INDIAN PENAL CODE, 1860

CHAPTER I (b) The Indian Penal Code applies to any

INTRODUCTION offence committed by any citizen_of ·
[Sections 1-5) India within and beyon_d India
An Indian citizen murders a French (c) Every such act committed outside
t. citizen in Paris and absconds. He is India which if committed in India,
found by IndiF police in Mumbai. would be punishable under the
He (with previo"1s sanction of Central :Irtfilan Penal Code
Gove~ent) can be: (d,f All of the above
(a) prosecuted in India at the place fixed V Ans. (d) [DU LLM Entrance 2016)
by Foreign Ministry 5. A national of Pakistan fires, from the
(b) prosecuted in national capital New other -side of the borders and a, person
o~only within the Indian border , is killed. The
(o ~osecuted in Mumbai only relatives, friends-and other Indians rush
(d)' prosecuted. at any place as per · the and drag the Pakistani to border Indian
request of French Government Police Station Can the Indian courts try
(e) None of the above the accused for murder?
Ans. (c) [HJS 2017] (a)~(Y,tndian courts have no jurisdiction
JP) Yes _
2. Which one of the following Sections
(c) He shall be handed over to the
of the IPC defines its intra-territorial Pakistani authorities for trial in
jurisdiction? Pakistan
)
(a) Section 4(1) (d) - None of the above ·
(b)~ on 4(2)
Section 2 \ Ans. (b) [UP APO 2009)
6. 'A', a Spanish citizen, who was residing
(d) Section 3
A,ns. (c) [HP JS 2018] ·
'iii 'P.iris, instigated 1he commission of
an offence which in consequence was
3. Whether Indian Penal Co~e, 1860 applies cottugitted in India. He
to ani .o ffence committed· by a citizen of (al/ts liable as the offence was committed
In~-outside India? \,./"' 1 in1Incfia1 ,
'{a) Yes. \ (b) is liable since the Indian Penal Code
(b) No. a lso' extends to extra-territorial acts
(c) If the offence is associated and has (c) can be held liable because the,offence
nexus with another offence committed was to be committed in India
in India. (d) cannot be held liable · because
(d) Only I if there is a mutual treaty instigation was not given on Indian
between India and the country in territory
which the offence was committed. l\ns,.,(a) [RJS 2011}
Ans. ·(a) [DJS 2018] 7. Admiralty jurisdiction does not extend
4. Which of the following statements about ove-r .
• ¥ ;,. 1

Indian 'Penal Gode is true? (a) Offences comntj~ed Qn I,:\Qian ships

(a) The t lnsfian~~ ~ ...c;:<N~" applies to on the ,J-ligQ seas
every perspn in .a ny part rof .{ndia for (b) Offe:,;tces · committed on foreign
every act or omission contrary to the merchant ships in Indian territorial
provisions of the Code water
3
 ,.
4 ·Multiple Choice Questions on Judicial Sennce E:
,
(c) Offences committed _ ~
0
w:;'.,,
fo ign (d) harm to body, mind, reput . tioii .
property . · •!io,,.,
-., warships in htdian terrttonal Ans. (dl [Del 1-IJs 2o , ,
(d) Piracy AJLET 2016] 12. 'A' •a fo~gner .•tabbed '& 17·1~
An& (cl . I foreigner m a foreign vessel on
a. Point out the conect stat_emettt: seas. Both _'A' «nd 'B' were bro • hi81,
(a) '2rime is necessarily an immor'.'1 act. Bombay for treatment Where 'B, d~Bht to ,
.(l>) ,,Crime is necessarily an anti-soaal act. . iii also available in Bombay. t.vi.·'•<I. •~•
(c) Crimeisnecessarilyananti-communal of the fol.l owing propositions is •ch oll@
act. .·· . . in respect of applli:ability of
(d) Crime is necessarily an anti-religious Penal C<lde OPC) to the trial of ,,,_,;u,-_
act. ]
Ans. (b) [UGC-NET 2018 (a) As both the deceased and the a · ·
9. 'A' who is a citizen of India, co~ts belong· to foreign countries ~~ct
a murder in England. He is found in occurrence of offence has
1lndore ·and arrested accordingly. Where place on the high seas, IPc i& •
can 'A' be tried? : •applicable to 'A' and henc-e he can:ot
(a) at New Delhi, the capital of India be prosecuted in India' ot
(b~ t Bhopal, t he capital of·M.P. (b} 1:WC is absolutely not applicable to
•...(-cJ at Indore; where he was found ' a foreigner and hence 'A' cannot be

{~) at any place in India . ', ,. . ______ , tried ;in India

Ans. (c) [MP APPO 2008] (c) As· the pffence is completed in India
10. territories and accused 'A' is available
Under which of the following situations
would the Indian Coprts , . have,. ______ in India. IPC is . applicable and he
jurisdiction? · ·should be tried at Bombay
1. Crime COmmitted . .
by an lndic\D '
in a (d) As IPC is applicable to Indians as
foreign coun~ ' · ' . well as to foreigners 'A' must be tried
2. Crime committe.d by a foz:ej.gner in in India /
India · .' · ~s. (a) [lJPSC CS 1994, DJS 2010]
3. Crime committed by a person on a 13.- A an ~ndian citizen commits adultery
Indian ship _ · in England, which is not an offence in
Select the correct ~we.- using th~ codes the country The alleged offence can be
gi:w-en below:
0

tried by:
(a). 1 and 2
(a) The court within whose local
(b) 1 and 3
(c) 2 alone . jurisdiction the adultery was
C0nunitted--
~0 , 2 and 3
(b) The court of Judicial Magistrate first
Ans. (d) rm,t CS 1996, HJS 2010, ·Class situated at any place in India at
, UGC-NET 2018, Jhar JS 2019] Which he may be found
11. The word "injury' under the 'Indian ---- (c) ' International court of Justice
Penal Code denotei: - (d) ,The supreme court of India
(a) only physical injury . --Ans. (b)- [MP PCS 1996, MP APPO 200'J]
· - ~) . only ·physical_·a nd_mental injury 14 1
· A'' Who is a citizen of India conuni_ts
(c) only harm to__ho~ and property
inur~er in Uganda. ·He is ~ted :
Delhi. He-can be med and convided
D'lUrder-
 Indian·Penal Code, 1860 \. '

.- ..·,• (a) Only in ·Uganda ,, 5

(c) October 6, 1860
(b) Only in that country of which th
• ( i· deceased ·was a citizen l e (d) January 1, 1860
Ans. (c)
~•· )1;•(c) ·'In arty.one oftthe above [HPJS 2011]
(d) lri Delhi' . 19 1 fl I I .' CHAPTER II
.Ans. (d) [MP PCS 2001, HPJS 2009] 'If I GENERAL EXPLANATIONS
15. A citizen of India committing an offence ., [Sections 6-52A]
outside India may be tried under IPC 20. The 'doctrine of 1· oint Ii b't·ty'
1860. (True or false) ' envisaged b S . a 1 1 . as
. Pen I y , e~tion 34 of the Indian
:300s: ta)l'tfu~ Gfu I I , f- a Code, 1860 is based on the decis'
o the following- 10n
'lTow(b)rl false -1 '
An~- (a) · rr · i[DJS 2007) (a) Barendra Kumar Ghosh v. Em eror
(b) Mulcahy v. R. p
16. The provision relating 'to extension of
(c) fandurang v. State of Hyderabad
.'Indian Penal Coa'e to 'extra-territorial '..
(d) Reg. v .. Cruise ·
offences is provided in Section of
the Indian Penal Code: -- ·, . Aps~ (d) J• . a. [UP JS 20181
1 /I;: (a~Jij• 1
• I
·21. As defined in I.P.C. a, ''Woman" denotes
@,) -5 ir ,_,..
a £~male human being of
.. I ' '• l ~I

,·
I
(a) 16 years of age & above
(c) 6 1 • · (b) 18 years of age & above
(d) '7 ' ( 1 (c) 21 years of age & aboye ,
Ans. (a) [APJS2012] 1,. q <{~) of·1any age
\ ,. l l "1 ' ' l l .1

17. Who are not exempted fr_qm intra- /"

6
a(, ,1~8 • 1
.., i r, ., .; , .[MP IS 2017]
~enitori~ Jurisdiction ·of th, Indian 22. Af At~1
ac;t ,-is a; . lawful _one,, and not a
, ., · ·Penal Code? criminal act and if in the c.ourse of such
(a) ~e President of India · and the act any one of the person;s joi,ntly ,doing
Governor of States that act commits·1
an offence, .then
I . I

