4. How many types of punishment have been prescribed under the Indian Penal Code:
Correct : C. Five
5. Which is correct:
Correct : B. The penal statutes should be strictly followed or construed.
6. Which is not an ingredient in means rea:
Correct : D. All are correct.
7. Threatening to commit certain acts forbidden by Indian Penal Code is associated with which
one of the following?
Correct : C. Coercion
8. “Active concealment of fact” is associated with which one of the following ?
Correct : C. Fraud
9. Use of violence by a member of an assembly of five or more persons in furtherance of common object will constitute
Correct : D. Unlawful assembly
10. A contract implied by law is known as:
Correct : B. Quasi contract
11. Law directed by the Supreme Court shall be binding on all the Courts with the territory of India.
Here Courts means:
Correct : D. All Courts including the Supreme Court except a Bench of the Supreme Court which consists of all the judges of the Supreme Court.
12. A has grown a tree on his land. The branches of the tree are overhanging on the land of B.
under the law, B is entitled to:
Correct : D. Chop off the overhanging branches while ramming of his land and inform A about the same.
13. ‘Illegal’ means everything which:
Correct : D. All are correct.
14. The term ‘offence’ means:
Correct : C. Both (a) and (b)
15. A man is defined by Section 10 of the Code as a male human being of:
Correct : A. Any age
16. An idol of Lord Krishna is a temple is:
Correct : D. Not a person because no personality can be conferred on God.
17. Which one of the following is not a “public servant”?
Correct : C. Member of a panchayat assisting a Court of justice
18. An Indian citizen commits any offence out of India, he:
Correct : C. Can be prosecuted in India in any place in which he may be found
19. Under which of the following situations would Indian courts have jurisdiction? 1. Crime committed by an Indian in a foreign country 2. Crime committed by a foreign in India 3. Crime committed by a person on an Indian ship. Select the correct answer using the codes given below: Codes:
Correct : D. 1, 2 and 3.
20. Give correct response. A an Indian citizen commits murder in America and makes good his escape to India.
Correct : A. A can be prosecuted in India in any place where he is found because by virtue of Section 4 of I.P.C. the code has extra territorial application in case of offences committed by Indian citizen.
21. Give correct response. A, a Korean national commits murder of B, an English lady on an Indian Air Lines plane while on a journey from India to Japan.
Correct : B. A can be prosecuted in India in any place where he is found because Section 4 of the I.P.C. provides this the provisions of the code apply to any offence committed by any person on any ship or aircraft registered in India.
22. Point out incorrect response.
The following persons are exempted from the jurisdiction of criminal courts in India.
Correct : D. Alien enemy committing a crime unconnected with war e.g., theft.
23. Point out incorrect response.
The following persons are exempted from the jurisdiction of criminal courts in India.
Correct : D. The Prime Minister of India.
24. Which one of the following brings out the distinction between Section 34 and 149 of the IPC?
Correct : C. Section 149 creates a specific offence whereas Section 34 does not.
25. Assertion (A): X and Y had independently entertained the idea to kill Z. Accordingly each of them separately inflicted wounds on Z, who dies in consequence. X and Y are liable for murder with the aid of Section 34 IPC. Reason (R): When a criminal act is done by several persons in furtherance of common intention of all, each of such persons is liable as if the whole act is done by him alone. Of the above statements.
Correct : D. A is false but R is true.
26. To constitute an offence of criminal conspiracy, what is the necessary condition to be proved?
Correct : B. There must be an agreement of two or more persons to do an illegal act or to do a legal act by illegal means.
27. Which one of the following statements regarding Section 34 and 149 of the Indian Penal Code
is correct?
Correct : C. Section 34 enunciates a mere principle of liability and creates no offence while Section 149 creates a specific offence.
