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    Ipc Pariksha Manthan MCQ

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    mcq

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    1 4 Indian Penal Code, 1860 INTRODUCTION, NATURE ‘AND ESSEN — Extent, commencement & applicability Which one of the following is the date of enforcement ofthe Indian Penal Code, 1860? (b) July 1, 1860 (@) January 1.1861 (@)-Feuary 1, 1862 [U-P. CJ 2006, Chat ADPO 2008, UJS 2002, CJS 2016, H.P. JS 2011] Section 1 of Indian Penal Code deals with (a) January 1, 1860 Ans. (4) (@) definition of crime we and extent of operation of the Code (@ title and jurisdiction of the code (@) None of the above Ans. (b) [Bihar APO 2010] ‘Who prepared the first draft of Indian Penal Code (2) Canning (b) Stephen (Q Bentinck (@ Macaulay ‘Ans. (d) [Bihar HJS 2020,UJS 2013, AJS 2017, ULP. HS 2012, TJS 2015, OJS 2016] 4. The draft of the Indian Penal Code was prepared by orkeatm ‘Commission (b) Second Law Commission (9 Third Law Commission (@) Sixteenth Law Commission ‘Ans. (a) [UP.AP.O.,2019] 5. The Preamble ofthe Indian Penal Code, 1860 aims to provide a (@) Comprehensive penal code {0) Béneral penal code (©) Exclusive penal code (@) None of these {Pys 2019] 6& — To which of the following is Indian Penal Code not applicable ? (a) State of J a K (b) A foreigner committing offence in India (©) Offence committed on Indian Aircraft flying over territory of Japan (4) A foreigner commiting offence in teritoil water of India Ans. () [cjs 2016] Note : After coming into force of & K Reorganiza- tion Act, 2019 wef 31-10-2019, the Indian Penal Code shall extend to whole of India. 7. Whether Indian Penal Code, 1860 applies to an offence committed by a citizen of India outside India? @ (b) No (0) If the offence is associated and has nexus with ‘another offence committed in India. (4) Only if there is a mutual treaty between India and the country in which the offence was committed. Ans. (a) [DJs 2018] "A' who is a citizen of India commits murder in ‘Uganda. He is arrested in Delhi. He can be tried and convicted of murder— (@) Onlyin Uganda (6) Only in that country of which the deceased was a citizen (9 Inagy one of the above (@ABDalhi Aas. (d) IM. CJ 2001, H.P. JS 2009] 9, ‘Atwho is a citizen of India, commits a murder in England. He is found in Indore and arrested accordingly. Where can 'A' be tried ? (@) at New Delhi, the capital of India (b) at Bhopal, the capital of MP. (9 -Afndore, where he was found (@) atany place in India Ans. (c) [M-P. APO 2008] eee “Semarth Agrawal Books 339 10. A’, a Spanish citizen, who was residing in Paris, instigated the commission of an offence which in ‘consequence was committed in India. He wy Mle as the offence was committed in India (b) is liable since the Indian Penal Code also extends to extraterritorial acts (© can be held liable because the offence was to be committed in India (@) cannot be held liable because instigation was not given on Indian territory Ans. (a) IL Read the following 1. Indian Courts have jurisdiction to try crime committed by an Indian in a foreign country 2. Indian Cours do nothave jurisdiction to try crime ‘committed by a foreigner in India ‘of the above [RIS 2011] (2) (7S true but (2) is false ©) (i) is false but 2) is true (© Both (1) &(2) are true (@) Both (1) & (2) are false Aas. (2) [UP. APO 2015] 12 Under which of the following situations would the Indian courts have jurisdiction? 1. Crime committed by an Indian in a foreign country 2. Crime committed by a foreigner in India 3. Crime committed by a person on an Indian ship Codes: (@) 1and2 (b) Land3 © Zonly (d-T2 and 3 Ans. (d) DC) 2019] 13, The Criminal Law (Amendment) Act, 2018 came into force from- (a) 11 August, 2018 Abi, 2018 (©) 1 September, 2018 (@) sJuly, 2018 ‘Aas. (b) [UP. APO 2019,U.P. Cj 2018] | Code, 1860 rats of a crime arc Essential ingredic Aas reosand mens rea Sr jiacoa ons tone (Q Motive, intention and (a) Knowledge, intention and action [Chhat ADPO 2006, M.P. APO 2009, HP. JS 2015} lowing is not essential for an bo) Motive (0) Probibited act (4) Punishment for act ‘Ans. (b) [MP. APO 2003, U.P. APO 