1. Z takes away a golden chain of his wife which was given by her father as Stridhan, without
her consent, and pledges it to raise money for domestic use. Z is
Correct : C. Guilty of theft
2. A, a police constable, used third-degree measures against a person on the order of his superior officer. As a result of this torture, the person lost one of his eyes. Which one of the following shall be the ground of defence to succeed in acquitting the accused constable?
Correct : D. Torture was committed on account of fear of instant death.
3. Against which one of the following offences, does the right of private defence of property
extend to the voluntary causing of death?
Correct : C. Robbery
4. Nothing is an offence which is done by a person who is a
Correct : B. 6-years-old boy
5. Voluntary intoxication.
Correct : B. Is a weak defence to a criminal charge
6. Good faith within the meaning of the Indian Penal Code means
Correct : A. An act done with due care and attention
7. A, a surgeon, in good faith communicates to a patient, his opinion that he (patient) cannot
live. The patients dies in consequence of the shock. A is guilty of
Correct : D. No offence
8. Criminal conspiracy is an agreement between two or more persons to
Correct : B. Do or cause to be done an illegal act, or an act which is not illegal by illegal means.
9. Some militants are hiding in a house occupied by an individual. Militants are engaged in an attack on the police party by firing from the house. The police persons, to defend themselves, fire towards the house and an innocent person in the house is hit by the bullet and dies as a result. The police persons are guilty of
Correct : A. No offence
10. A, intending to cause theft instigates B, to take property belonging to Z out of Z’s possession. A induces B to believe that the property belongs to A. B takes the property out of Z’s possession in good faith, believing it to be A’s property. With reference to the above statement Assertion (A): A is guilty of abetment of theft even if B is innocent. Reason (R): Liability of abettor is not dependent on the liability of the principal accused. Directions:- the following item consist of two statements, one labeled as Assertion A and the other labeled as Reason R. You are to examine these two statements carefully and decide if the Assertion A and the Reason R are individually true and if so, whether the reason is a correct explanation of the Assertion. Select your answers to these items using the codes given below and mark your answer sheet accordingly.
Correct : A. Both A and R are true and R is the correct explanation of A
11. Y owed some money to X. X the bullock of Y grazing by the side of a stream and kept it tied in his own house. When Y asked him to release the bullock, X told him that he would do so when the money was paid. X is guilty of
Correct : D. Theft
12. A by putting Z in fear of grievous hurt dishonestly induces Z to sign or affix his seal in a blank paper, and delivers it to A. Z signs and delivers the paper to A. A has committed.
Correct : D. Extortion
13. A threatens to publish a defamatory libel concerning Z unless Z gives him money. He thus
induces Z to give him money. A has committed the offence of
Correct : B. Extortion
14. X and his four associated attempted to commit theft at the place of Y and caused hurt to Y. They were forced to retreat without collecting the booty because of stiff resistance by the inmates. They are guilty of
Correct : D. Dacoity
15. X and Y agreed to commit murder of Z by poisoning and Y was to procure poison, but he did not procure it. X and Y are guilty of
Correct : A. Abetment of murder by conspiracy
16. Consider the following statements:
1. In conspiracy, it is in the fact of combination that the unlawfulness resides. Combination to injure gives cause of action 2. Where the element of combination is absent, the motive is immaterial 3. Combination for legitimate promotion of their interest give no cause of action Which of the above statements are correct?
Correct : D. 1, 2 and 3
17. X sees Z committing what appears to X to be a murder. X in exercise, to the best of his judgement, exerted in good faith, of the powers, which the law gives to all persons of apprehending murderers in the act, seizes Z in order to bring Z before proper authorities. But it turns out that Z was acting in exercise of his right of self defence. X is guilty of
Correct : A. No offence
18. X a surgeon, amputates the right hand index finger of Y a 14 year old beggar, with Y’s consent, and in good faith that this would enable Y to get more alms. In this case
Correct : D. X is not exempted from criminal liability as the act done was not in good faith within the meaning of Indian Penal Code.
