| Post Name | Assistant Public Prosecutor Grade II |
|---|---|
| Department | Kerala State Public Prosecutor Service |
| Question Paper Code | 139/2026/OL |
| Category Code | 694/2025 |
| Date of Test | 13 August 2026 |
| Exam Type | Online Examination |
| Total Questions | 100 |
1
A court follows an earlier decision of a higher court while deciding a similar case. Which doctrine is being applied?
Answer
C. Stare decisis
2
Which of the following is not traditionally regarded as a source of law?
Answer
D. Public opinion
3
A Supreme Court judgment contains a statement on a legal issue that was not necessary for deciding the dispute but may guide future courts. This statement is known as :
Answer
B. Obiter dicta
4
A country follows a criminal justice system in which the judge actively investigates the facts of the case rather than relying primarily on the parties to present evidence. This system is known as :
Answer
B. Inquisitorial system
5
The Supreme Court declares that a constitutional interpretation shall apply only to future cases to avoid disturbing rights already settled. Which doctrine best describes this approach?
Answer
C. Prospective overruling
6
The Council of Ministers with the Prime Minister at the head shall aid and advise the President and whether such advice was given cannot be scrutinized by the courts is laid down under :
Answer
A. Art 74 (2) of the Constitution
7
To determine the action of the administrative authority as to whether quasi ājudicial or administrative, one has to see nature of power conferred, to whom it is conferred, framework within which it is conferred and consequences was decided in :
Answer
C. Kraipak v Union of India (1969)2SCC262
8
Whether the following statement is true about Article 26 of the Constitution : (i) There is a clear distinction between the right of religious denomination to manage its own aļ¬airs in matters of religion and the right to manage property by religious denomination (ii) The former is a fundamental right which cannot be taken away except as per Article 25 and the latter can be regulated by law. (iii) The religious denominations can impose restrictions on themselves.
Answer
D. All of the above (i), (ii) & (iii)
9
Henry VIII clause means :
Answer
A. power of the authority to remove diļ¬iculty while putting the law into operation
10
Publication of administrative rule is essential as per the decision in :
Answer
C. Harla v State of Rajasthan AIR 1951SC467
11
When the oļ¬ice of the Speaker or Deputy Speaker of the legislative Assembly becomes vacant their duties shall be performed by such Member of the Assembly as appointed by the :
Answer
C. Governor
12
Article 326 of the Indian Constitution deals with :
Answer
D. Adult Suļ¬erage
13
The government shall be bound to carry out the promise made by it eventhough a formal contract as required by Article 299 has not been entered into was recognized in :
Answer
B. Union of India v Anglo Afgan Agencies (1968) 2SCR366
14
Which among the following decisions of the Supreme Court resulted in the enactment of the Central Vigilance Commission Act?
Answer
D. CBI v VC Shukla (1998)3SCC410
15
The penalty for delay in providing information under Right to information Act, 2005 is laid down under :
Answer
B. Section 20
16
Which of the following internal aids may be added to include something to or exclude something from the ambit of the main enactment?
Answer
C. Explanation
17
Where the period of operation or validity of a statute is ļ¬xed by the statute itself is known as
Answer
B. Temporary statute
18
According to which rule of interpretation the words of a statute should normally be understood in the sense they bore when it was passed?
Answer
A. Contemporanea Expositio est optima et fortissima in lege
19
Which of the following statements about non-obstante clause is NOT correct?
Answer
D. Non-obstante clause cannot be conļ¬ned to speciļ¬c area of conļ¬ict intended to address and must be interpreted broadly
20
Mark the incorrect statement :
Answer
D. If there are two possible constructions of a statute, one giving it a prospective and the other giving retrospective operation, the court shall interpret it retrospectively
21
Whoever adulterates any article of food or drink, so as to make such article noxious as food or drink, intending to sell such article as food or drink, or knowing it to be likely that the same will be sold as food or drink, shall be punished with imprisonment of either description for a term which may extend to Six months, or with ļ¬ne which may extend to ļ¬ve thousand rupees, or with both under the :
Answer
A. Section 276 BNS
22
Whoever commits dowry death shall be punished with imprisonment for a term which shall not be :
Answer
B. less than seven years but which may extend to imprisonment for life.
23
āAā makes a false entry in his shop-book for the purpose of using it as corroborative evidence in a court. āAā has _______.