(a) All the persons shall be•liable under

(b) Public , ,
(c) Foreign Sovereigns ai;ld Ambassadors .. : • ,. ,?E,ction 34 of l.P.C. .
• (b) ·only the doer of the act s~all be liabJe
1

(d) Alien Enemies _) 1 .. P for ' if'and not otherJ Section 34ana:
Ans. (b) [HPJS 2011] of-- I)P~C. shall hot apply.
18. Who amongst the following is exempted (c) Nobody shall be liable· for it and
. from the application of Indian Penal Section 34 of I.P.C. shall not apply.
(d) No other person except the real doer
Code?-
I . . of, the act shall be· liable for ~t and
(a) President of India Section 34 of l,P.C. shall apply.
(b) Diplomats An~- (b) r • · [AfLET 2018, HCJ 2018]
(c) Alien enemy '
(d) All of the above '
.23: 'A' filed a FIR givin~ details of a crime
th t he had committed. There were
'[APJS 2012) .
Ans; (d) a exculpatory statements in the FIR
· ' ' 1·nto
19. The 1ndian Penal Code,
1
1 186 came
"
? nod gav~ all the details regarding the
:llUJ\is~ion of the cri~e. Whic~ of the
enforcement on: {
following statements is accurate.
(a) October 6, 1862
(b) January 1, 1862
 , Questions on Judicial Service E
6 Multiple Choice . . . . .tqltii1tqt·
(d) a female of an~ age lllcludin_ '°'i
(a) the FIR is hit by Secti·on 25 d of the
hence bom female child g l\~I
Indian Evidence Act anevidence- Ans. (d) . [ ~ A.Pp~ i )
. · dmissible as an'A' filed the
ma d r Section 10 of IPC Melt\'' <t Ooa1
IS 28
However, the fact that Section 8 of • ~°m~e human being of:- el\o~
FIR is admissible under
the Indian Evidence Act. (a)- 16 years
tu.re
. •onaI (b) 18 years
(b) since the FIR IS confess• FIR is also,
in na
the fact that 'A' filed the (c) 21 years . ,r • •i!t
not admissible in evi~en~e. dmissible (d) any age . :J,,~c
( ) FIR including confession IS a . ·t Ans. (d) . [Chhat ADp~~ 20Qa
c under the Indian Evidence Act as 1
I the Indian Penal · Code, ,. theJ) I
was voluntary and before arrest. f 29. n t ' \\rol'd
'woman'·deno es: ~fl.Ji..
(d) it is admissible under Section 32(c) o.
(a) ·A ~ajor w~man
the Indian Evidence Act.
Ans. (a) [DJS 2018] (b) r An unmarqed WO~~ _:.,_~l •Ot
24. The case law of State of Maharashtr:
. ,1 f ••hr1J,
(c) . A,,woman O any age . - ., ~no.
Mayer Hans George comes under w ic (d) A married woman l.,, '.J rfJ
provision of' IPC? Ans. (c) • CMPJ~1201I]
(a) Section 2 30_ Which of the followi?g ,7statelllent
(b) Section 3 correctly refle~ts the c~~1nal Pl'4tciple,
(c) Section 4 ,Actus non factt reum ntst mens sif rea'?
(d) Section 5. (a) . Mens rea is an essential ele~ ~t of
1

Ans. (a) [1N APO 2019] a •crime and there cannot be a crune
25. The term '"he" used under Iitdian Penal , '''without men·s rea. · it
1
Code relates •to a person who is (L) Criminal ·liability under Indian law
(a) male only always implies mens rea . .
(b) female only (c)' T6' co:r\stitute a crime there must be
(c) male or female both .actus reus and mens rea.
(d) third gender only - {d) Actus reus is not always necessaryto
Ans. (c) . [UK J~2017] constitute a crime.
26. In Indian Pe~al Code the pronoun 'he' Ans. (c) [Jhar JS 2019, UGC-NET 2019]
and its derivatives are used for 3i. Under the Indian Penal Code, a person
(a) Male ,i s defined as- J
(b) Female
', (a) · Including any company or body of
(c) Any person whether male or female persons whether incorporated or not
(d) Such worp.s are not used ih the Code (b) Meaning only individual human
Ans. (c) [RCJ 2014, uP HJS 2018] beings
27• .In IPC the word 'Woman' denotes to:- (c) Meaning only as men
(a) a female above ,the age of •fifteen (d) None of the above l]
years
Ans. (a) [APJS 201
(b) a female above the age of eighteen
-u· ' _,. ,.
3
years ~-' lfonti~ide
. •.i, •i c~""'ot be define...l as l<ill¥\
f thSe
(c) a female above the age of twenty one of a person by a pe~on in vie\¥ ·°word
years nature of the definition of the
'person' in
 I •

Jndian -Penal Code, 1860

(a) n5ection 13 •of'the Ind~an P~nal, Code 7
(c) Surveyor of an Insurance C
. (b) Section 11 of the _In~an Pe_n ~-Code
(d) Employee of a 'Nationalize~~=!
1 (c) Section 9 of the ·I ndian l'e~al Code

, (d) 5ect1bn 7 of the Indian Pe~al Code

Ans. (c) [UP APO 2009]
38. I~ was held that a Chief Mini. t'
'.Ans. (b) [JJS 2016] M' . . . s er or a
truster ts in the pay of the Government
33. Section 13 IPC ~hich was repealecif gave and, therefore, public servant within th
the definition of . . . -, meaning of Section 21(2) of IPC in the cas:
(a) Queen (a) Karunanidhi v. Union of India
(b) British India (b) Keshvahand v. State of Kerala
' (c) 'Government of India ',J Kalyan Sirtgh v. Union of Intfia
1 11
'. jdl'c ), r Government servant,
, 1 (d) Jayalalitha v. ,~tate of Tamil Na'du
I . •

\ ' ,. l I ' '

Ans.
/.
(a) '1
[TN APO 2019] Ans. (a) [HHJS 20111
34. In ! context to tllF ;Indian Pena~_! Code, 39. Which of the following is not a public
11
· 1-860 . j'India' means:
. ./ / \
t ,1 servant" with_in the meaning of Section
(a) Union of States · · 21 of the Cod~ ··
(b) Confederation of States (a) Municipal Commissioner
(c) . The territory of India .(b) Member of Parliament
( d) 'Bharat' o~y . , , , , . -- , . c (c) MLA .
. I
£ ¥18• (c) ·
1

l <" n [~J? 2013] (d) Examiner of University

·.Ans. (d) 1 .
1

35. Who, according to Section 21 of .Indian t

[:MP
t
·
HJS ~008, MPJS 2009]
l "-
Penal Code, 1860, is not a public servant: 40. One of the following is not a public
(a) A commissioned officer in Indian servant- ·•·,
Army, Navy, and Air force. , · (a) Liquidator
(b) An arbitrator to who~ any cause has (b) A Civil Judge
been referred for adjudication by the (c) Member of a Panchayat assisting a
court of justice. · . . j' court of justice ·

(c) An officer, "' who, by virtue of his (d), Secretary of~ Co~perative society·
office, is empowered to place'or keep , . ·.Ans. (d) [UJS 2002, AJS 2011,,HJS2013}
any person in confinement!
41. Which of the following is not a Public
(d) An advocate, who practices law in a
Servant?
court of justice. ·i -
(a) 'Municipal Commissioner
Ans. (d) [Raj HJS 2012;-BP HJS 2018]
(b) · M~mber of Parliament
36. In which.Section of,IPC, 'public servant' . , : (c) iM.L.A. .
is defined?
(d) Examiner of University
(a) Section 14
Ans. (d) [MPJS 2010}
(b) Section 20
'42~· Who ' among the following is not a
(c) Section 21
•., 'Public Servant' withh~ meaning of
(d} Section 24 j .
Section 21 of Indian Penal Code?
Ans. (c) [Raj APO 2007, HPJS 2012] . . (a) Municipal Commissioner
37. Who among the following is not ct public (b) Municipal Councilor '
servant? · (c} Manager of Nationalized Bank
(a} Chief Minister of ·a State (d) Commissioned Officer in Military
(b) Chairman of the Central Board of -· Ans. (b) [MJS 2011]
Film Censors
 Multiple Choice Qul!sti~ on JudiciJll Seruia Examination
8 48. Definition of 'wrongful gain' _ is
43. Who among the following denned . follows-- as

enti=
aune as "'an ad committed or omitted (a) Gain ~y unlawful means of prop
in violation of a public Jaw either to which person is not legally
forbidding or conunanding it"? , (b) Gaining wrongfully and' I .
· wrongfully osmg
(a) Russel
(c) ·Gaining dishonestly
(b) Kenny
(d) Loss ~y unlawful means of pro e
(c) Blackstone to which person is entitled p rty
(d) J.F. Stephen
Ans. (d [UGC-NET 2018] Ans, (a) [APJS 201
44. If an accused of a cri.Jne wants to take 49. The word •"public servant" denotes.. l] A
advantage of general exceptions ~ive~_in person f a11mg under ...... .'....

