General Explanations and Definitions Questions and Answers

Q: Anything which has the appearance of being a firearm, whether it is capable of discharging any shot, bullet or other missile or not is a/an

Such a thing is an imitation firearm.The Arms Act (Explanation to section 28) defines an imitation firearm as anything which has the appearance of being a firearm, whether or not it is capable of discharging any shot, bullet or other missile. Section 28 punishes the use or possession of a firearm or imitation firearm to resist arrest.Ammunition is what a firearm discharges, not something that looks like a firearm. Prohibited arms are specific dangerous weapons defined in section 2(1)(i). 'Replica firearm' is not a term the Act defines.

Q: The licensing authority shall grant a licence under section 3 where the licence is required by a citizen of India in respect of a smooth bore gun having a barrel of not less than __________ in length to be used for protection or sport to be used for bona-fide crop protection

The barrel must be not less than twenty inches.Section 13(2A) of the Arms Act directs the licensing authority to grant a licence under section 3 where it is required by a citizen of India for a smooth bore gun with a barrel of not less than twenty inches in length, to be used for protection or sport, or for a muzzle-loading gun for bona fide crop protection, unless it has reason to think the applicant is prohibited or unfit.Ten, fifteen and twenty-five inches are not the length the section prescribes.

Q: Ashok Debbarma @ Achak Debbarma Vs. State of Tripura is the case related to

The case relates to punishment for using prohibited arms or prohibited ammunition.Ashok Debbarma @ Achak Debbarma v State of Tripura, decided by the Supreme Court in 2014, arose from a Tripura case in which the Arms Act charge was under section 27(3), the clause that punishes the use of prohibited arms or ammunition in contravention of section 7 where it causes death.The use of firearms or imitation firearms to resist arrest and the buying of arms from an unlicensed person are separate offences in other sections of the Act, and the case is not about them. Because those sections are different, option D, all of the above, is also wrong.

Q: The licensing authority shall refuse to grant a licence under section 3, section 4 or section 5 where such licence is required in respect of any prohibited arms or prohibited ammunition under

The refusal is required under Section 14 of the Arms Act.Section 14, 'Refusal of licences', opens with 'Notwithstanding anything in section 13' and directs that the licensing authority shall refuse a licence under section 3, 4 or 5 where it is sought for any prohibited arms or prohibited ammunition. It also requires refusal where the applicant is prohibited by law from holding arms, is of unsound mind or is unfit for a licence.Section 13 sets out the general procedure for granting licences, section 17 deals with varying, suspending and revoking licences, and section 18 with appeals against such orders.

Q: Who is considered a "registered medical practitioner" according to the Bahrtiya Nayay Sanhita, 2023 ?

A registered medical practitioner is any person possessing a medical qualification recognized under the National Medical Commission Act, 2019 and whose name is registered in National Medical Register.The new criminal laws define a registered medical practitioner by reference to the National Medical Commission Act, 2019: a medical practitioner who holds a qualification recognised under that Act and whose name is entered in the National Medical Register (or a State Medical Register) under it. This replaced the old reference to the Indian Medical Council Act, 1956.A foreign medical course alone does not make someone registered in India. The Indian Medical Association is a voluntary professional body and does not recognise qualifications, so option C is wrong, and so is 'Any of the above'.

Q: Which section of The Arms Act, 1959 deals with the Power to restrict or prohibit transport of arms ?

The power to restrict or prohibit transport of arms is in Section 12 of the Arms Act.Section 12 lets the Central Government, by notification, regulate or prohibit the transport of any arms or ammunition, either generally or in a specified area, to the extent it considers necessary in the public interest.Section 13 deals with the grant of licences, section 14 with the refusal of licences, and section 18 with appeals against orders of the licensing authority. None of them confers the power over transport.

Q: The term 'Dishonestly' has been defined in the Bharatiya Nyaya Sanhita as

'Dishonestly' means doing anything with the intention of causing wrongful gain to one person or wrongful loss to another person.This is the definition in Section 2(7) of the BNS, carried over from Section 24 of the IPC. 'Wrongful gain' and 'wrongful loss' are themselves defined as gain or loss of property by unlawful means.'Fraudulently' is a separate term, defined as doing a thing with intent to defraud. Acting without knowledge of consequences, or against public morality, is not the legal meaning of dishonestly.

Q: Which section of The Arms/Act, 1959 deals with Licence for manufacture, sale, etc., of arms and ammunition ?

The provision is Section 5 of The Arms Act, 1959.Section 5 requires a licence for the manufacture, sale, transfer, conversion, repair, test or proof of arms and ammunition, and for exposing or offering them for sale.Section 3 deals with licences for acquisition and possession of firearms, Section 4 with licences for specified arms in certain areas, Section 7 prohibits dealing in prohibited arms and ammunition, and Section 9 bars certain persons, such as those below the prescribed age, from holding arms.

