Quiznetik

Indian Penal Code (IPC 1860) | Set 4

1. Fight under Section 159 of IPC signifies:

Correct : A. Two opposite parties actively involved

2. For an unlawful assembly under Section 141 of IPC, the minimum number of persons required is:

Correct : A. Five

3. Give correct response. The title to the plot no.125 Civil Lines. Allahabad had vested in the adopted son B, but the estate was managed for him by three ladies X, Y and Z, who appointed a manager who created a riot apparently to promote his own ends. In this case:

Correct : C. X, Y, Z the three ladies were liable under section 154 I.P.C. because the estate was managed by them and they had appointed the manager.

4. Give incorrect response. An unlawful assembly is an assembly of five or more persons if the common object of the persons composing that assembly is:

Correct : C. By means of criminal force, or show of criminal force to compel any person to do what he is legally found to do or to omit to do what he is not legally entitled to do.

5. Point out incorrect response. Common object within the meaning of Section 149 means :

Correct : D. No person can be punished only by virtue of his membership of the unlawful assembly, some act or participation in crime in some form by him is necessary

6. Give the correct response?

Correct : B. Sec. 149 does create specific offence.

7. To apply Sec. 149 :

Correct : A. A person should be a member of unlawful assembly.

8. Sec. 149 has the following essentials:

Correct : C. Both (a) and (b).

9. Under Sec. 149 if any offence is done by any member of unlawful assembly in furtherance of common object :

Correct : C. All of them will be guilty of that offence.

10. Sec. 149 speaks of :

Correct : A. Common object.

11. To apply Sec. 149 there must be at least :

Correct : C. Five persons.

12. “In prosecution of common object” -- this phrase does mean :

Correct : A. During the prosecution of the common object of unlawful assembly.

13. Six persons were charged under Sec. 302/ 149 IPC -- two were acquitted, the remaining four cannot be convicted under :

Correct : B. Sec. 149.

14. In the above said question the remaining four persons :

Correct : A. Cannot be convicted under Sec. 302/149 IPC.

15. Give incorrect response. The following are the essentials of an unlawful assembly:

Correct : B. There must be more than five persons to constitute an unlawful assembly.

16. Point out incorrect response. An assembly of five or more persons is designated an “unlawful assembly” if the common object of the persons composing that assembly is :

Correct : C. To overawe by criminal force, or show of criminal force the union judiciary or the judiciary of the state, or any public servant in the exercise of the lawful power of such public servant.

17. An assembly is unlawful if--

Correct : C. Both (a) and (b).

18. An assembly is unlawful if it consisted of five or more persons & the common object of that assembly is

Correct : D. All of these.

19. Give the correct response.

Correct : C. Both (a) and (b).

20. It is an lawful assembly -------------- Where five or more person assembly forming by force a right

Correct : B. Which they bona fide believe they do not possess.

21. An assembly ---------

Correct : B. Can become unlawful for subsequent acts of its member.

22. Give the correct response

Correct : B. An assembly can become unlawful by subsequent acts of its members.

23. For being a member of unlawful assembly -------

Correct : A. The person knows the common object of assembly.

24. A person a member of unlawful assembly was armed with deadly weapon while other’s were not.

Correct : C. The enhanced punishment can be inflicted only on that particular member.

25. Give the correct response

Correct : A. Rioting is an unlawful assembly in a particular state of activity.

26. Give the correct response

Correct : C. Both (a) and (b).

27. The following are the essentials of the offence of rioting --

Correct : D. All of these.

28. Give the correct response?

Correct : D. None of the above.

29. Where on a sudden quarrel three of accused actually & other two only kept abusing to the deceased’s:

Correct : A. Only three who joined assault are guilty of rioting.

30. Several Hindu acting in convinance , forcibly removed an ox & two cows from the possession of Mahomeden for the purpose of preventing the killing of cows

Correct : C. They are guilty of rioting.

31. When two opposite faction commit a riot, then both parties may be treated as ____

Correct : D. Can’t be as their object can’t be same.

32. Give the correct response.

Correct : C. Both (a) and (b).

33. Give the correct response

Correct : B. So 149 does creates specific distinct offence.

34. To apply Section 149 I.P.C.

Correct : D. There must be commission of an offence by any one of the members of assembly.

35. Give the correct response The Section 149 has the following essentials --

Correct : A. Such offence must have been committed in prosecution of the common object of Assembly.

36. When a member of an unlawful assembly is to be constructively found guilty of an offence, he must commit same offence of which the principle is convicted and not some other offence this statement is --

Correct : B. Correct.

37. Give the correct response.

Correct : C. Both (a) and (b).

38. It is possible to convict three out of five members of assembly even if---

Correct : C. Two members could not be convicted because of un-identification.

39. Where a small compact body of men armed with lathis and headed by a person carrying Gun, endeavour to take forcible possession of a land, in the fight one person is shot dead by the head. They all were held guilty of murder the decision of court ------

Correct : B. Is justified.

