The Parliamentary Act Archives

71. Section 15 A of the Central Industrial Security Force Act, 1968 restri

Section 15 A of the Central Industrial Security Force Act, 1968 restricts members of the force to

1. form any association.
2. be a member of any trade union, labour union or political association.
3. be a member of any society, institution, association or organisation not recognized as the part of the force.
4. be the part of an organisation, society, institution or association which is purely social, recreational or religious in nature.

Select the correct answer using the code given below :

[amp_mcq option1=”1, 2, 3 and 4″ option2=”1, 2 and 3 only” option3=”2 and 3 only” option4=”1 and 4 only” correct=”option1″]

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

Section 15A of the Central Industrial Security Force Act, 1968 imposes restrictions on members regarding associations, etc. It states that no member shall, without previous sanction of the Central Government or prescribed authority, “be a member of, or be associated in any way with, any trade union, labour union, political association or with any class of people or organisation, association or union, or be a member of any society, institution or association or organisation that is not recognised as part of the Force or is not of a purely social, recreational or religious nature”.

Analyzing the section:
1. “form any association”: Forming an association implies being a member or associated with it. Section 15A restricts membership/association with various types of bodies. Therefore, forming such associations without sanction is restricted.
2. “be a member of any trade union, labour union or political association”: This is explicitly restricted by Section 15A(a).
3. “be a member of any society, institution, association or organisation not recognized as the part of the force”: This is explicitly restricted by Section 15A(a).
4. “be the part of an organisation, society, institution or association which is purely social, recreational or religious in nature”: Section 15A(a) includes “or is not of a purely social, recreational or religious nature” as part of the description of restricted bodies that are “not recognised as part of the Force”. This phrasing means that even purely social, recreational, or religious bodies require prior sanction for membership, similar to unrecognized bodies. Thus, membership in these is also restricted without sanction.
All four listed activities require prior sanction and are hence restricted.

72. CISF members have power to arrest any person without warrant under

CISF members have power to arrest any person without warrant under

[amp_mcq option1=”Section 10 of the Central Industrial Security Force Act, 1968.” option2=”Section 11 of the Central Industrial Security Force Act, 1968.” option3=”Section 12 of the Central Industrial Security Force Act, 1968.” option4=”Section 13 of the Central Industrial Security Force Act, 1968.” correct=”option2″]

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The correct answer is B) Section 11 of the Central Industrial Security Force Act, 1968.

Section 11 of the Central Industrial Security Force Act, 1968 outlines the powers of members of the Force. Specifically, Section 11(3) grants enrolled members the power to arrest any person without warrant in certain specified circumstances, including those committing offences under the CISF Act itself or interfering with protected property. Section 11(1) also confers upon members certain powers of a police officer.

Section 10 provides protection for acts done in good faith. Section 12 deals with the power to search without warrant. Section 13 deals with power to take action against persons obstructing inquiry or search. Thus, Section 11 is the primary section empowering CISF members to make arrests, including without warrant under specific conditions mentioned within that section.

73. Dismissal, removal, etc. of enrolled members of CISF under Section 8 o

Dismissal, removal, etc. of enrolled members of CISF under Section 8 of the Central Industrial Security Force Act, 1968 is subject to

[amp_mcq option1=”Article 311 of the Constitution of India.” option2=”the rules framed by the Central Government under this Act.” option3=”the rules made by the State Governments.” option4=”Article 311 of the Constitution of India and such other rules as framed by the Central Government under this Act.” correct=”option4″]

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The correct answer is D) Article 311 of the Constitution of India and such other rules as framed by the Central Government under this Act.

Dismissal, removal, or reduction in rank of persons holding civil posts under the Union or a State is subject to the constitutional safeguards provided in Article 311 of the Constitution of India, which ensures principles of natural justice like the right to be heard. While CISF is a force, its enrolled members are considered holders of civil posts. The Central Industrial Security Force Act, 1968, in Section 8, allows for such actions by the prescribed authority, but this power must be exercised in accordance with the procedural rules framed by the Central Government under Section 22 of the Act. These rules, as well as the actions taken under them, must conform to the constitutional mandate of Article 311.

Article 311 provides protection against arbitrary dismissal, removal, or reduction in rank. The specific detailed procedure, including the types of inquiries and appeals, is laid down in the rules framed under the CISF Act by the Central Government (e.g., CISF Rules, 2001). Therefore, the process is governed by both the constitutional requirement of Article 311 and the procedural framework provided by the Central Government rules. State government rules are irrelevant as CISF is a Central force.

74. “Evidence” under the Indian Evidence Act, 1872 includes

“Evidence” under the Indian Evidence Act, 1872 includes

[amp_mcq option1=”oral evidence.” option2=”documentary evidence.” option3=”both oral and documentary evidence.” option4=”oral evidence based upon personal reading of documents.” correct=”option3″]

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The correct answer is C) both oral and documentary evidence.

Section 3 of the Indian Evidence Act, 1872 defines “Evidence” as meaning and including both “oral evidence” (statements made by witnesses before the Court) and “documentary evidence” (all documents, including electronic records, produced for the inspection of the Court).

Oral evidence consists of the statements of witnesses. Documentary evidence consists of documents. The Act makes a clear distinction between these two types of evidence. The definition is exhaustive for the purpose of the Act, meaning evidence within the meaning of the Act must fall into one of these two categories. Evidence does not include things like material objects unless they are incorporated into documentary evidence or used to understand oral evidence.

