Bar Council Full Model Test 33 English

Bar Council Full Model Test 33 (English)

Bangladesh Bar Council Preliminary Full Model Test 33

Total Questions: 100 | Full Marks: 100 | Time: 60 Minutes | Negative Marking: -0.25

Subject-wise Marks Distribution: CPC 20, SR Act 10, CrPC 20, Penal Code 20, Evidence Act 15, Limitation Act 10, Legal Ethics & Bar Council Rules 5.

1 / 100

When a Magistrate acts under Section 186 for an offence outside his limits, he acts as if:

A) The person is innocent

B) He is a High Court judge

C) The offence was a civil dispute

D) The offence had been committed within his local limits

2 / 100

Which statement correctly describes the concept of 'Mens rea'?

A) If the statute is silent, it is excluded.

B) It should be excluded unless specifically required.

C) It needs to be present at planning, but not commission.

D) Absolute prohibition (strict liability) is not required to negate mens rea.

3 / 100

Which is an INCORRECT ingredient of Criminal Breach of Trust?

A) A person must have been entrusted with property or dominion over it.

B) The person entrusted dishonestly uses or disposes of it in violation of law/contract.

C) The person dishonestly misappropriates or converts it.

D) The trust for which a property is entrusted must always be in furtherance of a lawful object. (Even if the object is illegal, misappropriating entrusted property is CBT).

4 / 100

Any document purporting to be an authorization under Section 199B shall be presumed to be:

A) Invalid after 30 days

B) Inadmissible in court

C) Genuine (unless contrary is proved)

D) Fake

5 / 100

How many members are there in the Executive Committee of the Bar Council?

A) 7 members

B) 9 members

C) 3 members

D) 5 members

6 / 100

Of all doctrines of fundamental importance in criminal jurisprudence, the primary rule is that:

A) The burden lies on the accused to prove innocence.

B) A man is presumed innocent until proved guilty, and the benefit of reasonable doubt goes to the accused.

C) The defence must disprove the prosecution story completely.

D) If the accused fails to prove an exception affirmatively, he cannot be acquitted under any circumstance.

7 / 100

Under Order XXI, Rule 11(1), where a decree is for the payment of money the Court may, on the oral application of the decree-holder at the time of the passing of the decree, order immediate execution thereof by:

A) The arrest of the judgment-debtor, prior to the preparation of a warrant if he is within the precincts of the Court

B) Selling his house immediately

C) Canceling his passport

D) Freezing his bank account automatically

8 / 100

Who can empower an Executive Magistrate to take cognizance under Section 190(4)?

A) The Government

B) The Inspector General of Police

C) The Supreme Court

D) The District Magistrate

9 / 100

Under Order XX, Rule 11, the Court may incorporate in the decree, after hearing the parties who have appeared personally or by pleader at the last hearing, an order that payment of the amount decreed shall be:

A) Paid by the government

B) Cancelled entirely

C) Converted to community service

D) Postponed or made by installments

10 / 100

When a person is made to commit a crime after being put under fear of instant death, there is:

A) No offence.

B) No mens rea.

C) Mens rea.

D) Neither mens rea nor offence. (Actus reus exists, but the defence of compulsion negates liability under Section 94. The key says (d)).

11 / 100

Where is the offence of 'having belonged to a gang of dacoits' triable?

A) Where the most recent dacoity occurred

B) Where the person charged is

C) Where the gang originated

D) Only in the capital

12 / 100

Under Section 12(3), when appealing a decree, what time is excluded besides the copy of the decree?

A) Travel time

B) Time requisite for obtaining a copy of the judgment on which it is founded

C) Time spent hiring a lawyer

D) Public holidays

13 / 100

Examination in chief of a witness shall be by-

A) none of the above

B) by the adverse party

C) both (a) & (b)

D) the party calling the witness

14 / 100

The common law rule is that no person is criminally liable for the act of another unless he authorized it. Exceptions to this include:

A) Riot.

B) Public Nuisance (and strict liability offences).

C) Criminal Trespass.

D) Private Nuisance.