1
IPC who has to prove the appbcab1bty (a) A commissioned officer in'the milit
of these exceptions? (b) Every jud~e empowered f,y law
do any adjudicatory functions'
(a) The accused
(c) Every officer of court of justice
(b) The prosecution
(c) Depends on the discretion of the (d) All the above
Ans, (d) [UK CJS 2018]
Court .
(d) Depends on the discretion of the 50. Which one of the following Sections of
prosecution IPC defines 'Gaining Wrongfully and
[ILi (LLM)' 2019]
Ans, (a) Losing·Wrongfully'? ·
45. 'Movable property' under JPC is defined (a) ~tfon 22 '
1(b) Section 23
in:-
(a) Section 21 (t(Section. 24
(b) Section 22 (d) Section 25
(c) Section 23 Ans, (b) [HPJS 2013]
'(d~ Section 24 [Raj APO 2007] 51. When a person gain_s so),llething by
Ans,(b) unlawful means to which he is not
46. The definiJion of movable r property
under .section 22 of the Indian Penal ·legally entitled it is
Code, 1860 excludes ............... (a) cheating ·
(a) Land " (b) wrongful gain
(b) Things attached to the earth (c) fraud
(c) Things permanentlyfastened to (d) cau~ing injury which is likely to cause
anything which is attached to the death ·
earth Ans. (b) [MPJS 2012]
(d) All of the above 52. 'Wrongful gain' and 'wrongful loss'
Ans. (d) [UP HJS 2014] have been defined under Indian Penal
47. What is not movable ·property under Code, 1860 in
Sec.tion 22, IPC? ·(a) Sec:tion 22
(a) Soil , (b) Section 23
(b) Cheque (c) Section 24
(c) Tree (d) Section 27 ,
.(d) Fish in a tank Ans. (b). [UP PCS CJ 2008, UK CJS 2018]
Ans. (c) [MPJS2007J
 . penal Code, .1860 .
I ndum . 1

