0% found this document useful (0 votes)
16 views23 pages

Indian Penal Code-2

Indian penal code

Uploaded by

Lavina
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
0% found this document useful (0 votes)
16 views23 pages

Indian Penal Code-2

Indian penal code

Uploaded by

Lavina
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
You are on page 1/ 23

Indian Penal Code

1. A, a police officer, without warrant, apprehends Z, who has committed murder. Here, A is
not guilty of the offence of wrongful confinement as the case falls within the general
exception which provides –

(a) Nothing is an offence which is done by a person who is bound by law to do it

(b) Nothing is an offence which is done by a person who is by reason of mistake of fact in
good faith believes himself to be, bound by law to do it

(c) Nothing is an offence which is done in pursuance of or which is warranted by the


judgment or order of Court

(d) None of the above

2. Who amongst the following is a “judge”?

(a) One who is designated as a judge but not empowered to give a judgment

(b) A magistrate committing a case for trial to another Court

(c) A collector exercising jurisdiction in a suit

(d) None of the above

3. An offence committed outside India by a citizen of India can be investigated by a local


police

(a) With prior sanction of the Central Government

(b) Without prior sanction of the Central Government

(c) With prior sanction of authorities

(d) Either (a) or (b)

4. Which of the following is required to be seen when a person who is not an Indian subject is
sought to be punished in respect of an act?

(a) The place where the act was committed

(b) Whether the person was at the time when the act was done within the territory of India

(c) Either (a) or (b)

(d) Both (a) and (b)

5. Which of the following is “person” within the meaning of the Penal code?

1
(a) Partnership firm

(b) Child who is in mother’s womb since 2 months

(c) Municipal Corporation

(d) All the above

6. The subject matter of which of the following offences is only a movable property?

(a) Theft

(b) Extortion

(c) Criminal Misappropriation of Property

(d) Both (a) and (c)

7. Which of the following is true?

(a) MLA is a public servant under I.P.C.

(b) An insurance survey is a public servant

(c) Chief Minister or Minister is a public servant

(d) Receivers appointed by Court are not public servants

8. Which of the following are tests to determine whether a person is a public servant or not?

(a) Whether he is in service of pay or Government or not

(b) Whether he is entrusted with performance of any public duty

(c) Either (a) or (b)

(d) Both (a) and (b)

9. Which is true with respect to wrongful gain and wrongful loss?

(a) A person is said to gain wrongfully when he retains wrongfully or when he acquires
wrongfully

(b) A person is said to lose wrongfully when such person is wrongfully kept out of any
property or as well as when such person is wrongfully deprived of property

(c) Both (a) and (b)

(d) Only (b)

10. In case of offences committed dishonestly, it is sufficient to prove

(a) Wrongful loss

(b) Wrongful gain


2
(c) Wrongful gain or wrongful loss

(d) Both (a) and (b)

11. A person is said to have “reason to believe” a thing –

(a) If he has sufficient cause to believe that thing

(b) If he has sufficient cause to believe and even otherwise

(c) If he has sufficient cause to believe but not otherwise

(d) None of above

12. A, a clerk of B was assigned a task of making arrangements for a party. In the meantime, C,
wife of B was given some money for the purpose of keeping it in bank. However, A took the
money as well as other valuables out of the possession of C and ran away. The offence committed
by A is –

(a) Criminal Breach of Trust

(b) Criminal Misappropriation of Property

(c) No offence

(d) Theft under section 378 r/w section 27

13. Which of the following denotes valuable security?

(a) Document which extends a legal right

(b) Document whereby a liability is acknowledged by a person

(c) Document declaring non existence of a certain legal right

(d) All the above

14. Which of the following is not true with respect to acts and omissions?

(a) Acts exclude illegal omissions

(b) Acts denote an isolated act as well as series of acts

(c) Omission denotes a single omission as well as series of omissions

(d) None of the above

15. Consider the following differences between dishonestly and fraudulently.

1 Actual loss must be caused in case of ‘fraudulently’ whereas there must be no actual loss
caused in case of ‘dishonestly’

2 Dishonestly does not require deception but fraudulently requires deception

3
3 Dishonestly is defined under section 25 while fraudulently is defined under section 24

4 There must be either actual or possible injury in case of ‘fraudulently’ whereas it is not so in
case of ‘dishonestly’.

