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formed but in the forming of the scheme Q. 19. Common intention implies:
between the parties. A criminal conspiracy (a) similar intention
consists of: (b) pre-arranged planning
(a) an intentional act of one person with the (c) presence of common knowledge
connivance of another (d) common design for common objects
(b) an agreement of two or more persons to
do an unlawful act or a lawful act by Q. 20. Under which of the following
unlawful means situations would the Indian Courts have
(c) common intention of two or more jurisdiction?
persons to achieve an unlawful object 1. Crime committed by an Indian in a
(d) two or more persons inducing a minor foreign country
to commit an offence 2. Crime committed by a foreigner in India.
3. Crime committed by a person on a Indian
Q. 17. ‘X’, a doctor informs his patient ‘Y’ ship
that he has cancer which is in its last state. Select the correct answer using the codes
‘X’ requests ‘Y’ to arrange his family given below:
affairs as he cannot survive for more than a (a) 1 and 2 (b) 1 and 3
couple of weeks. ‘Y’ dies because of shock (c) 2 alone (d) 1, 2 and 3
on hearing this ‘X’ is:
(a) guilty of murder as he knew that such a Q. 21. Which one of the following
disclosure will cause death statements correctly describes the concept
(b) not guilty since communication was of “Mens rea”?
made in good faith for the benefit of ‘Y’ (a) Mens rea need be present at the stage of
(c) guilty of causing death by negligence planning, but not at the state of commission
(d) guilty of culpable homicide not of the offence
amounting to murder as he knew that such (b) Mens rea should be excluded unless the
a disclosure is likely to cause death statute specifically requires it to be proved
(c) Absolute prohibition is not required to
Q. 18. It was alleged that ‘L’, ‘M’, ‘N’, ‘P’, negative mens rea
‘Q’ and ‘R’ with common object of taking (d) If the statue is silent about mens rea, as
forcible possession of land belonging to ‘Y’ a general rule it should be read to the statue
entered his land, ‘P’ caused grievous hurt to
‘Y’ for the purpose of taking such Q. 22. Which of the following among item
possession. Presence of ‘Q’ and ‘R’ was A and item B are correct?
doubted by the Court.
Which one of the following Item A : Common intention within the
statements is correct is this regard? meaning of Section 34 of the penal Code
(a) ‘L’, ‘M’ and ‘N’ are guilty of the offence means:
committed by ‘P’ on the basis of section 1. evil intention of many persons to commit
149 IPC the same act
(b) ‘L’, ‘M’ and ‘N’ are guilty of unlawful 2. implication of a pre-arranged plan, prior
assembly meeting of mind, between all the persons
(c) ‘L’, ‘M’ and ‘N’ are guilty on the basis constituting the group
of section 34 IPC 3. a desire of several persons to commit an
(d) ‘L’, ‘M’ and ‘N’ are not guilty at all act without contemplating the
consequences
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Item B : Within the meaning of section 149 (b) A is guilty of murder because the death
in prosecution of common object of an is the direct consequence of the operation
unlawful assembly’s means: (c) A is not guilty because he has acted in
1. in relation to common intention of the good faith although knowing fully well that
group X will die
2. In order to attain the common object (d) The matter being subjective, no specific
3. in relation to a common object decision can be given
Select the correct answer using the codes
given below: Q. 25. Which of the following among item
Codes: A and item B are correct?
(a) 1 and 2 of both items The right of private defense extends,
(b) 1 and 3 of both items subject to Section 99, to the causing of
(c) 2 alone of both items death of the assailant or aggressor in the
(d) 3 along of both items following circumstances:
Item A : For defense of body:
Q. 23. Consider the following statements: 1. Against an act which reasonably causes
section 34 of the I.P.C. does NOT apply the apprehension of an assault to outrage
where: the modesty
1. five or more person assembled where one 2. Against an act which reasonably causes
killed A the apprehension that the assailant will kill
2. A and B who are enemies of C decided his children living in another city
distinctly of kill C.A killed C when B was 3. Against an act which reasonably causes
also present the apprehension that grievous hurt would
3. the presence of any person, who otherwise be the consequence
participated in the pre-arranged plan, is not Item B : For defense of property: While the
necessary at the time of actual commission trespasser is engaged in house breaking
of the crime during day time.