Q: Culpable mental state includes(1) intention, 2 motive, (3) knowledge of a fact

The answer is All of these.Under the NDPS Act (Explanation to Section 35) and the POCSO Act (Section 30), 'culpable mental state' includes intention, motive, knowledge of a fact, and belief in, or reason to believe, a fact. The courts may presume such a mental state, and the accused must then prove he had none.Since intention, motive and knowledge are all included, the pairs in options A, B and C are incomplete.

Q: Which of the following is true regarding the presumption of possession under the Narcotic Drugs and Psychotropic Substances Act ?

The true statement is that if illegal drugs are found in possession, the burden shifts to the accused to explain.Section 54 of the NDPS Act lets the Court presume, unless the contrary is proved, that the accused committed an offence when he is found in possession of narcotic drugs or psychotropic substances he cannot satisfactorily account for. Section 35 adds a presumption of culpable mental state.Possession itself is an offence, without proof of consumption, and the burden does not always stay on the prosecution, so options A, B and D are wrong.

31.

Anything which has the appearance of being a firearm, whether it is capable of discharging any shot, bullet or other missile or not is a/an

A.ammunition
B.prohibited arms
C.replica firearms
D.imitation firearm

Exam Year(s)

Tripura Public Service Commission - 2025,

Answer: D

Such a thing is an imitation firearm.

The Arms Act (Explanation to section 28) defines an imitation firearm as anything which has the appearance of being a firearm, whether or not it is capable of discharging any shot, bullet or other missile. Section 28 punishes the use or possession of a firearm or imitation firearm to resist arrest.

Ammunition is what a firearm discharges, not something that looks like a firearm. Prohibited arms are specific dangerous weapons defined in section 2(1)(i). 'Replica firearm' is not a term the Act defines.

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32.

The licensing authority shall grant a licence under section 3 where the licence is required by a citizen of India in respect of a smooth bore gun having a barrel of not less than __________ in length to be used for protection or sport to be used for bona-fide crop protection

A.ten inches
B.fifteen inches
C.twenty inches
D.twenty five inches

Exam Year(s)

Tripura Public Service Commission - 2025,

Answer: C

The barrel must be not less than twenty inches.

Section 13(2A) of the Arms Act directs the licensing authority to grant a licence under section 3 where it is required by a citizen of India for a smooth bore gun with a barrel of not less than twenty inches in length, to be used for protection or sport, or for a muzzle-loading gun for bona fide crop protection, unless it has reason to think the applicant is prohibited or unfit.

Ten, fifteen and twenty-five inches are not the length the section prescribes.

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33.

Ashok Debbarma @ Achak Debbarma Vs. State of Tripura is the case related to

A.Punishment for using prohibited arms or prohibited ammunition
B.Punishment for using firearm or an imitation firearms
C.Punishment for purchasing illegal arms
D.All of the above

Exam Year(s)

Tripura Public Service Commission - 2025,

Answer: A

The case relates to punishment for using prohibited arms or prohibited ammunition.

Ashok Debbarma @ Achak Debbarma v State of Tripura, decided by the Supreme Court in 2014, arose from a Tripura case in which the Arms Act charge was under section 27(3), the clause that punishes the use of prohibited arms or ammunition in contravention of section 7 where it causes death.

The use of firearms or imitation firearms to resist arrest and the buying of arms from an unlicensed person are separate offences in other sections of the Act, and the case is not about them. Because those sections are different, option D, all of the above, is also wrong.

Discuss in Forum

34.

The licensing authority shall refuse to grant a licence under section 3, section 4 or section 5 where such licence is required in respect of any prohibited arms or prohibited ammunition under

A.Section 13
B.Section 14
C.Section 18
D.Section 17

Exam Year(s)

Tripura Public Service Commission - 2025,

Answer: B

The refusal is required under Section 14 of the Arms Act.

Section 14, 'Refusal of licences', opens with 'Notwithstanding anything in section 13' and directs that the licensing authority shall refuse a licence under section 3, 4 or 5 where it is sought for any prohibited arms or prohibited ammunition. It also requires refusal where the applicant is prohibited by law from holding arms, is of unsound mind or is unfit for a licence.

Section 13 sets out the general procedure for granting licences, section 17 deals with varying, suspending and revoking licences, and section 18 with appeals against such orders.

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35.

Who is considered a "registered medical practitioner" according to the Bahrtiya Nayay Sanhita, 2023 ?