2002, HEP. JS 2007, UJS 2002, U.P. CJ 2003, 2006] Which of the following is normally an essential clement of Crime? knowledge Ans. (a) Which one of the foll offence? (a) Intention (@) Volition \(0) Aa Reus (Q Motive (4) Will Ans. (b) [UP Lower 2009, HLP. JS 2014] ‘Actus reus is that result of human conduct which the law seeks to prohibit. This definition was given by: (@) Glanville Williams ((b) Seniny (© Blackstone @ Russell Ans. (b) [HLP. JS, 2020] Crime which do not require intention, reckles- ness or even negligence as to one or more ele ments in the actus reus are known as — (@) Vicariousliability (6) Sch labley (9 Act of God (@) Force majeure Ans, (b) [OJS 2013] ‘The maxim actus non facit reum nisi mens sit e2 means () commonintention (b) group liability o state of mind in crime (@) wrongful motive An) [PJs 2012] ee: Samarth Agrawal Books 1 Indien Pe Cade, 1860 Crime is (9 Prise Wrone (Mibic Wrong {Cw Wrong (aypptore of the above (6) (a) JAG state wrong 1 itisacivil wrong (@ itisa private wrong {@) none of above Ans. (@) [HJs 2011) actus non facit reum nisi mens sit reais a cardi- sal principle of criminal law, then which one of the following statements correctly reflects the above principle ? {@) Mens reais an essential element of a crime and there cannot be crime without mens rea (b) Criminal liablity under Indian law always implies mens ea constitute a crime, there must be actus reus and mens rea (@) Actus reas in not always necessary to constitute a cime Ans. (c) DC) 2019] Which of the following maxims is related to Mens-rea? (a) Autrefois acquit and Autrfois convict pes fact reum nisi mens sit rea (2) Nala poena sine lege, Null Crimen sine lege (4) Nemo debe bs punivi pro wo delico Ans. (b) [UP. PCS 2011] 2 4 5 ‘Actus non facit reum nisi mens sit rea implies that: (2) mere act or illegal omission on the part of the acctsed makes him liable under criminal law (b) mere mind coupled with motive behind the crime makes the accused liable under the criminal law: (© guilty mind ofthe accused coupled with desire to tive effect tothe guilty mind is suficent to make we accel liable under the criminal law (4) #6 et per sis criminal usless accompanied by puilty mind ‘Ans. (4) {DAPP 2010] "It is the maxim older than the law of England that no man is guilty unless his mind is guilty.” it was observed by Lord Arbinger in (2) Harding Price a0) Re Allg (0 ReFowlr (@) Bred 2 Wood ‘Ans. (b) [wp.pcs2011] Mens rea is— iity mind (b) Proved fact (0) Intention of the law maker (d) Measuring mind Ans. (a) [ays 2012] ‘Actus me invito factus non est mens actus means (@) the act itself does not make 2 man guilty unless his intentions were so (9) AG done by me pint my willis not my act all (©) the intent and the act both must concur to constitute crime (@) none of the above ‘Ans. (b) {oys 2011] ‘The principle of criminal liability ‘actus non facit 16 “In every statute 'mens reais tobe implied unless fa nisi mens sit rea’ was developed and adopted (@) The Equity Courts (b) The Indian Courts (he Common Law Courts (4) None of these Ans, (2) (HP. JS. 2011] contrary is shown, ‘This view was expressed in:— ey ster u DeRutzen (b) Ru Dudley and Stephen (0) Harding Pre (@) Re Prine ‘Ass. (a) [U.P. ©) 2006, 2012, har APP 2012} ‘Samarth Agrawal Books 341 Indian Penal Code, 1860 17. For which of the following offences, mens rea is nota ite? (© Trespass (4) None of the above Ans. (2) [Hys 2013), 18 In which of the following offences, guilty inten- tion is not an essential element ? (b) Robbery (@) Marder (b) Thee © Rotbey . @Bamy Ans. (é) [ur.cjao, UP. APO 2018) 18. In which of the following cases, doctrine of ‘Mens zea! is NOT applicable? (@ The, (©) Murder Q Piblic nuisance (@) Thug Ans. (©) [UPAP.O, 2019] 20. Which onc of the following is not related to Mens rea? (@ RuPine (>) Queen 2. Tolson (© Sheragy. De Raton Kamar Gh. Emperor Aas. (d) [UJs 2009} 2L Which of the following does not form part of ‘Actus Reus? 2 DeGieget of conduct (b) Result of conduct (© Ciscumstances as are specified by law (4) Conduct Ans. (3) [ys 2014] 22. The following principle is least relevant for criminal liability : 2B. 26, ‘re cardinal principle