Which is correct?

(a) 1, 2, 3 and 4

(b) 1 and 3

(c) 2 and 4

(d) 1, 2 and 3

16. Transportation of life under I.P.C. means –

(a) Imprisonment for life

(b) Transportation for a shorter term

(c) Rigorous imprisonment

(d) None of the above

17. Which of the following is true with respect to commutation of sentences?

(a) Punishment in case of death sentence can be commuted to any other punishment provided
in this code

(b) Punishment in case of sentence of imprisonment for life can be commuted to punishment
for imprisonment of term not exceeding fourteen years

(c) Either (a) or (b)

(d) Both (a) and (b)

18. Where no sum is expressed to which a fine may extend the amount of fine to be imposed on
the offender is –

(a) Unlimited

(b) Unlimited but shall not be excessive

(c) Sum fixed by the Court

(d) None of the above

19. The imprisonment imposed by Court for non-payment of fine is –

(a) Rigorous Imprisonment

(b) Simple Imprisonment

4
(c) Either Rigorous Imprisonment or Simple Imprisonment

(d) Imprisonment of any description

20. In case of offence punishable with fine the imprisonment in default of fine shall be _______
and the term of imprisonment shall not exceed _____

(a) Simple; two months when the amount of fine is Rs. 50, four months when the amount of
fine is Rs. 100 and six months in any other case

(b) Rigorous; one month when the amount of fine is Rs. 50, three months when the amount of
fine is Rs. 100 and five months in any other case

(c) Either Rigorous Imprisonment or Simple Imprisonment; two months when the amount of
fine is Rs. 50, four months when the amount of fine is Rs. 100 and six months in any other
case

(d) Simple; one month when the amount of fine is Rs. 50, three months when the amount of
fine is Rs. 100 and five months in any other case

21. The fine which remains unpaid by the offender must be levied –

(a) at any time after passing of sentence

(b) if imprisonment is for more than 6 years, then at any time prior to expiration of period

(c) Both (a) and (b)

(d) Either (a) or (b)

22. A was the M.D and B, the expert of cloth dyeing company. They had entered into a contract
with the Textiles Commissioner for dyeing of clothes. However, in spite of repeated requests,
they did not deliver back certain clothes to the Commissioner. In this case -

(a) A alone is liable for Criminal Breach of Trust r/w section 34

(b) B is liable for Criminal Breach of Trust r/w section 34 as A was not present at the time of
commission of crime

(c) Both A and B are liable for offence of Criminal Breach of Trust r/w section 34

(d) None of the above

23. Consider the following statements with respect to section 34.

1. There must be eo-instanti in order to attract section 34

2. Constructive participation does not attract liability of section 34

3. Section 34 is not a substantive offence

4. The general rule is that in section 34, one cannot be charged alone

5
5. Section 34 contemplates only joint liability of all persons involved in the criminal act

Which is correct?

(a) 1, 3 and 4

(b) 2, 3, 4 and 5

(c) 2, 3 and 5

(d) All of them

24. A, a doctor, has the charge of attending X, a patient with grievous injuries requiring medical
care and attention. A intending to cause X’s death, illegally omits to give medical treatment to X
in consequence of which the condition of X deteriorates. A is transferred to another hospital and
B succeeds him. B without collusion or cooperation from A, illegally omits to give medical
treatment to X, knowing that it will cause X’s death. X dies of injury. In this case –

