“177”, Aptitude Test Questions and
Answers
for State Attorneys – National Prosecution Services (N.P.S).
Answers for State Attorneys – National Prosecution Services (N.P.S).
This document provides 177 multiple-choice
questions and answers for preparing candidates for the State Attorney (NPS) aptitude
test under the Public Service Recruitment Secretariat | PSRS, Tanzania. It
covers criminal procedure, evidence law, penal provisions, appeals, legal
drafting, ethics, and professional conduct. Each question includes four options
with the correct answer and a brief rationale, reflecting Tanzanian laws and
international principles to ensure comprehensive and practical preparation. An
additional scenario questions and court documents are available to candidates
who will purchase the full package.
Prepared
by:
State
Attorneys and Private legal Practitioners
Compiled
by Johnson Yesaya Mgelwa
A
lawyer based in Dar-es-salaam.
0628729934.
Date:
July 01, 2025
Dear
applicants,
This
collection of questions and answers has been carefully prepared to help all of you
to understand the key areas tested during the interview. The goal is to provide
a useful, and practical study guide so you can all perform confidently and
fairly in the selection process. I wish you the best of luck, and may this
resource support you in achieving success!
Warm
regards,
Johnson
Yesaya Mgelwa
For Personal Use by Applicants Preparing for State Attorneys – National Prosecution Services (N.P.S), Interview.
Disclaimer:
These materials have been prepared independently to assist candidates preparing
for public service aptitude tests, particularly for legal positions such as
State Attorney, Tutorial Assistant (Law), and related posts. They are not
affiliated with, endorsed by, or officially connected to any government body,
including the National Prosecution Services or the Public Service Recruitment
Secretariat.
Copyright
Notice:
© 2025 Johnson Yesaya. All rights reserved.
No part of this publication may be reproduced, stored in a retrieval system, or
transmitted in any form or by any means—electronic, mechanical, photocopying,
recording, or otherwise—without prior written permission from the author.
Purchasers are permitted to use this material for personal preparation only.
Redistribution, resale, or public sharing without authorization is prohibited.
ALL QUESTIONS COMPILED TOGETHER.
1. Which section of the Criminal Procedure
Act gives the Director of Public Prosecutions (DPP) power to enter nolle
prosequi?
A. Section 89 B. Section 91 C. Section 92 D.
Section 94
Answer: B. Section 91
Rationale: Section 91 of the Criminal Procedure Act,
[Cap. 20 R.E 2022], empowers the Director of Public Prosecutions to enter a
nolle prosequi, which means discontinuing criminal proceedings at any stage
before judgment is delivered. This authority is central to prosecutorial
discretion in Tanzania.
2. In criminal law, an accomplice is best
defined as:
A. A person who gives evidence against
another in a criminal case B. A person who conceals an offence after it has
been committed C. A person who knowingly and voluntarily assists in committing
a crime D. A person summoned to court as a witness
Answer: C. A person who knowingly and voluntarily assists in
committing a crime
Rationale: An accomplice is one who, with common
intent, unites with the principal offender in committing a crime. This may
involve aiding, abetting, or failing to perform a legal duty to prevent the
offence with the intent to facilitate its commission. (Section 22 & 23)
of Penal Code.
3. Which of the following is NOT a remedy
for a defective charge under the Criminal Procedure Act?
A. Amendment of the charge B. Withdrawal
and reinstitution C. Conviction without correction D. Nolle prosequi
Answer: C. Conviction without correction
Rationale:
Under Section 234 CPA, the prosecution may apply to amend a defective
charge before judgment, and under Section 91 CPA, the DPP may
discontinue proceedings through nolle prosequi. Convicting without correcting
the defect is unlawful and violates the right to a fair trial.
4. Which plea indicates that an accused
person has previously been convicted for the same offence?
A. Autrefois convict B. Autrefois acquit C.
Plea of not guilty D. Plea of pardon
Answer: A. Autrefois convict
Rationale: The plea of autrefois convict is a
special plea in bar, raised when an accused claims they have already been
convicted for the same offence. This prevents double jeopardy as provided under
section 280(1)(a) of the Criminal Procedure Act.
5. Under the Criminal Procedure Act, which
of the following offences cannot be subject to plea bargaining?
A. Economic offences B. Sexual offences C.
Drug-related offences D. Offences punishable by a fine only
Answer: B. Sexual offences
Rationale: Sections 194A–194F(a) of the CPA
introduce plea bargaining in Tanzania, but explicitly prohibit it in certain
cases, including sexual offences. This ensures the integrity and seriousness of
prosecution in offences affecting morality and personal dignity.
6. Which of the following correctly
describes the primary purpose of a charge in criminal proceedings?