of Criminal 139 Nulium Se cardinal crimen mulla poena sine lege ) Wome or punishment can exist without a pre existing penal law. (0) Aman is presumed to be innocent untill proven guilty (© Ignorance of law is (4) Anact must be accompanied by a criminal intene no excuse, to constitute an offence. Ans. (a) [ey 2015) ‘According to ime is a violation of public rights and duties due tothe whole commu- nity”. (a) © Prof. Glanville Williams William Blackstone (0 SirKenny (@) SirRussell Ans. (a) [ys 2013] “An act committed or omitted in violation of a public law forbidding or commanding it is crime.” thas been said by = (@) Stephen Qian Blackstone (© Henry Maine (d) Kenny ‘Ans. (b) [HLP. Js 2019] "An act forbidden by law and which is at the same time revolting to the moral sentiments of the society, is called crime.’ Itis said by (@) Kegzon. (b) Austin ie (a) Paton Ans. (c) [U.P. Lower 2009] "In order that an Act should be punishable it must be morally blameworthy. It must be a sin". Which of the following made this observation? (2) Causation (@) Salmond (b) Contemporancity (b) Justice Krishna lyer (Q) Novusactus intervenions apes (@) Sire (@) Stephen ‘Aas. (d) (HLP. Js, 2020] Ans. (c) Samarth Agrawal Books «qui facit peralium per seis the essence is Of on the following principles of criminal liabij 3 bility. (2) Joint Criminal Liability (6) ¥Gtious lability 1 Coeporatecrimina ability (@) Set iabilty Ans. (6) Toisas pp, Insome cases a crime is constituted even though the actis not done with guilty intention, These are cases of, (a) Vicarious liability (6) Liability of tate (a) Joint liability. [Bihar HYs, 2029) 4, Successful prosecution under criminal law means:— (9 Sectliabilty Ans. (©) (@) acquittal of the accused (0) discharge of the accused (9 ition ofthe accused @) punishment to the accused Ans. () IMP. APO 2009] F nian Poul Ode 1869 Which of the following is correct sequence of Stage ina crime? (2) Intention, Atempe, Accomplishment, Preparation {W)Joreition, Preparation, Attempt, Accomplish: ment (©) Preparation, tntention Attempt, Accomplishment (4) Preparation, Motive, Attempt and Accomplish- ment a {Pys 2017] Preparation of which of the following offences is punishable 1. 32, ‘Waging war against India 2. Sedition 3. Murder 4, Dacoity (@) 1.2and4 (b) 1,2and3 © land2 (ands ‘Ans. (d) [ Definitions 1 ‘Man’ is defined in— {@) Section 13 of the IPC (b), Section 9 of the IPC (©) Section 11 of the IPC n 10 ofthe IPC Ans. (d) [Bihar APO 2012] 2 Under section 10 of IPC "Man" denotes a male human being of-— (@) L6 years (b) 18years (©) 21 years @ age Ans. (d) [Chhat ADPO 2008] In IPC the word 'Woman' denotes to:— (2) a female above the age of fifteen years (b) a female above the age of eighteen years (0) a ferpale above the age of twenty one years Om le of any age including newly born female Ans. (d) [MP APO 2008, M.P. C} 2011,2017] GENERAL EXPLANATIONS _ [Sections 6-52A] _ 4, Theword ‘person’ under Section 11 of the Indian Penal Code denotes (@) only male human being. (0) nchades a company or association of or body of persons, whether incorporated or not. (0 only female human being (@) only Government companies. Ans. (b) (DHJs 2020] 5, Homicide cannot be defined as killing of a person bya person in view of the nature of the definition of the word ‘person’ in {@) Section 13 of the Indian Penal Code pee 11 of the Indian Penal Code (Section 9 of the Indian Penal Code (d) Section 7 of the Indian Penal Code Ans. (b) (ys 2015) Samarth Agrawal Books 343 Indian Penal Code, 1860 & Which of the following person is not a judge as defined in Section 19. of Indian Penal Code? (© AS exercising jutiediction in reepect of charge on which he has power only to commit for tril to another Cour (b) A Collector exercising jurisdiction in a suit under ‘Act 10 of 1889 (©) A Magistrate exercising jurisdiction in respect of a charge on which he has power to sentence to fine ‘or imprisonment, with ot without appeal (@) None of these Ans. (a) [M.P. HJS, 2020] 7. "Court of Justice” is defined in LP.C, under (@) Section 17 () 8 (© Secion19 @ 20 Ans. (d) (UP. APO 2015] & In which section of IPC, ‘public servant’ is defined? ® 4 (b) Section 