(a) B is guilty of murder but A is guilty only of an attempt to murder

(b) Both A and B are guilty of murder

(c) B is guilty of attempt to murder while A is guilty of murder

(d) None of the above

25. Which of the following is ‘common object’ as defined in section 141 of I.P.C?

(a) Resistance to execution of any law or legal process

(b)Commission of the offence of mischief

(c) Compelling any person to do an act which he is not legally bound to do by use of criminal
force

(d)All the above

26. Who amongst the following will be a member of an Unlawful Assembly in order to be
charged under section 149?

(a) A person, who after being wounded retires from further fighting and death of a person is
caused after his retirement

(b)A bystander in the crowd of Unlawful Assembly

(c) A person joining the crowd and creating Riots

(d)All of the above

27. House breaking by night is –

(a) House breaking at midnight

6
(b) House breaking at sunset

(c) House breaking at sunrise

(d) House breaking after sunset and before sunrise

28. Which is true with respect to Rioting?

(a) Rioting is an offence punishable under section 146 and is defined under section 147

(b) Rioting as an offence is punishable with imprisonment of three years or fine or both while
Rioting armed with deadly weapon is punishable with imprisonment of five years or fine
or both

(c) Every member of an Unlawful Assembly is guilty offence of Rioting when force or
violence is used by an Unlawful Assembly or by any member in prosecution of common
object

(d) None of the above

29. The relations between a married couple were strained and the husband was residing away
from the marital home. The wife blamed the husband’s employer for this. She tried to persuade
her husband to return home and threatened that if he would not do so she would burn herself to
death. There was no response from husband. The wife lighted the match on herself in front of her
husband and his employer, who did not stop her and she died. In the present case –

(a) Both the husband and employer are liable for abetment by instigation to commit suicide

(b) Only the husband is liable for abetment by instigation to commit suicide

(c) Neither the husband nor the employer is liable for abetment by instigation

(d) No offence has been committed against the wife

30. A prepares with B, a copy of a false document to cheat C. For the said purpose, he purchases
a stamp paper and also asks for information as to a fact to be inserted in such false document. A
will be held liable for offence of –

(a) Cheating under section 415

(b) Abetment of Forgery

(c) Abetment of Cheating

(d) None of the above

31. Which of the following forms of abetment are punishable under I.P.C.?

(a) Where no offence is committed in which case there is a mere attempt to commit crime

(b) Where the act abetted is committed

7
(c) Where some act different but naturally flowing from the act abetted is committed

(d) All of the above

32. A, intending to cause a theft to be committed, 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. In this case –

(a) A is not guilty of an offence but B is guilty of committing theft

(b) B is not guilty for committing theft but A is guilty of abetting theft

(c) Both A and B are guilty of committing theft

(d) None of the above

33. B abets A to murder C and A kills another man D believing him to be C, but he happened to
be a friend of A and B who had no malice against him and were even sorry that he was killed. In
this case –

(a) B would be liable for abetment and A would be liable for murder

(b) Both A and B would be liable for murder

(c) Neither A nor B will be liable for murder as they had no mens rea.

(d) Only A will be held liable for offence of murder

34. A, by putting B in fear of death induces B to burn a stock of corn belonging to Z kept inside
the hoarse where Z is sleeping. Here,

(a) A is liable for abetting B to burn the stock of corn and also for putting B under fear of death.

(b) A is liable for abetting B to burn the stock of corn

(c) A is liable for abetment by instigation

(d) None of the above

35. A orders B to take a loaded gun and waylay C and rob him. C was armed with a sword and A
cautions B on account to kill him unless to save himself. B attacks C, whereupon C draws his
sword and B then fires and kills C and also robs him. In this case –

(a) A is liable for abetment u/s. 111 and 118

(b) A is not liable for abetment but B is liable for murder of C.