40. Where a compact body of persons armed with clubs headed by a man carrying a gun endeavored to take forcible possession of land one of the opponent was shot dead by their head :

Correct : A. All of them are guilty of murder.

41. In a faction ridden at large fight ensured, in the course of which one wounded person A & retired to the side of Road. Later a man was killed :

Correct : A. A is not guilty of murder as he ceased to be member of unlawful assembly.

42. Some persons (more than five) killed a person but only three could be arrested

Correct : D. They can be convicted under sec. 302/149.

43. Mere presence at the scene :

Correct : A. Does make the member of unlawful assembly if he shared the common object of unlawful assembly.

44. Some peoples collected outside the police station to protest over police inaction in connection with the murder of child. They were charged as committing criminal trespass.

Correct : A. They cannot be held liable as such persons do not form unlawful assembly.

45. In a sudden free fight between groups one person died:

Correct : A. Only that person will be liable for causing death who did it as without any pre-mediation death cannot be the object of assembly.

46. Five persons went to the house of K armed with clubs to beat K. Among those one A was carrying a pistol concealing it underneath his clothes. During beating A fired a shot resulting death of K. In such case

Correct : C. Only A Will be liable causing death.

47. Unlawful assembly is an offence against:

Correct : B. The Public tranquility

48. Unlawful assembly consists of five or more persons whose common object is:

Correct : B. To commit any mischief with criminal force

49. Which is not an offence against the public tranquility?

Correct : D. Assault.

50. The punishment for rioting is:

Correct : A. Two years

51. When two persons, by fighting in a public place, disturb the public peace, they re said to commit:

Correct : A. An Affray

52. Assertion (A): One of the most difficult tasks in attempt cases has been to find out the dividing line between preparation and attempt. Reason (R): Shooting at the shadow sufficiently near a person as to put him in danger is attempt to commit murder. Of the above statements.

Correct : A. Both A and R are true and R is the correct explanation of A

53. Assertion (A): A person compelled by threats, from another, which reasonably cause apprehension of his instant death, commits murder of the third person, can plead the defence of compulsion. Reason (R): Consent of the deceased (above 12 years) is a defence to the charge of murder if the act causing death is done in good fait for the benefit of the deceased without intention to kill. Of the above statements.

Correct : D. A is false but R is true.

54. X is charge for murder of Y. About a month before the murder Y had attempted to rape the wife of X, X has an altercation with Y immediately before murder X is:

Correct : C. Not entitled to right of private defence since there was an interval of one month between attempted rape and the murder.

55. X, with the intention to kill Y, supplies him powdered sugar beliving it to be poison. Y eats the powder. X is guilty of:

Correct : B. Attempt to commit murder

56. With an intention to cause bodily injury, A hit B with a lathi. He gave six blows, one of which hit B on his head as a result of which B died after 20 days. A guilty of:

Correct : C. Grievous hurt

57. X, with the intention to cause miscarriage, administered a drug to a pregnant lady Y. the child in the womb died. X is guilty of:

Correct : D. Causing miscarriage.

58. X, with the intention to kill Y, supplies his a poisoned apple. Y discovers that the apple is poisoned and gives it to a minor child to eat. The child eats it and dies. In this case:

Correct : D. X is guilty of attempt to murder and Y is guilty of murder.

59. X intending to kill Y by poisoning purchases poison and mixes the same with a glass of milk. He gives the glass to Z to serve it to Y. Z drinks the milk and dies. Which one of the following statements is correct in this context?

Correct : D. X commits the offence of murder.

60. The distinction between culpable homicide and murder is based on:

Correct : A. Exception given in Section 300 of Indian Penal code.

61. A, on grave and sudden provocation from Z, fires a pistol at Z, does not die, A is guilty of L:

Correct : C. Attempt to commit culpable homicide.

62. T instigates C, a child under seven years of age to do an act which can cause X’s death. In consequence of this C cause X’s death in absence of T. With reference to the above statement” Assertion (A): T is liable for murder of X, even though the actual act has been committed by an infant. Reason (R): The liability of the abettor depends upon the capability and knowledge or intention of the person abetted. Of the above statements.

Correct : C. A is true but R is false

63. Assertion (A): X and Y independently intending to kill Z strike him with iron rod on his head. Z dies as a result of the injuries. Both X and Y are guilty of murder under Section 302/304, Indian Penal Code. Reason (R): When a criminal act is done by several person in furtherance of common intention of all, each of them is liable as if it was done by him alone.Of the above statements.

Correct : D. A is false but R is true.

64. Assertion (A): X and Y sitting on the bank of a river suddenly start fighting, and X throws Y into the river Y starts shouting and request Z, a vendor on river bank, to save him, Z though knows swimming does not pay heed Y drowns. Z is not liable. Reason (R): People must guard against reasonable probabilities but they are not expected to guard against fantastic possibilities. Of the above statements.