28. Section 34 of I.P.C. provides for liability based on common intention. Consider the following
situations: 1. The weapon used in the offence was found in A’s house. 2. A has procured the weapon of offence voluntarily to aid the criminal gang. 3. A was compelled under threat to his life to procure the weapon of offence. 4. The weapon was supplied on receipt of value of the weapon (sale). Which of the situation given above reflect (s) the correct ingredients with regard of Section 34?
Correct : C. 2 only
29. Section 34 of IPC:
Correct : B. Is a rule of evidence
30. The difference between Section 34 and Section 149 of Indian Penal Code:
Correct : C. That Section 34 requires active participation in action whereas Section 149 requires mere passive membership of the unlawful assembly
31. To establish section 34 of IPC
Correct : A. Common intention be proved but not over act be proved
32. Common intention under Section 34 implies:
Correct : A. Similar intention
33. When a criminal act is done by several persons is furtherance of common intention of all:
Correct : B. Each of such person is liable for that act in the same manner as if it were done by him alone
34. Under Section 34:
Correct : C. Physical presence is necessary for participation but not in all cases
35. For the application of Section 34, there must be at least:
Correct : A. Two persons
36. The difference between Section 34 and Section 149 is:
Correct : C. That Section 34 requires active participation in action whereas Section 149 requires mere passive membership of the unlawful assembly
37. When a criminal act is done by several persons in furtherance of common intention of all, each
one of them is liable:
Correct : A. As if it was done by each one of them in singular capacity
38. Common intention implies:
Correct : D. Presence of common knowledge.
39. Give incorrect response. The following are the requirements of the principle of joint liability under section 34 of the Penal Code:
Correct : C. Several persons must share the common intention, they may or may not participate in the commission of the act constituting the crime.
40. Give correct response. Common intention within the meaning of section 34 of the Penal Code means:
Correct : A. It implies a pre-arranged plan, prior meeting of minds, prior consultation in between all the persons constituting the group.
41. Give correct response. The principle of common intention within the meaning of section 34 of the Penal Code means:
Correct : C. Section 34 deals with the doing of several acts, similar or diverse by several persons ; if all are done in furtherance of the common intention of all each of such persons is liable for the result of them all, as if he had done them himself.
42. Give the correct response? When a criminal act is done by several persons in furtherance of common intention of all :
Correct : A. each of such person is liable for that act in the same manner as if it were done by him alone.
43. Give the correct response?
Correct : B. Sec. 34 is only a rule of evidence.
44. Under Sec. 34
Correct : A. Physical presence is necessary for participation but not in all cases.
45. A & B goes to murder C. A stood as guard with a spear in hand to facilitate murder of C by B
Correct : C. A and B are liable for murder only.
46. Before a man can he held liable under Sec. 34
Correct : C. Both (a) and (b).
47. Common intention under Sec. 34 :
Correct : C. Both (a) and (b).
48. Point out incorrect response. In Barendera Kumar Ghose Vs. Emperor, 52 I.A. 40, the appellant was charged under section 302 read with section 34 of the I.P.C. with the murder of a sub-postmaster. Sub-postmaster was counting money in the backroom. Several persons appeared at the door of the office and demanded the post master to give up the money and immediately afterwards fired pistols at him. Postmaster died immediately and the assailants fled in different directions without taking money. On of them was chased and caught with a pistol in his hand. It was not clear as to who fired the fatal shot. While holding the appellant liable for murder the Privy Council laid down the following principles:
Correct : D. Care must be taken not to confuse same or similar intention with the common intention.
49. Point out incorrect response. The following principles were laid down in Mahboob Shah v. Emperor 72 I.A. 148.
Correct : D. Even though a person has not done anything but was only standing where the crime was committed by his co-conspirators the rule is that ‘they also serve who only stand and wait.’
50. Give correct response. In J.M. Desat v. State of Bombay, A.I.R. 1960 S.C. 889, Mr. Desai was the Managing Director of a Dying Company, the company entered into a contract with the textile Commissioner undertaking to dye a large quantity of cloth. Out of the lot some were returned back to the commissioner by the company while others, even after repeated demand, remained undelivered. Therefore, the Managing Director was charged for an offence and he pleaded that the clothes were eaten up by white ants and that he was not personally responsible for damage done to them and their nondelivery.
