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APS

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Haryana judiciary CPC test-III

(a) no offence (b) abetment to


Q. 1. Which one of the following is
commit murder
sufficient to prove the offence of sedition?
(c) criminal conspiracy
(a) Comments expressing disapproval of
(d) criminal instigation
the policies of the Government with a view
obtain a change in policies by lawful means
Q. 6. ‘A’ a foreigner stabbed ‘B’ another
(b) Proof of disloyalty or ill feelings.
foreigner in a foreign vessel on the high
(c) Comments expressing disapproval of
seas. Both ‘A’ and ‘B’ were brought to
the administrative action even though do
Bombay for treatment where ‘B’ died. ‘A’
not excite hatred or disloyalty
is also available in Bombay. Which one of
(d) Exciting disaffection towards the
the following propositions is correct in
government
respect of applicability of Indian Penal
Code (IPC) to the trial of ‘A’?
Q. 2. When a criminal act is done by several
(a) As both the deceased and the accused
persons, in furtherance of a common
belong to foreign countries and the
intention of all, each of such persons is
occurrence of offence has taken place on
liable:
the high seas, IPC is not applicable to ‘A’
(a) for the part of the act done by him
and hence he cannot be prosecuted in India.
(b) as if the whole of the act is done by his
(b) IPC is absolutely not applicable to a
alone
foreigner and hence ‘A’ cannot be tried in
(c) for abetting such an offence
India.
(d) for conspiracy of such an offence
(c) As the offence is completed in India
territories and accused ‘A’ is available in
Q. 3. Use of violence by a member of an
India. IPC is applicable and he should be
assembly of five or more persons in
tried at Bombay
furtherance of common abject will
(d) As IPC is applicable to Indians as well
constitute.
as to foreigners ‘A’ must be tried in India.
(a) affray (b) assault
(c) rioting (d) unlawful
Q. 7. ‘Z’ under the influence of madness,
assembly
attempts to kill ‘A’. ‘A’ hits ‘Z’ with an iron
rod seriously injuring him. In this context
Q. 4. ‘A’ sees ‘B’ drowning, but does not
which one of the following propositions in
save him. ‘B’ is drowned. ‘A’ has
correct?
committed:
(a) ‘A’ has no right of private defense since
(a) the offence of murder
‘Z’ is mad
(b) the offence of abetment of suicide
(b) ‘A’ has right of private defense though
(c) the offence of culpable homicide not
‘Z’ is mad
amounting to murder
(c) ‘A’ is guilty of inflicting grievous hurt
(d) no offence
on ‘Z’
(d) ‘A’ is guilty of inflicting simple hurt on
Q. 5. ‘A’ Instigates ‘B’ to murder ‘C’ who
‘Z’
refuses to do so. ‘A’ is guilty of:

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Q. 8. There is a fire in a particular locality. (a) Abetment can be committed by mere


‘A’, who sees this fire, pulls down houses silence
of others, in order to prevent the (b) An abettor is liable for abetment even if
conflagration from spreading and with the the abetted act is not committed
purpose of saving human life and property. (c) If abetted person is not liable for
In this case: committing the abetted act, the abettor too
(a) ‘A’ will be guilty of the offence of cannot be held liable
mischief as he pulls down houses of others (d) An abettor is liable for all the likely
(b) ‘A’ will not be criminally liable as he consequences of his abetment
wanted to bring benefit to others
(c) ‘A’ will not be liable for any offence as Q. 13. Which one of the following
he has done it for preventing other more statement is correct?
dangerous harms to persons and their (a) In conspiracy, there is no distinction
properties between principal and accessory
(d) ‘A’ will be guilty as he intentionally (b) In conspiracy principal and accessory
caused damage to the property of others are distinct.
(c) There has to be a distinction between
Q. 9. Which one of the following statements principal and accessory in all offences
correctly defines the term unlawful (d) None of the above is correct
assembly?
(a) An assembly of five or more persons Q. 14. Which one of the following will
(b) An assembly of five more persons amount to criminal conspiracy?
armed with lethal weapons (a) Two or more persons agreed to commit
(c) An assembly of five or more persons a criminal act in furtherance of their
with common object of doing a crime common intention
(d) An assembly of two or more persons (b) Intention of each of the accused persons
having some common object of doing a is known to the rest of them and is shared
criminal act (c) Unity of criminal behavior actuated by
common consent
Q. 10. Under the Indian Penal Code who (d) Agreement to commit an offence even if
among the following is liable for no step is taken to carry out that agreement
committing theft?
(a) Child below 7 years of age Q. 15. Sedition is committed by:
(b) Child below 8 years of age (a) exhortation to the people not to pay
(c) Child between 7 and 10 years age governmental revenues
(d) Child between 7 and 12 years of age (b) exhortation to join a particular party
having maturity of understanding (c) expressing disapprobation of the
administrative action of the government
Q. 11. The essence of sedition is: without exciting or attempting to excite
(a) Intention hatred
(b) benefits of gains of the accused (d) reciting seditious poem in a public
(c) result meeting
(d) both intention and result
Q. 16. The offence of criminal conspiracy
Q. 12. Which one of the following lies not is doing the act of effecting the
statements is not correct? purposes for which the conspiracy is
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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. 38. The principal of proximity to crime (d) guilty of theft


