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1. The motive under section 81 of IPC should be:

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A. prevention of harm to person
B. prevention of harm to property LATEST
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C. both (a) and (b)
Services Mains Examination
D. either (a) or (b).

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[Odisha Judicial Services Main Exam]

Ans. D
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2. ‘Infancy’ as an exception has been provided under:
Exam
A. section 80
Expected Questions on Indian Penal Code:
Indian Judicial Services Mains Exam

B. section 81
Indian Judicial Service Mains Exam Mock Test

C. section 82
D. section 84.
Ans. C
3. Section 82 of IPC provides that nothing is an offence

which is done by a child under:
A. six years of age
B. seven years of age
C. nine years of age
D. ten years of age.
Ans. B
4. Section 82 of IPC enunciates:
A. a presumption of fact
B. a rebuttable presumption of law
C. a conclusive or irrebuttable presumption of law
D. none of the above.
Ans. C
5. A person is stated to be partially incapax under section

83, IPC if he is aged:
A. above seven years and under twelve years

B. above seven years and under ten years
C. above seven years and under sixteen years
D. above seven years and under eighteen years.
Ans. A
6. Section 83 of IPC lays down:
A. a presumption of fact
B. an inconclusive or rebuttable presumption of law
C. conclusive or irrebuttable presumption of law
D. irrebuttable presumption of fact.
Ans. B
7. Section 82 of IPC lays down the rule of:
A. wholly incapax
B. partially incapax
C. both (a) & (b)
Ans. A
8. Under section 82 & section 83 of IPC an offence is

punishable if it is done by a child:
A. of below seven years of age
B. of above seven years of age but below twelve years if he has not
attained sufficient maturity and understanding
C. of above seven years of age but below twelve years having attained
sufficient maturity and understanding
D. all the above.
Ans. C
9. Which of the following pair is not correctly matched:
A. Mens Rea – R. v. Prince
B. Necessity – D.P.P. v. Beard
C. Insanity – Mc’Naughten case
D. Intoxication – Basudeo v. State of Pepsu.
Ans. C
10. The maxim ‘actus non facit rea nisi mens sit rea’
means:
A. crime has to be coupled with guilty mind
B. there can be no crime without a guilty mind

C. crime is the result of guilty mind
D. criminal mind leads to crime.
Ans. B
11. “In every statute, mens rea is to be implied unless the

contrary is shown.”:
This view was expressed in-
A. Sherras v. De Rutzen
B. R. v. Dudley & Stephen
C. Harding v. Price
D. R. v. Prince.
Ans. A
12. Which of the following is correct for the aforesaid:
I. The physical aspect of crime is actus reas.
II. The mental aspect of crime is mens rea.
III. The motive is the desire to commit crime
A. I & II are correct but III is not correct
B. only II & III
C. only II & III
D. all the above.
Ans. D
13. Section 84 of IPC provides for:
A. medical insanity
B. legal insanity
C. moral insanity
D. unsoundness of mind of any kind.
Ans. B
14. Irresistible impulse is a defence:
A. in India
B. in England
C. in India and England both
D. neither in India nor in England.
Ans. D
15. A hangman who hangs the prisoners pursuant to the

order of the court is exempt from criminal liability by
virtue of:
A. section 77 of IPC
B. section 78 of IPC
C. section 79 of IPC
D. section 76 of IPC.
Ans. B
16. Insanity as a defence means that a person at the time of

doing an act, by reason of unsoundness of mind is
incapable of knowing:
A. the nature of the act
B. that what he is doing is wrong
C. that what he is doing is contrary to law
D. either (a) or (b) or (c).
Ans. D
17. Which of the following is correct:
A. the burden of proof that the accused was not insane at the time of
commission of offence is on the prosecution
B. the burden of proving that the accused was insane at the time of
commission of offence is on the accused
C. there is a rebuttable presumption of fact that accused was insane

at the time of commission of the offence
D. it is a matter of inference to be drawn by the court on the facts

proved by the prosecution.
Ans. B
18. For unsoundness of mind, the impairment of the

cognitive faculty of mind to escape criminal liability:
A. must be total
B. must be partial
C. both (a) & (b)
Ans. A
19. Intoxication as defence is contained in:

D. both (a) & (b).
Ans. D
20. For a defence of intoxication, to escape criminal

liability, the degeneration of mental faculties:
A. must be total
B. must be partial
C. both (a) & (b)
D. only (b) above is correct & (a) is incorrect.
Ans. A
21. For a defence of intoxication, to escape criminal

liability, the intoxication:
A. can be self-administered
B. administered against his will or knowledge
C. should not be self-administered
D. all the above.
Ans. B
22. In cases where the act involves a specific mens rea, in

cases of intoxication under section 86 of IPC:
A. the existence of mens rea is presumed
B. the specific mens rea is not presumed
C. the specific mens rea depends upon the attending circumstances

& the degree of intoxication
Ans. C
23. The doctrine ‘volenti nonfit injuria’ is contained in:
D. all the above.
Ans. D
24. The defence of ‘consent’ applies to:
A. private wrongs
B. public wrongs
C. both (a) & (b)
D. neither (a) nor (b).
Ans. A
25. The defence of ‘consent’ is restrictive in its applicability

in cases involving:
A. alienable rights
B. inalienable rights
C. both (a) &(b)
Ans. B
26. The defence of ‘consent’ is not available in cases of:
A. consent to cause death
B. consent to cause grievous hurt
C. both (a) & (b)
Ans. C
27. Operation of consent to all offences, short of causing

death intentionally, has been extended under:
Ans. A
28. Under section 89 the consent in respect of infants

under 12 years of age or persons of unsound mind:
A. can be given by their guardians without any restriction
B. can be given by the guardian subject to restrictions mutually

agreed upon
C. can be given by the guardians subject to restrictions imposed by

law
D. all the above.
Ans. C
29. The consent is not a valid consent under section 90:
A. if given under a fear of injury or misconception of fact
B. if given by a person of unsound mind
C. if given by a child below 12 years of age
D. all the above.
Ans. D
30. Consent given under compulsion arising out of threat

of injury:
A. excuses the causing of death
B. excuses causing of any offence against the state punishable with

death
C. both (a) & (b)
Ans. D
31. The maxim ‘de minimus non curat lex’ means:
A. law would not take action on small & trifling matter
B. law does not ignore any act which causes the slightest harm
C. law would not take action in serious matters
D. all the above.
Ans. A
32. The principle ‘de minimus non curat lex’ is contained

in:
Ans. D
33. The right of private defence is contained in:
Ans. C
34. The right to private defence is based on the natural
instinct of:
A. self-preservation
B. self-respect
C. self-sufficiency
D. self-reliance.
Ans. A
35. The right to private defence is:
A. unrestricted
B. subject to restriction contained in section 99 of IPC
C. subject to restrictions contained in Chapter IV of IPC
D. subject to restrictions contained in any other provision of IPC.
Ans. B
36. Right to private defence is:
A. available under all circumstances
B. available where there is time to have the recourse to the

protection of public authorities
C. available where there is no time to have recourse to the protection

of public authorities
D. all of the above.
Ans. C
37. The law on private defence in India:
A. is the same as in England
B. is narrower than the one in England
C. is wider than the one in England
Ans. C
38. The right to private defence is available with respect to:
A. harm to body
B. harm to movable property

C. harm to immovable property
D. all the above.
Ans. D
39. Under section 98 right to private defence also is

available against a:
A. person of unsound mind
B. person who does not have maturity of understanding
C. both (a) & (b)
Ans. C
40. Every person has a right of private defence of his own

body and the body of any other person against any offence
affecting the human body, has been provided:
A. under section 96 of IPC
B. under section 97 of IPC
C. under section 98 of IPC
D. under section 99 of IPC.
Ans. B
41. Under Article 32 a writ petition can be made to the

