Bar Council Full Model Test 05 English

Bar Council Full Model Test 05 (English)

Bangladesh Bar Council Preliminary Full Model Test 05

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

A person arrested has the right to consult a lawyer of his choice preferably within:

A) 3 days

B) 12 hours

C) 6 hours

D) 24 hours

2 / 100

In computing the limitation for an appeal, which day is excluded according to Section 12(2)?

A) The day the court reopened

B) The day the defendant appeared

C) The day on which the judgment complained of was pronounced

D) The day the plaint was filed

3 / 100

Section 27 of Evidence Act applies

A) when the person is in police custody but not an accused

B) when the person is neither in police custody nor an accused

C) when the person giving information is an accused and is in police custody

D) when the person giving information is an accused but not in police custody

4 / 100

Under Section 11(2), can a foreign rule of limitation be a defense to a suit in Bangladesh?

A) Always

B) Never

C) Yes, if it extinguished the contract and parties were domiciled there during the prescribed period

D) Only if the defendant requests it

5 / 100

Whenever it is necessary to cause a woman to be searched, the search shall be made by:

A) Another woman, with strict regard to decency

B) The arresting officer

C) A Magistrate

D) A medical officer

6 / 100

If a person sought to be arrested has entered a place, the person residing there must:

A) Demand a warrant from the High Court

B) Hide the person

C) Allow the police-officer free ingress and afford reasonable facilities for a search

D) Refuse entry

7 / 100

Section 105 states that any error in an interlocutory order affecting the decision of the case:

A) Makes the final decree void

B) May be set forth as a ground of objection in the memorandum of appeal against the decree

C) Must be appealed within 30 days

D) Can never be appealed

8 / 100

The right of private defence is NOT available:

A) To the person attacked

B) To the aggressor

C) To a public servant

D) None of the above

9 / 100

Temporary injunctions are regulated by:

A) The Penal Code

B) The Specific Relief Act

C) The Code of Civil Procedure

D) The Contract Act

10 / 100

Section 113 deals with:

A) Restitution

B) Review

C) Revision

D) Reference to the High Court Division

11 / 100

Can a police-officer cause the death of a person resisting arrest?

A) No, never

B) Only if the police-officer is injured

C) Yes, in all cases

D) Only if the person is accused of an offence punishable with death or transportation for life

12 / 100

“Necessity rule’ as to the admissibility of evidence is contained in

A) section 32 of Evidence Act

B) section 60 of Evidence Act

C) section 61 of Evidence Act

D) section 31 of Evidence Act

13 / 100

Does Section 10 apply to managers of Hindu, Muslim, or Buddhist religious or charitable endowments?

A) Only to Muslim endowments

B) Yes, they are deemed to be trustees thereof

C) Only to Hindu endowments

D) No

14 / 100

The person arrested shall not be subjected to more restraint than is:

A) Ordered by the complainant

B) Maximum possible

C) Physically possible

D) Necessary to prevent his escape

15 / 100

Which of the following statements is correct regarding inevitable accident?

A) It is both a defence and a denial of liability

B) It is not a denial of liability but only a defence

C) It is neither

D) It is not a defence but a denial of liability

16 / 100

Under Section 115(2), which Court can call for the record of an order passed by a Joint District Judge from which no appeal lies?

A) The Appellate Division

B) The High Court Division

C) The Court of District Judge

D) The Supreme Court

17 / 100

Who acts as the Chairman of the Tribunal?

A) Attorney General

B) Senior-most member among them

C) Chairman of Bar Council

D) Appellate Division Judge

18 / 100

Who has the power to annul, alter, or add to the rules in the First Schedule (Section 122)?

A) The Supreme Court

B) The Ministry of Law

C) The Parliament

D) The President

19 / 100

Which of the following is an INCORRECT requirement for the defence of mistake of fact under Section 76?