75. “A” is found dead in mysterious circumstances. The question is whether

“A” is found dead in mysterious circumstances. The question is whether the death of “A” was caused by poison or not. Relatives are claiming that the death is natural. Whose opinion would be relevant as per Section 45 of the Indian Evidence Act, 1872 ?

[amp_mcq option1=”Opinion of family members” option2=”Opinion of friends” option3=”Opinion of advocates” option4=”Opinion of experts” correct=”option4″]

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Section 45 of the Indian Evidence Act, 1872 deals with the opinions of experts. When the cause of death involves scientific analysis, such as determining if poison was the cause, the opinion of persons specially skilled in that science (e.g., forensic doctors, toxicologists) is considered a relevant fact by the court.

Expert opinion under Section 45 is relevant for scientific matters like determining the cause of death by poison.

Opinions of laypersons, including family members or friends, or professionals not specialized in the relevant scientific field (like advocates), are not admissible as expert opinions under Section 45 regarding the medical cause of death.

76. Content of a document under Section 61 of the Indian Evidence Act, 187

Content of a document under Section 61 of the Indian Evidence Act, 1872 may be proved by

[amp_mcq option1=”primary evidence only.” option2=”secondary evidence only.” option3=”primary or secondary evidence.” option4=”oral evidence only.” correct=”option3″]

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Section 61 of the Indian Evidence Act, 1872 explicitly states, “The contents of documents may be proved either by primary or by secondary evidence.”

Section 61 establishes that both primary and secondary evidence are admissible methods for proving the contents of a document.

Primary evidence (Section 62) is the original document itself. Secondary evidence (Section 63) includes certified copies, copies made by mechanical processes, copies made from the original, etc., and is generally admissible only under specific circumstances outlined in Section 65 when the primary evidence is unavailable. Oral evidence about the contents of a document is typically secondary evidence.

77. Rule making power to carry out the purpose of the Central Industrial S

Rule making power to carry out the purpose of the Central Industrial Security Force Act, 1968 is given to the Central Government under which one of the following Sections of the Act ?

[amp_mcq option1=”Section 22″ option2=”Section 23″ option3=”Section 21″ option4=”Section 20″ correct=”option1″]

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Section 22 of the Central Industrial Security Force Act, 1968 is the provision that vests the Central Government with the power to make rules for carrying out the purposes of the Act.

Section 22 is the specific section in the CISF Act, 1968 that grants rule-making authority to the Central Government.

Section 20 provides protection of action taken in good faith; Section 21 deals with the power to tender apology; Section 23 deals with the repeal and saving provision.

78. Which Section of the Criminal Procedure Code, 1973 makes provision reg

Which Section of the Criminal Procedure Code, 1973 makes provision regarding search of the arrested person and making an inventory of the articles found upon him ?

[amp_mcq option1=”Section 49″ option2=”Section 50″ option3=”Section 50 A” option4=”Section 51″ correct=”option4″]

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Section 51(1) of the Criminal Procedure Code, 1973 mandates that whenever a person is arrested by a police officer or when an arrested person is handed over to a police officer by a private person, the police officer may search such person and prepare a list (inventory) of articles found upon him (except necessary wearing apparel) in the presence of two respectable witnesses.

Section 51 CrPC lays down the procedure for searching an arrested individual and documenting the seized items.

Section 49 prohibits unnecessary restraint on the arrested person; Section 50 requires informing the arrested person of the grounds of arrest and right to bail; Section 50A imposes an obligation to inform the arrested person’s nominee.

79. Power to search a place entered by a person sought to be arrested has

Power to search a place entered by a person sought to be arrested has been provided under

[amp_mcq option1=”Section 47 of the Criminal Procedure Code, 1973.” option2=”Section 45 of the Criminal Procedure Code, 1973.” option3=”Section 46 of the Criminal Procedure Code, 1973.” option4=”Section 48 of the Criminal Procedure Code, 1973.” correct=”option1″]

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Section 47(1) of the Criminal Procedure Code, 1973 provides that if a person to be arrested has entered into or is within any place, the person residing in or in charge of such place shall allow free ingress and afford reasonable facilities for a search to the person executing the warrant or the police officer having authority to arrest. This section grants the authority to search such a place.

Section 47 CrPC empowers law enforcement to enter and search a private premise to effect an arrest if the person sought is believed to be inside.

Section 45 provides protection from arrest to members of the armed forces in certain cases; Section 46 deals with the method of arrest (how an arrest is made); Section 48 deals with the power to pursue an offender into another jurisdiction.

80. Under which Section of the Criminal Procedure Code, 1973, may a Magist

Under which Section of the Criminal Procedure Code, 1973, may a Magistrate direct search in his presence ?

[amp_mcq option1=”Section 102″ option2=”Section 103″ option3=”Section 104″ option4=”Section 105″ correct=”option2″]

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Section 103(2) of the Criminal Procedure Code, 1973 explicitly states that any Magistrate may direct a search to be made in his presence of any place for the search of which he is competent to issue a search warrant.

Section 103(2) CrPC provides the legal basis for a Magistrate to oversee a search operation directly.

Section 102 gives police the power of seizure; Section 104 gives the power to impound documents; Section 105 relates to reciprocal arrangements for searches and arrests.