Supreme Court by a person who himself has suffered only.
Under which of the following, a relative or friend of a
person aggrieved can file a writ petition:
A. Habeas Corpus
B. Mandamus
C. Certiorari
Ans. A
42. The right guaranteed under Article 32 can be

suspended:
A. by the Parliament
B. by the State Legislature
C. by the Supreme Court of India
D. when proclamation of emergency is in operation.
Ans. D
43. Petitions to the Supreme Court under Article 32 are

subject to the rule of Res judicata except:
A. Quo Warranto
B. Habeas Corpus
C. Certiorari
D. Prohibition.
Ans. B
44. The right given by Article 32:
A. cannot be abrogated by the Act of Legislature
B. cannot be abrogated unless the Constitution itself is amended
C. can be altered by the State Legislature
Ans. B
45. The Supreme Court has power under Article 32 to issue

directions or orders or writs in the nature of habeas
corpus, mandamus, prohibition, quo warranto and
certiorari:
A. only when there is a question of enforcement of a fundamental

right
B. when there is a question of internal disputes among communal

groups
C. when there is a question of election disputes
D. when there is a question of riotous situation.
Ans. A
46. Under which one of the following cases the traditional

rule of filing petition only by the person aggrieved except
in the case of habeas corpus is relaxed:
A. Trilokchand Moichand v. H.B. Munshi
B. Joginder Nath v. UOI
C. Rabindranath Bose v. UOI
D. Upendra Baxi v. State of UP.
Ans. D
47. Under Article 32:
A. time limit can be imposed on filing of petitions and so the Indian

Limitation Act applies
B. there is no lower and upper limit. The party aggrieved must move
the court at the earliest possible time and it is the discretion of the
court to decide whether it is reasonable delay or not.
C. time limit can be imposed by council of ministers
Ans. B
48. According to Article 30 ‘minorities’ have the right for

the administration of educational institutions:
A. which have been established by them only
B. which not necessarily have not been established by them but

belong to their religion or language
C. Article 30 does not speak about minority but deals with Scheduled
Tribes only
Ans. B
49. According to Articles 25 and 26, what constitutes an

essential part of religion or religious practice is to be
decided by the court on the basis of:
A. doctrines of particular religion
B. by referendum
C. by majority
D. by convening a religious meeting.
Ans. A
50. The fundamental rights as envisaged under Articles 12-

35 are:
A. absolutely flexible
B. can be amended
C. not justiciable
D. cannot be amended at all.
Ans. B
51. Right of disabled employee as equal citizens not to be

defeated by their superiors and they have no right to defeat
their lawful rights:
A. Sunil Poddar v. Union Bank of India
B. Mani v. State of Tamil Nadu
C. Bhagwan Dass v. Punjab State Electricity Board
D. None of the above.
Ans. C
52. In the case of People’s Union for democratic Rights v.

UOI:
A. non-payment of minimum wages is violative of Article 21
B. the decision in this case did not hearld for right to live with basic
human dignity
C. Article 21 does not envisage right to live with human dignity
Ans. A
53. The protection given to the accused under Article 20(3)

against compulsion ‘to be witness’ also includes ordinary
documentary and testimonial evidence:
A. the protection given under Article 20(3) is not attracted by the

above statement
B. the protection given under Article 20(3) is attracted by the above

statement
C. witness means other than an accused to whom protection is not

given
Ans. B
54. In case of A.K. Gopalan v. State of Madras, the

Preventive Detention Act, 1950 was found conflicting with
the two Articles:
A. Articles 14 and 17
B. Articles 19 and 21
C. Articles 23 and 25
D. Articles 23 and 32.
Ans. B
55. Which section of Preventive Detention Act, 1950 was
declared ultra vires by the Supreme Court in case of A.K.
Gopalan v. State of Madras:
A. Article 17
B. Article 11
C. Article 14
D. Article 19.
Ans. C
56. In a Calcutta case, Manager of a Bank took security for

overdraft from the customer and caused the security to be
entered into the books of the banks. The Manager shortly
afterwards returned the security to the customer before
satisfaction of the overdraft. The fact of return of security
was mentioned in the books of accounts.
A. The Manager acted dishonesty under Section 24
B. The customer acted of dishonesty under Section 24
C. both the Manager and the customer acted dishonestly under