A) The belief must be in good faith

B) The act must be done by a person believing himself bound by law

C) The belief must be by reason of a mistake of fact

D) The mistake may either relate to a fact or to law

20 / 100

A declaration made under Chapter VI is binding on:

A) The whole world

B) Only the defendant

C) The government

D) Only the parties to the suit, persons claiming through them, and trustees

21 / 100

Every police-officer arresting any person without warrant shall, at the time of making the arrest:

A) Wait 24 hours to explain the reason

B) Handcuff them immediately without speaking

C) Take them directly to prison

D) Communicate to him the reasons for which he is arrested

22 / 100

The extent to which the right of private defence of body causing death can be exercised is laid down in:

A) Section 95

B) Section 99

C) Section 101

D) Section 100

23 / 100

The Rule Committee constituted under Section 123 must include:

A) 3 Judges of the Supreme Court, 2 Advocates, 1 Subordinate Court Judge

B) Only Members of Parliament

C) 5 Supreme Court Judges

D) 3 Advocates, 1 District Judge, 1 Magistrate

24 / 100

Which of the following is NOT a power of the Appellate Court under Section 107?

A) To arrest the defendant immediately

B) To take additional evidence

C) To remand a case

D) To determine a case finally

25 / 100

The memorandum of arrest must be attested by at least:

A) Two police officers

B) Three local politicians

C) A Magistrate

D) One witness (a family member or respectable inhabitant)

26 / 100

According to Sec. 79, nothing is an offence which is done by any person who is justified by law and who by reason of mistake of fact in good faith believes himself to be:

A) Right in doing it

B) Justified by law in doing it

C) Bound by law in doing it

D) None of the above

27 / 100

Can a police officer arrest a proclaimed offender without a warrant?

A) Yes

B) Only with a Magistrate's permission

C) Only during the day

D) No

28 / 100

Which of the following is not given by section 25 of Evidence Act

A) confession made to a member of Railway Protection Force

B) confessions made to custom officers

C) confession made to an officer under FERA

D) all the above

29 / 100

Information regarding arrested persons must be prominently displayed (preferably in digital form) at every police station by an officer not below the rank of:

A) Constable

B) Assistant Sub-Inspector of Police

C) Inspector

D) Superintendent

30 / 100

A confession made by a person while in police custody is inadmissible as per

A) section 25 of Evidence Act

B) section 27 of Evidence Act

C) section 26 of Evidence Act

D) section 30 of Evidence Act

31 / 100

Section 27 applies to

A) discovery of some fact which the police had previously learnt from other sources and the accused has also given information regarding the same

B) all the above

C) discovery of some fact which the police had previously learnt from other sources

D) discovery of some fact which the police had not previously learnt from other sources and was first derived from the information given by the accused

32 / 100

Is a suit against an express trustee for following trust property barred by any length of time?

A) No, it shall not be barred by any length of time

B) Yes, after 30 years

C) Yes, after 12 years

D) Yes, after 3 years

33 / 100

Before entering an apartment in the actual occupancy of a woman (not the person to be arrested) who does not appear in public, the police-officer must:

A) Break the door immediately

B) Give notice to the woman that she is at liberty to withdraw and afford her facility to do so

C) Arrest the woman as well

D) Send another woman to arrest her

34 / 100

A section 27 control

A) section 25 of Evidence Act

B) all the above

C) section 26 of Evidence Act

D) section 24 of Evidence Act

35 / 100

Preventive relief is granted at the discretion of the Court by:

A) Canceling instruments

B) Appointing receivers

C) Awarding damages

D) Injunction, temporary or perpetual

36 / 100

Under Section 103, the right of private defence of property extends to causing death in the case of:

A) Robbery, house-breaking by night, mischief by fire

B) Forgery

C) Cheating

D) Criminal misappropriation

37 / 100

A, an officer, is ordered to arrest B. Believing Z to be B after reasonable inquiry, he arrests Z.

A) A committed an offence of wrongful confinement

B) A is liable for assault

C) A committed no offence by reason of mistake of fact in good faith

D) A committed illegal arrest

38 / 100

Any private person may arrest any person who, in his view, commits a:

A) Traffic violation

B) Bailable offence

C) Non-bailable and cognizable offence

D) Non-cognizable offence

39 / 100

Section 132 exempts from personal appearance in Court:

A) All women

B) Women who, according to customs, ought not to appear in public

C) Government employees

D) Men above 70 years

40 / 100

Appeals from Orders are specified in:

A) Section 115

B) Section 96

C) Section 109

D) Section 104

41 / 100

An application to the High Court Division for revision of a revisional order made by the District Judge requires (Section 115(4)):

