1. According to Sec. 79 -- “Nothing an offence which is done by any person who is justified by law and who by reason of mistake of fact in good faith believes himself to be :
Correct : B. Justified by law in doing it.
2. A attacked with sword B who was behind the bush believing B to be a tiger :
Correct : C. A is entitled to get benefit under Sec. 79.
3. Give the correct response?
Correct : B. Mistake of law in a criminal case is not defence.
4. The maxim ignorantia juris non excusat does mean :
Correct : D. Mistake of law is no defence.
5. Point out incorrect response. The following are ingredients of section 79 of the Indian Penal Code:
Correct : C. One must be legally bound to do that act and not only legally justified to do it.
6. Point out incorrect response.
The following are the ingredients of the defence of accident under section 80 I.P.C. :-
Correct : D. The act may be done with the knowledge of the consequences but in no case the act should have been done with criminal intention.
7. Give correct response.
In the following cases the defence of accident may successfully be claimed :
Correct : B. A big party consisting of about 100 men went out for shooting pigs. A boar rushed towards the accused who fired at her, but he missed the boar and shot struck the leg of a member of the party.
8. Give correct response.
A and his wife W went to have dinner with a friend. He carried his gun with him, and before going to dinner he discharged the gun and kept it in a private place in his friend’s house. A, then went to church after dinner and in the night returned home with his gun. He carried the gun in the room. He in taking it up touched the trigger and the gun went off and killed the wife. It was found that when A was away to church another man had privately taken the gun out to shoot and had returned it loaded to the place where it was put in the friend’s house. In this case :
Correct : D. A would not be liable because death was caused by accident as he had reasonable ground to believe that the gun was not loaded.
9. Point out incorrect response.
Mistake means and implies :
Correct : B. That the sense impressions of facts i.e., sense is known as erroneous.
10. Give incorrect response.
The following are the essential conditions of criminal liability.
Correct : A. Knowledge that the act is prohibited by law.
11. Point out incorrect response. The following are some of the illustrations of defence of mistake of fact:
Correct : C. A was charged for selling liquor to B, an intoxicated person who had given no indication of intoxication. There the statute made it an offence for any licensed person to sell any intoxicating liquor to any drunken person. A did not know that B was intoxicated.
12. Give correct response. A sees Z commit what appears to A to be murder. A in the exercise of the best of his judgment, exerted in good faith of the power which the law gives to all persons of apprehending murderers in the act seizes Z, in order to bring Z before the proper authorities, Later it was found that Z was acting in self-defence. Here:
Correct : D. A has committed no offence because he is entitled to the defence of mistake of fact under section 79 of the Penal Code.
13. The accused was convicted of bigamy having gone through ceremony of marriage within 7 years after she had been deserted by her husband. She believed in good faith that her husband was dead. In this case :
Correct : C. she cannot be convicted as she is mistaken by the fact.
14. The accused took an unmarried girl below the age of sixteen without her father consent in a
bonafide belief that girl was older than 16 :
Correct : A. As the tabbing in itself is unlawful and so cannot avail defence under sec. 79.
15. When the act in itself is wrongful the defence of mistake of fact cannot be availed. It was
held in an English case
Correct : A. R Vs. Prince.
16. Nothing is an offence which is done by :
Correct : C. Both (a) and (b)
17. Nothing is an offence which is done without any criminal intention and knowledge in the
doing of :
Correct : D. Unlawful act in a lawful manner by lawful means.
18. A is at work with hatch, the head flies off and killed a person
Correct : B. A is guilty of not taking proper caution and care.
19. Sec. 81 says that nothing is an offence of its being done with the knowledge:
Correct : C. Both (a) and (b).
20. Nothing is an offence of its being done with the knowledge that it is likely to cause harm,
without any criminal intention and in good faith :
Correct : D. To avoid and prevent harm to other person and property.
21. Give the correct response?
Correct : C. Both (a) and (b).
22. Mens Rea is an essential element in every offence except in :
Correct : D. All of these.
23. A&B, swimming in the sea after ship wrecked, got hold of a plant not large enough to
support both. A pushes of B who is drowned. In this case of B who is drowned. In this case :
Correct : B. A cannot take the defence under this Sec.
24. A man in order to escape death from hunger kills another for the purpose of eating :
Correct : A. He is guilty of murder.
25. A Bus driver suddenly without any fault or negligence on his part finds himself in such a position that before he can stop the bus he will run down a school children metador unless he incur the risk of turning the bus running down a Rickshaw poles. He choose second option
Correct : A. He is not guilty as he has good defence under Sec. 81.
26. Point out incorrect response.
The following are ingredients of the defence of necessity under section 81 of the Penal Code :
Correct : D. The act must be one done neither with the intention to cause harm nor with the knowledge to cause harm.
