UPSC Prelims Practice Questions — Personal law has no immunity from POCSO Act: HC
Q1. After the POCSO (Amendment) Act, 2019, which one of the following correctly states the punishment for aggravated penetrative sexual assault under Section 6 of the POCSO Act, 2012, including the most severe punishment available?
- A. Minimum 10 years' imprisonment, extendable to life, with death as the maximum
- B. Minimum 20 years' imprisonment, extendable to life, with death not permitted
- C. Minimum 10 years' imprisonment (raised from 7), extendable to life imprisonment
- D. Minimum 20 years' imprisonment, extendable to life, with death as the maximum
Q2. Consider the following statements about the Protection of Children from Sexual Offences (POCSO) Act, 2012 and its implementation:
1. It is a gender-neutral Act, so it protects both boys and girls from sexual offences.
2. Only police officers and medical professionals who come across such an offence are legally required to report it.
3. The child's evidence is to be recorded within thirty days of the Special Court taking cognizance, and the trial is to be completed, as far as possible, within one year.
4. By January 2025, 404 exclusive POCSO courts were working among 754 Fast Track Special Courts in every State and Union Territory of India.
Which of the statements given above is/are NOT correct?
- It is a gender-neutral Act, so it protects both boys and girls from sexual offences.
- Only police officers and medical professionals who come across such an offence are legally required to report it.
- The child's evidence is to be recorded within thirty days of the Special Court taking cognizance, and the trial is to be completed, as far as possible, within one year.
- By January 2025, 404 exclusive POCSO courts were working among 754 Fast Track Special Courts in every State and Union Territory of India.
- A. 2 only
- B. 2 and 4 only
- C. 1, 3 and 4 only
- D. 3 and 4 only
Q3. Compare the Delhi High Court's September 2026 ruling on POCSO and Muslim personal law with the Supreme Court's October 2024 judgment in Society for Enlightenment and Voluntary Action v. Union of India. Consider the following statements:
1. Like the Supreme Court, which held that personal laws cannot override the Prohibition of Child Marriage Act, the High Court held that personal law cannot create an exception to a secular penal statute where Parliament has provided none.
2. Whereas the Supreme Court judgment issued nationwide preventive directions to States and Union Territories, the High Court ruling arose from a petition to quash a criminal FIR.
3. Unlike the Supreme Court, the High Court declared the petitioner's marriage void ab initio under the Prohibition of Child Marriage Act, 2006.
Which of the statements given above is/are correct?
- Like the Supreme Court, which held that personal laws cannot override the Prohibition of Child Marriage Act, the High Court held that personal law cannot create an exception to a secular penal statute where Parliament has provided none.
- Whereas the Supreme Court judgment issued nationwide preventive directions to States and Union Territories, the High Court ruling arose from a petition to quash a criminal FIR.
- Unlike the Supreme Court, the High Court declared the petitioner's marriage void ab initio under the Prohibition of Child Marriage Act, 2006.
- A. 1 only
- B. 1 and 2 only
- C. 2 and 3 only
- D. 1, 2 and 3
Q4. In refusing to quash the FIR against a husband whose marriage was valid under Muslim personal law, which one of the following did the Delhi High Court (2026) treat as the decisive factor for liability under the POCSO Act?
- A. Whether the girl was below 18 years of age at the time of the sexual intercourse
- B. Whether the girl had attained puberty and was competent to marry under personal law
- C. Whether the marriage was voluntary and solemnised with the consent of both families
- D. Whether the girl later supported the accused's plea for bail before the court
Q5. In Indian rape law, as it stands after Independent Thought v. Union of India (2017) and under the present penal code, the 'Exception 2' (marital exception) to the definition of rape means that:
- A. sexual intercourse by a man with his own wife, the wife not being under fifteen years of age, is not rape
- B. sexual intercourse by a man with his own wife, not under sixteen years of age, is not rape unless they live apart
- C. sexual intercourse by a man with his own wife, the wife not being under eighteen years of age, is not rape
- D. sexual intercourse by a man with his registered wife, the wife not being under twenty-one years, is not rape
Q6. Under the Bharatiya Nyaya Sanhita, 2023, which one of the following correctly states the punishment, up to the most severe, prescribed for gang rape of a woman below 18 years of age?
- A. Death, which is mandatory in every case of such gang rape
- B. Imprisonment for life (remainder of natural life) or death
- C. Imprisonment for life, with the death penalty excluded in all cases
- D. Rigorous imprisonment for twenty years, with remission never permitted
Q7. Under the Prohibition of Child Marriage Act, 2006 as it currently stands, a child marriage is described as 'voidable'. This means that such a marriage:
- A. is void from its inception and has no legal effect even if no party approaches a court
- B. is valid until annulled on a petition by the party who was a child, filed within two years of attaining majority
- C. is valid until annulled on a petition by the party who was a child, filed within five years of attaining majority
- D. may be annulled at any time by the parents or guardians of either party before the bride turns 21
Q8. Consider the following items relating to India's legal and institutional framework against child marriage:
1. Section 16 of the Prohibition of Child Marriage Act, 2006 empowers the State Government to appoint Child Marriage Prohibition Officers for specified areas.