53, A p'ersoh acts dishonestly when he does '(c) Both 1 and 2

9
anything:
(d) Neither 1 nor 2
(a) With mens rea .
~.(a)
(b) _With wrong motiv~
57 ls it an · d' [uPsc cs 20071
(c) With intention to cause wrongful .. . . m 1spensable element of
gain to one person or wrongful loss dish~nesty as defined in Section 24 with
to another ' Se~tion 23 that the alieged wrongful
(d) , _W ith intent to defraud · - gain should be intended to be caused
Ans, (c) [DU LLM Entrance 2010] to a person who is not legally entitled
I ' to the property?
54• Which of the following is not a · (a) Yes
constituent of Tort? (b) No
(a) Wrongful act (c) Depends
(b) Damage
(d) None of these
(c) Remedy Ans. (a)
(d) Mens rea [AfLET2019]
Ans. (d) [UGC-NET 2019] 58. The term 'Dishonestly' as defined under
Section 24 of the IPC implies
55, Match List-I with List-II and give the
(a) An act done with the intention of
correct answer by using the code given
below: , ' causing wrongful 1 gain to one·person
or wrongful loss to another
List-I List-II (b) Act clone with intent to defraud
(a) Mehboob Shah v. Emperor '(i) Mens rea
(c) An act done mala fide
(b) State of Maharashtra v. M.H. (ii) -Intoxication
George (d) An act done with intent to cheat
(c) Director of Public Prosecutions . (iii) Co)!\ll\on Ans. (a) · [DU [LM Entrance 2014]
v. Beard Intention 59·. .Word 'Dishonestly- as defined in Section
(d) R. V. Dudley v. Stephens . (iv) Nece~ity 24 of IPC means:
Codes: · l (a) With theintentionofcausingwrongful
(a) (b) (c) (d) gain to one person
(a) (i) (ii) (iii) (iv) (b) With the intention of causing wrongful
(b) (ii) (iv) (i) (iii) gain loss to ·another person
(c) (iii) (i) (ii) (iv)' · (c) With the intention of causing
(d) (iv) (ii) (iii) (i) wrongful gain to one person and with
Ans. (c) the intention of causing wrongful loss
[(!GC-NE'J;'_2018] to another person
56. Consider the following statements: (d) All of the above are true
Anything is said to have bee~ done
dishonestly if it has been done with
Ans. (d) [MPJS 2012]
intention to 60. Whoever does anything with the
')" ' ii:ttention of causing wrongful gain to
1. ·cause wrongful loss to _any person ,1 _one person or wrongful loss to another
and wrongful gain to another person. persoi.\11is said to do that thing:
2. cause injury to any person. (a) Fraudulently
Which of the statements given above is/ (b) Dishonestly
are correct?
· (c) Wrongfully
(a) 1 only
(d) Mis¢uevously
(b) 2 only
Ans. (l,) .[CJS2016]
 10 Multiple Choice Questions on f udicial Service Exarni~tiotz
61
- Which of the following match is wrong? 66• The . term Dishonestly undethinerIPC
(a) .. Wrongful gain-Section 23 IPC been defined as doing som · g:
(b) Dishonestly-section 24 IPC (a) With intention of causing Wron&fu.J.
gain to one person or wrong!ul lass
(c) Fraudulently-Section 26 IPC
to another
(d) Valuable Security-Section 30 IPC (b) With intent to defraud ·
(e) None of these (c) Without due care and caution
Ans. (c) [Punj JS.2017] . (d) Which is an illegal act or omission
62. As per Section 24 of Indian Penal Ans. (a) [DU LLM Entrance 20tiJ
Code, who ever does anything with the 67. A person causes one thing to resemble
intention of causing wrongful gain to another thing to practice deception is
one person or wrongful loss to another said to commit '
person., is said to do that thing (a) Deception
(a) Dishonestly (b) Fraud
(b) Fraudulently (c) Counterfeit
(c) Mischievously (d) Tampering
(d) Wrongfully Ans. (c) . [!LI LLM 2012]
Ans. (a) [Guj HJS 2019] 68. 'Counterfeit' under IPC is defined in:- -
63. Which one of the folJowing does not (a) Section 30
amount to 'fraud'? (b) Section 28
(a) active concealment of fact (c) Section 29
(b) a promise made without intention to (d) Section 27
perform it Ans. (b) [Raj APO 2007]
( c) suggestion as to a fact which is not 69. Whkh one of the following pairs is
true by one who believes it to be true correctly matched?
(d) a representation made without (a) Counterfeit Section 28
knowing it to be false, honestly (b) Valuable security Section 29
believmg it to be true (c) Document Section 30
Ans. (d) [DU LLM Entrance 2008] (d) Omission Section 31
64. "Fraudulently intention" has been Ans. (a) [UP PCS CJ 2013)
defined as "intent to defraud but not 70. Abetting the Commission of suicide is
· otherwise" in the Indian Penal Code in given under
Section (a) Section 9 of IPC
(a) 20
(b) Section 8 of IPC
(b) 23
(c) Section 7 of IPC
(c) 24
(d) None of the above ·
(d) 25.
Ans. (d) [AIBE 2018]
Ans. (d) [ILI LLM 2010]
71. 'Electronic Record' under IPC is defined
65. A person does not have 'reason to · ' ' ~n:-
believe' a thing if he does not have any
(a) Section 29
(a) information
(b) Section 29A
(b) sufficient cause to believe ..
(c) Section 29B
(c) knowledge
(d) Section 29D
(d) reasons
Ans. (b) [Raj APO 2007]
Ans. (b) [HSJS2012]
Indian penal Code, 1860
-
72. section 29~ of I.P.C. is related to
(a) I)cx.,nnents · 78. Which 11
(b) Valuable Security ·one of
the Indian p al the foll O
Wi
ng sections of
(c) Electronic record Word 'Act'? en Code, 1860 defines the
1(d) None of the above (a) Section 32
· ~ - ,(c) · 1 [ ~ CJS 2018]
:
(b) Section 33
73, y aluable security li s defined rin (c) Section 23
(a) Criminal Procedure Code
' (q) Section 24
(I?) Civil Procedure Code · ,•, Ans. (b) ,
(c) Evidence Act
79 'X' .. [DP PCS q 2015)
(d). Indian Penal Code_ · anned 'th
'Y' em. wt a loaded pistol and
Ans. (d) [MP HJS 2009] fu pty handed go to· 'Z' h .
74, ~ch one of th~ following is not a rtherance of their co . s op. m
valuable security? to COII\JJ\it robbe ntmon intention
1
and on b · ry, X enters the shop
(a) A pqstal receipt for an insured parcel
1 e1ng resisted in Carrying away
(b) A rent note , property shaots z with •
once F · h pistol. Z dies at
. (c) A promissory note ' . o~ lV at acts of X,. y is, liable:
(d) A deed of divorce
I
.
)
(a) Daco1ty with murder
Ans. (d) [UP PCS 2003) . ~) Extortion and culpable· 1.. • 'd
. uonuo e not
75. As pe~ IP~ a docume~t whereby any 1 , amounting to murder '
, legal p.ght 1s created, extende4, restricted , (c) .Attempt . to C6mmit robbery when
or released, is- armed with deadly weapon
(a) Conveyance deed (d) Robbery and murder
(b) Gift deed Ans. (d) [MP PCS 1996)
(c) Will
80. Whi~h of the following is true regarding
(d) Valuable security Section 34 of the IPC:
Ans. (d) . [APJS 2011] (a) It creates ra substantive offence
76; Which of the following match is wrong? (b) It lays down a rule of procedure
(a) Wrongful gain-Section 23, IPC ,, (t) It is a iuie of evi~ence
(b) Dishonestly-Section 24, IPC (d) None of the ~hove
(c) Fraudulently-Section ·26, IPC A:q.~. (c) [DU LLM Entrance 2012)
(d) Valuable Security-Secti~n 30, IPC 81. Section 34 of the Indian Penal Code,
(e) None of these 1860:
Ans. (c) [PJS 2017] (a) ·creates a substantive offence
77. Mr. X, an injured makes certain (b) is the rule of evidence
statements to the .investigating officer. (c) both (a) and (b)
Later he succumbs to those injuries and (d) neither (a) nor {b)
died. With respect to Section 32 of the Ans. (b) . [DU LLM Entrance 2011,
Evidence Act, the statements so·made are •
WB SCJS 2011, JHS 2011,
(a) A~sible
UP PCS CJ 2015, Bihar HJS 2019]
(b) Inadmissible
82. Give correct response, in JM. Desai v.
(c) Circumstantial State of Bombay, AIR 1960 S.C. 889,
(d) ,None of ,the above. Mr. Desai was· the Managing Director
' '' Ans. ,(a~ [Punj PSC 2018] of · a Dying Company, the company
 12 /1mle Choice Questiims tm Judidal Sen,j
Mu--r cet~.
(c) Section 34_ speaks of coll\Jt\ ¾io..
enterect into a contr.act with the textile while section 149 speaks of 01\ Obj
Commissioner undertaking to dye a intention c:01¾;~
la:rge quantity of cloth. Out of the (d) All of these
Jot some were retwned back to the
C'OIIUD.iBsioner by the company whiJe Ans, (a) (A.QB
oth~, even after repeated demand, 84. Four accused wit~ common inte io19)
~ e d undelivered.. Therefore, the .kill, shot one B m the bona fi<tl\tio11 t
Managing Director was chaiged for an that B was A. In this case: e htlil!~
offence and he pleaded that the clothes (a) None of them is liable for th
were eaten up by white ants and that of murder. e Off..._
-••ti!
he was not personally responsible for (b) All accused are guilty of
damage done to them and their non- dea~- . c:ausitig
delivery. (c) Section 34 of Indian Penal Coct
(a) In order to pwtish a person by not apply. · e <l0es
application of Section 34 mental as (d) All accused ·a re guilty of
well as physical participation was death without invoking SectiC:~itig
necessary, therefore, in absence of Ans. (b) [UGC-NEr ·
actual physical participation the • • 1 Wh . . 2018]
Managing Director was not liable. 85. Pnnc1p e: en a cnnunaI act is d
by several persons in furtherance f 0 ne
(b) Since the act was not done in
furtherance of a co.Iilmon intention, common intention' of all, each ot°
the
therefore, Managing Director cannot persons is liable for that act in th such
manner as if 1t. were d one by hunesazn
al e
be punished for any offence, in the
absence. of evidence that the offence Factual Situation: A, B, C and D one.
was ~mmitted with his consent or weFe unemployed, decided to loot w:o
knowledge. house of a rich businessman one nigh e
(c) The Managing Director would be When all of therri were about to jump tht.
vicariously liable for the offence of compound wall, D decided to remain a~
criminal ~ppropriation under the gate and warn them, in case of an
Section 409 · IPC because h~ was problem. A, B and C entered the ho~
--responsible for supervIS10n and and took cash and gold ornaments. While
control of the servants of the company coming out of the house B tripped on a
who might have caused the loss rubber ho,se pipe creating a sound. By this
negligently. the watchman who had otherwise asleep
(d) The Managing Director would be woke up. B suddenly took the rubber
liable under Section 409 ·read with hose and strangled the watchman's neck
Section 34 I.P.C, be~ause physical thus killing him. Later all A, B, C and D
presence is not necessary in offences we.re arrested and prosecuted.
involving diverse acts which may be (a) A, B, C and D ·are all liable for the
done at different time and places. robbery. B in addition, is liable for
Ans. (d) [AILET 2019} the murder of the Watchman as
83. Give the correct response. murdering any one was not in their
(a) Section 34 needs active participation plan.
while section 149 does not (b) A, B and C are all liable for the
(b) Section 34 does not create specific robbery. B in addition, is liable f~r
offence while section 149 does the murder of the Watchman· D 15
. . pe,Ull ()Nle, 1860 13
1,idiJIII . .
...
•n 11 ru.,~•
nocenti of both the crimes as he was (a) . A, B,.C, D and E should be convicted
1· ) ' only guarding at the gate and qid not for dacoity and rape read with Section
. participat~ in the crimes. 34, IPC.
(c) A, B,, C and ) ? are -all liable for the (b) As E did not steal anything, E should
robbery and murder of the Watchman
be €onvicted only for rape
as it was don~ in order to cah'y-.out
(c) A, B, C, D and E should be convicted
their commori plan. i
' for house breaking by night, criminal
(d) .)1, B' and C are liable for filte'tobbery
trespass, dacoity and rape read with
and ,murder iof the Watchman as,: dt
Section 341 IPC. .
,was tin fulfilhnen:t of their common 1
(d,) A, B, C, D and E showdl• be convicted
plan., D is innocent as he I did not
participate in any of the crimes..
1
fo: house breaking by night, criminal
Ans, (c) [DU LLM Entrance 2009) , : tres~ass and dacoity read with
Section 34, IPC but only E should be
• What constitutes the gist .of an offence convicted. for rape.
86
under section 34, IPC? . ·· ·' ~s. (d) ' [lJPSC DLA 2011]
(a) same intention
89'. Sectio~ 34 of the . Indian Penal Code
(b) similar intention · deals with ·
(c{ common object , .~,
(a) ·Common intention
·(d) commonlintention ,, . . Jf, ,
'(b) Cohunon object ·
Ans, (d) [DULLM Entran~e 2008)
(~) Co~on knowledge
87, Im.puted Criminal Liability Principle is
(d) Criminal intention.
laid down in which of .the following r:,: '1> H'i r
Aris. (ai · [ILi LLM 2012]
.provision/provisions: . . 1,
(a) Section 34 of the IPC . ·, 90. Section 34 of the Indian Penal Code,
(b) Sections 34 and 149 of the IPC 1860, recognizes one out of the.following
(c) Section 108A of the IPC 1 · principles of criminal j~prudence
(d) Section 120A of the IPC. ' • r · (a) Principle of Absolute Liability
1 1 (1;,),., 1Principle of Joint Liability
,!Ai\s. (b) [CLAT LtM Wll]
88.-·A,JB, C,·D and E entered the hdJse of ., i ~P,+lci1?le of Spict Liability
(~ ) .

·. a prosperous businessman at112.30 AM , (d) -~$,)c,y,le of Vicarious Liability.