27. Give incorrect response. The defence of necessity will be available in the following cases :
Correct : B. A placed poison in his toddy pots knowing that if taken by a human being it would cause injury, but with the intention of thereby detecting an unknown thief who was in the habit of stealing the toddy from his pots. The toddy was drunk by soldier who purchased it from an unknown vendor.
28. Give best response. A voted before he has attained the age of majority prescribed for exercising the right of franchise, believing that he was of age. Here:
Correct : B. A has committed no offence, he can plead mistake of fact in his defence as he believed in good faith to be of age.
29. Give correct response.
A, the accused was beating B with his fists, when the latter’s wife with a baby on her shoulder interfered. A hit the woman but the blow struck the child on his head resulting in death. Held :
Correct : D. No doubt the child was hit by accident but the act of A was not a lawful act being done in lawful manner by lawful means, therefore, he would be liable.
30. Give correct response. A, in a great fire, pulls down B’s house in order to prevent the conflagration from spreading. He does this without the intention, in good faith, to saving human life or property. In this case :
Correct : D. A would not be liable because he has pulled down B’s house in order to prevent the conflagration from spreading i.e. the act was done in good faith for the purpose of avoiding greater harm to person or property : the rule is that causing of lesser evil is justified to avoid greater evil.
31. Give correct response. A, B and C three adults and D a boy were on a voyage in an open boat. They had no food after about 18 years of journey. C proposed to B and A to sacrifice the boy so that they may feed upon ut B did not agree. On 20th day C with the consent of A only killed the boy and all the three fed upon the boy for four days when they were picked up. It was found that the boy was in a weaker condition and was likely to die before others and also if the men would not have fed upon the boy, hey would not have survived. Held that:
Correct : A. A, B and C would be liable for murder of the boy because self-preservations not an absolute necessity and there can be no necessity that justifies homicide.
32. Give correct response.
Section 83 of the Indian Penal Code deals with the defence of infancy. It provides that :
Correct : A. A child who is above 7 but below 12 years of age is deemed to be doli capax and he would not
33. Point out incorrect response. The M’ Neghten Rules relating to the defence of insanity provide :
Correct : D. Where the criminal act is done under insane delusion as to the surrounding facts which conceal from him the true nature of the act he is doing he would not be under the same degree of responsibility as he would have been on the facts as he imagined them to be.
34. Nothing is an offence which is done by a child under S.82
Correct : C. 7 years of age.
35. Give the correct response
Correct : C. Both (a) and (b).
36. A child of 11 year stolen a neckless worth Rs. 1000 and sold it in Rs. 5/-
Correct : B. He is guilty of committing theft.
37. Nothing is an offence which is done by a child, who has not attained sufficient maturity of
understanding to judge of the nature of his conduct and consequence. This provision applies to children of age group of :
Correct : B. 7-12 years.
38. Under Sec. 84 a person is exonerated from liability for doing an act on the ground of
unsoundness of mind :
Correct : C. At the time of doing.
39. A person is exonerated from liability for doing an act on the ground of unsoundness of mind
if he is either incapable of knowing:
Correct : C. Both (a) and (b).
40. Nothing is an offence which is done by a child above the age of seven years and below the
12 years and who :
Correct : C. Has not attained sufficient maturity of understanding the nature and consequence of his conduct.
41. Point out incorrect response.
The following are the ingredients of section 83 I.P. Code.
Correct : A. An act done by a child above 7 years but under 12 years of age.
42. Give correct response. A married girl, Sudha aged about 10 years slept in the night with her mother-in-law. Her husband Vinay aged about 19 years slept with his brother in another hut but in the same homestead. In the early hours of the fateful day the mother-in-law woke Sudha and told her to go about her household duties. Shortly after this Sudha was seen running out of the house and her husband was found mortally wounded on the neck by her. She was hiding herself in a field and could be found only in the afternoon.
Correct : A. Sudha was doli capax as it could be inferred from the case, therefore, she was liable unless proved to be doli incapax.
43. A person cuts of the head of sleeping person because it would be great fun to see him
looking for it when he woke up. He is :
Correct : A. Entitled to get benefit of see. 84.
44. An accused on being commanded in his dream by some one to kill his wife as being a
denial, into the head of his wife. He is :
Correct : A. Entitled to the benefit of Sec. 84 IPC.
45. Give the correct response.
Correct : C. Both (a) and (b).
46. A man suddenly murdered his wife and sister in law and he made no attempt to run away.
This case :
Correct : D. Does not fall within Sec. 84 because absence of motive does not imply unsoundness of mind.
47. Give the correct response:
Correct : C. Legal insanity under Se. 84 meant the person’s consciousness of the bearing of his acts on those affected by it.
