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Daily Prelims Test – 21_July

1. Consider the following statements regarding Plea Bargaining

1.The plea bargaining process in India can be initiated only by the accused person

2.At present, the concept of plea bargaining is not mentioned in the Indian Criminal Justice System.

Which of the statement(s) given above is/are correct?

  1. 1 only
  2. 2 only
  3. Both 1 and 2
  4. Neither 1 nor 2

Answer: (a) 1 only

Explanation:

In NEWS: Tablighi Jamaat: Delhi Court allows 121 foreigners from 2 countries to walk free on payment of fine

  • A Delhi court Monday allowed 121 people from Kyrgyzstan and Bangladesh to walk free on payment of Rs 5,000 each, after they accepted mild charges under the plea bargain process, related to various violations including visa norms while attending Tablighi Jamaat event here during the COVID-19 lockdown.

About Plea Bargaining

  • Plea bargaining refers to a person charged with a criminal offence negotiating with the prosecution for a lesser punishment than what is provided in law by pleading guilty to a less serious offence.
  • It primarily involves pre-trial negotiations between the accused and the prosecutor. It may involve bargaining on the quantum of sentence.
  • The 154th Report of the Law Commission was first to recommend the ‘plea bargaining’ in Indian Criminal Justice System.Plea bargaining was introduced in 2006 as part of a set of amendments to the Criminal Procedure Code(CrPC) as Chapter XXI-A, containing Sections 265A to 265L. Hence statement 2 is incorrect
  • The plea bargaining process in India can be initiated only by the accused and the accused will have to apply to the court for invoking the benefit of bargaining. Hence statement 1 is correct

Type of Plea Bargaining case is allowed:

  • The offence is not committed against a woman or a child below the age of 14.
  • Someone who has been chargesheeted for an offence that does not attract the death sentence, life sentence or a prison term above seven years.
  • The offence does not have an impact on the socio-economic condition of the country.

Source: https://www.thehindu.com/news/national/tablighi-jamaat-delhi-court-allows-121-foreigners-from-2-countries-to-walk-free-on-payment-of-fine/article32139016.ece

2. Maru Ram vs Union of India and Others 1980 court judgement is associated with

1.Right to Privacy

2.Judicial Activism

3.OBC Reservation

4.Pardoning Power

Answer: (d) Pardoning Power

Explanation:

In NEWS: SC refers to larger bench issue of grant of remission to convicts by states

  • A five-judge bench of the Supreme Court Friday asked Chief Justice S A Bobde to refer the question to a larger bench, noting that the law in vogue on the issue is a 1980 judgment by another five-judge bench of the court in the case of Maru Ram vs Union of India and Others.
  • The legal question had arisen in the context of the bail plea of a murder case convict, one Pyare Lal.
  • He had been released from jail after being granted the benefit of remission by the Haryana Governor as per a policy of the state government.

According to the Haryana government policy, instituted in 2019,

  • Male prisoners, convicted for life in a murder case, would get remission if they are above 75 years and had completed 8 years of the sentence.
  • Female convicts who have been sentenced for life in a murder case and are 65 years of age and completed six years of sentence can get remission.
  • Above condition apply only if the conduct of the convict in jail was satisfactory, in that the convict had not committed any major jail offence in the last two years.

About Maru Ram vs Union of India 1980

  • Maru Ram ruling says that “no separate order for each individual case would be necessary but a general order must be clear enough to identify the group of cases and indicate the application of mind to the whole group”.
  • However, the court said that “decisions of this Court rendered since Maru Ram case, do show that the relevant material must be placed before the Governor in order to enable him to exercise the power under Article 161and failure on that count could result in quashing of the concerned orders of remission.” Hence option (d) is correct

Source: https://indianexpress.com/article/india/sc-refers-to-larger-bench-issue-of-grant-of-remission-to-convicts-by-states-6511323/

3. Consider the following statements

1.The law governing grant of pardon is contained in Articles 72 and 161 of the Indian Constitution

2.The pardoning power of President is wider than the governor

3.The pardon power of remission means to reduce the punishment without changing the nature of the punishment

Which of the statement(s) given above is/are correct?

  1. 1 and 2 only
  2. 2 and 3 only
  3. 2 only
  4. 1,2 and 3

Answer: (d) 1,2 and 3

Explanation:

In NEWS: SC refers to larger bench issue of grant of remission to convicts by states

  • A five-judge bench of the Supreme Court asked Chief Justice to refer the question “Can convicts serving 14-year jail sentences be released prematurely on the basis of a common policy framed by a state and without facts being placed before the Governor, who has the power to pardon” to a larger bench.