· Ans. (b) [ILi LLM 2011, Z014]
breaking open the kitchen door. Having
planned . to rob, they administered 91. ·When a criminal act is done by several
chloroform to the middle aged couple. persons, each of such persons i~ liable
While A, B, C and D manageq tp find for that act in the same manner as if it
money and gold ornaments in orie of were done by him alone if i\ is done in
the cupboards, E went up tq th~ first .f'1rtP,e~¥1ce of:
floor to look for more .cupboards. When _{a) Common object
'(I?)'
he entered the bedroom upstairs he f • j If Common intention
· (~) Common motjve
f ' '

found a ·beautiful girl fast asleep! -After

administering chloroform, he · raped (d) Common inotive as weµ as common
her and then rushed -downstairs not object. - ·
venturing to steal anything. Ho'4rever, Ans~ (b) [IU LLM 2010]
while leaving the gate, all the five were 92. C<~mmon intention under Section 34
caught by the police. Which one .miong implies
·the following is the icorrect proposition (a) Similar intention
of law? (b) Pr~arranged planning
 14
Multiple Choice Questions on Judicial Service Examination
(c) Presence of common knowledge 97. The principle of common intentiol\
(d) Common design for common object applies only when
Ans. (b) [HPJS 2011, J Pre JS 2014, (a) at least 5 persons involved
AILET 2016] (b) at least 2 persons involved
93. In ases of common intention which of (c) at least 1 persons involved
the following statements hold true?
(d) none of the above
(a) The members of the mob are
presumed to have common intention Ans. (b) [Raj APO 2007]
for the offences committed 98. Under which one of the follo\\in
(b) In cases excluding gang rape cases it
is necessary for the common intention
to be there from the beginning
Sections of Indian Penal Code, thg
principle of 'joint criminal liability
applicable?
i:
(c) For establishing of common intention (a) Section 36
it is necessary to prove individual (b) Section 39
acts of the accused by direct evidence
(c) Section 34
(d) In gang rape cases it is not necessary
for the common intention to be from (d) Section 40
the beginning, it can be developed at Ans. (c) [UK APO 2010]
.the last minute before committing of 99. Under Section 34 of Indian Penal Code-
the offence (a) Physical Presence is necessary
Ans. (d) [AILET 2016)
(b) Physical Presence is necessary for
94. In case of Kidnapping, a minor male participation but not in all cases
means a person of age under
(c) Physical presence 'is. not necessary
(a) 18 years
(b) 16 years (d) fhysical Presence is necessary with
(c) 21 years common knowledge.
(d) 20 years Ans. (b) [MP CJ 2018}
Ans. (b) [TN APO 2019) 100. Judgment in, Mahboob Shah v. Emperor,
95. A holds Z down and fraudulently J\l;R. 1~45 PC 118 explained the penal
takes Z's jewels. What offence A has law,rela~g to:
committed? (a) Right to private defence
(a) Theft (b) Defence of unsound mind
(b) Robbery (c) tomm:on ebject ·
(c) Extortion
(d) Common intention
(d) Dal:oity.
(e) None of the abpve
Ans. (b) [TN APO 2019)
Ans. (d) . [HJS2017]
96. In which of the following cases the Privy j

101. X gave poi1poned halva to Y with an

Council made a distinction between
intention to kill' him. Y ate one morsel
'common intention' and 'similar '

intention'? ·and. kept it . on the side. Z who was

sitting there, pi~e~ it up and ate it. Z
(a) parendra Kumar Ghosh v. Emperor died
(b) Mahboob Shah v. King Emperor
(a) Xis guilty of murder of Z
(c) Shrinivasmal Barolia v. Emperor
(b) X is guilty of only culpable homicide
(d) Bannu Mal v. Emperor
not amounting to murder
Ans. (b) [MP APPO 2003, HPJS 2015) (c) X is not guilty of murder
 um penal Code, 1860 15
nd
I is guilty neither; of murder nor under section 34 of the Indian Penal
(d) ~f culpable homicide as he never Code?
intended to kill Z (a) prearranged,plan, prior meeting of
J\DS. (a) . . . . [NL~r 201~] , minds, prior consultation in between
oz. Which. one of the following stat~ments" all the,persons col}Stitut4lg the group
1 . i~ correct? (b) A desire to commit a criminal act
i I
. Joint criminal l!ability based on common without any contemplation of the
. intention .reqwres that . .. consequence
(a) criminal act is done by more than one (c) The mens rea necessary to co~titute
person · . . . · . the offence that has been committed
(b) ,ther~- is a common intention among (d) Evil intent to necessarily commit the
the accused persons · same offence which is committed
(c) the accused has .a participating Ans. (b) [UP'AP02009]
presence in a commission of the crime ·106: ' When a .criminal act is done by sevetal
(d) All the above · · persons in .furtherance '.Of common
Ans. :(d) .[DAPP 2005) , intention ·of all, each one of them is
• ~Lliable?
103, X with the intention to steal' ornaments
opened Y's box ·and . _found it .empty. \(a) for ·an attempt to commit the act
Which of the ·following statements · is · (b) for the abetment of the act
correct? ,r '(c) ronly f~r -th,e Part ~ach one has done
{a) X is not llable for attempt to commit · (d) as if it was done by each one of them
theft .as . the . }>ox b_eing empty; . in singular capacity
conunission of theft was impossible Ans. {d). ' [UPSC CS 1998,
(b) Xis not liable ·for. attempt to commit , , " UP. APO 2006, PJS 2010]
· theft.as he did not dorthe penultimate
act towards commission of t:4eft.
107. ~Wlten a criminal. act is done by several
' ,, r ·p~~o'ns· in _furtherance of common
(c) Xis not guilty of attempt to c0mmit intention of all:-
theft as the omap1ents were not in the
I , , (~)__each·of such person is liable fpr that
box.
act .
(d) Xis guilty of attempt to co~t theft 1
(b) each o{ such ,person isJiable for that
as he had an intention to commit theft
' act in the same manner as if it were
and did act towards its commission
done by him alone ·
Ans. (d) [UGC-NET 2019]
(c) each ~f such person is liable according
104. In which one of the following cases to his guilt .
was the distinction between common (d) , none -~f the ,abo~e is con:ect
intention and similar intention pointed
out?
Ans. (b) [MP APPO 2009,. UP HJS 2009,
PJS 2011, HADA 2016]
(a) Barendra Kumar Ghosh v . Ki,ng Emperor
(b) Mahboob Shah v. King Emperor ' 1~8. /fhe self evident principle of criminal
justice is based o~: · •.
(c) Ram Prasad v. State of li.P.
(a) Nullum crimen sine lege, nulla poena
(d) J.M. Desai v. State of Bombay
Ans. (b) . . [DAPP 2005] sine lege
(b) Perils of his life and liberty on refusal
105. Which of the following is not a meaning of bail
of the expression 'common intention'
,, di · zser'tJice Examinafion
Multiple Choice Questions on Ju c,a .

16 (c) 2 and 3
(c) Simple Principles based on corrective (d) 1 and 2 . [lJPSC CS 2007]
law AnB• (a) f JloWU'S is false of
112. Which of thdeS tion 149 of the Iiidian
0
(d) To avoid purposeless cruelty
Ans. (a) , [UGC-NET 2017) Section 34 an ec ·
109. The case of Mahboob Shah v. Emperor Penal C~de~A d es not t,y itself create
SectlOn .:,-s. O Se '
(a) any specifi'c of'£ence •whereas · ction
'
was decide by which one of the l' . .