4. privity of mind of all the accused is an 2. Against a thief who reasonably causes
essential ingredient for the commission of the defender to believe that he would lose
crime his property
Of these statements: 3. Against a person who commits mischief
(a) 1, 2 and 4 are correct (b) 1, 2 and 3 under such circumstances as may
are correct reasonably cause apprehension that
(c) 2, 3 and 4 are correct (d) 1, 3 and 4 grievous hour would be a consequence
are correct Select the correct answer using the codes
given below:
Q. 24. ‘A’ surgeon knowing fully well that (a) 1 and 3 of both items (b) 2 and 3 of
except a miracle, nothing can save X, who both items
is ailing from a disease. In good faith, if the (c) 3 alone of both items (d) 1 and 2 of
surgeon operated on X, but as a both items
consequence of that operation X died, then
which one of the following would be Q. 26. Which of the following statements
correct? are correct in relation to criminal
(a) A is held guilty of murder for knowing conspiracy?
well that X will not survive
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1. When two or more persons agree to do an 4. Abettor must have the same guilty
unlawful act by an unlawful means then intention or knowledge as the principle.
they will be guilty of criminal conspiracy Select the correct answer using the codes
2. Several persons agreed to Commit an given below:
“offence” but nothing was done in Codes:
pursuance of the agreement (a) 1, 2 and 3 (b) 1, 3 and 4
3. When two or more persons agree to do a (c) 1, 2 and 4 (d) 2, 3 and 4
lawful act in lawful manner by lawful
means but an overt act is done by one them Q. 29. Which one of the following
4. Criminal conspiracy to commit and conditions if present would constitute the
offence punishable with fine alone will not offence of sedition?
entail any liability (a) A film depicting corruption among
Select the correct answer using the codes politicians with a view to bringing into
given below: hatred and contempt and exciting
(a) 1, 3 and 4 (b) 2, 3 and 4 dissatisfaction towards politicians
(c) 1, 2 and 4 (d) 1, 2 and 3 (b) An article in the most vociferous
language expressing disapprobation of the
Q. 27. ‘A’ entered into an agreement with measures adopted by the Government of
‘B’ to obtain undue favor from a member of India in relation to liberalization of
the Government on the promise that ‘A’ economy and thereby exciting
will pay Rupees one lakh to ‘B’ who will dissatisfaction towards government policy
deliver the same to that member. A paid the (c) An audio cassette containing a speech
amount to ‘B’ who in turn paid it to ‘C’, a expression dissatisfaction towards the
member of Government for the said government’s policy of reservation and
purpose as reward, ‘C’ subsequently exciting caste feelings among different
refused to do any favor. sections of society and thereby brining the
On the basis of the above facts: government into disrepute
(a) ‘B’ alone is responsible for his actions (d) A speech made by dissident member of
(b) both ‘B’ and ‘C’ are liable as there was national political party with a view to
an abetment by conspiracy exciting disaffection towards the
(c) ‘C’ alone is responsible as he government and to change the government
misappropriated the money for his own use establish by law by resorting to violent
(d) ‘A’ has no ground to bring prosecution means
against ‘C’, because at the time of
agreement C’ s name was not known to ‘B’ Q. 30. If Actus non facit reum nisi mens siti
rea is a cardinal principle of criminal law,
Q. 28. Which of the following statements then which one of the following statements
are correct? correctly reflects the above principle?
(a) Mens rea is an essential element of a
1. Abettor may be liable for a different crime and there cannot be a crime without
offence than that for which principal is mens rea
liable (b) Criminal liability under India Law
2. Abettor is liable even if principal is always implies mens rea
innocent (c) To constitute a crime there must be actus
3. Abettor’s liability is dependent on the reus and mens rea
liability of the principal
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(d) Actus reus is not always necessary to (d) As he is not a medical practitioner and
constitute a crime is unskilled the plea of consent and good
faith will not be available
Q. 31. ‘X’ instigates ‘Y’ to commit murder
to ‘Z’, ‘Y’ in consequence stabes ‘Z’ but Q. 35. Which one of the following is not
‘Z’ survives the wound. correct in case of defence of intoxication ?
‘X’ is guilty of: (a) Defence of intoxication is available both
(a) murder (b) attempt to in case of involuntary and voluntary
murder intoxication
(c) abetment of attempt to murder (b) Intozication is a defence when the
(d) abetment of murder intoxicated person is incapable of knowing
the nature of the act at the time of doing it.
Q. 32. ‘X’ and ‘Y’ swimming in the sea, (c) Intoxication is a defence when the
after a shipwreck got hold of a plank. The intoxicated person is incapable of knowing
plank was not large enough to support both what he was doing was either wrong or
‘X’, with no other option, pushed ‘Y’, who country to law.
was drowned. ‘X’ has committed: (d) Particular intention and not knowledge
(a) Culpable homicide (b) Murder is attributed to the accused who has acted
(c) the offence of causing death by under voluntary intoxication
negligence
(d) no offence Q. 36. Which one of the following is
associated with Common intention ?
