Law CSS Paper II 2001

FEDERAL PUBLIC SERVICE COMMISSION
COMPETITIVE EXAMINATION FOR RECRUITMENT TO POSTS
IN BPS – 17 UNDER THE FEDERAL GOVERNMENT, 2001.

LAW, PAPER – II

TIME ALLOWED: THREE HOURS MAXIMUM MARKS:100

NOTE: Attempt SIX questions in all, including question No. 10 which is COMPULSORY and carries 20 marks. All other questions carry EQUAL marks i.e. 16 each. Attempt at least one question from each of the parts.

PART – “A” (PAKISTAN PENAL CODE)

  1. When a person is accused of an offence the ‘burden of proof is on the prosecution’. What are the exceptions to this rule?

  2. When does culpable homicide not amount to murder?

  3. What do you understand by the term “mens rea”? is it necessary element in criminal liability? How far is the principle of “mens rea” recognized in the Pakistan Penal Code?

PART – “B” (CRIMINAL PROCEDURE CODE)

  1. (a) Define offence.
    (b) Distinguish between:
    (i) Bailable and non-bailable offence
    (ii) Cognizable and non-cognizable cases

  2. How long can a police officer keep an offender in custody by his own power and with the order of a Magistrate?

  3. What preventive measures can a Magistrate take when a dispute concerning an immovable property is likely to cause breach of peace?

PART – “C” (QANOON-E-SHAHADAT)

  1. Define and explain the following:
    (a) Original and Hearsay evidence (b) Primary and Secondary evidence (c) Oral and Documentary evidence

  2. What is meant by “character”? Discuss the admissibility and relevancy of “character” in criminal proceedings in Pakistan.

  3. What do you understand by “Hostile Witness”? What is the advantage by the party by declaring its Witness hostile?

COMPULSORY QUESTION

  1. Write only the correct answer in the Answer Book. Do not reproduce the questions.

(1)An offender cannot, under any circumstances be kept in solitary confinement for more than:
(a) Three months (b) Six months (c) 12 months (d) None of these

(2) What is the maximum duration of sentence of imprisonment in default of Payment of fine of Rs. 5000 for offences punishable with fine only:
(a) Three months (b) Six months (c) 12 months (d) None of these

(3) Name the offence the commission of which is not punishable under Pakistan Penal Code, but the attempt to commit is punishable.

(4)Fabricating false evidence and intentionally giving false evidence in any stage of judicial proceeding or for the purpose of being used in any stage of judicial proceeding are:
(a) Synonymous (b) Different

(5) Is giving a female in marriage a valid badl-i-sulh (qisas)? [Yes/No]

(6) Violation of an order by a Magistrate to a certain person to pay a certain amount of money for maintenance of his wife and children is punishable under the law. [True/False]

(7) As a general rule, no complaint is required to be made in a cognizable case. [True/False]

(8) Under no circumstances, a police officer can arrest a person without a warrant of arrest issued by a Magistrate. [True/False]

(9) A person alleged to have committed “forgery” can be arrested by a police officer without a warrant of arrest. [True/False]

(10) Qatl-i-amd is a compoundable offence. [True/False]

(11) When an offender is absconding, the Court can record evidence in his absence. [True/False]

(12) A magistrate having passed an order of discharge cannot subsequently take fresh proceedings against the accused in respect of the same offense. [True/False]

(13) “Conclusive Proof” is a fact which can be rebutted by the either party by producing strong evidence to contradict it. [True/False]

(14) All confessions are admissions but al admissions are not confessions. [True/False]

(15) Two witnesses are required to prove a fact in a case. [True/False]

(16) Admissions are made in criminal cases while confessions are made in civil cases only. [True/False]

(17) An approver is an accomplice in a case. [True/False]

(18) A witness can be excused from answering a question on the ground that his answer to the question will incriminate him. [True/False]

(19) A conviction can be based on the statement of the co-accused. [True/False]

(20) The opinion of expert is not binding upon the judge. [True/False]

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