UPSC Prelims Practice Questions — SC stays order granting access to probe documents to activist

Q1. With reference to an accused person's access to investigation material under the criminal procedure law, consider the following statements: 1. The prosecution must furnish the accused copies of the documents on which it proposes to rely in the chargesheet before the commencement of trial. 2. Material seized during investigation but neither relied upon in, nor filed with, the chargesheet is described as 'unrelied' material. 3. An accused enjoys an absolute and unconditional right to be supplied copies of every document seized during the investigation, irrespective of whether the prosecution relies on it. 4. To obtain access to unrelied material, an accused is ordinarily required to move a proper application before the court rather than receiving it automatically. Which of the statements given above is/are NOT correct?

  1. 1. The prosecution must furnish the accused copies of the documents on which it proposes to rely in the chargesheet before the commencement of trial.
  2. 2. Material seized during investigation but neither relied upon in, nor filed with, the chargesheet is described as 'unrelied' material.
  3. 3. An accused enjoys an absolute and unconditional right to be supplied copies of every document seized during the investigation, irrespective of whether the prosecution relies on it.
  4. 4. To obtain access to unrelied material, an accused is ordinarily required to move a proper application before the court rather than receiving it automatically.
  • A. 1 and 3
  • B. 3 only
  • C. 2 and 4
  • D. 3 and 4

Q2. In the 2020 Delhi riots case, the Delhi High Court's direction permitting inspection of unrelied malkhana material rested principally on which one of the following precedents, which lays down that an accused is entitled to inspect documents not relied upon by the prosecution prior to trial?

  • A. Sarla Gupta v. Directorate of Enforcement
  • B. V.K. Sasikala v. State
  • C. Zahira Habibullah Sheikh v. State of Gujarat
  • D. Sidhartha Vashisht (Manu Sharma) v. State (NCT of Delhi)

Q3. Under which one of the following provisions of the Unlawful Activities (Prevention) Act, 1967 is a court barred from granting bail to an accused where, on a perusal of the case diary or the police report, it is of the opinion that there are reasonable grounds for believing the accusation to be prima facie true?

  • A. Section 45
  • B. Section 43D(2)
  • C. Section 43D(5)
  • D. Section 35

Q4. With reference to the Unlawful Activities (Prevention) Amendment Act, 2019, consider the following statements: 1. It empowered the Central Government to designate individuals, and not merely organisations, as terrorists. 2. It permitted officers of the National Investigation Agency of the rank of Inspector or above to investigate offences under the Act. 3. It required an NIA officer to obtain the prior approval of the Director General of Police of the State concerned before attaching property representing proceeds of terrorism. 4. It added the International Convention for Suppression of Acts of Nuclear Terrorism (2005) to the schedule of treaties under the Act. Which of the statements given above is/are correct?

  1. 1. It empowered the Central Government to designate individuals, and not merely organisations, as terrorists.
  2. 2. It permitted officers of the National Investigation Agency of the rank of Inspector or above to investigate offences under the Act.
  3. 3. It required an NIA officer to obtain the prior approval of the Director General of Police of the State concerned before attaching property representing proceeds of terrorism.
  4. 4. It added the International Convention for Suppression of Acts of Nuclear Terrorism (2005) to the schedule of treaties under the Act.
  • A. 1, 2 and 3
  • B. 1, 2 and 4
  • C. 2, 3 and 4
  • D. 1, 3 and 4

Q5. With reference to the Supreme Court's power of special leave to appeal under Article 136 of the Constitution, consider the following statements: 1. It enables the Supreme Court to grant special leave to appeal from any judgment, decree, determination or order passed by any court or tribunal in the territory of India. 2. It does not extend to any judgment or order passed by a court or tribunal constituted under a law relating to the Armed Forces. 3. An interim order of stay passed by the Supreme Court under this power finally disposes of the appeal and cannot be varied at the final hearing. 4. The power is discretionary and may be exercised in both civil and criminal matters. Which of the statements given above is/are NOT correct?

