LA: 13 (Criminal Law II)

Faculty Notes

Faculty Notes
Time: 120 Minutes

 Criminal Law is an important topic and almost 15-20% of Legal Aptitude Section is based
on this subject.
 What follows is an analysis of questions pertaining to Criminal Law under the Section in
major Law Entrance Exams like CLAT, NLU(D) and Symbiosis from the year 2008 to 2019:

Exam Legal Knowledge Legal Reasoning

CLAT 6 – 12 Questions 2 – 6 Questions
NLU (D) 6 – 10 Questions 2 – 6 Questions
Symbiosis 6 – 8 Questions 2 – 4 Questions

 Topics to be covered in this handout are as follows:

 Offences against body
 Offences against property
 Offences against country

 Introduction & Theory: 90 minutes

 Class Exercise: 30 minutes

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 LA: 13 (Criminal Law II)
Faculty Notes

CLASS ASSIGNMENT

General Introduction

1. Which one of the following writers says that law is the body of principle recognized and applied by the State in
the administration of justice?
(a) Salmond
(b) Hobbes
(c) Aristotle
(d) Austin
2. Which one of the following statements is correct?
(a) Criminal law mainly deals with the constitution of the machinery of the State
(b) Criminal law deals with the procedure in which administration functions
(c) Criminal law is that branch of public law which deals with definition, trial and punishment of crimes
(d) Criminal law is the law which a state prescribes to be following for the smooth running of life within the state
3. The class of law which defines and punishes offences is called
(a) Theoretical law
(b) Procedural law
(c) Substantive law
(d) Absolute law
4. The class of law which prescribe procedure for prevention investingation and trial is called
(a) Substantive law
(b) Procedural law
(c) Criminal law
(d) Tangible law
5. Which of the following writers expressed the most famous principle of criminal liability in the form of a maxim
know as Et actus non facit reum nisi mena sit rea?
(a) Salmond
(b) Hobbes
(c) Holland
(d) Coke
6. The meaning of the maxim Et actus non facit reum nisi mean sit rea is
(a) a guilty act together with a guilty mind constitute a crime
(b) a crime is the result of a guilty mind
(c) a guilty mind is behind every crime
(d) there can be crime if there is no guilty mind
7. To ensure a conviction the prosecution is obliged to prove that the accused brought about a result prohibited by
law
(a) with other proof
(b) with relevant concrete proof
(c) witness supporting the crime
(d) with a guilty mind
8. The principle of actus non facit reum nisi mens sit rea is applicable in India both in the

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(a) Law of Evidence and tax laws

(b) Indian penal Code and Labour laws
(c) Indian penal code and other Criminal Statutes
(d) Corporate laws and other labour laws
9. The third way in which the actus non facit reum nisi mens sit rea rule is applicable in the Indian penal code is
(a) by rotation
(b) by commutation
(c) by nexus
(d) by strict liability
10. The question as to why is an offender not guilty when acting under intoxication is because
(a) he does not have a guilty mind of committing the offence whilst acting under mistake
(b) he does not have a guilty mind of committing the offence whilst acting under unsoundness of mind
(c) he does not have a guilty mind of committing the offence whilst acting under intoxication
(d) he does not have a guilty mind of committing the offence
11. Consider the following statement:
Chief elements of crime are
1. A man is under a legal obligation to act in one way
2. That man has an ill motive and he acts in furtherence thereof.
3. That act results in injury to another man or to society.
4. The injured man knock at the door of the court to get relief
Which one of the above statement(s) is/are correct?
(a) 1, 2 and 4
(b) 2, 3 and 4
(c) 1, 3 and 4
(d) 1, 2 and 3
12. Negligence means the absence of such care as it is the legal duty to use in any particular circumstances but the
test of responsibility for negligence is not the same in criminal proceedings as in civil proceedings. In civil
proceedings no question of mens rea arises, but in criminal proceedings the liability of the accused to punishment
(a) depends upon the existence of mens rea
(b) depends upon the act of the individual
(c) depends upon guilty mind
(d) depends upon the manner in which the act was done
13. To attract the penal provisions for negligence it must be shown that the person.
(a) has committed some lapse on his part
(b) was guilty of a very high degree of culpable negligence
(c) was guilty of a negligence
(d) had forgotten to do certain duty on his grounds
14. Case of criminal negligence is deal with under the Indian penal Code under
(a) Ten Sections
(b) Eleven Sections
(c) Twelve Sections
(d) Thirteen Sections
15. A crime is an offence i.e. an act or omission punishable at law, which involves guilty mind
(a) and bad intention commit the crime
(b) as one of the essential elements
(c) as principal part of the act