Answer
A. Fabricated false evidence
24
Injuring or deļ¬ling place of worship with intent to insult religion of any class is provided under section :
Answer
D. 298 of BNS
25
Whoever counterfeits any property mark used by any other person shall be punished with imprisonment of either description for a term which may extend to :
Answer
A. two years, or with ļ¬ne, or with both
26
Consider the following statements regarding the appointment of Public Prosecutors : (i) The State Government shall appoint a Public Prosecutor for every district and may appoint one or more Additional Public Prosecutors for that district. (ii) Where a regular Cadre of Prosecuting Oļ¬icers exists, the State Government is bound to appoint the Public Prosecutor only from such cadre, unless no suitable person is available therein. (iii) A person can be appointed as a Public Prosecutor for a district even if his name does not appear in the panel prepared by the District Magistrate, irrespective of the existence of a regular cadre. Which of the statements given above is/are correct?
Answer
A. (i) and (ii) only
27
Consider the following statements regarding arrest by a private person : (i) A private person may arrest any person who, in his presence, commits a non-bailable and cognizable oļ¬ence. (ii) A private person may arrest any person suspected of committing a non-cognizable oļ¬ence in his presence. (iii) A person arrested by a private person must be handed over to a police oļ¬icer or in the absence of one, taken to the nearest police station without unnecessary delay, but within six hours of the arrest. Which of the statements given above is/are correct?
Answer
B. (i) and (iii) only
28
Consider the following statements : (i) If the person summoned cannot be found after the exercise of due diligence, the summons may be served by leaving one of its duplicates with an adult member of his family residing with him. (ii) For the purposes of such substituted service, a servant residing with the person summoned is deemed to be a member of his family. Which of the statements given above is/are correct?
Answer
A. (i) only
29
Consider the following statements regarding the recording of confessions by a Magistrate : (i) A Magistrate may record the confession of an accused only if he has territorial jurisdiction over the oļ¬ence and the confession is made after the commencement of the trial. (ii) If, before the confession is recorded, the accused states that he is not willing to make the confession, the Magistrate may still authorise his detention in police custody for further investigation. Which of the statements given above is/are correct?
Answer
D. Neither (i) nor (ii)
30
In a summary trial where the accused does not plead guilty, the Magistrate is required to :
Answer
C. Record the substance of the evidence and a judgment containing a brief statement of the reasons for the ļ¬nding.
31
If a woman sentenced to death is found to be pregnant, what is the legal consequence under Section 456?
Answer
C. The High Court shall commute the sentence of death to imprisonment for life.
32
Under the provision relating to release on bail due to prolonged detention, a ļ¬rst-time oļ¬ender (who has never been convicted of any oļ¬ence) shall ordinarily be released by the Court on bond after undergoing detention for :
Answer
B. One-third of the maximum period of imprisonment prescribed for the oļ¬ence.
33
Under the victim compensation scheme, who is responsible for preparing a scheme to provide funds for compensating victims or their dependents who have suļ¬ered loss or injury as a result of a crime and require rehabilitation?
Answer
C. Every State Government in coordination with the Central Government
34
Consider the following statements : (i) A Chief Judicial Magistrate may transfer a case to any competent Magistrate subordinate to him only before taking cognizance of the oļ¬ence. (ii) As a general rule, a Court of Session cannot take cognizance of an oļ¬ence as a Court of original jurisdiction unless the case has been committed to it by a Magistrate under the Sanhita. Which of the statements given above is/are correct?
