Haryana ADA 2026 Rank 4 Shraddha Mock Interview: Important Legal Questions and Answers

The Haryana Assistant District Attorney (ADA) examination requires a strong understanding of criminal law, civil procedure, evidence law, and important judicial precedents. The Haryana ADA 2026 Rank 4 Shraddha Mock Interview covers key legal concepts that candidates should revise while preparing for the examination and interview.

This article provides a structured overview of the major topics discussed in the mock interview, including the Indian Partnership Act, 1932, the Bharatiya Nagarik Suraksha Sanhita (BNSS), the Code of Civil Procedure (CPC), and the Bharatiya Sakshya Adhiniyam (BSA). It also explains police custody remand, the powers of Judicial Magistrates, the concept of Zero FIR, and the difference between burden of proof and onus of proof.

Haryana ADA 2026 Mock Interview: Key Topics

The following table summarises the important legal topics covered in the mock interview.

1. Can an Unregistered Partnership Firm Sue for Trademark Infringement?

Section 69 of the Indian Partnership Act, 1932, places restrictions on certain suits filed by unregistered partnership firms. In general, an unregistered firm cannot sue to enforce a contractual right against a third party, and a partner may face restrictions when seeking to enforce contractual rights against the firm or other partners.

However, the restriction is not a blanket prohibition on every legal proceeding involving an unregistered firm.

Trademark infringement and passing off

A claim for trademark infringement is based on statutory rights, while a passing-off action generally arises under common law. These claims are distinct from suits seeking to enforce contractual rights.

Therefore, the bar under Section 69 does not automatically prevent an unregistered partnership firm from bringing a trademark infringement or passing-off action. The maintainability of a particular case depends on the nature of the right asserted and the applicable legal principles.

Key takeaway: Candidates should distinguish between contractual claims restricted by Section 69 and independent statutory or common-law claims.

2. Powers of a Judicial Magistrate Regarding Investigation Under BNSS

The Bharatiya Nagarik Suraksha Sanhita, 2023, distinguishes between further investigation and a fresh or de novo investigation. Understanding this distinction is important for Haryana ADA aspirants.

Further investigation under Section 193 BNSS

Further investigation involves collecting additional evidence after a police report has been submitted. It does not necessarily mean that the earlier investigation is discarded and started again.

The applicable statutory provisions and judicial precedents determine the circumstances in which a Magistrate may direct or permit further investigation.

Further investigation vs. de novo investigation

Section 528 BNSS preserves the inherent powers of the High Court. These powers may be exercised to prevent abuse of the process of a court or to secure the ends of justice. They are not an unrestricted power to order a fresh investigation in every case.

Exam tip: Remember the distinction between further investigation and de novo investigation, and avoid treating the two expressions as interchangeable.

3. Police Custody Remand: CrPC vs. BNSS

Police custody remand is governed by Section 167 of the Code of Criminal Procedure, 1973 (CrPC), and Section 187 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).

The BNSS changed the period during which the permitted police custody may be authorised.

Comparison of police custody provisions

The BNSS permits the authorised police custody period to be taken in parts within the specified initial 40-day or 60-day window. These windows correspond to the applicable 60-day and 90-day periods for statutory detention under Section 187.

Prospective and retrospective application of criminal laws

The application of criminal law depends on whether the provision is substantive or procedural and on the relevant commencement and savings provisions.

• Substantive criminal law: Article 20(1) of the Constitution protects against retrospective criminalisation and the imposition of a greater penalty for an offence than the penalty applicable when it was committed.

• Procedural criminal law: Procedural changes may apply to pending proceedings, subject to statutory provisions, savings clauses, and applicable judicial decisions.

• Section 531 BNSS: The savings provision must be considered when determining whether proceedings initiated before the BNSS came into force continue under the CrPC.

The BNSS came into force on 1 July 2024, subject to the applicable commencement notification. The correct procedural framework for a case depends on the statutory transition provisions and the circumstances of the proceedings.

Important: Do not assume that every FIR registered before 1 July 2024 is governed by the CrPC for every purpose without examining Section 531 BNSS and the relevant legal position.

4. Life Cycle of a Civil Suit Under the CPC

The Code of Civil Procedure, 1908, provides the procedural framework for civil litigation. A civil suit generally progresses through the following stages, although the exact sequence may vary depending on the nature of the case and the court's directions.