A. To enable the prosecution to prove
guilt B. To inform the accused of the accusation and applicable law C. To
assist the magistrate in recording evidence D. To assist in drafting a judgment
Answer: B. To inform the accused of the accusation and applicable
law
Rationale: The purpose of a charge is to notify the
accused of the specific offence, the law violated, and its particulars. This
ensures the accused can prepare an adequate defense and avoids trial by
surprise, as provided under Section 132 of the CPA.
7. Under the CPA, which section provides
for bail in criminal cases?
A. Section 147 B. Section 148 C. Section
149 D. Section 150
Answer: B. Section 148
Rationale: Section 148 of the Criminal
Procedure Act governs bail, outlining when bail is granted, conditions, and
restrictions, including special provisions for serious offences such as
economic and organized crimes.
8. Which of the following is the correct
meaning of nolle prosequi?
A. The court acquits the accused B. The
prosecution discontinues proceedings before judgment C. The accused withdraws
his plea D. The magistrate dismisses the case for lack of evidence
Answer: B. The prosecution discontinues proceedings before
judgment
Rationale: Nolle prosequi literally means “will not
further prosecute.” It is the voluntary act of the DPP to discontinue a case at
any stage before judgment, as provided under Section 91 of the CPA.
9. Which is NOT a duty of a State Attorney
under the National Prosecutions Service?
A. Drafting charge sheets B. Conducting
criminal trials C. Imposing sentences on offenders D. Advising on investigation
Answer: C. Imposing sentences on offenders
Rationale: State Attorneys do not impose sentences;
that is the role of the judiciary. Their duties include drafting charges,
conducting trials, and guiding investigations to ensure justice.
10. Under Section 23 of the CPA, which
obligation applies when making an arrest?
A. Informing the suspect of the grounds
for arrest B. Searching the suspect without notice C. Recording a confession
immediately D. Providing a surety at the scene
Answer: A. Informing the suspect of the grounds for arrest
Rationale: Section 23 mandates that a person
under arrest must be informed of the reasons for their arrest unless
circumstances make it impracticable. This ensures compliance with the
constitutional right to personal liberty.
11. What is the maximum period a person
can lawfully be held in custody before being brought before a court according
to the CPA?
Answer: As soon as practicable (generally
within 24 hours)
Rationale: Section 32 of the CPA requires a person arrested to
be brought before a court as soon as practicable; the law does not fix a strict
48-hour limit, but in practice, delays beyond 24 hours without justification
can amount to unlawful detention.
12. Which of the following correctly
defines a hostile witness?
A. A witness who gives testimony favorable
to the calling party B. A witness who refuses to attend court after being
summoned C. A witness whose testimony is adverse to the party calling him D. A
witness who is declared incompetent by the court
Answer: C. A witness whose testimony is adverse to the party
calling him
Rationale: A hostile witness is one who exhibits
bias against the party who called him, often providing unfavorable evidence.
This allows the calling party to cross-examine the witness, as per Section
163 of the TEA.
13. Under which circumstances can a
Magistrate arrest a person without a warrant?
A. Only when the offence is bailable B.
When the offence is committed in his presence C. When the offence is punishable
by a fine only D. When directed by the DPP
Answer: B. When the offence is committed in his presence
Rationale: Section 18 of the CPA empowers
magistrates to arrest or order an arrest of a person who commits an offence in
their presence, provided the act falls within their jurisdiction.
14. Which plea indicates that an accused
person has been acquitted for the same offence before?
A. Plea of pardon B. Autrefois acquit C.
Autrefois convict D. Plea of insanity
Answer: B. Autrefois acquit
Rationale: The plea of autrefois acquit is raised
when the accused claims they were previously acquitted of the same offence. It
prevents retrial for the same matter under the double jeopardy principle. (Section
228 (5)(a) of CPA)
15. Which principle applies when an
accused person is found with recently stolen property?
A. Doctrine of mens rea B. Doctrine of
recent possession C. Doctrine of common intention D. Doctrine of estoppel
Answer: B. Doctrine of recent possession
Rationale: The doctrine of recent possession allows
the presumption that a person found in possession of recently stolen property
is the thief or knew it was stolen unless they give a reasonable explanation.
16. Which of the following statements is
TRUE about plea bargaining in Tanzania?
A. It applies to all criminal offences B.
It applies to sexual offences C. It is prohibited in certain serious offences D.
It requires no judicial approval
Answer: C. It is prohibited in certain serious offences
Rationale: Plea bargaining under the CPA does not
apply to all offences; it is restricted in serious crimes such as sexual
offences and certain grave felonies, ensuring justice and public interest. (Section
194 of CPA).
17. Which section of the CPA provides for
preliminary hearing?
A. Section 192 B. Section 194A C. Section
210 D. Section 222
Answer: A. Section 192
Rationale: Section 192 of the CPA introduces
preliminary hearing, aimed at identifying issues not in dispute before trial,
thus speeding up proceedings and reducing unnecessary delays.
18. What is the meaning of mens rea in
criminal law?