under criminal law is irrelevant while
deciding the homicide and murder : Q. 42. Sedition means:
(a) culpable homicide and murder (a) expressing disapprobation of the
(b) theft and dacoity measures of the government with a view to
(c) kidnapping and abduction obtain their alternation
(d) abetment and conspiracy (b) advocacy of boycott of foreign goods as
a means of helping Indian industries
Q. 39. Which one of the following (c) exciting or attempting to excite haltered
statements is true in relation to the offence towards the government though writing
of abetment ? (d) bringing or attempting to bring the
(a) It is not necessary that the offence for government, into hatred though words,
which abetment is alleged should have been signs or visible representation.
committed
(b) Unless an offence is successfully Q. 43. ‘X’ and ‘Y’ agree to commit theft in
committed, there’s no question of abetment ‘Z’s house but no theft is actually
(c) For the offence of the abetment of be committed. They are guilty of:
established, the a better should have been (a) no offence (b) criminal
proved to have done something at the time conspiracy
of commission of the offence itself to help (c) abetment by conspiracy
its commission (d) abetment by instigation
(d) ‘A’ returns a licensed weapon belonging
to ‘B’ commits a murder ‘A’ is liable of Q. 44. ‘A’ is in the house which is one fire
abetment with ‘Z’ a child. People below hold out a
blanket. ‘A’ drops the child in good faith
Q. 40. The abetment of offence is intending the Childs benefit. But the child
completed as soon : is killed by the fall ‘A’ has committed:
(a) the offence abetted has been committed (a) murder
(b) the a better has incited another person to (b) culpable homicide not amounting to
commit an offence murder
(c) the person abetted has done some overt (c) culpable homicide as an exception to
act towards the commission of the offence. Section 300
(d) all the above acts have been place (d) no offence

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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Q. 46. The general remedy in law of tort is:


