of the Indian Evidence Act, 1872 explicitly states: “A person summoned to produce a document does not, by the mere fact that he produces it, become a witness, and cannot be cross-examined unless he is called as a witness.”
Simply producing a document in court does not make the person a witness for the purpose of examination-in-chief or cross-examination regarding the facts of the case. They are merely fulfilling a court order to present a specific document. Only if the party calling for the document decides to call this person to testify as a witness on other matters can they then be examined and potentially cross-examined.

20. Which of the following is not related to electronic record?

Which of the following is not related to electronic record?

Section 65A of the Indian Evidence Act, 1872
Section 67A of the Indian Evidence Act, 1872
Section 113B of the Indian Evidence Act, 1872
Section 22A of the Indian Evidence Act, 1872
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The correct option is C) Section 113B of the Indian Evidence Act, 1872.
Section 113B of the Indian Evidence Act, 1872 deals with the presumption as to dowry death. This section creates a presumption that if a woman dies under unnatural circumstances within seven years of her marriage and it is shown that she was subjected to cruelty or harassment by her husband or his relatives in connection with demand for dowry, the court shall presume that such death was caused by them. This section is completely unrelated to electronic records.
Sections 65A and 65B of the Indian Evidence Act were inserted by the Information Technology Act, 2000, to provide for the admissibility of electronic records as evidence. Section 67A, also inserted by the IT Act, deals with the proof as to the digital signature. Section 22A, likewise inserted by the IT Act, makes oral admissions as to the contents of electronic records not relevant unless the genuineness of the electronic record is in question. Thus, A, B, and D are related to electronic records, while C is not.
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