19. X having sufficient food does not provide some food to a beggar who dies of hunger. X is
guilty of
Correct : A. No offence
20. Assertion (A): A servant removes wrist watch from the table and keeps it concealed under the carpet in the same room for fear of being detected. He is guilty of theft. Reason (R): To be guilty of the offence of theft, a person must move and take away the property stolen. Directions: - the following item consist of two statements, one labeled as Assertion A and the other labeled as Reason R. You are to examine these two statements carefully and decide if the Assertion A and the Reason R are individually true and if so, whether the reason is a correct explanation of the Assertion. Select your answers to these items using the codes given below and mark your answer
Correct : A. Both A and R are true and R is the correct explanation of A
21. For abetment by conspiracy
Correct : B. Some act or illegal omission must take place in pursuance of an engagement between two or more persons to do an unlawful act.
22. The India Penal Code came into effect from
Correct : C. 6th October, 1860
23. The Indian Penal Code is extended to :
Correct : B. Whole of India except the State of J&K
24. Who prepared the draft of Indian Penal Code:
Correct : C. Lord Macaualy
25. The Indian Penal Code is divided into :
Correct : A. XXIII Chapters & 511 Sections
26. The jurisdiction to try a person for an offence depends upon, under the General Principle of
Criminal Law is :
Correct : B. Place of commission of crime, within local area of such jurisdiction
27. The motive under section 81 of IPC should be:
Correct : D. either (a) or (b).
28. ‘Infancy’ as an exception has been provided under:
Correct : C. section 82
29. Section 82 of IPC provides that nothing is an offence which is done by a child under:
Correct : B. seven years of age
30. Section 82 of IPC enunciates:
Correct : C. a conclusive or irrebuttable presumption of law
31. A person is stated to be partially incapax under section 83, IPC if he is aged:
Correct : A. above seven years and under twelve years
32. Section 83 of IPC lays down:
Correct : B. an inconclusive or rebuttable presumption of law
33. Section 82 of IPC lays down the rule of:
Correct : A. wholly incapax
34. Under section 82 & section 83 of IPC an offence is punishable if it is done by a child:
Correct : C. of above seven years of age but below twelve years having attained sufficient maturity and understanding
35. Which of the following pair is not correctly matched:
Correct : C. Insanity – Mc’Naughten case
36. The maxim ‘actus non facit rea nisi mens sit rea’ means:
Correct : B. there can be no crime without a guilty mind
37. “In every statute, mens rea is to be implied unless the contrary is shown.”:
This view was expressed in-
Correct : A. Sherras v. De Rutzen
38. Which of the following is correct for the aforesaid:
I. The physical aspect of crime is actus reas.
II. The mental aspect of crime is mens rea.
III. The motive is the desire to commit crime
Correct : D. all the above.
39. Section 84 of IPC provides for:
Correct : B. legal insanity
40. Irresistible impulse is a defence:
Correct : D. neither in India nor in England.
41. 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
42. Insanity as a defence means that a person at the time of doing an act, by reason of unsoundness of mind is incapable of knowing:
Correct : D. either (a) or (b) or (c).
43. Which of the following is correct:
Correct : B. the burden of proving that the accused was insane at the time of commission of offence is on the accused
44. For unsoundness of mind, the impairment of the cognitive faculty of mind to escape criminal liability:
Correct : A. must be total
45. Intoxication as defence is contained in:
Correct : D. both (a) & (b).
46. For a defence of intoxication, to escape criminal liability, the degeneration of mental faculties:
Correct : A. must be total
47. For a defence of intoxication, to escape criminal liability, the intoxication:
Correct : B. administered against his will or knowledge
48. In cases where the act involves a specific mens rea, in cases of intoxication under section 86 of IPC:
Correct : C. the specific mens rea depends upon the attending circumstances & the degree of intoxication
49. The doctrine ‘volenti nonfit injuria’ is contained in:
Correct : D. all the above.