Answer
B. (ii) only
35
Consider the following statements : (i) A person discharged under Section 281 may be tried again for the same oļ¬ence only with the consent of the Court by which he was discharged or of a Court to which that Court is subordinate. (ii) For the purposes of Section 337 of the BNSS, the dismissal of a complaint or the discharge of the accused is deemed to be an acquittal. Which of the statements given above is/are correct?
Answer
C. (i) only
36
An oļ¬ender cannot be released on probation of good conduct under Section 4 of the Probation of Oļ¬enders Act when the oļ¬ence is punishable with :
Answer
D. Death or imprisonment for life
37
As per Bharatiya Nagarik Suraksha Sanhita, 2023, electronic mode may be used for :
Answer
C. Trials, inquiries, examination of witnesses and appellate proceedings
38
Where the oļ¬ender is not traced or identiļ¬ed and no trial takes place, an identiļ¬ed victim may apply for compensation to :
Answer
B. The State or District Legal Services Authority
39
A husband oļ¬ers to maintain his wife only if she lives with him. The wife refuses because the husband has contracted another marriage. Which is the most appropriate legal position?
Answer
B. The husbandās second marriage constitutes a just ground for her refusal to live with him
40
A preliminary assessment regarding the mental and physical capacity to commit an oļ¬ence may be conducted when:
Answer
A. A child between sixteen and eighteen years is accused of a heinous oļ¬ence
41
What are the provisions of the Bharatiya Sakshya Adhiniyam (BSA), 2023, and the Indian Evidence Act (IEA), 1872, respectively, that speaks of āconclusiveā proof on legitimacy in the context of paternity, for birth during marriage?
Answer
D. Section 116 (BSA), and section 112 (IEA)
42
Which provision of the Bharatiya Sakshya Adhiniyam (BSA), 2023, corresponds to Section 6 of the Indian Evidence Act (IEA), 1872 dealing with relevancy of facts forming part of same transaction?
Answer
A. Section 4
43
Under Section 2(1)(e)(ii) of the Bharatiya Sakshya Adhiniyam, 2023, the documents produced for the inspection of the Court are called :
Answer
B. Documentary evidence
44
As deļ¬ned under the Bharatiya Sakshya Adhiniyam, 2023, a āfactā means and includes which of the following? (i) Any state of things, capable of being perceived by the senses. (ii) Any thing, capable of being perceived by the senses. (iii) Any mental condition of which any person is conscious. (iv) Any relation of things, capable of being perceived by the senses.
Answer
D. (i), (ii), (iii), and (iv)
45
As deļ¬ned and illustrated under the Bharatiya Sakshya Adhiniyam, 2023, which of the ā following is a ādocumentā? (i) A writing. (ii) A map. (iii) Words photographed (iv) A caricature.
Answer
D. (i), (ii), (iii), and (iv)
46
Under the Bharatiya Sakshya Adhiniyam, 2023, when the Court may presume the existence of any fact which it thinks is likely to have happened, regard should be given to the common course of which of the following in their relation to the facts of the particular case? (i) Natural events (ii) Human conduct (iii) Public business (iv) Private business
Answer
D. (i), (ii), (iii), and (iv)
47
Which of the following can be presumed by the Court under the provisions of the Bharatiya Sakshya Adhiniyam, 2023? (i) A man who is in possession of stolen goods soon after the theft is either the thief or has received the goods knowing them to be stolen, unless he can account for his possession. (ii) A bill of exchange, accepted or endorsed, was accepted or endorsed for good consideration. (iii) Judicial and oļ¬icial acts have been regularly performed. (iv) The common course of business has been followed in particular cases.
Answer
C. (i), (ii), (iii), and (iv)
48
Which of the following statements are correct under the Bharatiya Sakshya Adhiniyam, 2023? (i) An accomplice shall be a competent witness against an accused person. (ii) A conviction is not illegal if it proceeds upon the corroborated testimony of an accomplice. (iii) At least one male witness shall be required for the proof of any fact. (iv) At least one witness, male or female, shall be required for the proof of any fact.