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(d) and injury to the other person

16. If law awards punishment for a wrong such law is known as criminal or Penal law and of it provides any other
remedy
(a) it is known as Civil Law
(b) it is known as Civil wrong
(c) it is known as crime
(d) it is known as a tort
17. The same wrong may in certain circumstances amount to a civil wrong and in certain circumstances it may be a
crime or it may also be both as for example
(a) Murder, culpable homicide etc.
(b) defamation, nuisance etc
(c) dacoity robbery etc
(d) None of the above
18. If you are knocked down by the negligence of a person and sustain an injury you have two remedies one for
damages or compensation at civil law from the person who has knocked you down and the other
(a) at criminal law for punishing that person for the wrong you have suffered in the injury you have
sustained
(b) at the constitutional law for taking away your right and getting compensation
(c) at the criminal procedure code to file a case a case in the court of law
(d) at the criminal law for getting the compensation for having injured his body
19. Consider the following statements;
1. A tort differs from a crime both in principle and in procedure.
2. A crime is deemed harmful to society in general though its immediate victim is an individual
3. An injury become both a tort and a crime when it is a breach of both these duties
4. There cannot be any instance when an injury can both be regarded as a crime and a tort
Which of the above statement(s) is/are correct?
(a) 1, 2 and 4
(b) 2, 3 and 4
(c) 1, 2 and 3
(d) 1, 3 and 4
20. The provisions of the Indian Penal Code apply to any offence committed by any citizen of India in any place
within and beyond India
(a) any person on any ship or aircraft registered in India wherever it may be
(b) any person on any ship or aircraft may not be registered in India wherever it may be
(c) any person on any ship or aircraft registered in India if it crosses certain limits
(d) any person on any ship or aircraft registered in India if it violates certain laid down conditions
21. The legal consequences of an act and of an omission being the same, if an offence is committed partly by an act
and partly by an omission, the consequences will be the same as if
(a) the offence was committed by an act or by an omission alone
(b) the offence and the omission was committed simultaneously
(c) the offence or the act committed by a single stroke
(d) the omission or the offence was committed by the single act alone
22. Which one out of the following statements is NOT correct?
(a) The question of good faith is always a question of fact to be determined in accordance with the proved facts
and circumstances of each case
(b) The standard of "due care and attention" is not the standard of the hypothetically "reasonable man"

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(c) It is the standard of a man whose good faith is on trial

(d) Good faith does not require any due attention.
23. A sets fire by night to an uninhabited house in a large town for the purpose of facilitating robbery and thus causes
the death of a person. Here A may not have intended to cause death, and may even fell sorry that death has been
caused by his act; yet if he knew that he was likely to cause death. Such death shall be said to be
(a) Knowingly caused
(b) voluntarily caused
(c) happily caused
(d) sportingly caused
24. The general conditions of criminal liability are indicated with sufficient accuracy in the maxim
(a) Injuria sine damnum
(b) Damnum sine injuria
(c) Vis-Major
(d) Actus non facit reum nisi mens sit rea
25. The maxim ''Actus non facit reum nisi mens sit rea" means
(a) Act of God
(b) Guilty mind
(c) The act alone does not amount to guilt; it must be accompanied by a guilty mind
(d) If the act is a willed act, it is called a voluntary act
26. Two conditions of the criminal liability are
(a) Act and Mens -rea
(b) Prison and punishment
(c) External and Internal act
(d) Crime and Co-operation
27. Who observed that "An act is always a voluntary muscular contraction and nothing else"?
(a) Austin
(b) Salmond
(c) Holmes
(d) Blackstone
28. Austin defines what "as a bodily movement caused by volition-a volition being a desire for bodily movement
which is immediately followed by such movement provided the bodily member is in a normal condition"?
(a) Crime
(b) Punishment
(c) Act
(d) Criminal
29. Act which is not foreseen or desired is called
(a) Intentional act
(b) External act
(c) Unintentional act
(d) Intentional act
30. If A pushes B and B falls down on C who is sitting nearby and hurt is caused to C. This act of B is
(a) Involuntary act
(b) Intentional act
(c) Internal act
(d) None of these
31. Criminal law is close to