  1. 1. It enables the Supreme Court to grant special leave to appeal from any judgment, decree, determination or order passed by any court or tribunal in the territory of India.
  2. 2. It does not extend to any judgment or order passed by a court or tribunal constituted under a law relating to the Armed Forces.
  3. 3. An interim order of stay passed by the Supreme Court under this power finally disposes of the appeal and cannot be varied at the final hearing.
  4. 4. The power is discretionary and may be exercised in both civil and criminal matters.
  • A. 3 only
  • B. 1 and 3
  • C. 2 and 4
  • D. 3 and 4

Q6. Consider the following pairs of constitutional provision and the jurisdiction it confers on the Supreme Court: 1. Article 32 — power to issue writs for the enforcement of fundamental rights 2. Article 136 — special leave to appeal from courts and tribunals 3. Article 226 — power to grant special leave to appeal to the Supreme Court 4. Article 143 — advisory jurisdiction on a reference by the President Which of the pairs given above is/are correctly matched?

  1. 1. Article 32 — power to issue writs for the enforcement of fundamental rights
  2. 2. Article 136 — special leave to appeal from courts and tribunals
  3. 3. Article 226 — power to grant special leave to appeal to the Supreme Court
  4. 4. Article 143 — advisory jurisdiction on a reference by the President
  • A. 1 and 2
  • B. 2, 3 and 4
  • C. 1, 2 and 4
  • D. 1, 3 and 4

Q7. The 'larger conspiracy' FIR in the 2020 North-East Delhi riots case was registered and investigated by which one of the following?

  • A. The Delhi Police, which functions under the Union Ministry of Home Affairs
  • B. The National Investigation Agency, the sole agency empowered to investigate every offence under the UAPA
  • C. The Central Bureau of Investigation under the Department of Personnel and Training
  • D. The Enforcement Directorate under the Ministry of Finance

Q8. The chargesheet filed by the Delhi Police in the 2020 riots 'larger conspiracy' case is best described by which one of the following sets of figures?

  • A. About 11,000 pages, naming 15 accused and listing 500 witnesses
  • B. About 5,000 pages, naming 18 accused and listing 747 witnesses
  • C. About 17,000 pages, naming 18 accused and listing 747 witnesses
  • D. About 17,000 pages, naming 15 accused and listing 51 witnesses

Q9. A confession or statement under Section 164 of the Code of Criminal Procedure, 1973 may be validly recorded only by which one of the following?

  • A. An Executive Magistrate of the district
  • B. A Metropolitan Magistrate or a Judicial Magistrate
  • C. The police officer in charge of the investigation
  • D. A Superintendent of Police empowered by the State Government

Q10. The rule that an accused's confession is recorded by a Magistrate under Section 164 CrPC, and not by the investigating police, is anchored primarily in which one of the following?

  • A. The bar under the Indian Evidence Act on confessions made to a police officer
  • B. The protection against self-incrimination under Article 20(3) of the Constitution
  • C. Section 161 CrPC, governing statements made to the police during investigation
  • D. Section 313 CrPC, providing for the examination of the accused by the court

Q11. In the context of the 2020 Delhi riots case, the term 'malkhana' refers to which one of the following?

  • A. The police storeroom in which property and material seized during an investigation is kept
  • B. The entire body of documents on which the prosecution exclusively relies in its chargesheet
  • C. The record room of the trial court where all case exhibits are permanently preserved
  • D. The register in which every statement recorded under Section 164 must compulsorily be entered

Q12. In a sessions trial, the framing of the charge against the accused, after considering the record and hearing the parties, is done by which one of the following?

  • A. The Public Prosecutor conducting the case for the State
  • B. The investigating officer who filed the chargesheet
  • C. The Sessions Judge (the court trying the case)
  • D. The Magistrate who committed the case to the Court of Session