(a) action for damages Q. 51. ‘X’ and ‘Y’ agreed to commit murder
(b) action for injunction of ‘Z’ by poisoning and ‘Y’ was to procure
(c) specific restitution of property poison, but he did not procure it. ‘X’ and
(d) action for unliquidated damages ‘Y’ are guilty of :
(a) abetment of murder by conspiracy
Q. 47. Which one of the following (b) attempt to murder with the aid of section
conclusion can be drawn from de minimis 34 IPC
non curat tax? (c) no offence
(a) Necessity knows no law (d) criminal conspiracy to murder ‘Z’
(b) Nothing is an offence done by a child
under 7 year of age Q. 52. Consider the following statements :
(c) Every person is liable for his own acts 1. In conspiracy, it is in the fact of
(d) Trifling acts do not institute an offence combination that the unlawfulness resides,
combination to injure gives cause of action
Q. 48. Which one of the following 2. Where the element of combination is
statements correctly defines abetment? absent, the motive is immaterial
(a) The principal accused must have the 3. Combination for legitimate promotion of
same intentions as that of the abettor the interests give no cause of action
(b) The liability of the abettor is dependent Which of the above statements are correct ?
on the liability of the principal accused (a) 1 and 2 (b) 2 and 3
(c) The abettor has aided the principal (c) 1 and 3 (d) 1, 2 and 3
accused in commission of the offence.
(d) The abettor has willfully misrepresented Q. 53. ‘X’ sees ‘Z’ committing that appears
a fact to someone and caused an offence to ‘X’ to be a murder ‘X’, in exercise, to the
committed by the later best of his judgment.
Exerted in good faith, of the powers, which
Q. 49. Preparation and attempt are two the law gives to all persons of apprehending
stages of commission of crime, preparation murderers in the act, sixes ‘Z’ in order to
is not punishable is that there: bring ‘Z’ before proper authorities. But it
(a) is no nexus, between preparation and turns out that ‘Z’ was acting in exercise of
attempt his right of self defence. ‘X’ is guilty of :
(b) can be chances of change of mind before (a) no offence
commission offence (b) wrongful restraint
(c) is absence of intention (c) wrongful confinement
(d) is absence of attempt (d) assault
Q. 50. Which one of the following is
punishable as sedition?
(a) Bitter criticism of the government of Q. 54. ‘X’ a surgeon, amputates the right
overthrow it hand index finger of ‘ Y’ a 14 Year old
(b) Inducing people to cease to obey law beggar, with ‘Y’s consent, and in good faint
and lawful authority that this would enable ‘Y’ to get more alms
(c) A publicist attack on policies of the :
government (a) ‘X’ commits no offence as the act was
(d) An attempt to remove the ministers from done with consent of ‘Y’
power
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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

Q. 58. Consider the following statements


1. Section 34 of IPC requires two persons
whereas Section 149 of IPC require five
persons.

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Q. 60. Consider the following statements : Q. 65. A, a surgeon, in good faith


The accused, at the time of committing the communicates to a patient, his opnion that
act, because of unsoundness of mind, is he (Patient) cannot live. The patient dies in
incapable of knowing. consequence of the shock. A is guilty of :
1. the nature of the act (a) murder
2. that the act is wrong or contrary to law (b) causing death by negligence
3. that the act is unethical and wrong (c) culpable homicide not amounting to
4. that the act is wrong and contrary to law. murder
To claim benefit of Section 84 of IPC, (d) no offence
which of these need to be proved ?
(a) 1and 4 (b) 1 and 2 Q. 66. Every person has right to defend his
(c) 2 and 3 (d) 3 and 4 own body:
(a) against any offence affection the human
Q. 61. Against which one of the following body
offences, does the right of private defence (b) and the body of his friends, against any
of property extend to the voluntary causing offence affecting the human body
of death ? (c) and the body of any person, against any
(a) Theft offence affecting the human body.
(b) Criminal misappropriation (d) and the body of his blood relative
(c) Robbery against any offence affecting the human
(d) Criminal trespass body.

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

Q. 69. Public nuisance.


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(a) materially affects the reasonable