15 / 100

Section 188 explicitly mentions offences committed on any ship or aircraft:

A) Traveling to Bangladesh

B) Flying over Bangladesh

C) Owned by any Bangladeshi citizen

D) Registered in Bangladesh

16 / 100

A contracts to sell land to B for 5,000. A conveys for 6,000 to C, who has notice. B may enforce against:

A) Nobody

B) Government

C) A only

D) C

17 / 100

A, claiming land as heir of B (believed dead without proof), contracts to sell to Z. Can A compel Z to perform?

A) Yes

B) Only if Court declares dead

C) No, A cannot compel Z specifically

D) Yes, with discount

18 / 100

An accomplice is a person who participates in the commission of the crime for which the accused has been charged.

A) True

B) none of the above

C) False

D) partly true

19 / 100

A and B negotiate to secure land for B for life. Contract confers absolute ownership. This contract:

A) Makes B absolute owner

B) Cannot be specifically enforced as framed

C) Must be cancelled

D) Must be enforced as written

20 / 100

An authorization under Section 199B must be countersigned by:

A) The husband's Commanding Officer

B) A Magistrate

C) A Notary Public

D) The Police

21 / 100

What is the primary consequence if a suit is filed in the name of the wrong person as a plaintiff due to a bona fide mistake?

A) The defendant is awarded compensation

B) The suit is automatically dismissed

C) The plaint is returned to the wrong person

D) The court may strike out the name and substitute or add the right person

22 / 100

Which of the following is associated with 'Common Intention' (Section 34)?

A) Same intention.

B) Similar intention.

C) Pre-mediated concert (Prior meeting of minds).

D) Unanimous decision in a meeting.

23 / 100

Which of the following is an INCORRECT element of a crime?

A) Any person, including natural and legal persons (A legal person/corporation cannot commit ALL crimes, e.g., murder).

B) Mens rea or guilty intention.

C) Actus reus in furtherance of guilty intention.

D) Injury to another human or society.

24 / 100

An offence of wrongful concealment of a kidnapped person (Section 180) can be tried where the concealment took place or where:

A) The kidnapping took place

B) The kidnapper was born

C) The ransom was paid

D) The victim was found dead

25 / 100

The phrase "where the person charged is" in Section 181(1) means:

A) Where they were born

B) Where they currently are / are found

C) Where their family lives

D) Where they want to be tried

26 / 100

A plaintiff cannot obtain specific performance without variation if the defendant supposed the contract to be different due to:

A) Plaintiff dislikes it

B) Verbal contract

C) Fraud or mistake of fact

D) Defendant bankrupt

27 / 100

Section 190(1)(a) requires a complaint of:

A) Facts which constitute such offence

B) Hearsay

C) Police negligence

D) Future crimes

28 / 100

A misjoinder or non-joinder of parties generally has what effect on a suit?

A) It allows the defendant to file a counter-suit

B) It renders the final decree void

C) It automatically defeats the suit

D) No suit shall be defeated solely by reason of it (except non-joinder of a necessary party)

29 / 100

A contracts to let B a wharf. Orally B proposed another strip, A assented. B signed. A cannot obtain specific performance EXCEPT:

A) With new contract

B) With the variation set up by B

C) By damages

D) Without variation

30 / 100

The professional privilege under Section 126 of the Evidence Act is available in respect of communication made-

A) both (a) & (b)

B) for the purposes of professional employment

C) none of the above

D) in the cause of employment

31 / 100

There is a presumption that mens rea is essential in every offence. Which is NOT an exception to this general rule?

A) Summary modes of enforcing civil rights.

B) All cases of private nuisance. (Private nuisance is a tort, not typically a strict liability crime).

C) Acts not criminal in sense but prohibited under penalty in public interest.

D) Public nuisance.

32 / 100

The right of an accused to transfer a case under Section 191 is available when cognizance is taken based on:

A) The Magistrate's own knowledge or information (clause c)

B) A police report

C) An Interpol notice

D) A formal complaint

33 / 100

An accomplice is a competent witness under Section _____ of the Bangladeshi Evidence Act.

