UPSC Prelims Practice Questions — SC to hear challenge to suspension of Lalu’s sentence

Question 1

In the context of Section 389 of the Code of Criminal Procedure, 1973 (Section 430 of the Bharatiya Nagarik Suraksha Sanhita, 2023), the expression 'suspension of sentence pending the appeal' most precisely means that the Appellate Court:

Accepted Answer

keeps the execution of the sentence or order in abeyance while the appeal is being decided, without disturbing the conviction

Answer

sets aside the conviction and directs a fresh trial of the accused

Answer

permanently reduces the quantum of punishment awarded by the trial court

Answer

remits the unexpired portion of the sentence and closes the appeal

Question 2

Under the proviso to Section 389(1) of the Code of Criminal Procedure, 1973, before releasing on bail a convict sentenced to imprisonment for a term of not less than how many years, the Appellate Court must give the Public Prosecutor an opportunity to show cause in writing against such release?

Accepted Answer

Ten years

Answer

Three years

Answer

Five years

Answer

Seven years

Question 3

Lalu Prasad Yadav was first convicted in the fodder scam in 2013, a conviction that attracted his disqualification from Parliament under the Representation of the People Act, 1951. This first conviction related to fraudulent withdrawals from which treasury?

Accepted Answer

Chaibasa treasury

Answer

Deoghar treasury

Answer

Dumka treasury

Answer

Doranda treasury

Question 4

The Bihar fodder scam comprised several treasury sub-cases. Consider the following treasuries:
1. Chaibasa
2. Deoghar
3. Doranda
4. Bhagalpur
Which of the above are correctly identified as treasuries whose fraudulent withdrawals led to the conviction of Lalu Prasad Yadav?

Accepted Answer

1, 2 and 3

Answer

1, 2 and 4

Answer

2, 3 and 4

Answer

1, 2, 3 and 4

Question 5

In February 2026 the Supreme Court posted for final hearing (on 22 April 2026) the batch of petitions challenging the Jharkhand High Court's suspension of sentence in the Deoghar fodder scam case. The Bench hearing this batch was headed by which judge?

Accepted Answer

Justice M.M. Sundresh

Answer

Justice Bela M. Trivedi

Answer

Justice Ajay Rastogi

Answer

Justice S.V. Raju

Question 6

The order of the Jharkhand High Court that the CBI has challenged before the Supreme Court — which the CBI characterised as effectively a grant of 'post-conviction bail' — was passed by the High Court in exercise of its statutory power to suspend a sentence pending appeal. That power is traceable to:

Accepted Answer

Section 389 of the CrPC, 1973 (Section 430 of the BNSS, 2023)

Answer

Section 439 of the CrPC, 1973 (Section 483 of the BNSS, 2023)

Answer

Section 482 of the CrPC, 1973 (Section 528 of the BNSS, 2023)

Answer

Section 437 of the CrPC, 1973 (Section 480 of the BNSS, 2023)

Question 7

The Central Bureau of Investigation, which prosecuted the fodder scam cases, is not created by a dedicated Act of Parliament. It derives its police powers of investigation primarily from which statute?

Accepted Answer

The Delhi Special Police Establishment Act, 1946

Answer

The Central Vigilance Commission Act, 2003

Answer

The Prevention of Corruption Act, 1988

Answer

The Commissions of Inquiry Act, 1952

Question 8

With reference to the legal architecture governing the Central Bureau of Investigation, consider the following statements:
1. The CBI was constituted directly by a Parliamentary enactment titled the 'Central Bureau of Investigation Act'.
2. For offences under the Prevention of Corruption Act, 1988, superintendence of the Delhi Special Police Establishment vests in the Central Vigilance Commission.
3. The CBI cannot exercise its powers in a State (not being a Union Territory) without the consent of that State Government.
Which of the statements given above is/are correct?

Accepted Answer

2 and 3 only

Answer

1 and 2 only

Answer

1 and 3 only

Answer

1, 2 and 3

Question 9

Consider the following statements about the Law Officers of India:
1. The Attorney General of India is the only Law Officer whose office is expressly created by the Constitution (Article 76).
2. The Solicitor General of India assists the Attorney General and ranks below him among the Law Officers.
3. The Additional Solicitors General of India assist the Attorney General and the Solicitor General in conducting Union litigation.
4. The Advocate General is a Law Officer of the Union Government appointed under Article 76.
Which of the above are correctly identified?

Accepted Answer

1, 2 and 3

Answer

1, 3 and 4

Answer

2 and 4 only

Answer

1, 2, 3 and 4

Question 10

The appointment and engagement of the Law Officers of India — the Attorney General, the Solicitor General and the Additional Solicitors General — is handled by which of the following, within the Ministry of Law and Justice?

Accepted Answer

Department of Legal Affairs

Answer

Legislative Department

Answer

Department of Justice

Answer

Department of Personnel and Training

Question 11

Consider the following statements distinguishing bail from suspension of sentence:
1. Pre-trial bail is granted before conviction, whereas suspension of sentence arises only after conviction, while an appeal is pending.
2. Suspension of sentence keeps the execution of the sentence in abeyance, while release on bail secures the convict's liberty during that period.
3. Once an appellate court suspends the sentence, the underlying conviction also stands wiped off the record.
Which of the statements given above is/are correct?

Accepted Answer

1 and 2 only

Answer

1 only

Answer

2 and 3 only

Answer

1, 2 and 3

Question 12

An appeal against a conviction and sentence recorded by a Special Judge (CBI Court), which functions with the powers of a Court of Session, ordinarily lies to which forum in the first instance?

Accepted Answer

The High Court

Answer

The Supreme Court directly

Answer

Another Court of Session

Answer

The Central Administrative Tribunal

UPSC Prelims Practice Questions — SC to hear challenge to suspension of Lalu’s sentence

Q1. In the context of Section 389 of the Code of Criminal Procedure, 1973 (Section 430 of the Bharatiya Nagarik Suraksha Sanhita, 2023), the expression 'suspension of sentence pending the appeal' most precisely means that the Appellate Court:

Q2. Under the proviso to Section 389(1) of the Code of Criminal Procedure, 1973, before releasing on bail a convict sentenced to imprisonment for a term of not less than how many years, the Appellate Court must give the Public Prosecutor an opportunity to show cause in writing against such release?

Q3. Lalu Prasad Yadav was first convicted in the fodder scam in 2013, a conviction that attracted his disqualification from Parliament under the Representation of the People Act, 1951. This first conviction related to fraudulent withdrawals from which treasury?

Q4. The Bihar fodder scam comprised several treasury sub-cases. Consider the following treasuries: 1. Chaibasa 2. Deoghar 3. Doranda 4. Bhagalpur Which of the above are correctly identified as treasuries whose fraudulent withdrawals led to the conviction of Lalu Prasad Yadav?

Q5. In February 2026 the Supreme Court posted for final hearing (on 22 April 2026) the batch of petitions challenging the Jharkhand High Court's suspension of sentence in the Deoghar fodder scam case. The Bench hearing this batch was headed by which judge?

Q7. The Central Bureau of Investigation, which prosecuted the fodder scam cases, is not created by a dedicated Act of Parliament. It derives its police powers of investigation primarily from which statute?

Q10. The appointment and engagement of the Law Officers of India — the Attorney General, the Solicitor General and the Additional Solicitors General — is handled by which of the following, within the Ministry of Law and Justice?

Q12. An appeal against a conviction and sentence recorded by a Special Judge (CBI Court), which functions with the powers of a Court of Session, ordinarily lies to which forum in the first instance?