Q. 33. Which one of the following in an (a) Similar Intention
essential ingredient of sedition? (b) Pre-meditated concert
(a) Dishonest intention (c) Same intention
(b) Malafide intention (d) Unanimous decision in a meeting to do
(c) Words spoken must cause public a particular act
disorder by acts of violence.
(d) Words spoken must be capable of Q. 37. When a criminal act is done by
exciting disaffection towards the several persons in furtherance of common
Government intention of all each one of them is liable :
(a) as if it was done by each one of them in
Q. 34. A person who is not qualified as a singular capacity
medical practitioner, performed an (b) only for the part each one has done
operation with the consent of a patient. The (c) for an abetment of commit the act
patient died. Which one of the following (d) for an attempt to commit the act
grounds will be most appropriate to
determine his liability?
(a) Volentinon fit injuria is a complete
defense
(b) He has no intention to kill and has
performed the operation in good faith for
the benefit of the person
(c) He has earlier done similar operations
with a success
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Q. 41. ‘X’ committed theft in a Government Q. 45. Which one of the following brings
building ‘Z’ a Chowkidar of the building, out the distinction between Section 34 and
kept the gate of the building open with the 149 of the IPC?
intention of facilitate X’s safe retreat whit (a) Section 34 creates a specific offence
the stolen property and thereby facilitated where as Section 149 does not
his retreat. Which one of the following (b) Section 34 as well as Section 149 create
statements is correct? specific offences
‘Z’ is : (c) Section 149 creates a specific offence
(a) guilty of abetment of theft by whereas Section 34 does not
intentional aiding (d) Section 34 as well as Section 149 do not
(b) guilty of they by instigation create specific offences
(c) not guilty of abetment
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(b) ‘X’ commits an offence as the consent 2. Section 34 of IPC requires common
of a child to 14 years is of no avail intention, whereas Section 149 of IPC
(c) ‘X’ commits no offence as the act was requires common object
done in good faith for the benefit and with 3. Section 34 of IPC and Section 149 of IPC
the consent of ‘Y’ both require presence of a prior consent.
(d) ‘X’ is not exempted from criminal 4. Section 34 of IPC and section 149 of IPC
liability as the act done was not in good both create specific offence.
faith within the meaning of Indian Penal Which of the above statements are correct ?
Code. (a) 1 and 3 (b) 2 and 3
(c) 1 and 2 (d) 2 and 4
Q. 55. ‘X’ having sufficient food does not
provide some food to a beggar who dies of Q. 59. A, a police constable, used third-
hunger. ‘X’ is guilty of: degree measures against a person on the
(a) non offence order of his superior officer. As a result of
(b) attempt to murder this “to true”, the person lost one of h’s
(c) murder eyes.
(d) causing death by rash or negligence act Which one of the following shall be the
ground of defence to succeed in acquisting
Q. 56. Assertion (A): A servant removes a the accused constable ?
wrist watch from the table and keeps it (a) Torture was committed on the order of
concealed under the carpet in the same the superior
room for fear of being detected. He is guilty (b) Torture was committed on account of
of theft. fear of losing the job.
Reason (R): To be guilty of the offence of (c) Torture was committed on account of
the theft son must move and take away the fear of beings suspend
property stolen. (d) Torture was committed on account of
fear of instant death.
Q. 57. For abetment by conspiracy:
(a) a mere agreement between two or more
persons to do an unlawful act is enough
(b) some act or illegal omission must take
place in pursuance of an engagement
between two or more persons to do an
unlawful act
(c) there must be an international aid by one
person to another for the doing of an
offence.