A) A minimum property value of 50,000 Taka

B) A deposit of 10,000 Taka

C) Leave granted by the HCD on an error of an important question of law

D) The consent of the Attorney General

42 / 100

The right of private defence of the body extending to causing death is dealt with under:

A) Section 103

B) Section 100

C) Section 101

D) Section 102

43 / 100

Under section 27 of Evidence Act, ‘discovery of fact’ includes

A) the place from where it is produced

B) both (a) & (b)

C) the object found

D) neither (a) nor (b)

44 / 100

Section 82 of the Penal Code (acts of a child under 9) enunciates:

A) A presumption of facts

B) None of the above

C) A conclusive or irrebuttable presumption of law

D) A rebuttable presumption of law

45 / 100

A confession to be inadmissible under section 25 of Evidence Act

A) only (a) is correct and (b) is incorrect

B) may relate to the same crime or another crime

C) must relate to another crime

D) must relate to the same crime for which he is charged

46 / 100

If an instrument has been registered and is later ordered to be cancelled, the Court shall send a copy of its decree to:

A) The Ministry of Law

B) The Supreme Court

C) The local police station

D) The officer in whose office the instrument has been so registered

47 / 100

Is the time requisite for obtaining a copy of the decree appealed from excluded?

A) Only in criminal cases

B) No

C) Yes

D) Only if the judge permits

48 / 100

A police-officer shall not detain a person arrested without a warrant for a longer period than:

A) 24 hours (exclusive of the time necessary for the journey to the Magistrate's Court)

B) 12 hours

C) 72 hours

D) 48 hours

49 / 100

Section 54 allows any police-officer to arrest without a warrant a person who:

A) Has a civil debt

B) Has not paid their taxes

C) Commits a cognizable offence in their presence

D) Is accused of a non-cognizable offence

50 / 100

Under Section 13, whose absence from Bangladesh is excluded from the computation of time?

A) The Defendant's

B) The Plaintiff's

C) The Witnesses'

D) The Judge's

51 / 100

If ingress to a house cannot be obtained, a police-officer may:

A) Abandon the arrest

B) Break open any outer or inner door or window to effect an entrance

C) Wait outside indefinitely

D) Set the house on fire

52 / 100

Facts discovered in consequences of a joint information

A) both (a) & (c) are correct

B) are admissible and can be used against any one of the accused person

C) are not admissible and cannot be used against any of the accused person

D) are admissible and can be used against all the accused persons

53 / 100

A soldier fires on a mob by the order of his superior officer, in conformity with the commands of the law. Is A protected?

A) Yes, because he was bound by law to obey

B) Yes, under Section 76

C) Both b and c

D) No, he is guilty of murder

54 / 100

Who investigates and tries allegations of professional misconduct against advocates?

A) Enrollment Committee

B) Executive Committee

C) Bar Council Tribunal

D) Supreme Court

55 / 100

A chains his brother, who suffers from violent insanity, for three months in an unnecessarily cruel manner instead of seeking available medical help. A's liability:

A) He acted in good faith because there was no mens rea

B) He did not act in good faith as he failed to exercise due care and attention

C) He acted in good faith for his brother's benefit

D) He acted in good faith as a reasonable man

56 / 100

The appointment of a receiver pending a suit (Section 44) is:

A) Decided by the defendant

B) Decided by the plaintiff

C) A matter resting in the discretion of the Court

D) Mandatory in all cases

57 / 100

In the Penal Code, 'Good faith' means an act done:

A) With due care and attention

B) With an actual belief that it is lawful

C) Without malice

D) Honestly, whether negligently or not

58 / 100

Does an appeal lie from an order passed in appeal (Section 104)?

A) Only to the Appellate Division

B) Yes, always

C) Yes, if the amount exceeds 20,000 Taka

D) No

59 / 100

Does Part IX (Sections 116-120) apply to all Civil Courts?

A) No, it applies only to the High Court Division

B) Only to Small Cause Courts

C) Only to District Courts

D) Yes

60 / 100

The right of private defence is declared in:

A) Section 96

B) Section 95

C) Section 97

D) Section 94

61 / 100

According to Section 11(1), suits instituted in Bangladesh on foreign contracts are subject to:

A) International law

B) The rules of limitation contained in the Bangladesh Limitation Act

C) No limitation rules

D) The rules of the foreign country

62 / 100

Declaratory Decrees are discussed in which Chapter?