Answer
A. Only (i) and (ii)
49
Which of the following provisions under the Bharatiya Sakshya Adhiniyam, 2023, protects professional communications from unauthorised disclosure?
Answer
B. Section 132
50
Akhil sues Benny for land of which Benny is in possession, and which, as Akhil asserts, was left to Akhil by the will of Cherian, Benny's father. If no evidence were given on either side, Benny would be entitled to retain his possession. As per the Bharatiya Sakshya Adhiniyam, 2023, on whom does the burden of proof lie?
Answer
A. On Akhil
51
The term āCyberspaceā may deļ¬ned as a global domain within the information environment consisting of the interdependent network of information systems infrastructures including the (i) internet (ii) telecommunications networks (iii) computer systems (iv) Embedded processors and controllers Which is the correct answer?
Answer
D. All of the Above
52
A, an individual, electronically messages B, a real estate broker, requesting B to help identify a suitable rented accommodation for her and shares her personal for this purpose. B may process her personal data identify and intimate to her the details of accommodation available on rent. Subsequently, A informs B that A no longer needs help from B.
Answer
A. B shall cease to process the personal data of A
53
A Data Principal shall have the right
Answer
D. All above are true
54
The term āelectronic signatureā means
Answer
C. authentication of any electronic record by a subscriber by means of the electronic technique speciļ¬ed in the Second Schedule and includes digital signature
55
E-Governance includes
Answer
B. making the data available in electronic form and accessible for future reference and Legal recognition of electronic records as well as information.
56
Where the originator has not stipulated that the acknowledgment of receipt of electronic record be given in a particular form or by a particular method, an acknowledgment may be given by (i) any communication by the addressee, automated or otherwise (ii) any conduct of the addressee, suļ¬icient to indicate to the originator that the electronic record has been received.
Answer
C. Both (i) and (ii) are True
57
Publishing or transmitting of material containing sexually explicit act or conduct in electronic form
Answer
B. shall be punished under the Information Technology Act, 2000, when proved
58
āIntermediary shall preserve and retain the such information as may be speciļ¬ed for such duration and in such manner and format as the Central Government may prescribe. If any intermediary who intentionally or knowingly contravenes this provision he or she shall be to penalty.ā
Answer
C. Above statement is True
59
Under section 2(s) of THE DIGITAL PERSONAL DATA PROTECTION ACT, 2023; the term āpersonā includes
Answer
D. an individual, a Hindu undivided family, a company, a ļ¬rm, an association of persons or a body of individuals, whether incorporated or not, the State
60
Tick the correct statement :
Answer
A. Dishonestly receiving stolen computer resource or communication device is punishable oļ¬ence in Indian Law
61
What is the qualiļ¬cation to be appointed as āNyayadhikariā under Gram Nyayalaya Act 2008?
Answer
C. He must be eligible to be appointed as Judicial Magistrate of the First Class
62
Which of the following do not apply to persons committing oļ¬ences under The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989? 1. Provisions of Probation of oļ¬enders Act 2. Section 360 of the Code of Criminal Procedure
Answer
A. Both 1 & 2 are correct
63
Which of the following statements is false regarding Food safety and standards Act 2006?
Answer
D. None of the Above
64
What are the circumstances in which court cannot set aside an arbitral award?
Answer
B. the Court ļ¬nds that the arbitral award is not in conļ¬ict with the public policy of India
65
A Signs an instrument in the following terms; āI promise to pay B or order Rs. 500.ā What is the nature of the instrument?