Section 24
D. Neither of them is guilty
Ans. C
57. One Mrs. Komai bought a car on the name of her

daughter, Kiran, who is a minor, and got the insurance
policy transferred on her name (Mrs. Komal). The car met
with an accident on two counts and she file for a claim on
both the counts, from the insurance agency. She
acknowledged the receipt of the money as Kiran. The
insurance company her prosecuted under Section 467 of
the IPC alleging fraud on the appellant’s part?
A. Mrs. Komal is guilty of forgery because she made the insurance

company believed that she is Kiran
B. Mrs. Komal is not guilty of forgery because the said deceit did not
secure her any advantage as the entire transaction was that of Mrs.
Komal
C. Mrs. Komal is guilty of forgery because she signed all the papers
in the name of Kiran
D. Both (A) and (C)
Ans. B
58. Dishonest misappropriation of property, knowing that
it was in possession of a deceased person at his death and
that it has not since been in the possession of any person
legally entitled to it is dealt under-
A. Section 402 of IPC
B. Section 403 of IPC
C. Section 404 of IPC
D. Section 405 of IPC
Ans. C
59. 148 Criminal breach of trust is dealt under-
Ans. A
60. Which of the following is false of Section 34 of the

Indian Penal Code?
A.it is only a rule of evidence
B. it does not create a distinct offence
C. lays down principle of liability
D. it is a penal provision
Ans. D
61. In a case P, a married lady was found in a pool of blood

and lying on the ground. On the way to hospital in
ambulance she breathed her last. It transpired in the
evidence that when P was seated outside her jhuggi, her
brother came near her and challenged as to why she made
a complaint against her own brother R to the police, Her
other brother R and Sharma too came. There was an
altercation wherein Sharma stabbed her to death. Which
of the following is true regarding this particular case?
A. As to the vicarious liability of R & C, that the accused Sharma was

not carrying an open knife in his hand and there was no evidence to
show that this fact was in the knowledge of the other accused.
B. Sharma had not given any call to his brothers that P should be
stabbed to death. Otherwise all the accused had not come together
and for that reason it is difficult to assume that all had a prior
meeting of mind to cause the death of their sister.
C. The words used by C were to teach P a lesson for making false

accusations. Keeping in view the close relationship, it is difficult to
assume that all of them had shared the common intention to kill P.
Under these circumstances, there is no reason to rope C and R by aid
of Section 34, IPC and they were acquitted.
D. All of them
Ans. D
62. Belonging to gang of persons associated for the

purpose of habitually committing dacoity is dealt under-
Ans. C
63. Buying or obtaining possession of a minor for the same

purposes is dealt under-
Ans. C
64. Which of the following does not attract Section 34 of

the IPC?
A. the accused husband killed his wife and threw her dead body into
the well to the knowledge of co- accused. As yet co-accused took the
false plea that on date and hour incident the deceased was present in
the house.
B. the accused was involved in looting the victims in broad daylight

on the main public road. Main accused indulged in looting but co-
accused was simply standing nearby.
C. Driver and cleaner of a bus when form a common intention to kill

the deceased and in pursuance of the plan kill him and take away the
sale proceeds of the grain sold by him
D. all of them except the co-accused in B.
Ans. D
65. Habitual dealing in salves is dealt under-