20 o (@) Section 24 Ans. (c) [Raj HJS 2012, Raj APO 2006, AP. &N.JS 2015] 9% The word “Public servant” denotes. A person fall- ing under — (2) Acommissioned officer in the military (b) Every judge empowered by law to do any adjudi- catory functions © officer of court of justice (AAAI the above Ans. (d) {Js 2019} ‘Who among the following is not a public servant? * (@) Chief Minister of a State (b) of the Central Board of Film Censors die, ‘of an Insurance Company (d) Employee of a 'Nationalized Bank’ Ans. (0) [U.P. APO 2009} One of the following is not « public servant (@) Liquidator 344 (b) AGivil Judge i i ‘ofa Panchayat assisting a court of justice ( Ma “Ans. (4) [Uys 2002, AJS 2011, HYS 2011, 2013) ing is not a "public te wa Walon sea Penal Code 1860 (a) Chief Minister and Prime Minister (b) Judge and Magistrate (9 Government servant appointed on deputation (4) Afincipal of Government college ‘Ans. (4) [Raj APP 2011] twas held that a Chief Minister or a Minister is in the pay of the Government and, therefore, public servant within the meaning of Section 21(12) of IPC in,the case hanna 2. Union of India (b) Keshuanand v, State of Kerala (©) Kaban Singh v. Union of India (4) Jepalaithao. State of Tamil Nad Ans. (2) [HHYs 2011] 14. "Movable property’ under IPC is defined in— @) Section 21 (b) Seéion 22 (9 Section 23 (@) Section 24 Ans. (b) [Raj APP 2007] The definition of movable property under section 22of the Indian Penal Code, 1860 excludes eninans (®) Land (b) Things attached to the earth (©) Things permanently fastened to anything which is attached to the earth (AAI of the above Ans, (d) [U.P. HyS 2014] 16 ‘Wrongful gain’ and ‘wrongful loss' have been defined under Indian Penal Code, 1860 in (@) Section 22 Sea (©) Section 24 (d) Section 27 ‘Ans. (b) [Uys 20: 3) 2006) Samarth Agrawal Books cgcongfal gain’ means + Gain by lawful means of propety which the py, son gaining is not entitled wm by unlawfal means of property which the person gainingis not entitled (9 Gain by unlawful means of property which the person gaining is entitled {@) Alltheabove Ans. (b) (19S 2013) ig. Whena person gins something by unl means to which he is not legally entitled it (@) cheating wy nehl gain (@ fraud (@ causing injury which is likely to cause death asst) (MP. CJ 2012, A.P. & N. JS 2017] 18 Whoever does anything with the intention of causing wrongful gain to one person or wrongful Joss to another person is said to do that thing : (@) Fraudulendly so) Phones (9 Wrongfully (d) Mischievously Ans. (b) [OJs 2016) 2. ‘Dishonestly’ has been defined as doing anything ‘ith intention to cause wrongful gain to one pet- son & wrongful loss to another, under— (@) Section 21 of IPC (b) Section 23 of IPC (0 Sétion 24 of IPC (A) Section 25 of IPC Ans. (c) [TJS 2013, AJS 2015) 2. Word 'Dishonestly’ as defined in section 24 of IPC means: (@) With the intention of causing wrongful gain t0 one person (b) With the intention of causing wrongful loss to another person (© With the intention of causing wrongful gain to ‘one person and with the intention of causing Indio Penal Cae 1060 22 ‘Counterfeit under LP, (0) Section 30 een (©) Section 29 (d) Section 27 ‘Ans, (b) {Raj APP 2006) 2 Which one of the following pairs is correcly hed ? Wout Section 28 () Valuable security Section 29 (9 Document Section 30 (4) Omission Section 31 ‘Ans. (a) (U.P. 2013} 2%, 'Blectronic Record! under IPC is defined in:— (@) Section 29 ©) 298 (9 Section 298 (4) Section 29D Ans. (b) {CJS 2019, Raj APP 2007] 25. "Valuable security" is defined in (2) Criminal Procedure Code (b) Civil Procedure Code (9 Evidence Act oxo Penal Code Ans. (d) (MP. BJs 2003] 26, The word "Valuable Security” is defined in Indian Penal Code under @) Section 28 (b) Section 29 so Ken30 (d) Section 31 Ans. () [UPAP.O, 2019} 27. Which one of the following sections of the Indian Penal Code, 1860 defines the word 'Act”? (@) Section 32 0) Seeton33 (0) Section 23 (d) Section 24 Ans. (b) [Bihar APO 2020, U.P. CJ 2015] 28, Under which one of the following section of Indian Penal Code, the principle of ‘joint criminal liability’ is applicable ? ‘Wrongful loss to another person @ 36 (b) Section 