(c) Only B is liable for murder of C

(d) Both A and B are liable for murder

8
36. S instigated K, a bench clerk in the Court of M, a presidency Magistrate, to instigate the latter
to accept an illegal gratification for acquitting an accused in a case pending before him and
granting sanction against the complainant in the case. K required such gratification as a police
spy and intending to get S arrested, did not instigate M to accept the same. In this case -

(a) S is guilty of abetment of bribery u/s. 161

(b) S is not guilty of abetment of bribery

(c) S is guilty of abetment of bribery u/s. 161 r/w. S. 116

(d) None of the above

37. Which of the following is true with respect to Criminal Conspiracy?

(a) A criminal conspiracy is a continuing offence

(b) Offence of criminal conspiracy is exception to the general law where intent alone does not
constitute crime.

(c) It is impossible to adduce direct evidence of conspiracy.

(d) All of the above

38. A puts a bait for dogs in his pocket, and thus induces Z’s dog to follow it with the dishonest
intention of trapping it. A has committed the offence of –

(a) Cheating

(b) Mischief

(c) Attempt to Theft

(d) Theft as soon as Z’s dog began to follow it.

39. Z, going on a journey, entrusts his plate to A, the keeper of the warehouse, till Z shall return.
A carries the plate to a goldsmith and sells it. A has committed the offence of –

(a) Cheating

(b) Attempt to Theft

(c) Theft

(d) Criminal Breach of Trust

40. A delivers his watch to Z, a jeweler, to be regulated. Z carries it to his shop. A, not owing to
the jeweller any debt for which the jeweler might lawfully detain the watch as a security, enters
the shop openly, takes his watch by force out of Z’s hand and carries it away. A has committed
the offence of -

(a) Criminal Trespass

9
(b) Assault

(c) Theft

(d) Criminal Trespass and Assault but not theft

41. A commits theft on property in Z’s possession; and while committing this theft, he has a
loaded pistol under his garment, having provided this pistol for the purpose of hurting Z in case Z
should resist. A has committed the offence of -

(a) Conspiracy

(b) Attempt to Murder

(c) Theft

(d) Theft punishable u/s. 382

42. A holds Z down and fraudulently takes Z’s money and jewels from Z’s clothes without Z’s
consent by wrongfully restraining him. A has committed -

(a) Robbery

(b) Wrongful Restraint

(c) Theft

(d) Both (a) and (c)

43. A obtains property from Z by saying – “Your brother is in the hands of my gang, and will be
put to death unless you send us Rs. 1,00,000/-“. A has committed the offence of –

(a) Extortion

(b) Attempt to Murder

(c) Robbery

(d) Conspiracy

44. A, being on friendly terms with Z, goes into Z’s library in Z’s absence and takes away a book
without Z’s express consent. A afterwards sells the book for his own benefit. A has committed
the offence of –

(a) Dishonest Misappropriation of property

(b) Theft

(c) Criminal Breach of Trust

(d) No offence

10
45. A finds a cheque payable to bearer. The name of the person who draws the cheque is written
on the cheque. A knows that this person can direct him to the person in whose favour the cheque
was drawn. A keeps the cheque without finding the owner of the cheque. A has committed the
offence of –

(a) Dishonest Misappropriation of property

(b) Cheating

(c) Theft

(d) Criminal Breach of Trust

46. Z dies in possession of furniture and money. His servant A, before the money comes into the
possession of any person entitled to such possession takes it away and sells in the market. A has
committed the offence of –

(a) Dishonest Misappropriation of property u/s. 404

(b) Dishonest Misappropriation of property

(c) Theft

(d) Theft punishable u/s. 382

47. A, being executor to the will of a deceased person, dishonestly disobeys the law which directs
him to divide the effects according to the will, and uses it for his own purpose. A has committed
the offence of –

(a) Dishonest Misappropriation of property

(b) Cheating

(c) Theft

(d) Criminal Breach of Trust

48. A, a carrier, is entrusted by Z with property to be carried by land or by water. A dishonestly


misappropriates the property. A has committed the offence of –

(a) Dishonest Misappropriation of property

(b) Criminal Breach of Trust u/s. 405

(c) Theft

(d) Criminal Breach of Trust u/s. 407

49. A, by falsely pretending to be in the Civil Service, intentionally deceives Z and thus,
dishonestly induces Z to let him have on credit goods for which he does not mean to pay. A has
committed the offence of –