Correct : D. The Managing Director would be liable under section 409 read with section 34 I.P.C. because physical presence is not necessary in offences involving diverse acts which may be done at different time and places.
51. What is the difference between Sc. 34 and 149?
Correct : A. While active participation is needed in Sec. 34 while not necessary in Sec. 149.
52. Give the correct response?
Correct : A. Sec. 34 needs active participation while Sec. 149 does not.
53. To apply Sec. 34 there must be at least :
Correct : A. 2 persons.
54. Several persons took part in beating a person which caused the death of that person:
Correct : A. All of them are guilty of causing murder.
55. There persons A, B and C went to a Post office, B & C entered the Post office and asked Post
Master to hand over Money. C fired pistol at him, he was shot dead.
Correct : B. All of them will be guilty of causing death.
56. A,B,C & D sent armed with guns to the house of K to commit robber. K being absent D with minor son of K went to the field where K was working . C stood a guard outside the house. A & B in the meanwhile shot dead two sons of K.
Correct : A. D is guilty of murder as well as robbery.
57. In the above stated case:
Correct : B. All of them (A,B,C&D) are guilty of causing death.
58. Four accused with common intention to kill M shot R in the bonafide befief that R was M.
Correct : A. All accused are guilty of causing death.
59. This Section 34 deals when all the person in doing of an criminal act has :
Correct : B. Common intention.
60. “Common intention” under Sec. 34 does mean:
Correct : A. Pre-concert of minds.
61. Give correct response. Eight dacoits attack a bank and take away currency notes of the value of 50,000 rupees. In the course of the dacoity, two of the dacoits shoot dead the cashier of the bank. A, B and C, three of the dacoits merely keep watch at the gate of the bank about 50 feet away from the scene of actual killing, and do not take part in the shooting of the cashier by their accomplices. The liability of A, B and C is as follows:
Correct : C. Since dacoity was committed in furtherance of common intention of all of them, therefore, A, B and C would be jointly liable for any act committed by any one of their group because the rule is that they also serve who only stand and wait. Dacoity involves violence, therefore, A, B and C would be liable for conjointly committing dacoity with murder.
62. Under Section 46 of IPC, death denotes
Correct : A. Death of a human being
63. Under section 65 of IPC sentence of imprisonment for non-payment of fine shall be limited to
Correct : B. One-fourth of the maximum term of imprisonment fixed for the offence.
64. Imprisonment for non-payment of fine shall terminate
Correct : C. Both (a) and (b)
65. X is a good swimmer He finds Y, a child of seven years of age, drowning in a canal. He could
have saved the child but did not do so. The child is drowned, X is guilty of:
Correct : A. No offence
66. A person who commits an offence in a state of voluntary intoxication shall be liable to be dealt with as if he had:
Correct : B. The same knowledge as he would have had if he had not been intoxicated.
67. A met with an accident and became unconscious. He was taken to the hospital by the police and there was none of identify him. The surgeon performed an operation on him to save him but A died. The police prosecuted the surgeon for murder on a complaint by A’s relative. Since it was an act done in:
Correct : C. Good faith and for the benefit of A, and it was impossible to get consent in time, the surgeon is not liable.
68. A an officer of a Court is ordered by the Court to affect the arrest of P. But believing Q to be P. He arrests Q A is guilty of:
Correct : B. No offence if after enquiries he arrested Q.
69. Consider the following statements: To justify as a defence to a charge of crime: 1. Irresistible impulse per se is no defence to a charge of crime. 2. Diminished responsibility is a defence to a charge of a crime. Which of the statements given above is/are correct?
Correct : A. 1 only
70. Assertion (A): X, because of unsoundness of mind, not knowing the nature of the act attacks Y, who in self-defence and in order to ward of the attack, hits him thereby causing him hurt. Y does not commit an offence. Reason (R): Y had a right of private defence against X under Section 98 of the Indian Penal Code. Of the above statements.