39 oo © Metion 34 (@ Secion4o ‘Ans. (d) [Mp.cj2012} Ans. («) [UK.APO 2010} Samarth Agrawal Books 348, Indian Penal Code, 1860 29. Which one of the following Sections of the In- dian Penal Code defines ‘Voluntarily’? @ Sion 39 (b) Section 38 (@) Section 36 [Ups 2018} (©, Section 37 (@ Section 41 ofIPC — (b) (© Section 42 of IPC Ans. (b) (@) Section 39 of IPC [Bibar APO 2020, Chhat ADPO 2008, UJS 2010, H.P. JS 2011, Jhar APP 2012, HJS 2013] 31. legal signifies— (2) Every thing which is an offence (b) Everything which is prohibited by law (Q. Everything which furnishes ground for vil action at of the above “Ans. (4) [UJs 2019, HYs 2011] 32 To which one of the word ‘Illegal’ used under section 43 of IPC is not applicable ? (@) Which is an offence (b) Which is prohibited by law © ishes a ground for civil action @ isimmoral ‘Ans. (d) Us 2014) 33. Under section 44 of IPC, the term "Injury" means any harm— (@) illegally caused to a person in body and mind (b) illegal caused to a person in body and property pe legally caused to a person in body, mind, seputation or property (@) illegally caused to a person in body, mind and reputation Ans. (c) [HLP. JS 2015, KCJ 2015, A.P. JS 2015) 34. The word 'good faith’ is defined in the Indian Penal Code in: ® 4 (b) Section 51 ‘Section 52 (d) Section 52.4 Ans. (0) [WP. APO 2002, 038 2016) 35. Good faith within the meaning of the Indian Penal Code means— 2 orn ‘act done witl mn actual belief thatthe act one is not contrary to fh due care and attention Wa law (©, anact in fact, done honestly (d) an act done under bona fide belief Ans. (a) [UPSC CS 1999, 2001, UJS 2013} 36. ‘The term "Harbour" defined under Indian Penal Code, 1860, does not include— (a) Supplying a person with shelter (b) Supplying a person means of conveyance (0) Assisting a person to evade apprehension (4) Mitorto the commission of the offence, facilitating the commission thereof ‘Ans. (d) [UJs 2014] Common Intention 1 Section 34 of the Indian Penal Code, 1860 (a) Creates a substantive offence Sica ofevidence (Q) both (a) and (b) (4) None of the above Ans. (b) [DJs 2019, TS 2017, Hys 2011, ‘U.P. CJ 2015, AJS 2011] 2. The phrase "in furtherance of common intention of all" used in section 34 of Indian Penal Code, is (@) inthe osginal draft (b) ded by Amending Act of 1870 (© notatall there (d) added by Amending Act of 1986 Ans. (b) [UP.C)2013] 3. Under Section 34 of Indian Penal Code : (@) Physical Presence is necessary (© Phfrical Presence for participation but notin al (Physical presence is not necessary. (4) Physical presence is necessary with common knowledge Ans. (b) [M.P. CJ 2018 (D)] Samarth Agrawal Books ke. ‘4 ‘Indian Penal Code 1860 Common intention means— (a) Similar intention (p) Sams tention (g Staring of intention by all persons (@) Common plans Ass. (0) (U.P. APO 2012) when a criminal act is done by several persons in fertherance of common intention of al each one ‘of them js liable: ‘Which one of the following is not the ingredients of the Section 34 of the Indian Penal Code? (2) Criminal act done by several person (b) In the furtherance of common intention (©) Meeting ofthe minds of those who involved in ime lat intention of those who involved in the crime Ans. (d) (a [Uys 2019) A ivwasdoneby ech one ofthem in singular 10. Which one of the following is not an essential capocity clement of section 34 of Indian Penal Code? {p) only for the part each one has done (4) Criminal set done by several persons. tgenaarrcsese (b) Criminal act done in furtherance of a common (@ foran atemptto commit the act intention. Ans. (2) [UPSCCS 1998, (0 Prearranged plan berween persons doing criminal UP. APO 2006, PJS 2009, 2010] Ge {The principle of common intention applies only done in furtherance of common object when Ans. (d) (UP. C2003] (a) atleast persons ae involved IL _Inwhich one of the following cases Lord Summer (s) prea 2 persons are involved said, "they also serve who stand and wait”? © atleast 1 person is involred (@) Mabloob Shah 0. Emperor (2) none of the above (0) Inde Staph 0 Exper Ans. (b) [Raj APP 2007, HLP.JS 2014, y Kamar Cheah Emperor UP. Lower 1998] (4) None ofthe above 7. Toestablish