11
(a) Dishonest Misappropriation of property

(b) Cheating

(c) Mischief

(d) Cheating by personation

50. A, having insured a ship, voluntarily causes the same to be cast away with the intention of
causing damage to the underwriters. A has committed the offence of -

(a) Conspiracy

(b) Cheating

(c) Mischief

(d) Criminal Breach of Trust

51. A, having joint property with Z in a horse, shoots the horse intending thereby to injure Z. A
has committed the offence of -

(a) Conspiracy

(b) Cheating

(c) Mischief

(d) Criminal Misappropriation of Property

52. Z, the door-keeper of Y, is standing in Y’s doorway. A enters the house, having deterred Z
from opposing him by threatening to beat him. A has committed the offence of -

(a) House-Trespass

(b) House-breaking

(c) Mischief

(d) Criminal Trespass

53. A girl A, found a gold necklace and she handed it over to another girl C. B, brother of A
represented to C that the necklace belonged to a man of his acquaintance, and thus took it in his
possession. On enquiry by a police officer a few hours later, B repeated the representation but
afterwards gave up the necklace. The representation was proved to be untrue to the knowledge of
the accused B. B has committed the offence of -

(a) Conspiracy

(b) Cheating

(c) Mischief

12
(d) Criminal Misappropriation of Property

54. A and B were about to travel by the same train from Benaras city. A had a ticket for
Ayodhya. B had two tickets for Benaras cantonment. A voluntarily handed over her ticket to B in
order that he might tell her if it was right. B, under the pretence of returning A’s ticket substituted
therefore one of his own, and kept A’s ticket. B has committed the offence of -

(a) Theft

(b) Cheating

(c) Mischief

(d) Criminal Misappropriation of Property

55. A draws a bill of exchange on himself in the name of B without B’s authority, intending to
discount it as a genuine bill with a banker and intending to take up a bill on its maturity. Here, A
is guilty of –

(a) Theft

(b) Cheating

(c) Forgery

(d) Criminal Misappropriation of Property

56. A sells and conveys an estate to Z. A afterwards, in order to defraud Z of his estate, executes
a conveyance of the same estate to B, dated six months earlier than the date of the conveyance to
Z, intending to it to be believed that he had conveyed the estate to B before he conveyed it to Z.
A has committed the offence of -

(a) Dishonest Misappropriation of Property

(b) Cheating

(c) Forgery

(d) Criminal Misappropriation of Property

57. A signs his own name to a bill of exchange, intending that it may be believed that the bill
was drawn by another person of the same name. A is guilty of -

(a) Cheating by personation

(b) Cheating

(c) Forgery

(d) Fraud

13
58. A writes the word “accepted” on a piece of paper and signs it with Z’s name, in order that B
may afterwards write on the paper a bill of exchange drawn by B upon Z, and negotiate the bill as
though it had been accepted by Z. B, knowing the fact, draws the bill upon the paper pursuant to
A’s intention. In this case –

(a) A will be liable for forgery

(b) B will be liable for forgery

(c) Both A and B will be liable for forgery

(d) A will be liable for cheating

59. A, for the purpose of inducing B to desist from prosecuting a civil suit, threatens to burn B’s
house. A is guilty of –

(a) Mischief

(b) Arson

(c) Criminal intimidation

(d) Using criminal force

60. A makes an attempt to steal some jewels by breaking open a box, and in the course of doing
so, voluntarily hurts K. After opening the box, he finds that there is no jewel in it. A has
committed an offence of –

(a) Attempt to theft

(b) Attempt to robbery

(c) Robbery

(d) Both (a) and (c)

61. A without any excuse fires a loaded cannon into a crowd of persons and kills one of them. A
is guilty of -

(a) Murder

(b) Culpable Homicide not amounting to murder

(c) Not guilty of any offence

(d) Attempt to culpable homicide

62. Y gives grave and sudden provocation to A. A, on this provocation, fires a pistol at Y, neither
intending nor knowing himself to be likely to kill Z, who is near him, but out of sight. A kills Z.
Here A has not committed murder, but merely culpable homicide.