Answer
A. Promissory Note
66
Which of the following statements are true regarding The Jan Vishwas (Amendment of Provisions) Act, 2023? (i) The object of this Act is to amend certain enactments for decriminalizing and rationalizing oļ¬ences (ii) The Act provides for the revision of ļ¬nes and penalties after the expiry of every ļ¬ve years from the date of commencement of the Act (iii) The amendment by this Act of any enactment shall not aļ¬ect any other enactment in which the amended enactment has been applied, incorporated or referred to
Answer
C. Only (i) and (iii) are true
67
A manager of a company sexually harasses his subordinate lady staļ¬ during an out of town oļ¬icial trip. Whether the lady can get remedy under The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013?
Answer
C. Yes. Because harassment occurred during the course of employment
68
Oļ¬enses punishable under Narcotic Drugs and Psychotropic Substances Act, 1985 are ______.
Answer
B. Cognizable
69
Where a person is accused of having committed an oļ¬ence of Money laundering under Section 3 of prevention of Money laundering Act, 2002, the burden of proving that the money is untainted lies with _____.
Answer
A. Accused
70
Mr. A, neighbour of Mr. B, shows a sexual toy towards the school children of Mr. B, while they were sitting and studying in the balcony of their house. Though the younger child resisted, Mr. B continued with his action and the matter was reported to the police. Which oļ¬ence Mr. A has committed?
Answer
D. Sexual harassment
71
With reference to the procedural framework governing oļ¬ences under the Dowry Prohibition Act, 1961, examine the correctness of following assertions : (i) Oļ¬ences under the Act cannot be settled by compromise between the parties and are treated as non-bailable oļ¬ences (ii) In prosecutions relating to the giving, taking, or demand of dowry, the accused may be required to establish that his conduct did not amount to an oļ¬ence. (iii) A Magistrate can assume jurisdiction under the Act only when a charge-sheet or police report is submitted. (iv) The statutory bar on taking cognizance after the expiry of limitation period under the Bharatiya Nagarik Suraksha Sanhita, 2023, does not operate in respect of oļ¬ences under this Act.
Answer
A. (i), (ii) and (iv) only
72
X receives certain property associated with the marriage of Y, who is 17 years old. No transfer is made while Y remains a minor. Which of the following best reļ¬ects the statutory obligation of X?
Answer
B. X must transfer the property within three months after Y attains eighteen years of age
73
A person with mental illness is entitled to free mental healthcare and treatment at Government-run or funded mental health establishments under the Mental Health Care Act, 2017, if the person is :
Answer
A. Living below the poverty line, destitute, or homeless
74
When ļ¬ve or more persons collectively refuse to obey the lawful directions of a police oļ¬icer, the oļ¬icer exercises the power of temporary removal under the Kerala Police Act. What is the maximum period for which such persons may be kept in the designated place before being released?
Answer
B. Three hours
75
During a police inquiry, certain categories of individuals are generally protected from being required to appear at a police station for providing information. Which of the following falls within that protected category under the Kerala Police Act, 2011?
Answer
C. A senior citizen having knowledge of the facts under investigation
76
Under the Passports Act, 1967, which provision empowers the passport authority to refuse the issuance of a passport or travel document where criminal proceedings in respect of an alleged oļ¬ence are pending against the applicant before a court in India?
Answer
D. Section 6(2)(f)
77
The Advisory Board constituted under Kerala Anti-Social Activities Prevention Act, 2007, is headed by :
Answer
C. A person who is or has been a Judge of a High Court
78
Under the Immoral Traļ¬ic Prevention Act, 1956, a premises will be treated as a "brothel" when it is used :
Answer
B. For sexual exploitation or abuse for the gain of another person or the mutual gain of two or more prostitutes
79
Which of the following is NOT a legally sustainable ground for refusing a licence under Chapter II of the Arms Act, 1959?
Answer
D. The applicant does not own suļ¬icient property
80
A person is found driving a motor vehicle after consuming alcohol, and a valid test establishes that the alcohol concentration in his blood exceeds the legally permissible limit. It is established that he had been convicted for the same oļ¬ence within the preceding three years. What is the enhanced penalty applicable in such circumstances?