following Courts? 149 does so . . 1

• •

(a) Federal Court 5orne active participation ~ e IS

(b) . d . Section 34 while 1t 1s not
(b) Supreme Court reqtilfe in
(c) Privy Council needed in Section 149 , . .
5eetion 34 speaks of common_mtention
(d) House of Lords (c) while 5ection 149 corttemplates
Ans. (c) [HPJS (Pre) 20181
110. What is the basic difference between cornrnon object · . .
(d) Section 34 requireS at least five
Section 34 and Section 149 of IPC7
. persons who must share the common
(a) Section .34 creates a principle of jo~t . intention while Section 149 requires
liability and does not create a spec~c
offence. Section 149 creates a specific at least two persons to share the
cornrnon intention [Guj CJS 2019]
offence
(b) Section 149 does not cre~te a specific Ans. (d)
offence but Section 34 creates a 113~ 'A', 'B', 'C' and 'D' are charged for murder
specific offence of 'E'. But evidence proved that 'A',
(c) Both create specific offences but the 'B', 'C' and 'D' along with three others
principle of joint liability 'is created jointly committed the offence. The court
only by Section 34 acquits 'A', 'B' 'C', but convicts 'D'.
(d) Both create specific offences liut the In the context of the above, which one
principle of joint liability is 'created of the following statements is correct?
only by Section 149 (a) The conviction is legally valid
Ans. Ca> [UPSC' cs 2008J . (b) The conviction is bad in law as .'D' as
111. Which of the following distinguishes a single person cannot be convicted
section 34 of IPC from section 149, IPC? with the aid of Section 34 of IPC
1. Section 149 ,creates a substantive (c) The conviction is bad in law as the
offence whereas section 34 does not · other person charged with 'D' ·were
create an offence. acquitted
2. Section 149 ~equire~ common object (d) The conviction is bad in·law as the
whereas section 34 requires common unnamed person were not charged
intention. with 'D'
3. Section 149 requires five or more Ans. (a) [UPSC CS2006]
persons whereas section 34 requires
two or more persons. 114. Section 34 of the Indian Penal Code
Select t!te correct answer by using the regardin~ a criminal act done by several
codes given below: persons
. . m furtherance of the common
(a) 1, 2 and 3 intention of all is
(b) 1 and 3 (a) :a separate offence itseH unish bl
separately. P a e
 . penaleotfe,1860 17
1nd111"
(b) only a rule of evidence and does not (d) Sections 34 and 149 are mutually
create a ·substantive offence. helping Sections
(c) attracted in cases of criminal Ans. (c) [UPSC CS 2005]
conspiracy.
117. Section 34 of IPC provides for liability
(d) Both (b) and (c) are correct.
based on common intention. Consider
_AnS. (b) [DJS 2019 (II)]
the followins situations:
pirections: For Assertion and Reason Type
1. The weapon used in the offence was
estion: Question consist of two statements
found in A's house
Qlle labelled the Assertion 'A' and the other
2. A has procured the weapon of offence
oil
Ja.t,elled the nneason 'R' . y ou are to examine
voluntarily to aid the criminal gang
wese two statements carefully and decide
3. A was compelled under threat to his
if the Assertion 'A' and the Reason 'R' are
. dividually true it so whether the Reason is life to procure the weapon of offence
: correct explanation of the Assertion. 4. The weapon was suppiied on receipt
Select your answer to these items using the of value of the weapon (sale)
Which of the situation given above
codes given below and mark your answer
sheet accordingly. reflect(s) the correct ingredients with
regard to Section 34?
11s. Assertion (A): 'X' and 'Y' had
(a) 1 and 2
independently entertained the idea to kill
(b) 2 and 3
'Z' Accordingly each of them separately
inflicted wounds on 'Z' who dies in (c) 2 only
consequence. 'X' and 'Y' are liable for (d) 4 only
murder with the aid of Section 34 IPC. Ans. (c) [UPSC cs 2005]
'· '
Reason (R): When a criminal act is done 118. The various words used to denote Mens
by ~ver~ persons in furtherance of Rea under the IPC and are defined in
- I
common intention of all, each of such the code itself are:
persons is liable as if the whole act is (a) Volunt¥Y, dishonestly, fraudulently
done by him alone. _ i:r ason to b_.elieve _
Codes: (b) CorruRi}-Y and want only
(a) Both A and Rare true and R is the (c) Malignantly anq Maliciously
correct explanation of A (d) Rashly and ~egligently
(b) Both A and R are true but R is not a ~ - ~a) , -, [AIBE 2017]
correct explanation of A 119. Consider the following statements:
(c) A is true but R is false 1. S~cµ<m 34 ~f IPC requires two persons
(d) A is false but R is true whereas Section 149 of IPC require
Ans. (d) [UPSC CS 2004, 2005] 1 fiv~ pe.-sons. .. ,
116. Which one of the following statements 2. S~c;tion
1 0
34 of IPC requires common
regarding Sections 34 and 149 of the 1
int~1'tiqn, wher~as Section 149 of IPC
Indian Penal Code is correct? requires common object
(a) Common intention and common 3. Section 34 of IPC and Section 149 of
objeet are the same IPC both require presence of a prior
(b) Both are distinct offences in themselves _consent 0
'
(c) Section 64 enunciates a mere principle 4. Section 34 of IPC and section 149 of
of liability and creates no offence IPC. Both create specific offence
while Section 149 areates a specific Which of the above statements are
correct?
offence
 18 Multiple Choice Questions on Judicial service E:xamination

(a)" 1 and 3 122. Consider the followiits'stateinent:

Section 34 of the ·JPC does not apply
(b) 2 and 3
(c) 1 and 2 where: . · t,Jed where
(d) 2 and 4· 1. five or more person asseD;' r
Ans. (c) . one killed A . f C decided
120. Which [llPSC CS 2001 J h enenues o
2. A andB w o are A k'IIed
1 C when
the di ~ne _of the following brings out distinctly of kill C. . j

149 fsthtinction between Section 34 and B. was also ·present ~t any person, · 1 1wfinu
o e IPC? 3. the . presence
., · c of''1ence
. d . theu pre-arranged p l an,
(a) Section 34 creates a specifi' part1c1pate in . th time of actual
where as Section 149 .does not is not necessary at .e ,
(b) Section 34 as w~ll as Section 149 • n of the crune
comm iss10 . 'f 11 the accused
create specific offences 4. rnv1 · ·ty of mind o a
ti'al ingredient l tor fhe
(c) Section 149 creates a specific offence 15 an essen
. . of crime o f th~se
whereas Section 34 does not coJllJlllSS10D _
(d) Section 34 as. weli'as Section 149 do statements:
not create specific offences (a) 1, 2 and 4 are corred
Ans. (c) [UPSC CS 1999, JJS 2016] (b) 1, 2 and 3 are corr~d
121. Which of the following among item A (c) 2, 3Jand 4 are correct
and item B are correct? (d) 1 3 and 4 are correct
Item A: Common intention within the
Ans,'<li) [UPSC cs t997J
· 'L' 'M' 'N' 'P 'Q'
meaning of Section 34 of the Penal Code 123: It was ·alleged tha~ 1 • , ,, ' •
and 'R' with common _obJed of taking
means:
1. evil intention of many perso~ to forcible possession of Jand belonging to
'Y' krttered his land, 'P' caused grievous
commit the same act
2. implication of a pre-arranged;· plan, of
hurt to 'Y' for the purpose taking such
prior meeting of mind, between all the possession. Presence of 'Q' and 'R' was
persons constituting the_group doubted by the Court.
3. a desire of several persons to ' commit
,j
Which one of the following statements
an act without contemplating the is correct is this regard?
consequences (a) . 'L', 'M' and 'N' are guilty of the
Item B: Within the meaning· of section offence c?m¢tted by 'P' on the basis
149 in prosecution of common object of of section 149, IPC
an •unlawful assembly's means: (b) 'L', 'M' and 'N' are guilty of unlawful
1. in relation 1:o common intention of the
assembly
group (c) 'L', 'M' and 'N' are guilty on the basis
2. in order to ~ttain the commori object
of section 34, IPC
3. in relation to a common object
(d) 'L', 'M' and 'N' are not guilty at all
Select the correct answer using the codes
Ans. (c) · [UPSC CS 1996]
given below:
· Codes: 124• Common intention implies: .
(a) 1 and 2'o'f both items (a) similar intention
(b) 1 and 3 of both items · (b) pre-arranged planning
(c) 2 alo_1,1e ~f botq. items (c) presen~e of common knowl d
(d) 3 alongcirboth items .. (d) . e ge
common design for common ob'ects
Ans. (c) ' [ UPSC CS 1997] Ans. (b) [UPSC CS 1996] 1
Indian penal code, 1860 (a) Section 34 deals with . . 19
:t,ZS, ~en c,riJninal act is done1 .by several whereas section 149group liability
11
persons, in furtherance of a common wmwful assembly deals with
,intention of all, eaclt pf suclt pemons is
(b) Section 34 requires fi
where ve persons
-liable:
1
. . as section , 149 r .
(a) for the part of the act done by him ·. _ rrurumurn of two , eqwres
(b) as if the whole of the act is done by (c) Section34requiresactive arti .
}lilnalone '' whereas section 149 is p apation
. attracted even
,· (c) for abetting such an offence· , on membership of th unl
assembly e awful
H.,, (d) for coli\Spiracy ;of such art offence
1

* Ans, (bl [UPSC CS 1994; PJS 2010] (d) Section 34 is a substantive offen .
whereas section 149 is a nrl ce 01
126, 1A' is found.guilty of attempt to murder
in furtherance of common intention. , evidence only e
·Under -which one of the following , , ~s. (c) ' [HJS 2011, DJS 2014, 20iJi5,
DU LLM Entl'ance 2m512016
situations can his offence be proved?
. ' ' )harJl,2019]
(~) 'A' procured the weapon of offence
··voluntarily , 129• Common intention means- ;.
· (b) ·The weapon of offence was 'talc&\ (a) ·similar intention
away from 'A's house without his (b) Same intention'
(c) :Sharing of intention by all persons
knowledge
, (c) 'A' was made to_purchase the weapon (d~ Common plans . 1
i.Ans. (c) . ,,, I [UP APO 2002, HPJf2009]
of offence under the threat to his own
1!'e
WI
130. ~~ch_ o~e of th~ following is 'not an
essential element of Section 34 of Indian
·I '