48. A person suffering from fever killed his children as being annoyed at their crying. He :
Correct : C. Is not entitled to the benefit of Sec. 84 because he knows the nature of act.
49. Give the correct response :
An intoxicated person is exonerated from liability of his acts provided
Correct : C. Both (a) and (b).
50. Voluntary drunkenness is an excuse in case :
Correct : C. Both (a) and (b).
51. The accused ravished a girl of 13 years in furtherance of the act of rape placed his hand
upon her mouth thereby causing death by suffocation. The sole defence was a plea of drunkenness.
Correct : C. Accused is not entitled to the benefit of Sec. 85.
52. In the above stated case the accused
Correct : A. Is guilty of rape and murder unless it is established that at the time doing he was so drunk that he
53. A drunken person killed his uncle. It was established that he was in such a state of
intoxication, incapable of forming specific intent to kill. He is:
Correct : A. Guilty of Culpable homicide not amounting to murder.
54. In the above stated question the person is guilty of culpable homicide not amounting to
murder because in this case
Correct : A. 86 protect to assume specific intent.
55. An accused committed murder without any motive under the epileptic fit . He :
Correct : B. Is entitled to get benefit under Sec. 84.
56. Point out incorrect response.
The following are the ingredients of the defence of unsoundness of mind under section 84 I.P.C. :
Correct : C. A person must be suffering from some defect of reason whether it is because of some disease of mind or otherwise at the time of commission of the crime.
57. Point out incorrect response. Indian law relating to drunkenness as defence may be summed up in the following propositions :
Correct : C. Where actual knowledge exists it gives rise to an inference of presumed intention so as to make voluntary drunkenness an excuse.
58. In cases where an act is not an offence unless done with particular knowledge and intents a person who does the act in state of intoxication shall be liable to the be dealt as if he :
Correct : B. Had the same knowledge as he would have had if he had not been intoxicated.
59. The above stated provision applies to the person who :
Correct : C. Is intoxicated by someone without his knowledge and intent.
60. Give incorrect response.
In order to avail the defence under section 87 of the I.P.C. the following conditions must be fulfilled:
Correct : D. Section 87 does not fix any age of the person consenting but section 90 says that consent in order to be valid must be of a person who is above 12 years, therefore, under section 87 also person giving consent must be above 12 years and not 18 years.
61. Give correct response. A was charged with the murder of his wife, takes the defence of insanity and in the alternative of being drunk at the time of commission of the crime and being thus incapable of forming the intent
required in murder. It is also pleaded in defence that the accused was a psychopath. The evidence further discloses that the accused had indicated an intention to kill his wife before taking alcohol. Here :
Correct : A. A is liable for murder, because the rule is that if the accused had been too drunk to form an intention to kill or do grievous bodily harm, he would, nevertheless have been guilty of manslaughter, either because he intended to commit a battery upon his wife or else because he would have been guilty of gross negligence.
62. Give correct response. A was charged with the murder of a boy aged 15 or 16 years who had accompanied him to a wedding party. A was drunk at the time he fired the fatal shot, when he asked the boy to step aside to enable him to occupy a convenient seat but the boy did not move. In this case it was held that :
Correct : C. A would be liable because the rule is that we must attribute to the intoxicated person the same knowledge as if he was quite sober, but so far as the intent is concerned we must gather it from the attending circumstances of the case with due regard to the degree of the intoxication.
63. Give correct response. A girl of 13 years while going to the market passed through the gate of a mill where B was the only watchman on duty. B in a bid to commit rape caught the girl. She struggled but the accused shut her mouth and pressed the thumb of the other hand on her throat to prevent her from screaming. The girl died. The accused was tried for murder. B pleaded intoxication in his defence. It was held that :
Correct : C. B was liable for murder because the capacity of the mind of the accused to form the criminal intent which murder involves was to be explored in relation to the ravishment and not in relation to the violent acts which gave effect to the ravishment.
64. Give correct response. A, a surgeon knowing that a particular operation is likely to cause the death of Z, who suffers under the painful complaint but not intending to cause Z’s death and intending in good faith Z’s benefit performs that operation on Z with Z’s Consent :
Correct : C. A would not be liable for any offence because the death was caused while performing an operation which act was done with the consent of Z, in good faith, for his benefit and without any intention to cause death.
65. Give correct response. A, the accused who professed to be a snake-charmer, persuaded D, the deceased to be bitten by a poisonous snake, by inducing him to believe that he has power to protect him from harm :
Correct : D. A was liable because the consent was not a valid one as it was given under a misconception of fact i.e., in the belief that accused had power by charms to cure snake bites and the accused knew that the consent was given inconsequence of such misconception.