Section 34 of IPC: Ans. (c) [Ujs2014, 2013} (@) acommon intention is tobe proved butnotovet 12 Which one of the following is not an essatial actbe proved condition for application of Section 34 of the In- tension ad operat both nayese Dé; —qgisteees ae ones proved (@) Criminal ct done by several persons (© common intention need not be proved but overt _(b) Criminal act must be done in furtherance of com actbe proved moninteation (¢) athe above (0) Participation by al persons in some manner in the ‘Ans. (b) {Chat ADPO 2006, PJS 2011, HJS 2013, act congituing the offence KC 2015, 1982013, AJS2011,2012, 2017] () Gina act done in prosecution of the common 4. Which one of the following cases is acase relating ‘object 0 Section 34 of the Indian Penal Code? Ans. (d) [Bihar HYS, 2020] (2) KM, Nanavativ. Sate of Maharastra 13. To impose joint liability under Section 4 of LP.C, (©) Nitasond Data v. King Emperor the prosecution needs to prove « Kumar Ghosh x. King Emperor (9, ipation (b) same} (A) Dedar Nath v, State of West Bengal . (9, Smilariamedion ae ‘Ans. (c) {Uys 2009] Ans. (a) [AP.P. (RAF) 2010] ‘Samarth Agrawal Books 347 Indian Penal Code, 1860 14. Which one of the following brings out the distinctign between Section 34 and 149 of the IPC? (a) mn 149 creates a specific offence whereas Section 34 does not (©) Section 34 creates a specific offence whereas Section 149 does not (© Section 34 as well as Section 149 create specific offences (2) Section 34 as well as Section 149 do not create specific offences Ans. (a) Uys 2016) 18. Mehboob Shah v/s King Emperoris a leading case on (@) Con eee Intention © Wrongful Confinement (@ Common Object Ans. (b) [UP.AP.O, 2019] 16 In which of the following cases the Privy Council made a distinction between ‘common intention’ and ‘similar intention’? @ Kamar Choshv, Emperor Shab 0. King Emperor (©. Srinivasa! Barolia v. Emperor (@) Barn Mal e Emperor Ans. (b) _[M.P. APO 2003, H.P. JS 2015, 2019, ‘UJS 2011, 2014, 2015, Bihar APO 2012, HYS 2015] 1. The difference between Section 34 and Section 149 of Indian Penal Code is (@) thatin Section 34, there must be at least five per- sons, whereas in Section 149 two persons are re- aquired (b) that Section 149 is only a‘rule of evidence’, whereas Section 34 creates a specific offence and provides for 3 punishment (9 Alat Section 34 requires active participation in ac- tion, whereas Section 149 requires mere passive membership of the unlawful assembly (@) that ection 34 need not be joined with the princi- pal offence, whereas Section 149 must be com- bined with the principal offence Ans. (0) UG 2019) 18 19. a. 2, ¢ of the following recognizes i 4 Ps iti penal Code, 1860? (2) Section 34 (b) Section 149 Og (@)and(b) (4). None ofthe above ‘Ans. (c) WP.gans Which one of the following cases is not related tg principle of joint liability based on common intention? (a) Barendra Kumar Ghosh v. Emperor (b) Mahboob Shab x. Emperor (0) LM, Desai v. State of Bombay (a) RG Govinda s. (d) [UJS 2002, H.P. JS 2009) ‘Which of the following is false of Section 34 and Section 149 of the Indian Penal Code ? (a) Section 34 does not by itself create any specific offence whereas Section 149 does so (b) Some active participation in crime is required in Section 34 while itis not needed in Section 149 (0) Section 34 speaks of common intention while Sectign 149 contemplates common object (a) Stion 34 requires at least five persons who ust share the common intention while Section 149 requires at least two persons to share the com- mon intention Ans. (d) [GJs 2019] ‘The difference between Section 34 and Section 149 of the Indian Penal Code is that (@) whereas in Section 34 there must be at leat five Persons, Section 149 requires only two persons (©) Section 149 is only a rule of evidence whereas Section 34 creates a specific offence he 34 requires active participation in action whereas Section 149 requires mere passive ‘membership of the unlawful assembly (@) Both (b) and (e) Ans. (c) [DJs 2014), Distinction between Sections 34 and 149 of IPC has been authoritatively expounded by the Supreme Court in (0) State of Mabarasbira v. M. H, George (b) Guru Deo Singh