A) Chapter VI

B) Chapter IV

C) Chapter V

D) Chapter VII

63 / 100

Section 84 of the Penal Code provides for:

A) All of the above

B) Moral insanity

C) Legal insanity

D) Medical insanity

64 / 100

Under Section 109, an appeal shall lie to the Appellate Division from any Judgment, decree or final order if the High Court Division certifies that:

A) The case involves a foreign national

B) The property is outside Bangladesh

C) A public officer is involved

D) The case is a fit one for appeal

65 / 100

Where an appeal is heard by a Bench of two Judges who differ on a point of law, what happens (Section 98)?

A) They may state the point of law, and it shall be heard by one or more of the other Judges

B) The appeal is dismissed

C) It goes directly to the Appellate Division

D) The lower court's decree is automatically reversed

66 / 100

Under Section 76, nothing is an offence which is done by a person who, by reason of:

A) Mistake of law, believes himself bound by law

B) Mistake of fact, believes himself right

C) Mistake of fact, in good faith believes himself to be bound by law to do it

D) Mistake of law in good faith

67 / 100

According to Section 46A, a police-officer making an arrest must:

A) Confiscate all property of the accused

B) Wear plain clothes

C) Bear an accurate, visible, and clear identification of his name

D) Refuse to show ID

68 / 100

If a party aggrieved by a preliminary decree does not appeal from it, can they dispute its correctness in an appeal from the final decree (Section 97)?

A) Yes, anytime

B) Yes, if the High Court allows

C) No, they shall be precluded from disputing it

D) Yes, if it involves an error of law

69 / 100

Revision of a decree or order under Section 115 is based on the ground of:

A) Dissatisfaction of the plaintiff

B) Error of law resulting in an error in the decree/order occasioning failure of justice

C) Finding of new evidence

D) Delay in court proceedings

70 / 100

Rules made under the Rule Committee and Supreme Court are subject to the previous approval of (Section 126):

A) The President

B) The Prime Minister

C) The Attorney General

D) The Parliament

71 / 100

Out of the 3 members of the Tribunal, how many must be elected members of the Bar Council?

A) No obligation

B) 3 members

C) 1 member

D) 2 members

72 / 100

Does the exemption under Section 132 exempt such women from arrest in execution of civil process?

A) Only if they are pregnant

B) Only interpleader suits

C) Yes, absolutely

D) No, unless arrest is specifically prohibited by the Code (like Section 56 for money decrees)

73 / 100

In computing the period of limitation, the day from which such period is to be reckoned shall be:

A) Included

B) Left to the judge's discretion

C) Counted as half a day

D) Excluded

74 / 100

Under Section 12(4), for an application to set aside an award, what time is excluded?

A) Time requisite for obtaining a copy of the award

B) No time is excluded

C) Time spent in mediation

D) 30 days flat

75 / 100

Confession of a co-accused, not required to be on oath and cannot be tested by cross-examination... (full)

A) only I & III are correct

B) all I, II & III are correct

C) only I & II are correct

D) only II & III are correct

76 / 100

Under section 27 of Evidence Act

A) the whole statement is admissible

B) only that portion which distinctly relates to the discovery is admissible

C) both are admissible depending on the facts & circumstances of the case

D) only (a) & not (b)

77 / 100

A retracted confession

A) both (a) & (c) are incorrect

B) cannot be made solely the basis of conviction under any circumstances

C) cannot be made solely the basis of conviction unless the same is corroborated

D) can be made solely the basis of conviction

78 / 100

Section 14 provides for the exclusion of time of a proceeding prosecuted bona fide in a Court:

A) With proper jurisdiction

B) Without jurisdiction

C) In a foreign country

D) During holidays

79 / 100

Confession of an accused is admissible against the other co-accused

A) under section 31 of Evidence Act

B) under section 28 of Evidence Act

C) under section 30 of Evidence Act

D) under section 29 of Evidence Act

80 / 100

Confession of one accused is admissible against co-accused

A) if they are tried for the same offences but not jointly

B) if they are tried for different offences and not jointly

C) if they are tried jointly for different offences

D) if they are tried jointly for the same offences

81 / 100

The right to private defence is available:

A) Under all circumstances

B) None of the above

C) Where there is no time to have recourse to the protection of public authorities

D) Where there is time to have recourse to public authorities

82 / 100

Where can an appeal be filed against an order of the Tribunal?

