The Parliamentary Act Archives

121. As per the provisions of the Indian Evidence Act, 1872, which one of t

As per the provisions of the Indian Evidence Act, 1872, which one of the following statements regarding confession to police officer due to fear of arrest of his family members is correct ?

[amp_mcq option1=”Confession is relevant.” option2=”Confession is not relevant.” option3=”Confession is relevant but not admissible.” option4=”Confession is not relevant but admissible.” correct=”option2″]

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Section 25 of the Indian Evidence Act, 1872 explicitly states that “No confession made to a police officer shall be proved as against a person accused of any offence.” Regardless of the circumstances under which the confession is made (even due to fear of family arrest, which might relate to inducement/threat under Section 24), if it is made to a police officer, it is generally not relevant and therefore not admissible in court against the accused.

– Section 25 is a strict rule based on public policy, aimed at preventing confessions being extorted by police.
– Section 26 further states that confessions made by a person in police custody are also inadmissible unless made in the immediate presence of a Magistrate.
– Section 24 deals with confessions caused by inducement, threat, or promise, making them irrelevant if the court believes the pressure was such as to render the confession involuntary. However, Sections 25 and 26 apply specifically to confessions made to or in the custody of police officers, acting as overriding prohibitions.

– There are exceptions where statements made to police leading to discovery of facts may be admissible under Section 27, but this is not a confession itself, only the part that distinctly relates to the discovered fact.
– Confessions made to persons other than police officers may be relevant, subject to conditions under Section 24 and other provisions.

122. As per the provisions of the Indian Evidence Act, 1872, which of the f

As per the provisions of the Indian Evidence Act, 1872, which of the following is/are included in the meaning of ‘Fact’?

1. Any thing, state of things, or relation of things capable of being perceived by senses
2. Any mental condition of which any person is conscious

Select the correct answer using the code given below :

[amp_mcq option1=”1 only” option2=”2 only” option3=”Both 1 and 2″ option4=”Neither 1 nor 2″ correct=”option3″]

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As per Section 3 of the Indian Evidence Act, 1872, the term ‘Fact’ means and includes: (1) anything, state of things, or relation of things, capable of being perceived by the senses; and (2) any mental condition of which any person is conscious. Both statements provided in the question directly correspond to these two limbs of the definition.

– The definition of ‘Fact’ in the Indian Evidence Act is broad, covering both physical facts (perceptible by senses) and psychological facts (mental conditions).
– Examples of physical facts include: a man heard or saw something, certain objects are arranged in a certain order.
– Examples of psychological facts include: a man has a certain intention, a man has a certain reputation, a man holds a certain opinion.

– The Indian Evidence Act defines key terms like ‘Fact’, ‘Relevant’, ‘Fact in issue’, ‘Document’, ‘Evidence’, ‘Proved’, ‘Disproved’, and ‘Not proved’ in its interpretation clause (Section 3). Understanding these definitions is crucial for interpreting the Act.

123. ‘A’ before going on a pilgrimage entrusts to ‘B’ the key of his house

‘A’ before going on a pilgrimage entrusts to ‘B’ the key of his house to use and take care of it under a contract that it shall be returned on payment of stipulated sum when ‘A’ comes back. ‘B’ sells the furniture of ‘A’. By doing so ‘B’ has committed the offence of

[amp_mcq option1=”Dishonest misappropriation of property” option2=”Cheating” option3=”Theft” option4=”Criminal breach of trust” correct=”option4″]

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The act described fits the definition of Criminal Breach of Trust under Section 405 of the Indian Penal Code (IPC). ‘A’ entrusts the key (implying entrustment of control over the house and its contents for care) to ‘B’ under a contract. ‘B’, being entrusted with the property (or dominion over it), dishonestly sells ‘A’s furniture, which is a dishonest misappropriation or conversion of that property in violation of the contract and the trust placed in him.

– Criminal Breach of Trust requires: (1) Entrustment of property or dominion over property, and (2) Dishonest misappropriation, conversion, use, or disposal of that property in violation of any direction of law or contract, or willfully suffering another person to do so.
– In this case, ‘B’ was implicitly entrusted with the care and safety of the furniture within the house, which was under his control via the key. His act of selling the furniture was dishonest and in violation of the trust placed in him.

– Dishonest misappropriation (Section 403 IPC) typically applies when property is found or acquired without initial entrustment and then dishonestly converted.
– Cheating (Section 415 IPC) involves deception leading to delivery of property or alteration of conduct causing harm. While there is dishonesty, the core offence here is the misuse of entrusted property.
– Theft (Section 378 IPC) involves taking movable property out of the possession of another without consent, with dishonest intent. While B takes the furniture, his possession of the house (and implicitly its contents for care) changes the nature of the offence from simple theft to breach of trust, as he was in lawful possession/control before the dishonest act.

124. Which of the following statements is/are correct for the commission of

Which of the following statements is/are correct for the commission of criminal breach of trust ?