v. State of Punjab © i iG : Aa Rr rat a s Indian Penal Code, 1860 difference between section 34 and section e rdian Penal Code is ae ge liable for murder of Z (a eat wheres it section 34 there must at least be and Y both are liable for murder of Z Fee persons section 149 requites only two persons (0) Xisnot liable as he did not perform any overt act that scion 49s only aul of evidence wheres (4) Both () and (¢) are correct section 34 oF a specific offence and provides ‘Ans. (b) IMP. APO 2010, MP. Si ees fori punishment gms 207,022 ¢, kX section 34 roquires active participation inaction 26. X, a jailor, has the charge of Z, a prisoner. X, in- 7ryereas in section 149 mere pasive membership tending to cause Z's death, illegally omits to sup- of the unlawful assembly is sufficient ply Z with food; in consequence of which Z is ‘much reduced in strength, but that starvation is (@) that section 34 need not be joined with the principle not sufficient to cause his death. X is dismissed ‘offence, whereas section 149 must be combined from his office, and Y succeeds him. Y, without with the principle offence collusion or co-operation with X, illegally omits Ans. (0) IMP. HY, 2020) to supply Z. with food, knowing that he is likely thereby to cause Z's death. Z dies of hunger. What will be position under Indian Penal Code, 1860? (@) Xand Yare guilty of Murder (by X%s guilty of an attempt to commit Murder ay Warmed with a loaded pistol and "Y' empty handed go to 'Z' shop in furtherance of their ‘common intention to commit robbery, 'X’ enters the shop and on being resisted in carrying away property shoots "Z' with pistol. '2' dies at once, (©) Yisguly ‘of an attempt to commit Murder For what acts of 'X', 'Y’ is liable = (@) Yis guilty of an attempt to commit culpable ho- (a) Dacoity with murder rmicide (0) Extortion and culpable homicide not amounting Ans. (b) [PJs 2017] tomurder 27. ‘A’ intentionally causes 'Z's death partly by illegally omitting to give 'Z' food and partly by {@ Attempt to commit robbery when armed with beating 'Z'.'A' has committed the offence of deadly weapon ORO ‘ait tlle (@) Gulpable homicide not amounting to murder (b) Attempt to commit murder Ans. (d) [M.P. Gj 1996] 5 (Marder 25, Xand Y go to murder Z. X stood on guard with a (@) Grievous hurt Ans. (0) [UPAPO, 2019] spear in hand but did not hit Z atall.¥ killed 2.10 this case: ‘Which of the following punishment cannot be awarded under the Indian Penal Code ? (@) forfeiture of property Low many kinds of punishment are provided in 2 Section 53 of the Indian Penal Code, 1860? (a) Six (b) tigorous imprisonment (b) Foyr ae \0-Aensportation forlife (@) Seven est Kea! HP. 2007.11, T)S 2015, ‘Ans. (c). [M.P. CJ 2001, UJS 2002, U.P, APO 2002, inal A eADOREAP 352016] ‘CJS 2004, H.P. JS 2009, 2015] Gamarth Agrawal Books 349, 3. 2 Indian Penal Cade, 1860 “Death sentence should be awarded in rarest of 9, rare cases" was held in:— Sue Singh v. State of Punjab (b) Rameshanar «State of UP. (©) TLV. Vatheeswaran v. State of Tamil Nadu (@) State of UP. «. MK. Anthony Ans. (a) [U.P. APO 2006, JS 2014, UJS 2016} By which one, out of the following Acts, the words “imprisonment for life” were substituted for the words “transportation for life” in the Indian Penal Code? @) Act XXV of 1955 10, (b) Act XXIV of 1955 QAG XW F 1955 (@) Act XXVI of 1955 Ans. (c) [HP.Js 2015} Under which of the following sections of IPC the death sentence can be commuted without the consent of the offender — (© Sextions3 or Ration 4 (© Section 55 (d) None of these Ans. (b) [H.P. JS 2012] Commutation of sentence of imprisonment for life is done under IPC in— @ Section 52 (b) (© Section 54 Ans. (4) Who may commute sentence ? (2) Chief Justice of High Court (b) 1 2 jon 53 Section 55 [Raj APP 2007] Justice of India “Appropriate Government (@) Any Appellate Court Ans. (c) [Chhat ADPO 2008) The “appropriate Government" may commute the sentence of death of an accused person to any other sentence : (a) With the consent of the accused B (b) With the consent of relatives of accused ntences of imprisonment In how many years a senten for life can be commuted by the Government (a) 20 years (b) 