Answer
C. Imprisonment up to two years or ļ¬ne of Rs. 15,000, or with both
81
Which of the following provision deals with the Register of the Notaries?
Answer
B. Section 4 of the Notaries Act, 1952
82
Find out the correct option. (i) Notaries can verify the translation of, any document from one language into another. (ii) Section 8 of the Advocates Act, 1961 explains the functions of Bar Council of India. (iii) Section 7 of the Advocates Act, 1961 explains the functions of Bar Council of India. (iv) Notaries can not act as an arbitrator.
Answer
D. Only the statements (i) and (iii) are correct
83
Power of High Court to punish contempts of Subordinate courts is dealt under
Answer
A. Section 10 of the Contempt of Courts Act, 1971
84
Disciplinary powers of Bar Council of India is explained under
Answer
A. Section 36 of the Advocates Act, 1961
85
Find out the correct option. (i) "Criminal contempt" means wilful disobedience to any judgment, decree, direction, order, writ or other process of a court or wilful breach of an undertaking given to a court (ii) A person shall not be guilty of contempt of court for publishing any fair comment on the merits of any case which has been heard and ļ¬nally decided (iii) Section 16 of the Advocates Act, 1961 provides for the designation of Senior Advocate (iv) The disciplinary committee of a State Bar Council has no power to remove the name of the advocate from the State roll of advocates for professional misconduct
Answer
C. Only the statements (ii) and (iii) are correct
86
Which among the following statements is not correct about asylum?
Answer
C. A political oļ¬ender may not be granted asylum
87
Under international law, is there any hierarchy among States?
Answer
A. No, since all States are considered equal as sovereign States
88
Which of the following is not one of the four main crimes under the jurisdiction of the International Criminal Court?
Answer
B. International terrorism
89
The International Covenant on Economic, Social and Cultural Rights was adopted by the United Nations General Assembly on :
Answer
D. December 16, 1966
90
Eleanor Roosevelt is known for the contributions for creating which of the following international documents :
Answer
B. Universal Declaration of Human Rights
91
Which of the following is NOT an essential requirement for a matter to be treated as a "document" under Section 2(8) of the Bharatiya Nyaya Sanhita, 2023?
Answer
C. It must necessarily be admissible in a Court
92
Section 3(9) of BNS recognises that where several persons participate in one criminal act
Answer
B. Diļ¬erent participants may be guilty of diļ¬erent oļ¬ences
93
A, believing in good faith that Z has committed murder, apprehends Z and hands him over to the police. It is later discovered that Z acted in private defence. Which of the following is correct?
Answer
C. A has committed no oļ¬ence if he acted under a mistake of fact in good faith
94
A child aged 10 years commits theft. Under the Bharatiya Nyaya Sanhita, 2023, the child will be exempt from criminal liability only if :
Answer
D. The child had not attained suļ¬icient maturity of understanding to Judge the nature and consequences of the act
95
Which of the following is NOT an essential ingredient of the oļ¬ence of dowry death under the Bharatiya Nyaya Sanhita?
Answer
D. The husband must have intended to cause her death
96
Which one of the following is the best legal justiļ¬cation for punishing members of an unlawful assembly for acts committed in prosecution of the common object?
Answer
B. Constructive or vicarious criminal liability created by statute
97
Under the Bharatiya Nyaya Sanhita, an unlawful assembly consists of :
Answer
C. Five or more persons
98
Under the provisions relating to oļ¬ences aļ¬ecting the human body, "grievous hurt" includes
Answer
B. Permanent privation of the sight of either eye
99
Under the Bharatiya Nyaya Sanhita kidnapping from lawful guardianship primarily protects
Answer
C. Minors and persons of unsound mind
100
A surgeon performs a risky operation with the patient's consent, knowing that death is likely, but acting in good faith for the patient's beneļ¬t and without intending to cause death. Which provision protects the surgeon?
Answer
B. Section 26 of BNS
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