Correct : C. A is true but R is false

65. ‘A’ instigates B to cause grievous hurt to X. In consequence of the instigation B causes grievous hurt to X. X dies in consequence. A is guilty of abetment of:

Correct : A. Murder if A knew that the grievous hurt abetted was likely to cause death.

66. Which one of the following is not punishable under the Indian Penal Code?

Correct : B. Preparation to commit murder.

67. A scarified his son before his Goddess who according to him appealed him in dreams and asked for the sacrifice. On being charged for murder he set up the plea of unsoundness of mind. Can his plea be sustained?

Correct : B. No, because he knew the nature of what he did or what he did was wrong, or contrary to law.

68. P was picked up by a gang of robbers in a car from the street. He was given a revolver and asked to shoot at M. When P resisted, a revolver was put on his ear and he was told that if he did not shoot, he would be shot dead. Then P shot M dead. On a charge of murder, P argued that his act was not voluntary nor was there mens rea. P is guilty of:

Correct : D. Murder.

69. Section 300 of the IPC speaks of situations in which if a murder is committed, then it is treated as culpable homicide not amounting to murder. Which one of the following situations is not covered under S. 300, IPC?

Correct : C. Exercise of legal powers

70. X, a woman, who ran to a well stating that she would jump into it, was caught before she could reach it. Which one of the following statements is correct in this regard?

Correct : A. She is not guilty of an attempt to commit suicide although she intended to do so and prepared to carry out that intention yet she might have changed her mind.

71. X knows that Y is suffering from enlarged spleen. H gives Y a first blow which ruptures the spleen and cause his death. X being a doctor knows that a moderate blow on that region would rupture the spleen and is likely to cause Y’s death. What is X guilty of?

Correct : B. Murder as X knew that his act is likely to cause death of Y to whom the injury was inflicted.

72. In which one of the following cases did the Supreme Court of India strike down Section 303 of IPC as unconstitutional?

Correct : D. Mithu Vs. State of Punjab.

73. X instigates Y to murder Z. Y in pursuance of the instigation stabs Z who recovers from the wound. Which one of the following statement is correct?

Correct : B. Y is guilty of attempt to murder and x is guilty of abetment of murder.

74. X with the intention of causing death of Y instigates a child below 7 years of age to mix poison in the food of Y in the absence of X. Y takes the food and dies. What is X guilty of?

Correct : C. Murder

75. A is at work with a hatchet: the head flies off and kills a man who is standing by. What offence is committed by A in this situation?

Correct : C. A has committed no offence as it was an accident.

76. The statement “all murders are culpable homicide but all culpable homicide is not murder” is”

Correct : A. True

77. Culpable homicide is described in:

Correct : C. Section 299 of IPC

78. Which section of IPC defines murder?

Correct : C. Section 300

79. If two parties of men armed with deadly weapons deliberately enter into an unlawful fight and death takes place:

Correct : B. It is murder

80. Which section of IPC deals with homicide by negligence?

Correct : C. Section 304A of IPC

81. Dowry death is described in section of IPC:

Correct : B. Section 304B of IPC

82. Section 304 of IPC explain:

Correct : B. Punishment for culpable homicide not amounting to murder

83. Culpable homicide is causing death:

Correct : D. All are correct.

84. Which is correct?

Correct : C. Both (a) and (b)

85. X with the intention of causing Z’s death gave him a severe blow on his head. Z became unconscious. X believing Z to be dead and with a view to fabricate the evidence, throws X into a pond. It was found that Z died because of drowning. X is guilty of:

Correct : B. Committing murder

86. X having sufficient food does not provide some food to a beggar who dies of hunger. X is guilty of:

Correct : D. None of the above.

87. Culpable homicide is not murder if it is committed:

Correct : B. With the consent of the victim who has completed 18 years of age

88. Culpable homicide is not murder, if it is committed under:

Correct : A. Grave and sudden provocation

89. Culpable homicide is not murder if the accused is deprived of power of self control by:

Correct : A. Grave and sudden provocation by the deceased

90. Culpable homicide is not murder if:

Correct : C. The victim being above the age of 18 years takes the risk of death with his own consent

91. Section 304-A does not apply to the case(s) of:

Correct : C. Both (a) and (b)

92. A mental pain is:

Correct : B. Not covered under the offence of simple hurt.

93. Dislocation of tooth is a :

Correct : B. Grievous hurt assault

94. Offence of simple hurt is made out:

Correct : D. All of the above.

95. Whoever voluntarily obstructs any persons, so as to prevent that person from proceeding in any direction in which that person has a right to proceed is guilty of:

Correct : A. Wrongful restraint

96. Criminal force implies:

Correct : B. Battery

97. A picks up a revolver and pointing towards B says “I will shoot and kill you”. It amounts to:

Correct : A. Criminal assault

98. What is age of minor with regard to the offence of kidnapping?

Correct : C. Under sixteen years of age, if a male, and under eighteen years of age, if a female.

99. Which is not essential for the offence of kidnapping?

Correct : B. Intention of the accused

100. The person abducted should be:

Correct : C. Minor or major