18 years tls (d) 12 years Ans. (0) [CJS 2003 In calculating fractions of terms of punishment, Section 57 of the Indian Penal Code prescribes that imprisonment for life shall be reckoned as equivalent to imprisonment for (a) ten years (b) fourteen years ee Ans. (¢) Where no sum is expressed to which a fine may extend there the amount of fine to which the offender may be liable will be (d)_ twenty five years [DJs 2019] (@) Not exceeding rupees fifty thousand (b) Not exceeding rupees twenty-five thousand (0) Nopexceeding rupees ten lakh ices Ans. (d) {DJs 2019, M.P. CJ. 2001, 2013) Under section 65 of the Indian penal Code, 1860, sentence of imprisonment for non-payment of fine shall be limited to (@) one-third of the maximum term of imprisonment fixed for the offence ees: of the maximum term of imprisonment fixed for the offence (©) onehalf of the maximum term of imprisonment fixed for the offence (@) one-fifth of the maximum term of imprisonment fixed for the offence Ans. (b) [DJS 2019, U.P, CJ 2016, DAPP 2008, ‘TJS 2013, CJS 2003, M.P. CJ 2019 (11)] Which Section of I.P.C. provide for “imprisonment for non-payment of fine, when offence is punishable with fine only"? (©) Wish the consent of advocate of the accused @) n 63, (b) Section 64 ce of the above (9 Action 67 (4) None of the above ‘Ans. (d) [U.P. APO 2015) ‘Ansi(e) [U.P. APO 2015] x Samarth Agrawal Books Indian Penal Cade 1860 i. i ase af offen punishable with Fn only imprisonment for non payment of Fine (4) bas tobe rigorous oy to be simple (9 amb rigorous or simple (@ canbe partly rigorous and partly simple IMP. HJS 2012, KG) 2012, U.P. HJS 2012, Bihar APO 2012, Mp. C} 2006, 2019 (11), 2018 (11), MHS 2012} Under Indian Penal Code, 1860, if the offence is punishable with fine only and accused has been Ans. (b) 6 awarded with fifty rupees fine the period of jmprisonment in default shall {@) not exceed one month (b) xt exceed two months {@ notexceed three months (@) not exceed four months Aas. (b) [MP. CJ 1998, 2015] 16 Under IPC, which one of the following Sections makes provision of Solitary Confinement? (@) Sectiop 71 (b) Section 72 es (a) Section 74 Aas. (0) [UJs 2006, U.P. APO 2015,2019, ‘AJS2011] 1, Section 73 of IPC provides for the maximum limit of solitary confinement to be— (b) Two years (@) One year Chapter IV ofthe Indian Penal Code deals with (a) abetment (©) general explanations © attempt W Erera exceptions Al-Aree months Ans, (¢) (d) Six months [Raj APP 2006, HHJS 2011, U.P. HS 2012, HP. JS 2012, M.P. C} 2011, UJS 2012, 2015, M.P. APO 2008, HS 2017} 18 [fan offender is sentenced to an imprisonment for aterm exceeding one year the term of solitary confinement shall not exceed (a) one month (b) two months QAfiee months (d)_ no limit ‘Ans. (¢) [ur.2016] 19. If the term of rigorous imprisonment shall not exceed six months then the maximum period of solitary confinement shall be (a) Fifcen days b) Orne month, (©) Three months (d) Six months Ans. (b) [UPAP.O, 2019] 20, Enhanced punishment for previous conviction und .~ of the IPC (@) Section 76 (b) Section 71 (0) Section 68 n 75 Aas. (€) [Bihar APO 2012, H.P. JS 2015] 21, Imprisonment for life means, imprisonment for— (a) 20years (b) 7Ayears (©) 14years (Wott remaining ie Ans. (4) [MP. CJ 2010, DJS 2017] 2 General Exception of IPC limit and override offences and penal provisions of the Code and comprises of following sections + (@) 67-102 (b) 96-106 (9 82108 (d) 106 ‘Ans. (d) {H.P. Js, 2020] ea a ron OS Books 351 Semarth Agraval Indian Penal ‘The maxim "ignorantia juris 10% excusat’ means (0) Aéforance of law is no excuse (6) Ignorance of fact is no excuse (0 Ignorance of aw is an excuse () Ignorance of fact is an excuse (uys 2014] Ans. (2) = Jgnorantia factt excusat’ maximn mean (a) Mistake of law is excused (Oenorance oat isan excuse (© Ignorance of law is not an excuse (@ None of these Ans. (b) (HP. Js 2007-11} The maxim "Ignorantia facit excusat’ relates (a) Sectign 75 of the Indian Penal Code {{b)Sction 76 ofthe Indian Penal Code {Q Section 77 of the Indian Penal Code (d) None of the above Ans. (b) [U.P. APO 2009, UJS 2009]

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