Part 2: RJS 021( Set B) Questions Answer With An Explanation

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Q51. Where an offence under The Juvenile Justice Care and Protection of Children) Act 2015 is punishable with imprisonment for less than three years, then such offence shall

(1) Cognizable, bailable and triable by Magistrate of the First Class

(2) Cognizable non-bailable and triable by Magistrate of the First Class,

(3) Non-cognizable, bailable and triable by any Magistrate.

(4) Non-cognizable non-bailable and triable by any Magistrate.

Answer: Non-cognizable, bailable and triable by any magistrate.

What you should know:As per 86(3) of The Juvenile Justice Care and Protection of Children) Act 2015, where an offence is punishable with imprisonment for less than three years, then such offence shall be non-cognizable, bailable and triable by any magistrate.

Q52. Offences under section 232 of the Indian penal Code.1860 is:

Answer: Cognizable, non-bailable triable by court of sessions.

What you should know:Whoever counterfeits, or knowingly performs any part of the process of counterfeiting Indian coin, shall be punished with imprisonment of either description for a term which may extend to ten years and shall also be liable to fine. Counterfeiting is a cognizable, non-bailable triable by court of session.

Q53. Provisions of sections 3 to 13 of The Protection of Children from Sexual Offences Act. 2012. shall not apply in case of medical examination or medical treatment of a child where

(1) such medical examination or medical treatment is undertaken with the consent of the child himself

(2)such medical examination or medical treatment is undertaken with the consent of the court

(3) such medical examination or medical treatment is undertaken with the consent of his parents

(4) such medical examination or medical treatment is undertaken under the direction

Answer:such medical examination or medical treatment is undertaken with the consent of his parents

What you should know:Under section 41 of the Protection of Children from Sexual Offences Act. 2012, the provisions of section 3 to 13 (both inclusive) shall not apply in case of medical examination or medical treatment of a child when such medical examination or medical treatment is undertaken with the consent of his parents or guardian.

Q54: Under the Code of Criminal Procedure, 1973, security for good behaviour from the persons disseminating seditious matters can be demanded by:

(1) Magistrate of the First Class

(2) Chief Judicial Magistrate

(3) Sessions Judge

(4) Executive Magistrate

Answer:Executive Magistrate

What you should know:Section 108(1) of the Code of Criminal Procedure, 1973 when an executive magistrate receives information that there is within his local jurisdiction any person, who, within or without such jurisdiction

i. Either orally or in writing or any other manner, intentionally disseminates or attempts to disseminate or abets the dissemination.

Thereby, the Executive magistrate has the authority to demand security for good behaviour from the persons disseminating seditious matters

Q55. Which of the following statement in respect of section 320 of the Code of Criminal Procedure, 1973, is not correct?

(1) The composition of an offence before charge shall have the effect of discharge of the accused

(2) No offence shall be compounded if the accused is, by reason of a previous conviction, liable to enhanced punishment.

(3) When an appeal is pending, no composition for the offence shall be allowed without the leave of the appellate court.

(4) The person competent to compound an offence is dead, the legal representative of such person may, with the consent of the court, compoundsuch offence.

Answer:The composition of an offence before charge shall have the effect of discharge of the accused

What you should know:Section 320 of the Code of Criminal Procedure, 1973 the composition of an offence under this section shall have the effect of an acquittal of the accused with whom the offence has been compounded.

Q56. How many fundamental principles are provided in section 3 of The Juvenile Justice(Care and Protection of Children) Act, 2015?

(1) 12

(2) 14

(3) 16

(4) 18

Answer:16

What you should know:Under section 3(2) of the Juvenile Justice (care and protection of children) Rules, 2007, laid down 16 fundamental principles such as the principle of presumption,Principle of participation, Principle of best interest, Principle of family responsibility, Principle of safety etc.

Q57. Under Indian Penal Code, 1860, when the imprisonment awarded for solitary confinement shall exceed three months, the solitary confinement shall not exceedin any one month of the whole imprisonment awarded

(1) seven days

(2) fourteen days

(3) fifteen days

4) ten days

Answer:seven days

What you should know:Under section 74 of the Indian Penal Code, in executing a sentence of solitary confinement, such confinement shall in no case exceed fourteen days at a time, with intervals between the periods of solitary confinement of not less duration than such periods and when the imprisonment awarded shall exceed three months, the solitary confinement.

Q58. For the purpose of section 23 of The Protection of Children from Sexual Offences Act 2012, which among the following is not correct?

(1) No report in any media shall disclose the identity of a child.

(2) The publisher or the owner of the media shall be jointly and severally liable for the acts and omissions of his employee.

(3) On contravention of the provisions of subsection (1) or (2) of section 23, the accused shall be liable to be punished with imprisonment of either description for a period which shall not be less than 1 year but which may extend to 2 years or with fine or with both.

(4)None of the above options.

Answer: On contravention of the provisions of subsection (1) or (2) of section 23, the accused shall be liable to be punished with imprisonment of either description for a period which shall not be less than 1 year but which may extend to 2 years or with fine or with both.

What you should know:Under section 23 of the Protection of Children from Sexual Offences Act 2012 any person who contravenes the provisions of subsection (1) or subsection (2) shall be liable to be punished with imprisonment of either description for a period which shall not be less than six months but which may extend to one year or with fine or with both.

Q59. Which statement with reference to section 101 of The Juvenile Justice (Care and Protection of Children) Act, 2015, is wrong?

(1) An appeal shall lie against an order of the Board before the Children's Court.

(2) A Second Appeal shall lie from any order of the Court of Sessions, passed in appeal under section 101 (2) before the High Court.

(3) Any person aggrieved by an order of the Children's Court may file an appeal before the High Court

(4) No appeal shall lie from any order made by a committee in respect of finding that a person is not a child in need of care and protection

Answer:A Second Appeal shall lie from any order of the Court of Sessions, passed in appeal under section 101 (2) before the High Court.

What you should know:As per section 101(4) of the Juvenile Justice (Care and Protection of Children) Act, 2015 no second appeal shall lie from any order of the court of session, passed in appeal under this section.

Q60. For section 363- A of Indian Penal Code,1860, "Minor means”:-

( 1) A person under 18 years of age.

(2) A person under 21 years of age.

(3) A female under 18 years of age

(4) A male under 18 years of age.

Answer:A female under 18 years of age

What you should know:Under section 363-A(4) of the Indian Penal Code, 1860 “minor” means in the case of a female, a person under 18 years of age.

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