(a) Murder

14
(b) Culpable Homicide not amounting to murder

(c) Not guilty of any offence

(d) Attempt to culpable homicide

63. A attempts to pull Z’s nose, Z, in the exercise of the right of private defence, lays hold of A
to prevent him from doing so. A is moved to sudden and violent passion in consequence and kills
Z.

(a) Murder

(b) Culpable Homicide not amounting to murder

(c) Not guilty of any offence as there is lawful exercise of right of private defence

(d) Attempt to culpable homicide

64. Z strikes B. B is by this provocation excited to violent rage. A, a bystander, intending to take
advantage of B’s rage, and to cause him to kill Z, puts a knife into B’s hand for that purpose. B
kills Z with the knife. In this case -

(a) B may have committed only culpable homicide, but A is guilty of murder.

(b) B is guilty of Culpable Homicide not amounting to murder

(c) B is guilty of murder but A is guilty of culpable homicide not amounting to murder.

(d)Both A and B are guilty of murder

65. Culpable homicide is not murder when the person whose death is caused, being above the age
of ___________ years, suffers death or takes the risk of death with his own consent.

(a) 12 years

(b) 7 years

(c) 18 years

(d) 6 years

66. A, with the intention of causing the death of a child of tender years, exposes it in a desert
place. A has committed the offence of -

(a) Attempt to Murder

(b) Culpable Homicide not amounting to murder

(c) Not guilty of any offence

(d) Attempt to culpable homicide

15
67. A, on grave and sudden provocation fires a pistol at Z, under such circumstances that if he
thereby caused death he would be guilty of culpable homicide not amounting to murder. A has
committed the offence of -

(a) Murder

(b) Culpable Homicide not amounting to murder

(c) Not guilty of any offence

(d) Attempt to culpable homicide

68. A, a zamindar, tortures a raiyat in order to compel him to pay his rent. A is guilty of -

(a) Criminal Misappropriation of property

(b) Extortion

(c) Hurt

(d)Voluntarily causing hurt to compel restoration of property under section 330

69. A places men with firearms at the outlets of a building, and tells Z that they will fire at Z if Z
attempts to leave the building. In this case –

(a) A wrongfully confines Z.

(b) A wrongfully restrains Z.

(c) A commits the offence of arson

(d) A commits the offence of mischief

70. Z is bathing, A pours into the bath water which he knows to be boiling. Here A intentionally
by his own bodily power causes such motion in the boiling water as brings that water into contact
with Z, or with other water so situated that such contact must affect Z’s sense of feeling; A has
used force without Z’s consent intending or knowing it to be likely that he may thereby cause
injury, fear, or annoyance to Z, A has used -

(a) Force

(b) Criminal Force

(c) Mischief

(d) Attempt to culpable homicide

71. A begins to unloose the muzzle of a ferocious dog, intending or knowing it to be likely that he
may thereby cause Z to believe that he is about to cause the dog to attack Z. A has committed –

(a) Assault

(b) Culpable Homicide not amounting to murder

16
(c) Battery

(d) Attempt to culpable homicide

72. A says – “I am not surprised that Z’s book is foolish and indecent, for he is a weak man and a
libertine”. A has committed -

(a) Defamation

(b) No defamation, as he is within the exception, in as much as the opinion which he expresses of
Z’s character is an opinion not founded on Z’s book.

(c) Perjury

(d) None of the above

73. A, a shopkeeper, says to B, who manages his business – “Sell nothing to Z unless he pays you
ready money, for I have no opinion of his honesty”. A has committed -

(a) Defamation

(b) No defamation, is within the exception, if he has made this imputation on Z in good faith for
the protection of his own interests.