comfort and convenience of life of a class Q. 72. X, with the intention to kill Y,
of subject who come with in the sphere or supplies him powdered sugar believing it to
neighborhood of its operation be poison. Y eats the powder. X is guilty of
(b) affects life of a class of subject who :
come within the sphere or neighborhood of (a) no offence
its operation (b) attempt to commit murder
(c) affects a person who come within the (c) attempt to commit culpable homicide
neighborhood of its operation not amounting to murder.
(d) is described as unlawful interference (d) abetment to commit murder.
with a person’s use or enjoyment of land or
some right over or in connection with it Q. 73. X is good swimmer He finds. Y, a
child of seven years of age, drowning in a
Q. 70. The watch of X had been stolen. One canal. He could have saved the child but did
day he finds it tied on the wrist of Y. In this not do so. The child is drowned, X is guilty
context which one of the following of:
statement is correct? (a) no offence (b) murder
(a) X had a right of self-defense (c) abetment of suicide
(b) X has a right of private defense of (d) culpable homicide not amounting to
property to recover the watch from Y even murder
by use of force.
(c) X’s right of private defense of property Q. 74. A person who commits an offence in
had come to an end a state of voluntary intoxication shall be
(d) X’s right of private defense of property liable to be dealt with as if he had:
revives as soon as he sees his watch in Y’s (a) The same intention as he would have
possession. had if he had not been intoxicated
(b) the same knowledge as he would have
Q. 71. X is charge for murder of Y. About had if he had not been intoxicated
a month before the murder Y had (c) the same intention and knowledge as he
attempted to rape the wife of X, X has an would have had if he had not been
intoxicated
altercation with Y immediately before
(d) not the same intention and knowledge as
murder X is: he would have had if he had not been
intoxicated
(a) entitled to the benefit of right of private
defense as the deceased had attempt to rape
Q. 75. Which one of the following acts is
his wife
not a mistake of fact?
(b) not entitled to right of private defense as
(a) Where an accused mistook a human
the right of private defense was available to
being in the jungle as a wild animal at night
defense his won body alone
and killed him
(c) not entitled to right of private defense
(b) Where an accused killed a person under
since there was an interval of one month
the mistaken belief that the latter entered his
between attempted rape and the murder
house with the intention of killing him
(d) entitled to the right of private defense
(c) Where an accused acting under a
since he was provoked on seeing the
delusion killed his own son considering him
deceased.
to a tiger
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(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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Q. 82. When a person is made to commit a


crime after being put under fear of death, Q. 86. To constitute an offence of criminal
there is: conspiracy. What is the necessary condition
(a) no mens rea (b) mens rea to be proved?
(c) no offence (d) Neither mens rea nor (a) There must be a prior meeting of two or
offence more persons
(b) There must be an agreement of two or
Q. 83. ‘A’, an officer of a Court is ordered more persons to do an illegal act or to do a
by the Court to affect the arrest of ‘P’. But legal act by illegal means
believing ‘Q’ to be ‘P’. He arrests ‘Q’ A is (c) A person does an illegal act with the
guilty of: help of two or more persons
(a) illegal arrest (d) Two or more persons commit a crime on
(b) no offence is after enquiries he arrested a sudden provocation with guilty mind
‘Q’
(c) wrongful restraint Q. 87. ‘X’ instigates ‘Y’ to murder ‘Z’. ‘Y’
(d) wrongful confinement in pursuance of the instigations stabs ‘Z’
who recovers from the wound.
Q. 84. ‘A’ sets fire to a house to scare away Which one of the following statements is
the occupants. But the whole house was correct?
gutted and two occupants died. When (a) ‘Y’ is liable for attempt to murder and
charged with under murder of two persons. ‘X’ is liable for abetment of attempt to
‘A’ defended saying that he has no intention murder.
to cause death. This was accepted by the (b) ‘Y’ is guilty of attempt to murder and
Court. The Court’s ruling can be said to be: ‘x’ is guilty of abetment of murder
(a) Wrong; because ‘A’ had intention to (c) ‘Y’ is guilty of attempt to murder and
cause fire which was likely to cause death ‘X’ is guilty of no offence
of the occupants (d) ‘X’ is guilty of attempt to murder and
(b) Wrong; because ‘A’ had intention to ‘Y’ is guilty of offence
cause fire which in all probability would
have caused death Q. 88. ‘X’ with the intention of causing
(c) Right; because ‘A’ had no intention to death of ‘Y’ instigates a child below 7 years
cause death of age to mix poisin in the food of ‘Y’ in the
(d) Wrong; because ‘A’ had intention to absence of ‘X’. ‘Y’ takes the food and dies.
cause fire which has inherently dangerous What is ‘X’ guilty of?
(a) No offence
Q. 85. Consider the following statements: (b) Abetment of murder
To justify as a defense to a charge of crime: (c) Murder
1. irresistible impulse per se is no defense (d) Culpable homicide not amounting to
to a charge of crime. murder
2. diminished responsibility is a defense to
a charge of a crime. Q. 89. Which one of the following
Which of the statements given above is/are statements regrading Section 34 and 149 of
correct? the Indian Penal Code is correct ?
(a) 1only (b) 2 only (a) Common intention and common object
(c) Both 1 and 2 (d) Neither 1 are the same
nor 2
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(b) Bothe are distinct offences in (a) Automatism (b) Mc.