A.Any person who completed a medical course from a foreign university
B.Any person possessing a medical qualification recognized under the National Medical Commission Act, 2019 and whose name is registered in National Medical Register
C.Any person possessing a medical qualification recognized under the Indian Medical Association
D.Any of the above

Exam Year(s)

Tripura Public Service Commission - 2025,

Answer: B

A registered medical practitioner is any person possessing a medical qualification recognized under the National Medical Commission Act, 2019 and whose name is registered in National Medical Register.

The new criminal laws define a registered medical practitioner by reference to the National Medical Commission Act, 2019: a medical practitioner who holds a qualification recognised under that Act and whose name is entered in the National Medical Register (or a State Medical Register) under it. This replaced the old reference to the Indian Medical Council Act, 1956.

A foreign medical course alone does not make someone registered in India. The Indian Medical Association is a voluntary professional body and does not recognise qualifications, so option C is wrong, and so is 'Any of the above'.

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36.

Which section of The Arms Act, 1959 deals with the Power to restrict or prohibit transport of arms ?

A.Section 12 of The Arms Act, 1959
B.Section 14 of The Arms Act, 1959
C.Section 13 of The Arms Act, 1959
D.Section 18 of The Arms Act, 1959.

Exam Year(s)

Tripura Public Service Commission - 2025,

Answer: A

The power to restrict or prohibit transport of arms is in Section 12 of the Arms Act.

Section 12 lets the Central Government, by notification, regulate or prohibit the transport of any arms or ammunition, either generally or in a specified area, to the extent it considers necessary in the public interest.

Section 13 deals with the grant of licences, section 14 with the refusal of licences, and section 18 with appeals against orders of the licensing authority. None of them confers the power over transport.

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37.

The term 'Dishonestly' has been defined in the Bharatiya Nyaya Sanhita as

A.Fraudulently.
B.Doing anything with the intention of causing wrongful gain to one person or wrongful loss to another person.
C.Doing any act without knowledge of its consequences.
D.Doing any act against public morality.

Exam Year(s)

Tripura Public Service Commission - 2025,

Answer: B

'Dishonestly' means doing anything with the intention of causing wrongful gain to one person or wrongful loss to another person.

This is the definition in Section 2(7) of the BNS, carried over from Section 24 of the IPC. 'Wrongful gain' and 'wrongful loss' are themselves defined as gain or loss of property by unlawful means.

'Fraudulently' is a separate term, defined as doing a thing with intent to defraud. Acting without knowledge of consequences, or against public morality, is not the legal meaning of dishonestly.

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38.

Which section of The Arms/Act, 1959 deals with Licence for manufacture, sale, etc., of arms and ammunition ?

A.Section 7 of The Arms Act, 1959
B.Section 4 of The Arms Act, 1959
C.Section 5 of The Arms Act, 1959
D.Section 9 of The Arms Act, 1959

Exam Year(s)

Tripura Public Service Commission - 2025,

Answer: C

The provision is Section 5 of The Arms Act, 1959.

Section 5 requires a licence for the manufacture, sale, transfer, conversion, repair, test or proof of arms and ammunition, and for exposing or offering them for sale.

Section 3 deals with licences for acquisition and possession of firearms, Section 4 with licences for specified arms in certain areas, Section 7 prohibits dealing in prohibited arms and ammunition, and Section 9 bars certain persons, such as those below the prescribed age, from holding arms.

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39.

Culpable mental state includes

(1) intention, 2 motive, (3) knowledge of a fact

A.(1) and (2)
B.(1) and (3)
C.(2) and (3)
D.All of these

Exam Year(s)

Tripura Public Service Commission - 2025,

Answer: D

The answer is All of these.

Under the NDPS Act (Explanation to Section 35) and the POCSO Act (Section 30), 'culpable mental state' includes intention, motive, knowledge of a fact, and belief in, or reason to believe, a fact. The courts may presume such a mental state, and the accused must then prove he had none.

Since intention, motive and knowledge are all included, the pairs in options A, B and C are incomplete.

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40.

Which of the following is true regarding the presumption of possession under the Narcotic Drugs and Psychotropic Substances Act ?

A.Possession is not punishable unless consumption is proven
B.The burden of proof always lies on the prosecution
C.If illegal drugs are found in possession, the burden shifts to the accused to explain
D.There is no presumption regarding possession under the Act

Exam Year(s)

Tripura Public Service Commission - 2025,

Answer: C

The true statement is that if illegal drugs are found in possession, the burden shifts to the accused to explain.

Section 54 of the NDPS Act lets the Court presume, unless the contrary is proved, that the accused committed an offence when he is found in possession of narcotic drugs or psychotropic substances he cannot satisfactorily account for. Section 35 adds a presumption of culpable mental state.

Possession itself is an offence, without proof of consumption, and the burden does not always stay on the prosecution, so options A, B and D are wrong.

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