About Pardoning power:

The law governing grant of pardon is contained in Articles 72 and 161 of the Indian Constitution. Hence statement 1 is correct

Article 72 of the Constitution empowers the President to grant pardons to persons who have been tried and convicted of any offence in all cases where the:

  • Punishment or sentence is for an offence against a Union Law;
  • Punishment or sentence is by a court martial (military court);
  • Sentence is a sentence of death.
  • Under Article 161 of the Constitution, the governor of a state also possesses the pardoning

power. But, the pardoning power of the governor differs from that of the President in

following two respects: Hence statement 2 is correct

  • The President can pardon sentences inflicted by court martial (military courts) while the governor cannot.
  • The President can pardon death sentence while governor cannot

Type of pardon:

  • Pardon: The president can totally absolve/acquit the person for the offence and let him go free like a normal citizen.
  • Commute: To reduce the type of punishment into a less harsh one. For example Rigorous imprisonment to simple imprisonment.
  • Remission: To reduce the punishment without changing the nature of the punishment. For example 20 years rigorous imprisonment to 10 years rigorous imprisonment. Hence statement 3 is correct
  • Reprieve: A delay is allowed in the execution of a sentence, usually a death sentence for a guilty person to prove his innocence.
  • Respite: Reduce the degree of punishment looking at specific grounds like pregnancy, old age etc.

Source: https://indianexpress.com/article/india/sc-refers-to-larger-bench-issue-of-grant-of-remission-to-convicts-by-states-6511323/

4. Consider the following statements

1.Potentially Hazardous Asteroids are currently defined based on parameters that measure the asteroid’s potential to make threatening close approaches to the Earth.

2.An asteroid with a minimum orbit intersection distance (MOID) of 0.05 au or less are considered as a Potentially Hazardous Asteroids

Which of the statement(s) given above is/are correct?

  1. 1 only
  2. 2 only
  3. Both 1 and 2
  4. Neither 1 nor 2

Answer: (c) Both 1 and 2

Explanation:

In NEWS: Explained: Why Asteroid 2020 ND is termed potentially dangerous to earth

  • NASA has issued a warning that a huge “Asteroid 2020 ND” will move past Earth on July 24. The asteroid, about 170 metres-long, will be as close as 0.034 astronomical units (5,086,328 kilometres) to our planet, and is travelling at a speed of 48,000 kilometres per hour.
  • Its distance from Earth has placed it in the “potentially dangerous” category.

About Potentially Hazardous Asteroids (PHAs)

  • According to NASA, “Potentially Hazardous Asteroids (PHAs) are currently defined based on parameters that measure the asteroid’s potential to make threatening close approaches to the Earth. Hence statement 1 is correct
  • Specifically, all asteroids with a minimum orbit intersection distance (MOID) of 0.05 au or less are considered PHAs. Hence statement 2 is correct
  • NASA classifies objects like these as ‘near-Earth objects’ (NEOs) as they get nudged by other planets’ gravitational attraction resulting in their proximity to our solar system.
  • NASA classifies objects like these as near-Earth objects (NEOs) as they get nudged by other planets’ gravitational attraction resulting in their proximity to our solar system.
  • However, it is not necessary that asteroids classified as PHAs will impact the Earth. It only means there is a possibility for such a threat.
  • By monitoring these PHAs and updating their orbits will help to better predict the close-approach statistics and thus their Earth-impact threat.

Source: https://indianexpress.com/article/explained/explained-nasa-asteroid-2020-potentially-dangerous-to-earth-6515170/

5. Consider the following statements regarding the Consumer Protection Act, 2019

1.The act has the provision of the establishment of the CCPA which will protect, promote and enforce the rights of consumers.

2.The rules for prevention of unfair trade practice by e-commerce platforms will also be covered under this Act

Which of the statement(s) given above is/are correct?

  1. 1 only
  2. 2 only
  3. Both 1 and 2
  4. Neither 1 nor 2

Answer: (c) Both 1 and 2

Explanation:

In NEWS: New Consumer Protection Act gives more power to consumers, experts say

  • The new Act broadens the definition of consumer, by recognising those engaged in offline as well as online multi-level and telemarketing transactions
  • The Consumer Protection Act,2019 comes in to force from 20 July

About Consumer Protection Act,2019

  • The act has the provision of the Establishment of the CCPA which will protect, promote and enforce the rights of consumers. The CCPA will regulate cases related to unfair trade practices, misleading advertisements, and violation of consumer rights. Hence statement 1 is correct
  • The CCPA may impose a penalty of up to 10 Lakh or imprisonment for up to 2 years on a manufacturer or an endorser, for a false or misleading advertisement.
  • The Act provides for mediation as an Alternate Dispute Resolution mechanism, making the process of dispute adjudication simpler and quicker.
  • The New Act has introduced the concept of product liability and brings within its scope, the product manufacturer, product service provider and product seller, for any claim for compensation.
  • The New Act provides flexibility to the consumer to file complaints with the jurisdictional consumer forum located at the place of residence or work of the consumer.
  • Rules for prevention of unfair trade practice by e-commerce platforms will also be covered under this Act. Hence statement 2 is correct
  • The act has defined the criteria of Consumer Disputes Redressal Commission (CDRCs). The National CDRC will hear complaints worth more than Rs. 10 crores. The State CDRC will hear complaints when the value is more than Rs 1 crore but less than Rs 10 crore. While the District CDRC will entertain complaints when the value of goods or service is up to Rs 1 crore.

Source: https://www.thehindu.com/news/national/tamil-nadu/new-consumer-protection-act-gives-more-power-to-consumers-experts-say/article32135908.ece

6. Consider the following statements regarding Mega Food Parks Scheme

1.It is implemented by a Special Purpose Vehicle which is a Body Corporate registered under the Companies Act

2.Under this Scheme, Government of India provides financial assistance upto Rs. 50.00 Crore per Mega Food Park project.

Which of the statement(s) given above is/are correct?

  1. 1 only
  2. 2 only
  3. Both 1 and 2
  4. Neither 1 nor 2

Answer: (c) Both 1 and 2

Explanation:

In NEWS: Union Minister of Food Processing Smt Harsimrat Kaur Badal e-inaugurates Zoram Mega Food Park in Mizoram

  • Union Minister of Food Processing Industries in the Government of India and Member Smt Harsimrat Kaur Badal inaugurated the Zoram Mega Food Park Ltd at Kolasib in Mizoram through virtual conference.
  • The Food Park built at a cost of Rs 75 crore and spread over 55 Acres of land will directly benefit over 25,000 farmers and will provide employment opportunities to over 5,000 people in the region.

About Mega Food Parks Scheme

  • The Mega Food Parks Scheme aims to provide a mechanism to bring together farmers, processors and retailers and link agriculture production to the market so as to ensure maximization of value addition, minimization of wastages and improving farmers’ income.
  • The primary objective of the Scheme is to provide modern infrastructure facilities for the food processing along the value chain from the farm to the market with a cluster based approach based on a hub and spokes model.
  • The Mega Food Park project is implemented by a Special Purpose Vehicle (SPV) which is a Body Corporate registered under the Companies Hence statement 1 is correct
  • Under the Scheme, Government of India provides financial assistance upto Rs. 50.00 Crore per Mega Food Park project. Hence statement 2 is correct
  • The Scheme includes creation of infrastructure for primary processing and storage near the farm in the form of Primary Processing Centres (PPCs) and Collection Centres (CCs) and common facilities and enabling infrastructure like roads, electricity, water, ETP facilities etc. at Central Processing Centre (CPC).

Source: https://pib.gov.in/PressReleasePage.aspx?PRID=1639911

7. Consider the following statements regarding RAISE national programme

1.It is an initiative launched by Power Grid Corporation of India

2.It aims to alleviate the issue of bad air quality in workspaces across the nation and will pioneer ways to make them healthier and greener.

Which of the statement(s) given above is/are correct?

  1. 1 only
  2. 2 only
  3. Both 1 and 2
  4. Neither 1 nor 2

Answer: (b) 2 only

Explanation:

In NEWS: India’s first of its kind public EV Charging Plaza inaugurated by Union Power Minister

  • The EV charging plaza is a new avenue for making e-mobility ubiquitous and convenient in India. Such innovative initiatives are imperative for the creation of a robust e-mobility ecosystem in the country
  • Along with the EV charging plaza, ‘Retrofit of Air-conditioning to improve Indoor Air Quality for Safety and Efficiency’ (RAISE) national programme was also launched. The Union power minister noted that the RAISE initiative can potentially alleviate the issue of bad air quality in workspaces across the nation and pioneer ways to make them healthier and greener.