(c) Perjury

(d) None of the above

74. A enters by night a house which he is legally entitled to enter. Z, in good faith, taking A for a
house breaker, attacks A. In this case -

(a) Z, by attacking A under this misconception, commits no offence. But A has the same right of
private defence against Z, which he would have if Z were not acting under that misconception.

(b) Z commits culpable homicide while A commits house breaking

(c) Not guilty of any offence

(d) A is guilty of house breaking by night while Z is guilty of assault

75. A, an illiterate father, fell ill and asked his son to cast the vote on his behalf. B casted the
vote. In this case –

(a) B is liable for offence of personation at an election under section 171D

(b) B is not guilty of an offence

(c) B has the defence of mistake under section 76 and hence he did not commit any offence

(d) A is guilty of offence of cheating

17
76. Which of the following is untrue with respect to defence of mistake under section 76 and 79?

(a) Under section 76, a person acts under legal compulsion while under section 79 he acts
under a legal justification

(b) Under both sections 76 and 79, a person acts under an honest belief and in good faith

(c) A, a soldier, fires on a mob by the order of his superior officer, in conformity with the
commands of the law. A has protection under section 79 whereas in another case, A seeing Z
engaged in inflicting severe blows on B, seizes him and takes him to the police. Later on, it is
shown that Z was acting only in self defence and the seizure of Z by A was unlawful. A is
protected under section 76.

(d) Under both sections a person claims exemption from criminal liability against an act
forbidden by law by reason of a mistake of fact.

77. Which of the following is correct?

(a) Section 77 of the penal code gives protection to judges and to those who carry out their
orders against criminal process

(b) Under section 77 the officer is protected in carrying out an order of a Court which may have
no jurisdiction at all, if he believed that the Court had jurisdiction whereas under section 78, the
judge must be acting within his jurisdiction to be protected by it

(c) Section 78 is a corollary to section 77

(d) All of the above

78. Nothing is an offence which is done by accident or misfortune and –

(a) Without any criminal intention

(b) Without any criminal intention or knowledge

(c) With some knowledge

(d) None of the above

79. Section 80 exempts the act of the doer if the act is done in –

(a) Good faith

(b) Due care and caution

(c) Proper care and caution

(d) Lawful manner by lawful means and with proper care and caution

80. Section 81 is based on –

(a) The principle of expediency

18
(b) Maxim of quod necessitas non habet begem

(c) Either (a) or (b)

(d) Both (a) and (b)

81. The principle of necessity under section 81 implies –

(a) Necessity knows no law

(b) In case of choice between two evils, lesser harm must be chosen to greater harm

(c) One must try to mitigate the harm

(d) Both (a) and (b)

82. The principle underlying the protection given to a child under section 83 is –

(a) Age of the child between 7 to 12 years

(b) The child must be of immature understanding

(c) The child must not be able to understand the nature and consequences of his conduct

(d) All of the above

83. Consider the following with respect to defence of insanity.

1. A plea of insanity at the time of trial will not avail the account

2. Section 84 protects legal insanity and uses the word insanity

3. Irresistible impulse is a defence available in case of insanity

4. The burden of proof in case of defence of insanity lies on the accused to show his mental
condition

Which of the above are correct?

(a) 1 and 4

(b) 1, 2 and 4

(c) 2, 3 and 4

(d) All of the above

84. Which of the following is not a theft?

(a) Theft of electricity

(b) Theft of salt from swamp not guarded by Government

(c) Theft of dog

19
(d) Theft of idol

85. Under section 85, a person will be exonerated from liability for doing an act in a state of
intoxication if he at the time of doing it, by reason of intoxication, was –

(a) Incapable of knowing the nature of the act

(b) That he was doing what was either wrong or contrary to law

(c) Either (a) or (b)

(d) Both (a) and (b)