50. The defence of ‘consent’ applies to:
Correct : A. private wrongs
51. The defence of ‘consent’ is restrictive in its applicability in cases involving:
Correct : B. inalienable rights
52. The defence of ‘consent’ is not available in cases of:
Correct : C. both (a) & (b)
53. Operation of consent to all offences, short of causing death intentionally, has been extended under:
Correct : A. section 88 of IPC
54. Under section 89 the consent in respect of infants under 12 years of age or persons of unsound mind:
Correct : C. can be given by the guardians subject to restrictions imposed by law
55. The consent is not a valid consent under section 90:
Correct : D. all the above.
56. Consent given under compulsion arising out of threat of injury:
Correct : D. neither (a) nor (b).
57. The maxim ‘de minimus non curat lex’ means:
Correct : A. law would not take action on small & trifling matter
58. The principle ‘de minimus non curat lex’ is contained in:
Correct : D. section 95 of IPC.
59. The right of private defence is contained in:
Correct : C. section 96 of IPC
60. The right to private defence is based on the natural instinct of:
Correct : A. self-preservation
61. The right to private defence is:
Correct : B. subject to restriction contained in section 99 of IPC
62. Right to private defence is:
Correct : C. available where there is no time to have recourse to the protection of public authorities
63. The law on private defence in India:
Correct : C. is wider than the one in England
64. The right to private defence is available with respect to:
Correct : D. all the above.
65. Under section 98 right to private defence also is available against a:
Correct : C. both (a) & (b)
66. Every person has a right of private defence of his own body and the body of any other person against any offence affecting the human body, has been provided:
Correct : B. under section 97 of IPC
67. Under Article 32 a writ petition can be made to the Supreme Court by a person who himself has suffered only. Under which of the following, a relative or friend of a person aggrieved can file a writ petition:
Correct : A. Habeas Corpus
68. The right guaranteed under Article 32 can be suspended:
Correct : D. when proclamation of emergency is in operation.
69. Petitions to the Supreme Court under Article 32 are subject to the rule of Res judicata except:
Correct : B. Habeas Corpus
70. The right given by Article 32:
Correct : B. cannot be abrogated unless the Constitution itself is amended
71. The Supreme Court has power under Article 32 to issue directions or orders or writs in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari:
Correct : A. only when there is a question of enforcement of a fundamental right
72. Under which one of the following cases the traditional rule of filing petition only by the
person aggrieved except in the case of habeas corpus is relaxed:
Correct : D. Upendra Baxi v. State of UP.
73. Under Article 32:
Correct : B. there is no lower and upper limit. The party aggrieved must move the court at the earliest possible time and it is the discretion of the court to decide whether it is reasonable delay or not.
74. According to Article 30 ‘minorities’ have the right for the administration of educational
institutions:
Correct : B. which not necessarily have not been established by them but belong to their religion or language
75. According to Articles 25 and 26, what constitutes an essential part of religion or religious practice is to be decided by the court on the basis of:
Correct : A. doctrines of particular religion
76. The fundamental rights as envisaged under Articles 12-35 are:
Correct : B. can be amended
77. Right of disabled employee as equal citizens not to be defeated by their superiors and
they have no right to defeat their lawful rights:
Correct : C. Bhagwan Dass v. Punjab State Electricity Board
78. In the case of People’s Union for democratic Rights v. UOI:
Correct : A. non-payment of minimum wages is violative of Article 21
79. The protection given to the accused under Article 20(3) against compulsion ‘to be witness’ also includes ordinary documentary and testimonial evidence:
Correct : B. the protection given under Article 20(3) is attracted by the above statement
80. In case of A.K. Gopalan v. State of Madras, the Preventive Detention Act, 1950 was found
conflicting with the two Articles:
Correct : B. Articles 19 and 21
81. Which section of Preventive Detention Act, 1950 was declared ultra vires by the Supreme
Court in case of A.K. Gopalan v. State of Madras:
Correct : C. Article 14
82. In a Calcutta case, Manager of a Bank took security for overdraft from the customer and caused the security to be entered into the books of the banks. The Manager shortly afterwards returned the security to the customer before satisfaction of the overdraft. The fact of return of security was mentioned in the books of accounts.