About Retrofit of Air-conditioning to improve Indoor Air Quality for Safety and Efficiency’ (RAISE) national programme

  • It is an initiative launched by EESL for healthy and energy efficient buildings, in partnership with U.S. Agency for International Development’s (USAID) MAITREE programme. Hence statement 1 is incorrect
  • The initiative aims to alleviate the issue of bad air quality in workspaces across the nation and will pioneer ways to make them healthier and greener. Hence statement 2 is correct
  • Under the initiative, EESL has undertaken a retrofit of its office air-conditioning and ventilation system.

Source: https://pib.gov.in/PressReleasePage.aspx?PRID=1639976

8. Maguri Motapung Beel is associated with

1.Assam

2.West Bengal

3.Tripura

4.Nagaland

Answer: (a) Assam

Explanation:

In NEWS: PM Modi assures to extend help to Assam: CM Sarbananda Sonowal

  • Prime Minister Narendra Modi telephoned Chief Minister Sarbananda Sonowal and took stock of flood, erosion, COVID-19 and Baghjan oil well fire situation in the state.
  • Making matters worse, a gas blowout had occurred at Oil India Limited’s well number 5 at its Baghjan Oilfield, in close vicinity of Dibru Saikhowa National Park and Maguri Motapung Beel

About Maguri Motapung Beel

  • Maguri Beel is a large wetland located 3.8 Km away from Guijan Ghat, gateway of the Dibru-Saikhowa National Park and Biosphere Reserve. A small channel connects Maguri Beel with the Dibru River to the North.
  • It was declared an Important Bird and Biodiversity Area (IBA) in 1996.
  • The wetland derives its name from ‘Magur’, local word for the catfish Clarius batrachus, once found here in abundance. Motapung is a village nearby, and Beel is the Assamese word for wetland. Hence option (a) is correct
  • Some of the migratory bird species visiting the beel includes the Ruddy Shelduck, Baikal Teal,   Bar-Headed Goose, Falcated Duck, Ferrigunuous Duck, Northern Pintail, Eurasian Wegion, Common Teal, Black- Headed Ibis, Glossy Ibis, Eurasian Curlew etc.

Source: https://timesofindia.indiatimes.com/india/pm-modi-assures-to-extend-help-to-assam-cm-sarbananda-sonowal/articleshow/77047867.cms

9. Consider the following statements regarding Vitamin D

1.It is produced when sunlight or artificial light, particularly in the ultraviolet region of 190-400 nm wavelength falls on the skin.

2.It triggers a chemical reaction to a cholesterol-based molecule and converts it into calcidiol in the liver

Which of the statement(s) given above is/are correct?

  1. 1 only
  2. 2 only
  3. Both 1 and 2
  4. Neither 1 nor 2

Answer: (c) Both 1 and 2

Explanation:

In NEWS: Arming India’s poor against the pandemic

  • There have been considerable discussions in scientific circles on the importance of vitamin D in these days of the coronavirus pandemic.
  • Studies point out how vitamin D deficiency can affect COVID-19 high-risk patients. This is in particular for those who are diabetic, have heart conditions, pneumonia, obesity, and those who smoke. It is also associated with infections in the respiratory tract and lung injury.
  • Vitamin D is produced when sunlight (or artificial light, particularly in the ultraviolet region of 190-400 nm wavelength) falls on the skinHence statement 1 is correct
  • Afterwards, it triggers a chemical reaction to a cholesterol-based molecule, and converts it into Calcidiol (adding one hydroxyl group, also called 25(OH)D technically) in the liver and Calcitriol (or 1, 25(OH)2D) in the kidney. Hence statement 2 is correct
  • Levels of Vitamin D in the Indian population is not good levels even after being a tropical country.
  • The level of vitamin D in India ranges between 3.15 ng/ml to 52.9 ng/ml. Vitamin D levelamong south Indians is (15.74–19.16) ng/ml, yet below 20. Also, females showed consistently lower levels than males.

Source: https://www.thehindu.com/sci-tech/health/arming-indias-poor-against-the-pandemic/article32125404.ece

10. Which one of the following statements correctly describes the meaning of legal tender money?

(a) The money which is tendered in courts of law to defray the fee of legal cases

(b) The money which a creditor is under compulsion to accept in settlement of his claims

(c) The bank money in the form of cheques, drafts, bills of exchange etc.

(d) The metallic money in circulation in a country

Answer: (b) The money which a creditor is under compulsion to accept in settlement of his claims

Explanation:

Legal tender is any official medium of payment recognized by law that can be used to extinguish a public or private debt, or meet a financial obligation. A creditor is obligated to accept legal tender toward repayment of a debt. Legal tender can only be issued by the national body that is authorized to do so. Hence option (b) is correct