2. The Prohibition of Child Marriage (Amendment) Bill, 2021 proposed raising the minimum age of marriage for women to 21 years, the same as for men.
3. The Supreme Court's 2024 guidelines proposed a 'Child Marriage Free Village' initiative that involves Panchayats and community leaders.
4. The Supreme Court's 2024 guidelines asked the NCPCR, acting alone, to set up a dedicated portal for online reporting of child marriages.
Which of the above is/are correctly identified?
- Section 16 of the Prohibition of Child Marriage Act, 2006 empowers the State Government to appoint Child Marriage Prohibition Officers for specified areas.
- The Prohibition of Child Marriage (Amendment) Bill, 2021 proposed raising the minimum age of marriage for women to 21 years, the same as for men.
- The Supreme Court's 2024 guidelines proposed a 'Child Marriage Free Village' initiative that involves Panchayats and community leaders.
- The Supreme Court's 2024 guidelines asked the NCPCR, acting alone, to set up a dedicated portal for online reporting of child marriages.
- A. 1 and 2 only
- B. 3 and 4 only
- C. 1, 2 and 3 only
- D. 1, 2, 3 and 4
Q9. Consider the following statements about the Uniform Civil Code (UCC):
1. The Uniform Civil Code of Uttarakhand, 2024 applies to all residents of the State, including its Scheduled Tribes.
2. In January 2025, Uttarakhand became the first State after Goa to implement a UCC.
3. The Uttarakhand law covers marriage, divorce, succession and inheritance.
4. Article 44, which directs the State to endeavour to secure a UCC throughout India, is enforceable by courts because of Article 37.
Which of the above is/are NOT correct?
- The Uniform Civil Code of Uttarakhand, 2024 applies to all residents of the State, including its Scheduled Tribes.
- In January 2025, Uttarakhand became the first State after Goa to implement a UCC.
- The Uttarakhand law covers marriage, divorce, succession and inheritance.
- Article 44, which directs the State to endeavour to secure a UCC throughout India, is enforceable by courts because of Article 37.
- A. 1 only
- B. 4 only
- C. 1 and 4 only
- D. 1, 2 and 4 only
Q10. To make a uniform marriage age of 21 apply across communities, the Prohibition of Child Marriage (Amendment) Bill, 2021 proposed consequential amendments to personal and marriage-related laws. Consider the following enactments:
1. The Dowry Prohibition Act, 1961
2. The Parsi Marriage and Divorce Act, 1936
3. The Muslim Personal Law (Shariat) Application Act, 1937
4. The Foreign Marriage Act, 1969
Which of the above is/are correctly identified as enactments the Bill proposed to amend?
- The Dowry Prohibition Act, 1961
- The Parsi Marriage and Divorce Act, 1936
- The Muslim Personal Law (Shariat) Application Act, 1937
- The Foreign Marriage Act, 1969
- A. 2 and 3 only
- B. 1, 2 and 4 only
- C. 2, 3 and 4 only
- D. 1, 2, 3 and 4
Q11. Consider the following statements about the new criminal laws:
1. The Bharatiya Nyaya Sanhita, the Bharatiya Nagarik Suraksha Sanhita and the Bharatiya Sakshya Adhiniyam were notified on 25 December 2023 and came into force on 1 July 2024.
2. In the Bharatiya Nyaya Sanhita, offences against women and children are grouped in one chapter, placed before all other offences.
3. For certain offences against women, the victim's statement must be recorded only by a woman Magistrate; no male Magistrate may record it under any circumstances.
4. The new offence of sexual intercourse on a false promise of marriage applies only where the woman is below 18 years of age.
Which of the above is/are NOT correct?
- The Bharatiya Nyaya Sanhita, the Bharatiya Nagarik Suraksha Sanhita and the Bharatiya Sakshya Adhiniyam were notified on 25 December 2023 and came into force on 1 July 2024.
- In the Bharatiya Nyaya Sanhita, offences against women and children are grouped in one chapter, placed before all other offences.
- For certain offences against women, the victim's statement must be recorded only by a woman Magistrate; no male Magistrate may record it under any circumstances.
- The new offence of sexual intercourse on a false promise of marriage applies only where the woman is below 18 years of age.
- A. 4 only
- B. 1 and 3 only
- C. 2 and 4 only
- D. 3 and 4 only
Q12. Which one of the following bodies is the statutory body mandated under Section 44 of the POCSO Act, 2012, read with Rule 12 of the POCSO Rules, 2020, to monitor the Act's implementation at the national level?
- A. National Human Rights Commission, under the Protection of Human Rights Act, 1993
- B. National Commission for Women, constituted under the NCW Act, 1990
- C. National Legal Services Authority, under the Legal Services Authorities Act, 1987
- D. National Commission for Protection of Child Rights, under the CPCR Act, 2005