A) 131

B) 133

C) 134

D) 132

34 / 100

Section 13 states that the time a defendant is absent from territories under whose administration is excluded?

A) Foreign powers

B) The Government

C) The British Crown

D) The UN

35 / 100

A builds a new house, B orally agrees to pay 120 Taka instead of 100. B sues on written contract. He cannot enforce it except:

A) At 100 Taka

B) At market rate

C) If A pays compensation

D) With the variations made by the subsequent oral contract

36 / 100

In deciding whether the document falls in the category of 'unpublished official record' the court-

A) either (a) or (b)

B) can compel the production of the document for inspection

C) has the jurisdiction to inspect the documents itself

D) is banned from inspecting the document

37 / 100

What certificate must accompany the authorization under Section 199B?

A) A certificate that leave of absence cannot be granted to the husband

B) A marriage certificate

C) A certificate of good conduct

D) A medical certificate

38 / 100

Under Order IX, Rule 13, against an ex parte decree, the defendant has the following remedies except:

A) An application under Order IX, Rule 13 to set it aside

B) Filing a fresh suit on the same cause of action to cancel the decree

C) A review application under Order XLVII, Rule 1

D) An appeal under Section 96(2)

39 / 100

Section 14(1) requires the prior proceeding to have been prosecuted due to a defect of jurisdiction or:

A) Other cause of a like nature

B) Witness absence

C) Lack of evidence

D) Fraud by the defendant

40 / 100

Under Section 10, does the exemption from limitation apply to "assigns for valuable consideration" of a trustee?

A) Yes

B) No, they are explicitly excluded

C) Only if the assignment was secret

D) Only for real estate

41 / 100

How many members are there in the Finance Committee?

A) 3 members

B) 7 members

C) 5 members

D) 9 members

42 / 100

What is the total number of members in the Enrollment Committee?

A) 3 members

B) 5 members

C) 9 members

D) 7 members

43 / 100

Privilege in respect of husband & wife under Section 122 of Evidence Act relates to question which a witness cannot be-

A) compelled to answer

B) permitted to answer

C) both (a) & (b)

D) none of the above

44 / 100

What suspends the running of time for recovering a debt according to the proviso of Section 9?

A) The creditor falling ill

B) Letters of administration to the estate of a creditor being granted to his debtor

C) The debtor leaving the country

D) A national emergency

45 / 100

The High Court Division decides the venue under Section 185 when:

A) The accused requests a transfer

B) A question/doubt arises as to which of two or more subordinate Courts ought to try an offence

C) The victim appeals

D) The police are corrupt

46 / 100

Under Section 26(d), a variation is required if the object of the parties was to produce a certain legal result, which the contract is:

A) Calculated to produce

B) Unregistered

C) Too long

D) Not calculated to produce

47 / 100

Which of the following is NOT a recognized test to determine if an act has reached the stage of an 'attempt'?

A) Proximity test.

B) Social danger test.

C) Locus standi test.

D) Impossibility test.

48 / 100

Actus reus means:

A) Physical act the law seeks to prevent.

B) External manifestation of will.

C) Bodily movements prohibited by law.

D) The act, omission, or other event indicated in the definition of the crime charged as being prescribed by criminal law.

49 / 100

A document containing a Communication from a husband to a wife or vice versa, in the hands of a third person-

A) is not admissible in evidence until consented to by the writer of the communication

B) none of the above

C) is admissible in evidence

D) is not admissible in evidence at all

50 / 100

Protection under Section 122 of the Evidence Act-

A) can be waived by the witness with the consent of husband or wife only

B) none of the above

C) can be waived by the witness without the consent of the husband or wife

D) cannot be waived by the witness under any circumstances

51 / 100

The exception provided in Section 178 allows the Government to:

A) Forgive the offender

B) Change the Penal Code

C) Direct cases to be tried in any sessions division

D) Abolish courts

52 / 100

(Illustration) Landlord A is an idiot. Dies 3 yrs later, idiocy continuing. Representative has 9 yrs under ordinary law. Does Sec 6 extend this?