Ans. A
66. Which of the following is false of Section 34 and

Section 149 of the IPC?
A. S. 34 does not by itself create any specific offence whereas S. 149

does so
B. Some active participation in crime is required in S. 34 while it is

not needed in S. 149
C. S. 34 speaks of common intention while S. 149 contemplates

common object
D. S. 34 requires at least five persons who must share the common

intention while S. 149 requires at least two persons to share the
common intention
Ans. D
67. A attacks Z under such circumstances of grave provoca-

tion that his killing of Z would be only culpable homicide
not amounting to murder. B, having ill-will towards Z, and
intending to kill him and not having been subject to the
provocation, assists A in killing Z. Which of the following
judgment under Section 38 of IPC applies to A and B?
A. A is guilty of culpable homicide and B is guilty of murder
B. B is guilty of culpable homicide and A is guilty of murder
C. Both A and B are guilty of culpable homicide
D. Both A and B are guilty of murder
Ans. A
68. The basic principle which runs through Section 32 to

38 of IPC is that:
A. in certain circumstances some part of the act is attributed to a

person who may have performed only a fractional part of it.
B. in certain circumstances an entire act is attributed to a person

who may have performed only a fractional part of it.
C. in certain circumstances an entire act is attributed to a person

who may have performed the whole of it.
D. in certain circumstances no act is attributed to a person who may

have performed only a fractional part of it.
Ans. B
69. Abetment of any offence, if the act abetted is

committed in consequence, and where no express
provision is made for its punishment is dealt under-
Ans. A
70. A quarrel arose between C on the one side and A and B

on the other. C abused A, whereupon A struck him with a
stick, and B struck him down with an axe on the head. He
also received two other wounds with the axe on the other
parts of the body. Any one of the three axe wounds was
sufficient enough to cause death, especially the one on the
head.
A. C is guilty for voluntarily provoking the attack while B is guilty of

culpable homicide
B. A is guilty of culpable homicide, while B is guilty of voluntarily

causing hurt
C. B is guilty of culpable homicide, while A is guilty of voluntarily

causing hurt
D. Both A and B are guilty of culpable homicide
Ans. C
71. All about ‘intention’ is true except one:
A. is a state of mind
B. is an objective element
C. rarely susceptible to proof
D. always a matter of inference
Ans. B
72. The word ‘illegal’ is applicable to everything:
A. which is an offence
B. which is prohibited by law
C. which furnishes ground for civil action
D. all of them
Ans. D
73. Several persons assemble at the door of the house of

one K and the appellant struck a blow with a kencha which
fell on the left thigh of a workman working in the house of
one K whom the appellant and others wanted to attack,
and as the appellant struck at the very first person who
opened the door and that was how that came to receive the
injury.
A. every person is guilty of vicarious liability excluding the appellant

B. only the appellant is to be convicted for the said injury
C. none is guilty of vicarious liability
D. none of them
Ans. B
74. Abetment of any offence when one act is abetted and a

different act is done; subject to proviso is dealt under-
Ans. C
75. In a case the accused was convicted u/s. 325 I.P.C. and
was sentenced by trial Court to two months R.I. with fine
of Rs. 500 for offence under S. 325 I.P.C. The trial pended
for seven long years.
A. the sentence is improper for an offence under Section 325 I.P.C
B. the sentence is proper and appropriate
C. the accused should be sentenced to fine and imprisonment till the

rising of Court
D. both (A) and (C)
Ans. D
76. A gives Z fifty strokes with a stick. Here A may have

committed the offence of voluntarily causing hurt to Z by
the whole beating and also by each of the blows which
make up the whole beating. As per Section 71 of IPC which
of the following should be the punishment?
A. A is liable for every blow and should be imprisoned for fifty years
one for each blow
B. A is only liable for blows he delivered on the victim
C. A is liable to one punishment for the whole beating
D. A should be separately punished for beating and delivering blows
Ans. C
77. Abetment of any offence, punishable with death or

imprisonment for life, if the offence be not committed in
consequence of the abetment is dealt under-