66. Give best response. Z is carried off by a tiger. A fires at the tiger knowing it to be likely that the shot may kill Z, but not intending to kill Z and in good faith intending Z’s benefit, A’s bullet gives Z a mortal wound:
Correct : B. A is not liable because he is entitled to the defence under section 92. In this case the act was done in good faith for the benefit of the child (i.e. to save him from being taken off by the tiger) the likelihood of the harm was known but was not intended.
67. Give correct response. A is in a house which is on fire, with Z, a child. People below hold out a blanket, A drops the child from the house top, knowing it to be likely that the fall may kill the child, but not intending to kill the child, and intending in good faith the child’s benefit. The child is killed by fall, Held that :
Correct : C. A has committed no offence, because A dropped the child to save him from being killed by fire, the act being done in good faith and intending child’s benefit without any intention to harm him.
68. Give the correct response.
Correct : B. Sec. 88 allows any harm to be inflicted for his benefit in good faith by anyone with the consent of other.
69. A person attacked by lion in a jungle asked his friends to fire. They fired and one bullet hit
that person.
Correct : C. They are entitled to get benefit.
70. Under Section 88 the age of consenting party shall be :
Correct : B. At least 18 years.
71. A VADHYA not qualified as medical practitioner perform a major operation with the consent
of that person :
Correct : A. He is not entitled as such vadhya can hardly be said to act in good faith.
72. Give the correct response
Correct : C. Both (a) and (b).
73. Give incorrect response.
In order to avail the defence of section 88 I.P.C. :
Correct : A. Act must be done in good faith and without ay intention to cause death or to cause any harm as may result in death.
74. A in good faith for his minor girl’s benefit without her consent, had her hair cut for the
removal of stone by the surgeon.
Correct : B. A is within the exception.
75. Point out incorrect response. The following cases are covered by the exception from criminal liability as contained in section 89 I.P.C. :
Correct : B. A, in good faith, for his child’s pecuniary benefit emasculates his child.
76. Section 89 empowers the guardian to consent to the infliction of harm in good faith and of
the benefit of :
Correct : B. An infant under twelve years of age.
77. Acts which are offences independently of any harm which they may cause will not be
covered by consent under general exception as for example:
Correct : D. all of these.
78. Causing miscarriage with common consent or her guardian’s consent is:
Correct : B. Not justified.
79. Give the correct response
Correct : C. Both (a) and (b).
80. Give incorrect response. Section 90 I.P.C. lays down that in following cases consent shall not be a valid consent :
Correct : C. If the consent is given by a person who is under 18 years of age.
81. Word Benefit used in Sec. 88, 89 and 90 IPC means :
Correct : C. Other as well as pecuniary benefit.
82. Point out incorrect response. The principle underlying section 91 I.P.C. is that consent will only condone the act causing harm to the person giving the consent, which will otherwise be an offence. Acts which are offences independently of any harm which they may cause will not be covered by consent given by the sufferer. Some instances of such acts are :
Correct : C. Mischief.
83. Communication made is no offence by any harm to the person if it is made:
Correct : C. Both (a) and (b).
84. A surgeon in good faith told his patient that he cannot live. Patient dies in consequence of
the shock.
Correct : A. He is within the exception.
85. Give correct response. A, a surgeon in good faith, communicates to a patient his opinion that he cannot live. The patient dies in consequence of the shock:
Correct : C. A has committed no offence because the communication was made in good faith, and for the benefit of the patient.
86. Under Sec. 94 a person is not liable for any act done under :
Correct : C. Fear of instant death.
87. Give the correct response?
Correct : B. A person is excused for any act done under fear of death murder and offences against the state publishable with death.
88. Under Sec. 94. A person is excused for any act done under fear of death except :
Correct : D. Murder and offences against the state punishable with death.
89. Give the correct response
Correct : C. Both (a) and (b).
90. De minimus non curet let does mean :
Correct : C. The law takes no account of trifles.
91. Which is/are trifles under Sec. 95 IPC ?
Correct : C. Both (a) and (b).
92. Which one of these acts are not regarded as trifle matters under Section 95
Correct : D. None of the above.
93. Give the correct response :
Correct : C. Both (a) and (b).
94. Give the correct response
Correct : D. All of these.
95. Give the correct response :
Correct : D. None of the above.
96. Every person has right to defend
Correct : B. His own body and body of other person against any offence affecting the body.
97. Every person has right to defend:
Correct : C. Moveable as well as immoveable property.
98. Every person has the right to defend the property of himself or of any other person against
the attempts and :
Correct : D. Acts of theft, robbery, mischief and criminal trespass.
99. If a person goes with a gun to kill another:
Correct : B. The intended victim has the right of private defence.
100. A man was cutting the throat of his wife, their son shot and killed the father: