UPSC Prelims Practice Questions — SC backs voters’ right to prosecute candidates

Q1. Consider the following statements regarding the classification of offences in Indian criminal procedure: Which of the statements given above is/are correct?

  1. Whether bail can be claimed as a matter of right depends on the offence's bailability, which is classified separately from whether the offence is cognisable.
  2. An offence that is non-cognisable must necessarily also be bailable.
  3. If electoral bribery were made a cognisable offence, the police could register and investigate such cases without first obtaining a magistrate's order.
  • A. 2 and 3 only
  • B. 1, 2 and 3
  • C. 1 only
  • D. 1 and 3 only

Q2. With reference to the remedies available against a candidate who files a false nomination affidavit, consider the following statements: Which of the statements given above is/are correct?

  1. Filing a false affidavit is expressly enumerated as a distinct corrupt practice in Section 123 of the Representation of the People Act, 1951.
  2. A prosecution under Section 125A of the Act, if successful, results in punishment of the candidate rather than a declaration that the election is void.
  3. A private complaint under Section 125A can be filed only after the Election Commission has examined the affidavit and referred the matter for prosecution.
  • A. 1 only
  • B. 2 and 3 only
  • C. 2 only
  • D. 1 and 3 only

Q3. The offence under Section 125A of the Representation of the People Act, 1951 is classified as non-cognisable. Which one of the following follows from this classification?

  • A. The police cannot investigate it without an order from a magistrate
  • B. The offence can be tried only by a Court of Session
  • C. The accused cannot be released on bail while the trial is pending
  • D. Only the Election Commission can set the prosecution in motion

Q4. Consider the following statements: Which of the following is correct in respect of the above statements?

  1. Since candidates must declare their educational qualifications in the nomination affidavit, the Constitution prescribes a minimum educational qualification for election to the Lok Sabha.
  2. Candidates' educational qualifications are disclosed so that voters can make an informed choice among them.
  • A. Both Statement-I and Statement-II are correct and Statement-II explains Statement-I
  • B. Both Statement-I and Statement-II are correct, but Statement-II does not explain Statement-I
  • C. Statement-I is correct, but Statement-II is incorrect
  • D. Statement-I is incorrect, but Statement-II is correct