Ans. A
78. Abetting the commission of an offence by the public or

by more than ten persons is dealt under-
Ans. A
79. Concealing a design to commit an offence punishable

with imprisonment, if offence be committed if the offence
be not committed is dealt under-
Ans. B
80. In which of the following death sentence is awarded?
A. Waging war against the Government of India
B. Abetting mutiny actually committed
C. Murder
D. All of them
Ans. D
81. Which of the following is true about imprisonment?
A. it is characterised by hard labour
B. it is characterised by confinement to jail
C. is subject to the kind of imprisonment
D. all of them
Ans. D
82. Abetment of an offence, punishable with death or

imprisonment for life if an act, which causes harm to be
done in consequence of the abetment is dealt under-
Ans. A
83. Abetting the commission of an offence by the public or
by more than ten persons is dealt under-
Ans. A
84. What is the minimum term of imprisonment in case of,

at the time of attempting robbery or dacoity, the offender
is armed with any deadly weapon, he is punished with
imprisonment of not less than:
A. four years under Section 397, IPC
B. five years under Section 397, IPC
C. six years under Section 397, IPC
D. seven years under Section 397, IPC
Ans. D
85. Which of the following Section of the IPC has not been
omitted?
A. Section 56
B. Section 57
C. Section 58
D. Section 59
Ans. B
86. Which of the following Section of the IPC has been

repealed?
A. Section 60
B. Section 61
C. Section 62
D. Both (B) and (C)
Ans. D
87. Which of the following Section of the IPC deals with

solitary confinement?
A. Section 71
B. Section 72
C. Section 73
D. Section 74
Ans. C

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MCQs on Indian Penal Code (With

1. The motive under section 81 of IPC should be:

A. prevention of harm to person

B. prevention of harm to property LATEST

Expected Questions for Indian Judicial

D. either (a) or (b).

[Odisha Judicial Services Main Exam]

IMPORTANT: 100 MCQs for OJS Preliminary

Indian Judicial Services Mains Exam

Indian Judicial Service Mains Exam Mock Test

3. Section 82 of IPC provides that nothing is an offence

A. six years of age

B. seven years of age

C. nine years of age

D. ten years of age.

4. Section 82 of IPC enunciates:

B. a rebuttable presumption of law

C. a conclusive or irrebuttable presumption of law

D. none of the above.

5. A person is stated to be partially incapax under section

A. above seven years and under twelve years

C. above seven years and under sixteen years

D. above seven years and under eighteen years.

6. Section 83 of IPC lays down:

B. an inconclusive or rebuttable presumption of law

C. conclusive or irrebuttable presumption of law

D. irrebuttable presumption of fact.

7. Section 82 of IPC lays down the rule of:

C. both (a) & (b)

D. either (a) or (b).

8. Under section 82 & section 83 of IPC an offence is

A. of below seven years of age

D. all the above.

9. Which of the following pair is not correctly matched:

A. Mens Rea – R. v. Prince

B. Necessity – D.P.P. v. Beard

C. Insanity – Mc’Naughten case

D. Intoxication – Basudeo v. State of Pepsu.

A. crime has to be coupled with guilty mind

B. there can be no crime without a guilty mind

D. criminal mind leads to crime.

11. “In every statute, mens rea is to be implied unless the

This view was expressed in-

B. R. v. Dudley & Stephen

12. Which of the following is correct for the aforesaid:

I. The physical aspect of crime is actus reas.

II. The mental aspect of crime is mens rea.

III. The motive is the desire to commit crime

A. I & II are correct but III is not correct

B. only II & III

C. only II & III

D. all the above.

13. Section 84 of IPC provides for:

D. unsoundness of mind of any kind.

14. Irresistible impulse is a defence:

C. in India and England both

D. neither in India nor in England.

15. A hangman who hangs the prisoners pursuant to the

16. Insanity as a defence means that a person at the time of

A. the nature of the act

B. that what he is doing is wrong

C. that what he is doing is contrary to law