(d) one person must instigate the other for
the commission of an offence
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Q. 62. Nothing is an offence which is done Q. 67. Some militants are hiding in a house
by a person who is : occupied by an individual Militants are
(a) 100-years-old man engaged in an attack on the police party by
(b) 6-yers-old boy firing from the house. The police persons,
(c) 12-yuears-old girl to defend themselves, fire towards the
(d) 18-years-old girl house and an innocent person in the house
is hit by the bullet and dies as a result. The
Q. 63. Voluntary intoxication : police persons, are guilty of:
(a) makes an offence more serious or (a) no offence
increases the gravity of an offence (b) culpable homicide not amounting to
(b) is a weak defense to a criminal change murder
(c) is no excuse for the commission of an (c) murder
offence (d) death by rash or negligent act
(d) reduces the gravity of all the offences
Q. 68. Criminal conspiracy is an agreement
Q. 64. Good faith within the meaning of the between two or more persons to :
Indian Penal Code means : (a) do or cause to be done an illegal act
(a) an act done with due care and attention (b) do or cause to be done an illegal act, or
(b) an actual belief that the act done is not an act which is not illegal by illegal means
contrary to law. (c) do or cause to be done an act which is
(c) an act, in fact, done honestly illegal by illegal means
(d) an act done under bonafide belief (d) commit an offence
(d) Where a constable wanting to settle on him to save him but, ‘A’ died. The police
personal scores with A, mistakenly prosecuted the surgeon for murder on a
apprehended B and caused injury to B complaint by A’s relative. Since it was an
act done in:
Q. 76. A, on grave and sudden provocation (a) good faith no offence was committed
from Z, fires a pistol at Z, does not die, A is (b) good faith done for the benefit of the
guilty of: deceased, on offence was committed
(a) attempted murder (c) good faith and for the benefit of ‘A’, and
(b) culpable homicide not amounting to it was impossible to get consent in time,.
murder The surgeon is not liable
(c) attempt to commit culpable homicide (d) Saving the life and under professional
(d) grievous hurt ethics, he is not liable.
Q. 77. ‘A’ instigates ‘B’ to cause grievous Q. 80. ‘A’ sacrificed his son before his
hurt to ‘X’. In consequence if the Goddess who according to him appealed
instigation ‘B’ causes grievous hurt to ‘X’. him in dreams and asked for the sacrifice.
‘X’ dies in consequence. ‘A’ is guilty of On being charged for murder he set up the
abetment of: plea of unsoundness of mind. Can his plea
(a) Murder if ‘A’ knew that the grievous ne sustained?
hurt abetted was likely to cause death (a) No, because he knew that what he did
(b) Grievous hurt as ‘A’ had instigated to was wrong and contrary to law
commit grievous hurt and not murder (b) No, because he knew the nature of what
(c) Murder even if ‘A’ did not know that the he did or what he did was wrong, or
grievous hurt and not murder contrary to law
(d) Culpable homicide not amounting to (c) Yes, because he was insane inasmuch as
murder as death had resulted as a he had no sense of reality
consequence of the grievous hurt (d) Yes, because he was innocent and he
had done what he was asked to do by his
Q. 78. Consider the following statement in Goddess
respect of criminal conspiracy:
1. There has to be always an agreement to Q. 81. ‘P’ was picked up by a gang of
commit an offence robbers in a car from the street. He was
2. The agreement must be between two or given a revolver and asked to shoot at ‘M’.
more persons
When ‘P’ resisted, a revolver was put on
3. Unlawful means always be used
4. The agreement may be for any act his ear and he was told that if he did not
prohibited by the law shoot, he would be shot dead. Then ‘P’
Which of the statements given above is/are shot ‘M’ dead. On a charge of murder, ‘P’
correct? argued that his act was not voluntary nor
(a) 1 and 3 (b) 2 and 3 was there means rea. ‘P’ is guilty of:
(c) 3 only (d) 2 and 4
(a) culpable homicide not amounting to
Q. 79. ‘A’ met with an accident and became murder
unconscious. He was taken to the hospital (b) no offence
by the police and there was none to identify (c) attempt to commit murder (d) murder
him. The surgeon performed an operation
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102. Section 73 of IPC provides for the 108. Under section 80, the exception of
maximum limit of solitary confinement to accident is available when an offence is
be committed while
(a) one year (b) two years (a) doing a lawful act in a lawful manner by
(c) three months (d) six lawful means
months (b) doing a lawful act in any manner by any
means
103. General exceptions are contained in (c) doing a lawful act in a lawful manner by
(a) Chapter III of IPC (b) Chapter IV of any means
IPC (d) all the above
(c) Chapter V of IPC (d) Chapter VI of
IPC 109. The motive under section 81 of IPC
should be
104. Section 76 provides that nothing is an (a) prevention of harm to person
offence which is done by a person who is or (b) prevention of harm to property
who by reason of (c) both (a) & (b) (d) either (a) or (b)
(a) mistake of fact in good faith believes
himself to be bound by law to do it 110. Section 82 of IPC enunciates
Delhi Classroom address: 112, First Floor, GTB Nagar Mall road, above Kotak Mahindra ATM; Near GTB Nagar Metro
Station exit gate no. 3
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APS
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Delhi Classroom address: 112, First Floor, GTB Nagar Mall road, above Kotak Mahindra ATM; Near GTB Nagar Metro
Station exit gate no. 3
Mob: 8803288032; Email:aps.iclap@gmail.com