Correct : C. both the Manager and the customer acted dishonestly under Section 24
83. One Mrs. Komai bought a car on the name of her daughter, Kiran, who is a minor, and got the insurance policy transferred on her name (Mrs. Komal). The car met with an accident on two counts and she file for a claim on both the counts, from the insurance agency. She acknowledged the receipt of the money as Kiran. The insurance company her prosecuted under Section 467 of the IPC alleging fraud on the appellant’s part?
Correct : B. Mrs. Komal is not guilty of forgery because the said deceit did not secure her any advantage as the entire transaction was that of Mrs. Komal
84. Dishonest misappropriation of property, knowing that it was in possession of a deceased person at his death and that it has not since been in the possession of any person legally entitled to it is dealt under-
Correct : C. Section 404 of IPC
85. 148 Criminal breach of trust is dealt under-
Correct : A. Section 406 of IPC
86. Which of the following is false of Section 34 of the Indian Penal Code?
Correct : D. it is a penal provision
87. In a case P, a married lady was found in a pool of blood and lying on the ground. On the way to hospital in ambulance she breathed her last. It transpired in the evidence that when P was seated outside her jhuggi, her brother came near her and challenged as to why she made a complaint against her own brother R to the police, Her other brother R and Sharma too came. There was an altercation wherein Sharma stabbed her to death. Which of the following is true regarding this particular case?
Correct : D. All of them
88. Belonging to gang of persons associated for the purpose of habitually committing dacoity is dealt under-
Correct : C. Section 400 of IPC
89. Buying or obtaining possession of a minor for the same purposes is dealt under-
Correct : C. Section 373 of IPC
90. Which of the following does not attract Section 34 of the IPC?
Correct : D. all of them except the co-accused in B.
91. Habitual dealing in salves is dealt under-
Correct : A. Section 371 of IPC
92. Which of the following is false of Section 34 and Section 149 of the IPC?
Correct : D. S. 34 requires at least five persons who must share the common intention while S. 149 requires at least two persons to share the common intention
93. A attacks Z under such circumstances of grave provocation that his killing of Z would be only culpable homicide not amounting to murder. B, having ill-will towards Z, and intending to kill him and not having been subject to the provocation, assists A in killing Z. Which of the following judgment under Section 38 of IPC applies to A and B?
Correct : A. A is guilty of culpable homicide and B is guilty of murder
94. The basic principle which runs through Section 32 to 38 of IPC is that:
Correct : B. in certain circumstances an entire act is attributed to a person who may have performed only a fractional part of it.
95. Abetment of any offence, if the act abetted is committed in consequence, and where no express provision is made for its punishment is dealt under-
Correct : A. Section 109 of IPC
96. A quarrel arose between C on the one side and A and B on the other. C abused A, whereupon A struck him with a stick, and B struck him down with an axe on the head. He also received two other wounds with the axe on the other parts of the body. Any one of the three axe wounds was sufficient enough to cause death, especially the one on the head.
Correct : C. B is guilty of culpable homicide, while A is guilty of voluntarily causing hurt
97. All about ‘intention’ is true except one:
Correct : B. is an objective element
98. The word ‘illegal’ is applicable to everything:
Correct : D. all of them
99. Several persons assemble at the door of the house of one K and the appellant struck a blow with a kencha which fell on the left thigh of a workman working in the house of one K whom the appellant and others wanted to attack, and as the appellant struck at the very first person who opened the door and that was how that came to receive the injury.
Correct : B. only the appellant is to be convicted for the said injury
100. Abetment of any offence when one act is abetted and a different act is done; subject to proviso is dealt under-