Is the term 'suit' defined under the CPC?

The Code of Civil Procedure, 1908, does not provide a comprehensive standalone definition of the word "suit". In general, a suit is understood as a civil proceeding instituted by presenting a plaint before a competent court.

Candidates should remember that the institution, trial, judgment, decree, and execution stages are governed by different provisions of the CPC.

5. Abatement of Criminal Appeals After the Appellant's Death

The effect of an appellant's death on a criminal appeal depends on the nature of the appeal and the applicable statutory provisions.

An appeal against conviction does not necessarily follow the same rule as an appeal against acquittal or an appeal involving a sentence of fine. The relevant provisions of the BNSS, including those governing the abatement of appeals, must be examined.

In specified circumstances, legal representatives may seek permission to continue an appeal, particularly where the appeal concerns a sentence of fine or where continuation is permitted by law. The applicable statutory conditions determine whether such continuation is available.

Key takeaway: For the Haryana ADA examination, candidates should identify the type of appeal, the sentence involved, and the statutory provision governing abatement before stating the legal consequence of the appellant's death.

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6. Burden of Proof vs. Onus of Proof Under the BSA

The burden of proof and the onus of proof are related but distinct concepts in evidence law. Both are important for understanding how courts evaluate the evidence presented by the parties.

Difference between burden of proof and onus of proof

Under Section 104 of the Bharatiya Sakshya Adhiniyam, 2023, the person who asks the court to give judgment as to a legal right or liability dependent on facts asserted by that person must prove those facts, subject to the applicable provisions.

Section 105 addresses the burden of proof in the context of a person who wishes the court to believe in the existence of a particular fact. Candidates should consult the statutory wording when answering provision-specific questions.

The burden of proof is commonly described as the legal burden, while the onus of proof refers to the evidentiary burden that may shift during proceedings. However, the precise application depends on the issue being decided and the governing legal rules.

7. Concept of Reference to the High Court

A reference is a procedural mechanism through which a subordinate court seeks the High Court's opinion on a legal question in circumstances prescribed by law.

Under Section 113 and Order XLVI of the CPC, a civil court may refer a question concerning the validity of an Act, Ordinance, or Regulation to the High Court when the statutory requirements are met.

The key conditions include:

1. The question of validity must be necessary for the disposal of the case.

2. The subordinate court must consider the relevant legislation invalid or inoperative.

3. The provision must not already have been declared invalid by the High Court to which the reference is made or by the Supreme Court.

Exam tip: For a question concerning reference in a civil proceeding, revise Section 113 and Order XLVI CPC. Do not confuse this mechanism with the separate statutory reference provisions applicable to criminal proceedings.

8. Inherent Powers of the High Court Under Section 528 BNSS

Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, preserves the inherent powers of the High Court.

These powers may be exercised to:

• Give effect to an order under the BNSS.

• Prevent abuse of the process of any court.

• Secure the ends of justice.

The provision is intended to preserve the High Court's ability to address exceptional situations where intervention is legally necessary. It does not replace ordinary statutory remedies or authorise the court to disregard express legal restrictions.

Candidates should be prepared to explain the three purposes of Section 528 and distinguish inherent jurisdiction from the specific powers granted to a Magistrate under other provisions of the BNSS.

9. Zero FIR Under Section 173 BNSS

Zero FIR allows information relating to a cognizable offence to be reported at a police station regardless of the territorial jurisdiction in which the offence occurred. The complaint can subsequently be transferred to the police station having the appropriate territorial jurisdiction.

Section 173 of the BNSS provides for information relating to cognizable offences to be given to a police station irrespective of the area where the offence is committed.

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Procedure for registering a Zero FIR

1. Reporting the offence: The informant approaches a police station to provide information about a cognizable offence.

2. Recording the information: The police record the information in accordance with Section 173 BNSS.

3. Electronic information: Where information is provided through electronic communication, the informant must sign it within three days.

4. Transfer to the appropriate police station: The recorded information is forwarded to the police station having territorial jurisdiction, as applicable.

Zero FIR is intended to prevent delays in reporting cognizable offences due to jurisdictional questions. It enables the police to record the information first and address the territorial jurisdiction issue subsequently.