86. Which of the following is untrue with respect to defence of intoxication?

(a) The defence of intoxication is generally available to the accused

(b) Section 86 is an absolute defence while section 85 is a partial defence available to the accused

(c) Under section 85 a person voluntarily intoxicated will be deemed to have the same knowledge
as he would have had it he had not been intoxicated

(d) All of the above

87. Which communications are not covered under section 93?

(a) Communication made in good faith

(b) Communication made in fiduciary relationship

(c) Communication made for the benefit of the person to whom it is made

(d) None of the above

88. The harm NOT covered by section 95 is –

(a) Actual physical injury

(b) Trivial harm

(c) Any slight harm

(d) None of the above

89. Consider the following statements –

1. Causing miscarriage, public nuisance, offence against public safety, morals are covered under
section 91

2. Section 91 is an exception to the general exceptions contained in sections 87, 88 and 89 of the
code

20
3. The underlying principle of section 91 is “consent may wipe off an injury to the person
consenting but if the gravamen of the offence is not the injury but something else, the consent can
have no effect on the offence”.

4. Section 91 is an extension of the principle laid down in sections 87, 88 and 89

Which is correct?

(a) 1, 2 and 3

(b) 1, 2 and 4

(c) 1, 3 and 4

(d) All the above

90. Consent under section 90 –

(a) Is not defined but is merely described

(b) Is no consent if given under fear or misconception

(c) Includes the consent of insane person and of a child under twelve years of age

(d) All the above

91. To which of the following, the defence of section 94 is not available?

(a) In cases of hurt or grievous hurt

(b) Future death

(c) In case of offence of abetment of murder

(d) All of the above

92. A, B and C, a gang of thieves compel D at gun point to steal some valuables from a house. In
doing so, D kills Z, who is the owner of the house. In this case –

(a) D is liable for murder of Z

(b) D is not liable for murder and he can avail of the defence under section 94

(c) No defence under section 94 is available to D

(d) Both (a) and (c).

93. The doctrine of transferred malice –

(a) Implies that even if the act of a person is not intended or aimed at any particular person, it
would still amount to culpable homicide or murder

(b) Is provided in section 229, section 300(4) and section 301

21
(c) Either (a) or (b)

(d) Both (a) and (b)

94. Which of the following would not constitute a rash and negligent act under section 304A?

(a) Doctor administering poisonous medicine to his patient without studying the effects of such
medicine

(b) A person driving the car and causing an accident of a pedestrian who suddenly crosses the road

(c) Putting up an electrically charged copper wire around the latrine to prevent intruders leading to
death of a person

(d) None of the above

95. A and B, a married couple had a fight and husband of A gave her grievous injuries due to
which the she died. In this case, B is guilty of –

(a) Matrimonial cruelty under section 498A

(b) Dowry death

(c) Culpable homicide amounting to murder

(d) None of the above

96. Dowry under section 304B would not include –

(a) Any property given by one party at the time of marriage to another

(b) Any valuable security which is agreed to be given directly or indirectly

(c) Dower or mahar

(d) None of the above

97. The harassment of a woman to attract liability under section 498A should be –

(a) To coerce her or any other relative to meet any unlawful demand for property or valuable
security

(b) In respect of failure on part of woman or any person related to her to meet such demand

(c) Either (a) or (b)

(d) Both (a) and (b)

98. If hurt is caused to a person by a life convict offending under section 307, he may be
punished with –

(a) Imprisonment for a period of ten years

(b) Imprisonment for a period of fourteen years

22
(c) Death

(d) No punishment

99. A shot B from very closed quarters causing injuries on the abdomen and the left arm. A
would be held liable for the offence of –

(a) Attempt to murder under section 307

(b) Murder

(c) Culpable homicide

(d) Grievous hurt

100. Abetment of suicide is punishable with –

(a) Imprisonment for ten years or fine or both

(b) Imprisonment for ten years and fine

(c) Imprisonment for three years

(d) Imprisonment for one year

23

You might also like