Correct : A. Both A and R are true and R is the correct explanation of A
71. What is the age of a child if he is to be exempted from criminal liability?
Correct : B. Below 7 years
72. Defence of Insanity is developed on which of the following?
Correct : B. Mc. Naughten’s Rules
73. Section 76 and Section 79 of IPC provide the general exception of:
Correct : B. Mistake of fact
74. A hangman who hangs the prisoners pursuant to the order of the court is exempt from
criminal liability by virtue of:
Correct : B. Section 78 of IPC
75. The expression ‘harm’ is used in Section 81 of the Indian Penal Code in the sense of:
Correct : B. Injury or damage
76. Homicide is justifiable as provided:
Correct : D. All of these.
77. If death of a major person is caused with his consent, suffers death or takes the risk of death with his known consent:
Correct : B. It is not a murder
78. An act will not be an offence, done by:
Correct : D. Accident or misfortune, without any criminal intention or knowledge of a lawful act in a lawful manner by lawful means, and with proper care and caution.
79. Nothing is an offence which is done by a person who a:
Correct : B. 6-year-old boy
80. Voluntary intoxication:
Correct : C. Is no excuse for the commission of an offence
81. Which is correct:
Correct : D. The right of private defence is available to all, irrespective of age and capacity.
82. Every person has a right to defend him:
Correct : C. And the body of any person, against any offence affecting the human body
83. Under Section 80, the exception of accident is available when an offence is committed while:
Correct : A. Doing a lawful act in a lawful manner by lawful means.
84. Section 82 of IPC enunciates
Correct : C. A conclusive or irrebuttable presumption of law
85. Section 84 of IPC provides for
Correct : B. Legal insanity
86. The defence of consent applies to
Correct : A. Private wrongs
87. The right of private defence is contained in
Correct : C. Section 96 of IPC
88. Right to private defence is:
Correct : C. Available where there is not time to have resource to the protection of public authorities
89. Right of private defence is not available.
Correct : A. To the aggressor
90. Right to private defence of the body extends to causing death has been dealt with under:
Correct : A. Section 100 of IPC
91. Section 97 of IPC extends the right of private defence of property, to the offence of:
Correct : C. Theft & Robbery
92. The extent to which the right of private defence of body causing death can be exercising is laid
down in
Correct : A. Section 100 of IPC
93. X while in the state of voluntary intoxication kills Z. prosecution fails to establish that X could
form an intention of a sober man. X is guilty of:
Correct : B. Culpable homicide not amounting to murder
94. Which of the following statements is correct?
Correct : C. Inevitable accident is both defence and denial of liability
95. Give correct response. In most of the defences, which a person being prosecuted for the commission of a crime, may plead, it is essential that the act alleged must have been done in good faith. Good faith means:
Correct : C. A reasonable and bonafide belief that the act done is not contrary to law and an act done with
96. Give correct response. A, the accused was an educated person living in a town where medical attendance was available, chained up his brother, who was suffering from periodical fits of violent insanity, for over three months in a unnecessarily cruel manner. Held that:
Correct : D. The accused did not act in good faith because he failed to exercise due care and attention in as much as he did not avail of the medical care, instead hastened to subject the victim to undue cruelty.
97. Sec. 76 says -- Nothing is an offence which is done by a person who is or who by reason of :
Correct : D. Mistake of fact in good faith believes himself to be bound by law to do it.
98. A an officer was ordered to arrest B, believing Z to be B, he arrest Z.
Correct : C. A has committed no offence by reason of mistake of fact under Sec. 76.
99. A soldier beats an innocent person by the order of his superior officer :
Correct : A. A is not entitled to get defence under Sec. 76.
100. Give incorrect response. The following are essentials of defence of mistake of fact under section 76 of the Penal Code:
Correct : B. Mistake may either relate to a fact or to law.