A) No, it does not extend the time

B) The right is extinguished

C) Yes, adds 12 years

D) Yes, adds 3 years

53 / 100

Under Order XII, Rule 6, judgment on admissions can be passed:

A) Only upon application by the plaintiff

B) Upon application of any party or of the Court's own motion

C) Only upon application by the defendant

D) Only after evidence is closed

54 / 100

Under Order XXI, Rule 22, a notice to show cause against execution is mandatory if the execution is applied for:

A) More than two years after the date of the decree

B) All of the above

C) Against the legal representative of a party to the decree

D) Against the assignee of a receiver in insolvency

55 / 100

A right which has a co-relative duty and can be legally enforced is called:

A) An imperfect right.

B) A remedial right.

C) A perfect right. (The key says (a) Antecedent right, which relates to primary rights vs remedial rights).

D) A perfect right.

56 / 100

Under Section 11(2), what two conditions make a foreign rule of limitation a valid defense in Bangladesh?

A) Claim exceeds 10k Taka AND defendant is foreigner

B) Contract extinguished by rule AND parties domiciled there

C) Contract is written AND notarized

D) Plaintiff agrees AND court approves

57 / 100

Under Order XVII, Rule 1, what is the maximum number of times an adjournment can generally be granted to a party during the hearing of the suit (excluding exceptions like payment of cost)? (As per general CPC (English) amendments often adopted, though varies locally, typical rule restricts it)

A) Once only

B) Usually not more than three times (or as specified by local amendments to CPC (English))

C) No limit

D) Ten times

58 / 100

Under Order XI, Rule 15, every party to a suit shall be entitled at any time to give notice to any other party, in whose pleadings or affidavits reference is made to any document, to:

A) Give the original document permanently

B) Produce such document for the inspection of the party giving such notice

C) Publish the document online

D) Destroy the document

59 / 100

For protection under Section 124 of the Evidence Act, the communication is to be made to a public officer-

A) as an ordinary cause of his duties

B) in official confidence

C) none of the above

D) as a routine matter

60 / 100

Specific performance cannot be enforced in favour of a vendor who, previous to the contract, has made a:

A) Settlement of the subject-matter

B) Lease

C) Mortgage

D) Will

61 / 100

Under the illustrations of Section 179, if grievous hurt causes the victim to be unable to follow ordinary pursuits in multiple districts (X, Y, Z), the offence is triable in:

A) Only X

B) Only Y

C) Only Z

D) X, Y, or Z

62 / 100

Documents in respect of which privilege has been provided under Section 123 of the Evidence Act is-

A) a published official record

B) both (a) & (b)

C) none of the above

D) an unpublished official record

63 / 100

If a pleading contains unnecessary, scandalous, or frivolous matters, what action can the Court take?

A) Send the party to civil prison

B) Order a police investigation

C) Order such matter to be struck out or amended

D) Dismiss the suit entirely without a hearing

64 / 100

Under Order XVI, Rule 1A, subject to the provisions of sub-rule (3) of rule 1, any party to the suit may, without applying for summons under rule 1, bring any witness to give evidence or to produce documents:

A) At the appellate stage only

B) On the day fixed for the hearing of the suit

C) Only in criminal courts

D) Never

65 / 100

In which scenario is a court mandated to reject a plaint outright?

A) When the plaint does not disclose a cause of action

B) When the plaintiff's lawyer is absent

C) When the defendant fails to appear on the first day

D) When the plaint is poorly typed

66 / 100

The true nature of criminal liability implies:

A) Mens rea is always essential, no exceptions.

B) Punishment must be the true equivalent of sufferings.

C) It is less punitive and more compensative.

D) Criminal liability generally implies the existence of mens rea except where a contrary intention can be gathered from the Statute creating liability.

67 / 100

A contracts to let and B to take a house. B refuses. A gets compensation. Can A later obtain specific performance?

A) No

B) Only if small

C) Only if B changes mind

D) Yes

68 / 100

What is the total number of members in the Legal Education Committee?

A) 9 members

B) 7 members

C) 5 members

D) 11 members

69 / 100

Assertion (A): The Bangladesh Penal Code contains certain exceptions from criminal liability. Reason (R): There cannot be universal criminal liability in all circumstances.