1. Property is entrusted to him or he has any dominion over the property.
2. Property may be movable or immovable.
3. Offender misappropriates or converts the property for his own use.

Select the correct answer using the code given below :

[amp_mcq option1=”1, 2 and 3″ option2=”1 and 3 only” option3=”2 and 3 only” option4=”2 only” correct=”option1″]

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The correct answer is A) 1, 2 and 3. All three statements are correct elements for the commission of criminal breach of trust as defined under Section 405 of the Indian Penal Code (IPC).

– Section 405 IPC defines criminal breach of trust. The essential elements are:
1. Entrustment of property or dominion over property (Statement 1). The offender must be entrusted with the property or have control/authority over it.
2. The property can be movable or immovable (Statement 2). The term “property” in this context is broad and includes both types.
3. Dishonest misappropriation or conversion of that property for one’s own use, or dishonest use/disposal in violation of law or contract (Statement 3). This dishonest act regarding the entrusted property is the ‘breach’.

– Without entrustment or dominion, the offence cannot be criminal breach of trust; it might be theft (Section 378 IPC) or other property offences.
– The dishonest intention to cause wrongful gain or wrongful loss is implicit in “dishonestly misappropriates or converts”.

125. Which one of the following is not correct in respect of the offence

Which one of the following is not correct in respect of the offence of mischief ?

[amp_mcq option1=”Wrongful loss or damage to the property” option2=”It must be with intention to cause loss or damage only to the owner of the property” option3=”Loss or damage may be by destruction of the property” option4=”Loss or damage may be by change in the property or situation thereof as it destroys or diminishes its value or utility” correct=”option2″]

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The correct answer is B) It must be with intention to cause loss or damage only to the owner of the property. This statement is not correct regarding the offence of mischief.

– As per Section 425 of the Indian Penal Code, mischief is committed when someone, with intent to cause or knowing they are likely to cause wrongful loss or damage, causes destruction or a change in property that diminishes its value or utility.
– The key part is “with intent to cause… wrongful loss or damage to the public or to any person”. This means the loss or damage can be caused to the public in general or to any individual who may or may not be the legal owner of the property. Causing damage to property in the possession of a tenant, a bailee, or someone with a temporary right can also constitute mischief if it causes them wrongful loss.

– Options A, C, and D correctly describe elements or consequences of mischief:
– A) Wrongful loss or damage to the property is the result.
– C) Loss or damage can occur through destruction of the property.
– D) Loss or damage can occur by changing the property’s situation or form, diminishing its value or utility.

126. A member of the Central Industrial Security Force can seek protection

A member of the Central Industrial Security Force can seek protection for an act committed in the course of bonafide discharge of his/her duty under which one of the following Acts ?

[amp_mcq option1=”The Central Industrial Security Force Act, 1968″ option2=”The Delhi Special Police Establishment Act, 1946″ option3=”The Code of Criminal Procedure, 1973″ option4=”The Armed Forces (Special Powers) Act, 1958″ correct=”option3″]

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The correct answer is C) The Code of Criminal Procedure, 1973. Section 197 of the CrPC provides protection to public servants, including members of the armed forces of the Union, by requiring prior government sanction for their prosecution in respect of acts done while acting or purporting to act in the discharge of their official duty.

– CISF is constituted under the Central Industrial Security Force Act, 1968, and is an armed force of the Union.
– Section 197 of the CrPC is a general provision applicable across India that offers protection to various categories of public servants, including members of armed forces, against prosecution for official acts without prior sanction.
– This protection is available for acts committed “in the course of bonafide discharge of his/her duty”.

– The Central Industrial Security Force Act, 1968 defines the force, its powers, and duties but primarily deals with its internal administration and functioning, not providing general protection from prosecution for official acts.
– The Delhi Special Police Establishment Act, 1946 governs the CBI.
– The Armed Forces (Special Powers) Act, 1958 provides special powers and protection to members of the armed forces operating in “disturbed areas,” but CrPC Section 197 is the general protection available to members of forces like CISF across the board for acts done in official duty.

127. Which one of the following Acts is applicable to the members of the Ce

Which one of the following Acts is applicable to the members of the Central Industrial Security Force ?

[amp_mcq option1=”The Wages Act, 1936″ option2=”The Police (Incitement to Disaffection) Act, 1922″ option3=”The Industrial Disputes Act, 1947″ option4=”The Factories Act, 1948″ correct=”option2″]

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The correct answer is B) The Police (Incitement to Disaffection) Act, 1922. This Act is applicable to members of police forces and other forces charged with the maintenance of public order, which includes disciplined forces like the CISF.

– The Police (Incitement to Disaffection) Act, 1922 aims to prevent activities that incite disaffection or breach of discipline amongst members of police forces.
– Section 21A of the CISF Act, 1968 specifically states that certain Acts, including the Trade Unions Act, 1926 and the Industrial Disputes Act, 1947, do not apply to members of the Force. This reinforces that CISF members are governed by specific service laws and other laws applicable to disciplined forces, like the 1922 Act.