(d) When the weapon was snatched

Panel Code?
1

away from !A' he 'did not report the • • ·

same·to police , (a) ,c ~~ ac~ done by several persons

[UPSC cs 1994] (b) Cnnunal act done in furtherance of a
Ans,(a) /I ..
common intention .
I

127. Accused persons were charged under ·'(c). Pre-arranged plan between persons
section 302 read with section 149, IPC. The
doirig crlmµlaf act
existence of coinmon intention amongst (d) Act done ini furtherance of common
the accused persons was established object -'
from the surrounding circumstances Ans. (d) ' [UP PCS 2003]
and from their conduct on the spot. No
charge had been framed under section 131.' When criminal act is do~! bf •~ veral
persons 'in furtherarice · of · commort
34, IPC. In such case intention of ali each of them fs liable
(a) it is not possible to convict . the ' -
(a) for individual act
.

accused with the aid of section 34.

(b )' as if it w~re ·aone by each alone
(b) it is possible to convict the acf:used
with the i;iid of section 34. · (c) both (a) & (b)
(c) cannot be determined. (d) none of the above [DJS2007] ·
(d) .none of these Ans, (b)
Ans. (b) [DHJS 2014] 132, Which one o~ the following cases is a
case relating to Section 34 of the Indian
128· The difference between section 34 and Penal Code? •·
· that ••••••••••••••••••
section 149 0 f IPC IS ·
20 . Cho',ce Questions on Judicial Service£,-,,__.
Multtple ...., l ' I ~
(a) K.M. Na1111Wti v. State of Maharashtra ( ) Section 34 does create Specific off
a while Section 149 ,does not
(b) Niharmdu Dutta v. King Emperor
(b) active participation is need.eel .
(c) Barendra Kum11r Ghosh v. King Emperor
Section 34 thus not necessary
(d) Kt.dJir Nath v. State of West Bengal Section 149 1ft
Ans. (c) [UJS 2009)
(c) Both (a) and (b)
133. For the application of Sedion 34, IPC, (d) None of these
there must be at least
Ans. (b) [PJS 20111
(a) two persons
138 The phrase "in furtherance of c'o1tt-
(b) more than two persons . all" d . s . -""-lOl\
intention of dus~ m ection 34 of
(c) five persons Indian Penal Co e, is
.(d) more than five persons (a) in the original draft
Ans. (a) [PJS 2010)
(b) added by Am~ding Act of is7o
134. In which case the court made a clear (c) not at all there · - -
distinction between 'common intention' (d) added by Amel}ding .Act of 1986
and 'similar intention'?
, Ans. (b) ' [UP PCS q 2013]
(a) Barendra Kumar Ghosh v. King Emperor
(b) Mahboob Shah v. King Emperor 139,. When several persons 1do a Cri1llinaJ act
(c) Kripal Singh v. State of U.P. in furtherance to the common intention:
(d) Rishi Deo Pandey v. State of U.P. (a) each of such person shall be liable
Ans. (b) [UJS 20101 according to the extent of his
participation in the crune
I •
135. Which of the following statement is
(b) each of such person is liable for that
comet?
act in the same mpnner as if it,were
(a) Section 34, IPQ creates a substantive done by him alone
offence.
(c) each of such person is liable for his
(b) Section 34, IPC introduces the
own overt act
pnncipfe of vicarious liability for an I
(d) all ofthe above
offence committed by the co-accused
(c) Section 34, IPC recognizes that the co- Ans. (b) [KCJ 2012]
participant in a crime must be made 140. In which one of the following cases
liable for his act in the co,mmission of Lord Supimer said, "they also serve who
the crime by the co-accused. stand and wait"?
(d) Both (b) & (c) above (a) Mahboob Shah v. Emperor
Ans. (d) [DJS 2011 J (b) Inder Singh v. Emperor ·
136. To establish Section 34 of IPC: (c) Barendra Kumar Ghosh v. Emperor
(a) a common _intention is tp be proved (d)' None of the above
but not overt act be p,i:oved Ans. (c) [UJS 2014)
(b) common intention and overt act both 141. Read the following:
have to be proved
(1) R. v. McNaughten is the case related
(c) common intention need not be proved
with insanity as a defence.
but overt act be proved
(d) all the above (2) R. v. Govinda is-the case related with
a common intention.
Ans. (b) [Chatt ADPPC) 2006, PJS 2011) Of the above
137. Give correct response with respect to the
(a) (1) is true but (2) is false
difference between Secti~n 34 ~d 149:
(b) (1) is false but (2) is true
tptrtination
Indian penal Code, 1860 21
co'ffence ( ) Both (1) and (2) are true (iii) Section 34 fixes a .
llllllimum two
(~) Both (1) and (2) ate false ~ersons who must share comm
eded in [Ptµtj PSC 2018}
AnB• (a) mtention while Section 149 re~
;sary in
'A' woman knowing that his husband there must be at least 10 persons to
142. , , 'ahas recently_ conmu~e . d _ d_aco1ty,
'1 . . have. the·common object
8 (iv) Some active p·irti~ati . .
harbours him mth the mtention of ~I' ODrlS necessary
screening him from punishment.-m this und er Section 34 but Section 149 does
1s20111 not require il Mere member of the
case 'A' is:
onunon (a) guilty for harbouring only unlawful
. . Assembly wi'th common
t1 34 of
1
obJect is sufficient for liability.
(b) guilty for screening only
Codes: ·
(c) guilty for harbouring as well as
screening (a) Only (i) is incorrect
370 (b) (i) and (ii) both are inco~ect
(d) not guilty
Ans,(d) [UGC-NE'.f•2018] (c) (i) and (iii) are incorrect
186
' ..
143, 'A' enters iinto·the house of 'B' with the (d). ,(i), (ii), (iii) and (iv) all are incorrect
J20131 intention to commit theft; 'B' along with Ans. (c) [HPJS,2016}
ttal act other members of his family surround 146. Whkh'of'the following-statementS'is not .
intion: and attack 'A' with ·wooden sticks. 'A' correct:
liable finding his life in danger fires with (a) In a criminal act done by several
f his pistol causing death. to 'B'. persons in furtherance of common
Here 'A' has committed: , • t intention of all, each of them will be
,r that (a) No offence, as he acted in self-<;iefe:pc~ held liable for that act.
were (b) In an act done by several persons, the
(b) ·Theft
(c) Culpable homicide not ~ounting to , ac: bein~ ~ a l only by reason of its
Jr his murder , 1 t. be~s. d~n~ with knowledge
or mtenpon, all ,persons j,oining in the
(d) Murder
act, irrespective of such knowledge or
Ans.(d) [UGC-NET 2018)
2012) intention, will be held liable for that
144. "Common Intention" and "similar act.
~ases
intention" was distinguished - jn the (c) In an offence done by means of several
who
famous case of acts, all the 'persons intentionally
(a) Barendra K. Ghosh v. King, 197,5 PC 1 'cooperating in that act by doing any
(b) Mehboob Shah v. Emperor, 1943 PC 118 of those acts, will be held liable for
(c) Kripal Singh v. State of U.P., 1954 SC that. offence
706 (d) In a criminal act done by several
(d) Rishidev Pandey v. State of U.P., 1955 persons, all may be held liable for
n4J SC 331 different offences by means ,of that
Ans. (b) [UJS 2015, HRJS 2015, act
1ted HADA2016] Ans. (b) [RJS 2016]