A) Both A and R are true but R is NOT a correct explanation of A.

B) A is true but R is false.

C) A is false but R is true.

D) Both A and R are true and R is the correct explanation of A.

70 / 100

Which of the following acts is NOT a mistake of fact?

A) A constable wanting to settle scores mistakenly apprehends B instead of A. (The intent was malicious, not a bona fide mistake justifying the act).

B) Killing a son under a delusion he was a tiger. (Insanity, not mere mistake of fact).

C) Killing a person mistakenly believing he entered to kill the accused.

D) Mistaking a human for a wild animal at night and killing him.

71 / 100

"Actus non facit reum nisi mens sit rea" is a cardinal principle. Which statement correctly reflects it?

A) To constitute a crime there must be actus reus and mens rea.

B) Criminal liability always implies mens rea.

C) Mens rea is always essential, no crime without it.

D) Actus reus is not always necessary to constitute a crime (Conspiracy/Abetment sometimes require no physical act). (The key says (d), though (c) is the standard translation. Strict liability offences also negate (a) and (b)).

72 / 100

How is every civil suit formally instituted?

A) By issuing a legal notice to the opposite party

B) By making an oral complaint to the judge

C) By presenting a plaint to the Court or an appointed officer

D) By filing a first information report (FIR)

73 / 100

For the offence of kidnapping, trial is possible in the jurisdiction where the person was:

A) All of the above

B) Kidnapped

C) Concealed or detained

D) Conveyed

74 / 100

Under Order XV, Rule 4, where the Court is satisfied that the parties are at issue on some question of fact or of law, and the evidence has been taken, it may:

A) Frame new issues only

B) Pronounce judgment at once, if the evidence is sufficient

C) Send the case to a lower court

D) Adjourn for a year

75 / 100

Can a Magistrate take cognizance of an offence solely upon his own suspicion?

A) No, never

B) Only in murder cases

C) Only if the police confirm it

D) Yes, under Section 190(1)(c)

76 / 100

Which of the following is an illustration of Cheating?

A) Altering Date of Birth certificate for a job. (Forgery/Cheating).

B) Forging A's name on a cheque. (Forgery).

C) Forging a lost rent receipt so the landlord doesn't ask again. (Forgery).

D) A sells land to B, then subsequently sells the same land to C without disclosing the first sale, receiving money from C. (Cheating C).

77 / 100

Under Section 192, a Chief Judicial Magistrate may transfer a case for inquiry or trial to:

A) The Police Commissioner

B) Any Magistrate subordinate to him

C) A Military Tribunal

D) The High Court

78 / 100

(Illustration) Right to sue for hereditary office while insane. Recovers reason 6 yrs later. Ordinary law gives 6 yrs. Does Sec 6 extend this?

A) Time is halved

B) Yes, by 12 years

C) No extension of time will be given

D) Yes, by 3 years

79 / 100

Which of the following is an essential requirement for a plaint seeking the recovery of money?

A) Including a blank cheque as security

B) Stating the maximum jurisdiction of the court

C) Attaching the defendant's bank statement

D) Stating the precise amount claimed

80 / 100

If a plaintiff intentionally omits a portion of their claim in a suit, what is the legal consequence regarding the omitted portion?

A) The court will automatically add it to the decree

B) They can claim it during the appellate stage

C) They can file a new suit for it later

D) They are permanently barred from suing for the omitted portion afterwards

81 / 100

An offence committed by someone traveling on a train from Dhaka to Chittagong can be tried in:

A) Dhaka only

B) A special railway tribunal only

C) Chittagong only

D) Any court through whose jurisdiction the train passed

82 / 100

Does Section 14(2) apply to suits or applications?

A) Only suits

B) Only criminal cases

C) Any application

D) Only appeals

83 / 100

Legal advisor can disclose the communication after the relation with his client has ended

A) partly true

B) False

C) none of the above

D) True

84 / 100

Specific performance may be enforced against promoters of a public company if the company ratified it and:

A) It is profitable

B) Promoters employed

C) It is warranted by the terms of the incorporation

D) Government approves

85 / 100

The essential ingredients of a crime generally are:

A) None of the above.