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(a) Law of contracts

(b) Law of torts
(c) Law of evidence
(d) Law of administration
32. In tort, damages are awarded to the person suffering injury but in crime there is
(a) Punishment
(b) Decision
(c) Trial
(d) Liability
33. Who was the chief architect of the Indian Penal Code?
(a) Lord Warren Hastings
(b) Lord Macaulay
(c) Lord Elphinstone
(d) None of these
34. Indian Penal code came into force on
(a) October 6, 1860
(b) January 1, 1862
(c) November 4, 1844
(d) October 14, 1837
35. The first systematic code of laws attempted in British India was known as
(a) Indian Penal code
(b) Macaulay's Code
(c) Livingstone's Code
(d) Bombay Code of 1827
36. The Criminal law is that branch of law which deals with definition, trial and punishments of crimes. It includes
rules of
(a) Prevention
(b) Investigation
(c) Prosecution
(d) All of the above
37. Intentional act means
(a) An act which is foreseen and is desired by the doer of the act
(b) An act which is not foreseen
(c) The act of will
(d) Act of body
38. The act alone does not amount to guilt, it must be accompanied by a guilty mind, which maxim defines this?
(a) Damnum sine injuria
(b) Actus non facit reum nisi mens sit rea
(c) Injuria sine damnum
(d) None of these
39. Mens-rea means
(a) Aggressive mind
(b) Offensive mind
(c) Guilty mind
(d) None of these
40. The different kinds of mens-rea are

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(a) Intention
(b) Negligence
(c) Heedlessness
(d) All of the above
41. In making a person criminally liable, an inquiry is made into his
(a) Physical attitude
(b) Social attitude
(c) Mental attitude
(d) National attitude
42. Where there is only mens-rea but not act
(a) There is criminal liability
(b) There is no criminal liability
(c) Both of these are correct
(d) None of these

General Exceptions

43. A, a soldier ,fires on a mod by the order of his superior officer in conformity with the command of law which of
the following is correct ?
(a) A will be guilty of the offence of murder
(b) Both A and his superior officer would be guilty
(c) A has committed no offence
(d) None of these
44. Mistake of fact is
(a) Excusable
(b) Un-excusable
(c) Actionable
(c) Practicable
45. 'Ignoratia facit excusat' maxim means
(a) Mistake of law is excused
(b) Ignorance of law is never excused
(c) Ignorance of fact is an excuse
(d) Ignorance of law is not an excuse
46. The maxim ' Ingorantia juris non excused' means
(a) Mistake of fact is excused
(b) Mistake of fact is not excused
(c) Ignorance of law is not an excuse
(d) None of these
47. A is at work with a hatchet, the head flies off and kills a man who is standing by, act of is
(a) An offence
(b) Excusable
(c) Not Excusable
(d) None of these
48. A person will not be liable for any act if he acts in good faith believing himself to be bound by law to do it by
reason. This is called
(a) Mistake of fact and law

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(b) Mistake of fact

(c) Mistake of law
(d) Mistake of fact or law
49. An act will not be an offence, if it is done by
(a) Misfortune or accident
(b) Accident or misfortune without any criminal intention or knowledge
(c) Accident or misfortune without any intention or knowledge of a lawful act in a lawful manner by lawful
means and with proper care and caution
(d) None of these
50. Nothing is an offence when committed
(a) By a child under four year of age
(b) By a child under nine year of age
(c) By a child under seven year of age
(d) By a child under ten year of age