rith 145. .Which of the following statement/ 147. Which one of the following elements
statements is/are ,nof co"ect~ : is not essenti~ for ,the applications of
(i) Both Sections 34 and 149 of IPC itself Section 34 of the Indian Pena). Code,
create specific offences 1860?
(ii) Both Se~tions 34 and 149 of IPC relate (a) common intention
to .Doctrine oi Vicarious liability (b) commission of an offence
 · . Judicial Service Examination
22 Multiple Choice Queshons on
de punishable by the
(c) number of offenders be five (b) Any ACctdm~r any special or locaJ
Penal o e
(d) offence . should be committed in law in certain cases
furtherance of common intention (c) Both (a) and (b) . ., , '
Ans. (c) [UP PCS CJ 2008]
-'(d) . Nqne of these
1~. To impose joint liability under Section [AILET 2016]
Ans, (c)
34 of Indian Penal Code, the prosecution . d fined under:-
needs to prove: l53, "Offence" JS · e " ·
· t (a) 'Intention
(a) Section 41 of IPC ,
(b) Section 40 of IPC 'r
(b) Same·intention
(c) Section 42 of IPC
(c) Similar intention
(d) Section 39 of ,IPC
(d) Common intention
Ans. (b) [Chhat ADPPO 2008:, UJS 2010,
Ans. (d) [DU LLM Entrance 2010]
HPJS 2011, Jhar APO 2012, HJS 2013]
149. 'A' mtentionally causes 'Z's death partly
"L , Law" mentioned under Section
. 142 ofithe Indian renal c·
by illegally omitting to give 'Z' food and 154· oca1
partly by beating 'Z', 'A' is liable for ode, 1860 -means
murder by virtue of which one ·of the a Jaw applicable to , ·
followi"g sections of the Indian Penal (a) whole of Jndia ·. ·
Code? (b) .a particular part of India
(a) Section 36 (c) any part of 'India
(b) Section 37 (d) None of the above
(c) "'Section 34 Ans. (b) [UJS'2014]
(d) Section 35 155. Irt I.PC the word Illegal is applicable to
Ans. (a) [RJS 2011] which of the following?
150. To prosecute . a person und~r Section '(a) . which is an offence
37 of the Indian· Penal Code, 1860, the (b) Which is prohibited by law
following r~quirement is essential , (c) Which furnishes ground for a civil
(a) Common Intention ' action
(b) Common Object (d) To all the above
(c) Cooperation Ails:.(d)
(d) Similar Intention.
[MP APPO 2008]
Ans. (c) . [ILI LLM 2014] 156. Under Section 43 of the IPC, the word
"illegal".is not applicable to everything
151. Which one of the following Sections
(a) Which is an offence
of the Indian Perial ·Code, defines
oluntarily'? (b) Which·is prohibited by law
(a) Section 39 (~) Causing wrongful gain to one person
(b) Section 38 . or wrongful loss to another person
(c) Section 37 (d) Which furnishes ground for .a civil
(d) Section 36 action
Ans. (c)
Ans. (a) [UK CJS 2018] [MP HJS 2011]
152. The term ,offence' as defined in IPC 157. To which one of the following the word
means 'Illegal' used under Section 43 of IPC is
(a) Any Act made punishable by the not applicable? \
Penal Code (a) Which is an offence
(b) Which is prohibited by law
 'Indian Perlal Code, 1860
. (c) Which furnish~s a ground for civil
. !
action • (a) Acted With . 23
(d) Which is immoral , (b) W due care and caution
(c) was a faithful Person Worthy of trust
. 1 Ans.1(d)· [JJS 2014]1
asaGodfe.
158. 1Which -one of the following
. statements person anng and religious
is correct? ' (d) Lacked mens rea
Injury is any hann_~liat~ver illega~~y Ans. (a) [
caused to any person m his '., 163 G d ' . DU LLM Entrance 2010]
. oo faith With. th
(a) body or mind only ' -Indian Pena} C•,!11 e meaning of the
. V\le means•
(b) body, mind, reputation or property (a) an act done With
(c) body or reputation only attention ue care and
(d) body or property only (b) an actual beltef that the act done is
1 .
not contrary to law
Ans. (b) ' . · [UPSC CS 2007]
( t i .

159. 'The .word 'injury' in Section 44 of IPC

• I
an act, in fad, done honestly
(c)
denotes ha~ illegallY. ca:used to an act done under bona fide belief
(d)
(a) body 1 Ans. (a) , [uPsc CS 1999, uPSc 2001,
(b) property ' f • li}S 2014, DU LLM Entrance-2015,
r• c AILET 2016, DJS 2018-19)
(c) mind and reputatiol')._ 64 1
- ·1 ,· d Meaning
. any of good faith under IPC IS ·
(d) all of the above oing thing ',
I '

Ans. (d) (a) honestly ;() i r

[HSJS 2012]
160. Under Section 44 of IPC,' the~ term (b) in bona fide manner
'Injury'' means any harm r '·, ,f)} (c) with d~e care and attention
(a) illegally caused -to a person!·in body (d) without fault'
. and mind - ., Ans. (c)
[HSJS2012]
(b) illegally caused to a person in body 165. · Th~ word 'good faith' is defined in the
·7 -
and property .· , 1& r
. Indian
·\ Penal Code in-
(c) illegally caused to a ' person in body, _ (a~1S~ctipn 44 .!
L,

mind, reputation or property (b) Section 51 ·

(d) illegally caused to a person in body, (c) Section 52
mind and reputatio11 (d) Section 52A
Ans. (c) [HPJS 2015] Ans. (c) [lJl> APO 2002,.HPJ 2009]
161. Under section 45 of IPC, life denotes 166. ·Under the Indian Penal Code, nothing
(a) life of a human being ' ·1 is said to be done or believed in 'good
(b) life of an animal , faith' which is done or believed:
I l

, (a) without attention

·(c) life of human being and of an ,animal
. 1 both · (b) dishonestly
(c) ,without proper care and caution
(d) life of either human being or animal.
(d). without due care and attention
Ans. (a) [AJS 2011, CLAT 1LLM 2015,
Ans, (d) [CBI, APP 2015]
Bihar HJS 2019)
167. Match the items of List I with the items
162. A person is believed to have acted in
of List II and choose the correct answer
good faith when it is proven that the from the code given below.
accused:

p,
 \
24
Multiple Choice Questions on Judicial S~ce Exa,nitiq .

Lilt I Ust ll
. CHAPTER Ill , ¾
<Provufon for) (Section of J.P.C) OF PUNISHMENTS
(a) Genera.I explanation of (i) Section 45 [Sections S3-75)
'life'
(b) Act of judge when acting
·171 . According to Section ;s1 of the In<ti
(11•·) Section 52
judicially Penal Code, what 1s .~e tel'lll
(c) Act of child under seven (iii) Section 77
imprisonment for life? , ·of 1

years ·o f age (a) 20 years

(d) Explanation of 'Good (l.v) Secti'ofi 82 (b) 14 years ·
faith' (c) 16 years .
Codes:
(d) 12 years
(a) (b) (c) (d)
(a) (i) (ii) (iii) (iv)
Ans. (a) , [Chhat JS 20 ~
1
(b) (ii) (iv) (i) (iii)
172. Indian Penal Cod~:-In case of
(c) (i) (iii) (iv) (ii) offence punishable with fine on~
imprisonment for non-payment of 4=1- }',
(d) (iv) (iii) (ii) (i)
(a) has·to be simple -lllle,
Ans. (c) [UGC-NET 2018] (b) has to be' rigorous ·· ' 11
168. Accor-ding to Section 52 of Indian Penal
(c) can be partly rigorous ,and Partly
Code, ,1860, nothing is sai~ to be done simple 1 ·• '
or believed in good faith. which is done
or believed without ................ (d) either has to be•·simple or has to be.
rigorous.
(a) due care or diUgenc~
(b) due attention or bona fide Ans. (a) [MP q 2018]
(c) due care & attention 17~. Which of the conditions ·are .essentia}
(d) due diligence or bona fide for enhanc:ed punishment to ,offender
(e) None of these . with ,previous conviction?
Ans. (c) [PJS 2017} (a) The previous convi~tion must have
169. Under which of the following Sections of been for not less thai,. 3 years of
imprisonment
the IPC 'harbouring' has been defined?
(a) Section 52A (b) The subsequent offence is not
(b) Section 60 P,unis~able with imprisonment for
(c) Section 212
more than 3 years
(d) All of the above (c) The offence must be an offence relating
to property or coin or government
Ans. (a) [Jhar APO 20121 stamp
170. According to the IPC 1860, which one
(d) The previous conviction was not iri
among the following is not an offence? India
(a) Preparation to wage a war against the
State • Ans. (c) [UGC-NET 2017]
(b) Preparation to commit dacoity , 174. Where no sum is expressed to which a
(c) Preparation to commit murder · fine may extend, the amount of fine to
which offender is liable to pay is
(d) Preparation to Commit depredation (a) unlimited
on the territory of a friendly power
'(b) not exceeding Rs. 50,000
Ans. (c) [DAPP 20101
(c) not exceeding Rs. 10,oO,OOO
(d) unlimi.ted but not excessive
Ans. (d) (Ul< JS 2017]