B) Actus reus and mens rea.

C) Motive, intention and knowledge.

D) Motive, mens rea and actus reus. (Actually, just Mens Rea and Actus Reus are the core. The key says (a)).

86 / 100

Which is an INCORRECT illustration of Criminal Breach of Trust?

A) A leaves his trunk at B's house. B refuses to return it until A pays a debt owed to B. (This is retaining as a lien/security, not necessarily dishonest misappropriation).

B) An inspector permits his tenant to use water without paying tax, defrauding his employer.

C) A printer uses blocks entrusted to him to print a rival's catalogue.

D) An employee adulterates liquor to steal some for himself.

87 / 100

Section 124 of the Evidence Act provides for privileged in respect of-

A) communications as to information of commission of offence

B) none of the above

C) professional communications

D) official communications

88 / 100

Extradition Act, 1974 is mentioned in Section 188 as a bar to further proceedings if:

A) The victim forgives the accused

B) Proceedings were already taken in Bangladesh

C) The person is a foreigner

D) The crime is non-bailable

89 / 100

Which of the following is an illustration of criminal misappropriation?

A) A mail sorter secretes letters to steal the money. (Theft/CBT).

B) A shows his ticket to B. B takes it and gives A a shorter journey ticket, retaining A's for himself.

C) A found a gold coin and sold it next day without trying to find the owner. (This is also Misappropriation, but the key selects (a) as the primary answer).

D) A takes meals in a hotel and leaves without paying due to forgetfulness. (No mens rea).

90 / 100

Which of the following is NOT an example of strict liability at common law?

A) Contempt of Court.

B) Private libel.

C) Public as well as private nuisance. (Private nuisance is a civil tort, not a strict liability crime).

D) Public nuisance.

91 / 100

The protection under Section 126 of the Evidence Act extends to-

A) any fact observed showing the communication of any offence or fraud committed since commencement of employment

B) none of the above

C) both (a) & (b)

D) communication made in furtherance of any illegal design

92 / 100

Under Section 8, does Section 6 or 7 apply to suits to enforce rights of pre-emption?

A) Only for family property

B) Only in rural areas

C) Yes

D) No, it is a special exception

93 / 100

How many members are co-opted into the Legal Education Committee outside of elected members?

A) 5 members

B) 2 members

C) 4 members

D) 3 members

94 / 100

Testimony of an accomplice before it is accepted and acted upon-

A) need not be corroborated at all

B) must be corroborated from the testimony of another accomplice

C) either (a) or (c)

D) must be corroborated from an independent source

95 / 100

Under Order XIV, Rule 1, issues arise when a material proposition of fact or law is:

A) Ignored by both parties

B) Admitted by both parties

C) Not mentioned in the pleadings

D) Affirmed by the one party and denied by the other

96 / 100

A husband or wife are permitted to disclose any communication between them during marriage in-

A) all the above

B) criminal proceedings between the parties

C) civil proceedings between the parties

D) matrimonial proceedings between the parties

97 / 100

What does the term "pleading" strictly mean in civil procedure?

A) Plaint or written statement

B) Documentary evidence submitted in court

C) The final judgment of the court

D) Arguments made verbally by the lawyer

98 / 100

A recognized agent under the Civil Procedure Code, who can make appearances and applications on behalf of a party, includes a person holding:

A) A Power of Attorney

B) A verbal authorization from the plaintiff

C) A valid national identity card

D) A simple letter of recommendation

99 / 100

When numerous persons have the same interest in one suit, one person may sue on behalf of all with the permission of:

A) The Defendant

B) The Attorney General

C) The Government

D) The Court

100 / 100

The general rule for the place of inquiry or trial (Section 177) is based on:

A) The residence of the victim

B) The location of the nearest police station

C) The location where the offence was committed

D) The residence of the accused

The average score is 0%

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Bar Council Full Model Test 33 English | 100 Marks 60 Min