A) Appellate Division

B) High Court Division

C) District Court

D) Ministry of Law

83 / 100

A Court shall not make a declaration of status or right if the plaintiff:

A) Is a foreigner

B) Has a criminal record

C) Is poor

D) Omits to seek further relief that they are able to seek

84 / 100

A confession made while in police custody is admissible under section 26 of Evidence Act

A) if made in the presence of a Magistrate

B) all the above

C) if made in the presence of a captain of a vessel

D) if made in the presence of a doctor

85 / 100

Information about an arrest made from a place other than the accused's residence must be given to a family member or friend no later than:

A) 48 hours

B) 6 hours

C) 12 hours

D) 24 hours

86 / 100

A police-officer may arrest without a warrant any person having in his possession without lawful excuse any implement of:

A) Cooking

B) House breaking

C) Farming

D) Carpentry

87 / 100

An application for Review of Judgment (Section 114) lies when:

A) All of the above

B) No appeal is allowed by the Code

C) An appeal is allowed but no appeal has been preferred

D) A decision on a reference from a Court of Small Causes has been made

88 / 100

Mandatory injunctions under Section 55 are granted to:

A) Arrest a defendant

B) Prevent all forms of communication

C) Compel the performance of certain requisite acts to prevent a breach

D) Increase property value

89 / 100

A attacked B with a sword, who was behind a bush, believing B to be a tiger. What is A's liability?

A) A is entitled to get benefit under Sec. 79

B) A is entitled to get benefit under Sec. 76

C) A is not entitled to get any benefit

D) A is entitled to get benefit under Sec. 76 and 79 both

90 / 100

According to Section 121, the rules in the First Schedule shall have effect as if:

A) They are unconstitutional

B) They are enacted in the body of this Code

C) They are mere guidelines

D) They are applicable only in Dhaka

91 / 100

If an arrested person bears any mark of injury, they must be examined and provided first aid by a:

A) Local pharmacist

B) Senior police officer

C) The arresting officer

D) Medical officer of a Government hospital or registered medical practitioner

92 / 100

In making an arrest, the police-officer or other person making the same shall:

A) Send a notice by post

B) Actually touch or confine the body of the person to be arrested

C) Announce it on a loudspeaker and leave

D) Shoot the person immediately

93 / 100

Which of the following statements is correct?

A) Mistake of law in a criminal case may be a good defence

B) None of the above

C) Mistake of fact in a criminal case is not a good defence

D) Mistake of law in a criminal case is not a defence

94 / 100

How many members are there in a Bar Council Tribunal?

A) 5 members

B) 3 members

C) 2 members

D) 7 members

95 / 100

Offensive weapons taken from an arrested person shall be delivered to:

A) The Court or officer before which/whom the person is produced

B) The local UP Chairman

C) Sold in auction immediately

D) The arresting officer's home

96 / 100

According to Section 56, an injunction cannot be granted to stay proceedings in a Court:

A) When the plaintiff requests it

B) In any civil matter

C) That is subordinate to the Court granting the injunction

D) Not subordinate to that from which the injunction is sought

97 / 100

A perpetual injunction can only be granted by:

A) The decree made at the hearing and upon the merits of the suit

B) An arbitration panel

C) An interim order

D) A police officer

98 / 100

According to Section 99, no decree shall be reversed or remanded on account of:

A) Any error or irregularity NOT affecting the merits of the case or the jurisdiction of the Court

B) Lack of pecuniary jurisdiction

C) Lack of territorial jurisdiction

D) Fraud by the plaintiff

99 / 100

X, in a state of voluntary intoxication, kills Z. The prosecution fails to establish that X formed the specific intention of a sober man. X is guilty of:

A) Culpable homicide not amounting to murder

B) Murder

C) No offence

D) Death by negligent act

100 / 100

The defence of consent applies to:

A) Neither

B) Private wrongs

C) Both

D) Public wrongs

The average score is 0%

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Bar Council Full Model Test 05 English | 100 Marks 60 Min