A. The physical act of committing a crime B.
The mental element or guilty mind C. The punishment imposed for a crime D. The
legal defense of insanity
Answer: B. The mental element or guilty mind
Rationale: Mens rea refers to the intention or
knowledge of wrongdoing that constitutes a crime, alongside actus reus, the
physical act. Both must exist for criminal liability.
19. What is the primary purpose of bail?
A. To punish an accused before trial B. To
ensure attendance of an accused at trial C. To guarantee acquittal D. To avoid
investigation
Answer: B. To ensure attendance of an accused at trial
Rationale: Bail is a mechanism to secure an accused
person’s appearance in court while respecting their liberty before conviction.
It is not a punishment but a conditional release.
20. Who bears the burden of proof in
criminal cases?
A. The accused B. The court C. The
prosecution D. The defense counsel
Answer: C. The prosecution
Rationale: The principle of criminal justice is that
the prosecution must prove the guilt of the accused beyond a reasonable doubt,
while the accused is presumed innocent until proven guilty.
21. Which is NOT a ground for rejection of
a complaint by a magistrate?
A. The complaint is vague B. The complaint
discloses no offence C. The complaint is made orally D. The complaint is
against an unknown person
Answer: C. The complaint is made orally
Rationale: An oral complaint is acceptable as long
as it is reduced to writing by the magistrate. Grounds for rejection include
vagueness or failure to disclose an offence. (Section 128 of CPA)
22. Under the Penal Code, what is the
maximum punishment for treason?
A. Life imprisonment B. Death penalty C.
30 years imprisonment D. Death or life imprisonment
Answer: B. Death penalty
Rationale: Treason is among the most serious
offences under Tanzanian law, punishable by death, reflecting the gravity of
acts aimed at overthrowing the government or betraying the state.
23. Which of the following is primarily considered a
constitutional remedy rather than a prerogative order?
A. Mandamus B. Certiorari C. Habeas corpus D. Prohibition
Answer: C. Habeas corpus
Rationale: Habeas corpus safeguards personal liberty
under constitutional provisions and is not categorized as a prerogative order,
unlike mandamus, certiorari, and prohibition which are used for judicial review
of administrative actions.
24. In criminal trials, which stage
follows the close of the prosecution’s case?
A. Delivery of judgment B. Defense case C.
Plea taking D. Preliminary hearing
Answer: B. Defense case
Rationale: After the prosecution closes its case,
the court determines if there is a prima facie case. If so, the defense is
called to present its case before judgment is delivered. (Section 230 &
231 of CPA.)
25. Which principle applies when two or
more people agree to commit an unlawful act together?
A. Doctrine of recent possession B.
Doctrine of common intention C. Doctrine of precedent D. Doctrine of res
judicata
Answer: B. Doctrine of common intention
Rationale: The doctrine of common intention holds
all participants equally liable for a crime committed in pursuance of a common
unlawful purpose, even if their individual roles differ.
26. Under the CPA, which section governs
the power of the High Court to vary bail conditions set by a lower court?
A. Section 148 B. Section 149 C. Section
150 D. Section 161
Answer: B. Section 149
Rationale: Section 149 of the CPA empowers
the High Court to vary the terms of bail set by a subordinate court, either to
increase, reduce, or alter the conditions to meet justice requirements.
27. Which of the following statements best
describes an affidavit?
A. A written agreement signed by both
parties in a case B. A sworn written statement of facts affirmed before an
authorized officer C. A statement made during cross-examination under oath D. A
verbal declaration made before a judge
Answer: B. A sworn written statement of facts affirmed before an
authorized officer
Rationale: An affidavit is a written declaration of
fact, voluntarily made under oath or affirmation before a person legally
authorized to administer it, often used in court proceedings.
28. What is the minimum age below which a
person is not criminally responsible under Tanzanian law?
A. 7 years B. 10 years C. 12 years D. 14
years
Answer: B. 10 years
Rationale: Under Section 15(1) of the Penal
Code, a person under the age of 10 years is not criminally responsible for any
act. Between the ages of 10 and 12, there is a presumption of incapacity unless
the prosecution proves that the child had sufficient knowledge to understand
the wrongfulness of the act.
29. Which of the following is NOT an
essential ingredient of negligence?
A. Duty of care B. Breach of duty C.
Malice aforethought D. Damage resulting from the breach
Answer: C. Malice aforethought
Rationale: Malice aforethought relates to
intentional crimes like murder, not negligence. The key elements of negligence
are duty of care, breach of that duty, and resulting damage.
30. What is the correct term for the
agreement made between an accused person and his surety to ensure his
appearance in court?
A. Bail B. Recognizance C. Bond D.
Guarantee
Answer: C. Bond
Rationale: A bond is a formal written agreement between an accused person and the court, sometimes with sureties, guaranteeing attendance at trial. Recognizance refers to the pledged sum in case of default.
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