UPSC Prelims Practice Questions — Kerala HC suspends sentence of former DGP in assets case

Q1. With reference to the power of an appellate court under the Bharatiya Nagarik Suraksha Sanhita, 2023 to suspend a sentence while an appeal by a convicted person is pending, consider the following statements: Which of the statements given above is/are correct?

  1. The order operates on the execution of the sentence, while the finding of guilt recorded by the trial court continues to subsist until the appeal is decided.
  2. The appellate court must record its reasons in writing for suspending the sentence.
  3. If the appeal is ultimately dismissed, the period during which the appellant remained released is counted as part of the term of imprisonment already served.
  • A. 2 and 3 only
  • B. 1 and 2 only
  • C. 1 only
  • D. 1, 2 and 3

Q2. With reference to the offence of illicit enrichment by a public servant under the Prevention of Corruption Act, 1988, as amended in 2018, consider the following statements: Which of the statements given above is/are correct?

  1. The presumption of illicit enrichment arises when a public servant fails to file the annual property return, even if no disproportion between assets and income is shown.
  2. Once possession of assets disproportionate to known sources of income is established, it falls on the public servant to account for them satisfactorily.
  3. An error that understates the public servant's lawful income inflates the computed disproportion and can therefore decide whether the offence is made out.
  • A. 1, 2 and 3
  • B. 1 and 2 only
  • C. 3 only
  • D. 2 and 3 only

Q3. Consider the following statements about disproportionate-assets cases under the Prevention of Corruption Act, 1988 as it stands after the 2018 amendment: Which of the following is correct in respect of the above statements?

  1. Once the prosecution establishes that a public servant possessed assets disproportionate to known sources of income, the accused must satisfactorily account for them to avoid conviction.
  2. Accepting the Parliamentary Standing Committee's recommendation, the amended Act omitted any reference to intention, so illicit enrichment is now a strict-liability offence.
  • 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

Q4. A Vigilance Court convicted a retired senior police officer of possessing assets disproportionate to his known sources of income. On appeal, he contends that the prosecution miscalculated his income from other sources. The High Court suspended his sentence and released him on bail pending the appeal. Which of the following inferences can be drawn from the above?

  1. If the appellant's contention is accepted, the gap between his assets and his known lawful income could narrow.
  2. By suspending the sentence, the High Court has found that the prosecution's computation of income was erroneous.
  3. The appeal challenges whether an essential ingredient of the offence was proved, not merely the length of the sentence.
  • A. 1 and 3 only
  • B. 1, 2 and 3
  • C. 1 only
  • D. 2 and 3 only

Q5. With reference to the changes made by the Prevention of Corruption (Amendment) Act, 2018, consider the following statements: Which of the statements given above are correct?

  1. Giving a bribe to a public servant was made a distinct offence, so that it is no longer dealt with only as abetment.
  2. The scope of criminal misconduct by a public servant was widened to cover any pecuniary advantage obtained without public interest.
  3. A person compelled to give a bribe is protected from prosecution if they report the matter to law-enforcement authorities within a prescribed period.
  4. Special judges were given a target period for completing trials, which can be extended only with reasons recorded in writing.
  • A. 1, 2, 3 and 4
  • B. 1 and 2 only
  • C. 1, 3 and 4 only
  • D. 2, 3 and 4 only

Q6. Consider the following statements regarding investigation of corruption cases within States: Which of the following is correct in respect of the above statements?

  1. Even in a State that has withdrawn general consent under the Delhi Special Police Establishment Act, 1946, the CBI may investigate a case in that State if the High Court so directs.
  2. The Delhi Special Police Establishment Act, 1946 requires the consent of the State Government before members of the CBI can exercise powers and jurisdiction in an area of that State.
  • 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

Q7. With reference to the United Nations Convention against Corruption (UNCAC), consider the following statements: Which of the statements given above is/are correct?

  1. It obliges every State Party to make illicit enrichment a criminal offence, regardless of its constitutional principles.
  2. The illicit enrichment that States are asked to consider criminalising is limited to conduct committed intentionally.
  3. India is a party to the Convention, having ratified it.
  • A. 3 only
  • B. 1, 2 and 3
  • C. 1 and 2 only
  • D. 2 and 3 only