– The Payment of Wages Act, 1936, Industrial Disputes Act, 1947, and Factories Act, 1948 are primarily labour laws governing industrial and factory workers and certain other employed persons. Members of armed forces or forces like CISF are generally excluded from the purview of such general labour laws due to their distinct service conditions and disciplinary framework.

128. As per the provisions of the Central Industrial Security Force Act, 19

As per the provisions of the Central Industrial Security Force Act, 1968, which one of the following statements is incorrect?
During his/her suspension from office, a member of the Force

[amp_mcq option1=”is subject to the same responsibilities as he/she had before suspension.” option2=”is subject to the same discipline as he/she was subject to before suspension.” option3=”can be subjected to any penalty that could be imposed on him/her before his/her suspension.” option4=”ceases to be a member of the Force for the duration of his/her suspension.” correct=”option4″]

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The correct answer is D) ceases to be a member of the Force for the duration of his/her suspension. Suspension is a temporary state where a member is relieved of their duties but remains within the disciplinary control and is still a member of the force. They do not cease to be a member.

– Suspension is a disciplinary action or an interim measure pending inquiry. It does not terminate the employment or membership in the force.
– During suspension, a member is still subject to the rules, discipline, and responsibilities (in terms of conduct and adherence to rules) of the force.
– Penalties, including termination or dismissal, can be imposed after the completion of disciplinary proceedings, which may occur during or after the suspension period.

– Section 9(2) of the Central Industrial Security Force Act, 1968 read with relevant rules (e.g., CISF Rules) governs punishments and disciplinary procedures, including suspension. Suspension maintains the employer-employee relationship and the disciplinary jurisdiction over the suspended individual.

129. As per the provisions of the Central Industrial Security Force Act, wh

As per the provisions of the Central Industrial Security Force Act, which one of the following statements is correct ?

[amp_mcq option1=”An enrolled member of the Central Industrial Security Force can continue to be a member of the political association he had joined before becoming a member of the Force without any permission.” option2=”An enrolled member of the Force needs previous written sanction of the prescribed authority for joining a religious organization.” option3=”An enrolled member of the Force can publish a book on the scientific dimension of cyber warfare without previous written sanction of the prescribed authority.” option4=”While on leave, an enrolled member of the Force can be present in a political demonstration against the perceived violation of human rights by the security forces, provided he/she does not participate in it.” correct=”option2″]

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While the CISF (Members of Force) Rules, 2001 generally exempt “purely” religious organizations from the requirement of previous sanction for membership (Rule 18(1)), Rule 18(3) states that the Central Government’s decision is final on whether an organization is “purely” religious. This implies that for religious organizations deemed *not* purely religious (e.g., having political or activist affiliations), previous sanction would be required. Therefore, it is correct that for *some* religious organizations (those not deemed purely religious), sanction is needed.

CISF members face restrictions on joining certain associations, including potentially religious ones not deemed “purely” religious by the government.

Options A, C, and D describe activities that are clearly restricted or prohibited for members of uniformed forces as per the CISF Rules: continued membership in political associations (Rule 18(2)), publishing a book without sanction (Rule 19), and attending political demonstrations (Rule 18(1)). This makes B the most plausible correct statement, based on the potential requirement for sanction for certain types of religious organizations as determined by the government.

130. Which one of the following statements is correct ?

Which one of the following statements is correct ?

[amp_mcq option1=”The disciplinary powers of the supervisory officers of the Central Industrial Security Force to dismiss or remove members of the Force are exempt from the provisions of Article 311 of the Constitution of India.” option2=”‘Drill’, ‘extra guard’, and ‘fatigue’ are legitimate punishments that can be awarded to an enrolled member of the Central Industrial Security Force.” option3=”A member of the Central Industrial Security Force who has been awarded a punishment can appeal against it but he/she cannot prefer a revision petition against an order passed in appeal.” option4=”The only remedy against an order passed in appeal against a penalty imposed by a competent disciplinary authority is to approach the Central Administrative Tribunal.” correct=”option2″]

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As per the Central Industrial Security Force Act and Rules, disciplinary punishments can be awarded to enrolled members. Minor punishments listed often include duties like ‘Drill’, ‘extra guard’, and ‘fatigue duty’. These are considered legitimate disciplinary measures within the force.

Minor punishments like extra drill, guard, or fatigue are standard in uniformed forces.

Article 311 of the Constitution provides safeguards for civil servants but does not grant complete exemption from disciplinary action for members of uniformed forces (A). Members typically have rights to appeal and potentially seek revision against punishment orders (C is likely incorrect). While the Central Administrative Tribunal (CAT) is an avenue for redressal, it might not be the *only* remedy (D is likely incorrect).