themselves Naughton’s Rules
(c) Section 34 enunciates a mere principle (c) Illimitable impulse (d) Equivocality test.
of liability and creates on offence while
Section 149 creates a specific offence Q. 94. Which one the following is an
(d) Sections 34 and 149 are mutually inchoate crime?
helping Sections (a) Public nuisance (b) Criminal
attempt
Q. 90. Section 34 of I.P.C. provides for (c) Unlawful assembly (d) Riot
liability based on common intention.
Consider the following situations : 95. 'Wrongful gain' means
1. The weapon used in the offence was (a) gain by lawful means of property which
found in A’s house the person gaining is not entitled
2. A has procured the weapon of offence (b) gain by unlawful means of property
voluntarily to aid the criminal gang which the person gaining is not entitled
3. A was compelled under threat to his life (c) gain by unlawful means of property
to procure the weapon of offence which the person gaining is entitled
4. The weapon was supplied on receipt of (d) all the above
value of the weapon (sale)
Which of the situation give above reflect (s) 96. How many types of punishments have
the correct ingredients with regard to been prescribed under the Indian Penal
Section 34 ? Code
(a) 1 and 2 (b) 2 and 3 (a) three (b) six
(c) 2 only (d) 4 only (c) five (d) four
97. Sentence of imprisonment for non-
Q. 91. ‘A’ is at work with a hatchet : the payment of fine under section 64 of IPC
head fines off and kills a man who is (a) shall be in excess of any other
standing by. What offence is committed by imprisonment to which an offender has
‘A’ in this situation ? been sentenced
(a) ‘A’ has committed the offence of (b) shall be concurrent of any other
culpable homicide imprisonment
(b) ‘A’ has committed the offence of (c) shall not be in excess of any other
culpable homicide not amounting to murder imprisonment
(c) ‘A’ has committed no offence as it was (d) both (b) & (c)
an accident
(d) ‘A’ has committed no offence as use of 98. Under section 65 of IPC sentence of
hatchet was a necessity of his livelihood imprisonment for non-payment of fine shall
be limited to
Q. 92. What is the age of a child if he is to (a) one-third of the maximum term of
be exempted from criminal liability? imprisonment fixed for the offence
(a) Below 10 years (b) Below 7 years (b) one-fourth of the maximum term of
(c) Below 6 years (d) Below 12 years imprisonment fixed for the offence
(c) one-half of the maximum term of
Q. 93. Defence of Insanity is developed on imprisonment fixed for the offence
which of the following? (d) equal to the maximum term of
imprisonment fixed for the offence
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(b) mistake of law in good faith believes


99. In case of an offence punishable with himself to be bound by law to do it
fine only, imprisonment for non-payment (c) mistake of fact believes himself to be
of fine bound by morals to do it
(a) has to be rigorous (b) has to be simple (d) all the above
(c) can be rigorous or simple
(d) can be partly rigorous and partly simple 105. Under section 79, nothing is an offence
which is done by a person who is justified
100. In case of an offence punishable with by law or who by reason of mistake of fact
fine only, an offender who is sentenced to in good faith believes himself to be
pay a fine of not exceeding Rs. (a) bound by law to do it (b) justified
100 but exceeding Rs. 50, the imprisonment by law to do it
in default of payment of fine shall not (c) bound by morality to do it (d) all the
exceed above
(a) two months (b) three
months 106. The maximum 'ignorantia juris non
(c) four months (d) six excusat' means
months (a) ignorance of law is no excuse
(b) ignorance of fact is no excuse
101. In case of an offence punishable with (c) ignorance of law is an excuse
fine only, an offender who is sentenced to (d) ignorance of fact is an excuse
pay a fine exceeding Rs. 100, the
imprisonment in default of payment of fine 107. Section 76 & section 79 of IPC provide
shall not exceed the general exception of
(a) one year (b) six months (a) mistake of law (b) mistake of fact
(c) four months (d) two (c) both mistake of law and fact
months (d) either mistake of law or of fact

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
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(a) a presumption of fact


(b) a rebuttable presumption of law
(c) a conclusive or irrebuttable presumption
of law
(d) none of the above

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