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These multiple-choice questions (MCQs) are designed to enhance your knowledge and understanding in the following areas: Chemical Engineering , Bachelor of Laws (LLB) , Union Public Service Commission (UPSC) .
151. |
The accused ravished a girl of 13 years in furtherance of the act of rape placed his hand upon her mouth thereby causing death by suffocation. The sole defence was a plea of drunkenness. |
A. | Accused is entitled to the benefit of Sec. 85 because drunkenness is excuse in every case. |
B. | Accused is entitled to the benefit of Sec. 85. |
C. | Accused is not entitled to the benefit of Sec. 85. |
D. | Cannot say. |
Answer» C. Accused is not entitled to the benefit of Sec. 85. |
152. |
In the above stated case the accused |
A. | Is guilty of rape and murder unless it is established that at the time doing he was so drunk that he |
B. | Is guilty of murder only. |
C. | Is guilty of rape only. |
D. | Is not guilty of rape any offence. |
Answer» A. Is guilty of rape and murder unless it is established that at the time doing he was so drunk that he |
153. |
A drunken person killed his uncle. It was established that he was in such a state of intoxication, incapable of forming specific intent to kill. He is: |
A. | Guilty of Culpable homicide not amounting to murder. |
B. | Guilty of murder. |
C. | Entitled to the benefit of Sec. 85. |
D. | Not of these. |
Answer» A. Guilty of Culpable homicide not amounting to murder. |
154. |
In the above stated question the person is guilty of culpable homicide not amounting to murder because in this case |
A. | 86 protect to assume specific intent. |
B. | Sec. 86 does not say any thing to assume knowledge on the part of accused. |
C. | Both (a) and (b). |
D. | None of the above. |
Answer» A. 86 protect to assume specific intent. |
155. |
An accused committed murder without any motive under the epileptic fit . He : |
A. | Is guilty of murder. |
B. | Is entitled to get benefit under Sec. 84. |
C. | Is not entitled to get such benefit. |
D. | None of the above. |
Answer» B. Is entitled to get benefit under Sec. 84. |
156. |
Point out incorrect response. The following are the ingredients of the defence of unsoundness of mind under section 84 I.P.C. : |
A. | Act must be done by a person of unsound mind. |
B. | Such person must be incapable of knowing : (i) the nature of the act, or (ii) that the act was contrary to law, or (iii) that the act was wrong. |
C. | A person must be suffering from some defect of reason whether it is because of some disease of mind or otherwise at the time of commission of the crime. |
D. | Incapacity must be by reason of unsoundness of mind of the offender and incapacity must exist at the time of doing of the act constituting the offence. |
Answer» C. A person must be suffering from some defect of reason whether it is because of some disease of mind or otherwise at the time of commission of the crime. |
157. |
Point out incorrect response. Indian law relating to drunkenness as defence may be summed up in the following propositions : |
A. | Voluntary drunkenness is no excuse for a crime which requires the mere presence of “knowledge” as distinct from intention. |
B. | Voluntary drunkenness is an excuse only as regards “intention”. |
C. | Where actual knowledge exists it gives rise to an inference of presumed intention so as to make voluntary drunkenness an excuse. |
D. | Involuntary drunkenness is an excuse. |
Answer» C. Where actual knowledge exists it gives rise to an inference of presumed intention so as to make voluntary drunkenness an excuse. |
158. |
In cases where an act is not an offence unless done with particular knowledge and intents a person who does the act in state of intoxication shall be liable to the be dealt as if he : |
A. | Had the same intent and knowledge as he would have had if he had not been intoxicated. |
B. | Had the same knowledge as he would have had if he had not been intoxicated. |
C. | Had the acknowledge and intent. |
D. | Had the knowledge. |
Answer» B. Had the same knowledge as he would have had if he had not been intoxicated. |
159. |
The above stated provision applies to the person who : |
A. | Has drunk himself highly intoxicated thing. |
B. | Is highly intoxicated. |
C. | Is intoxicated by someone without his knowledge and intent. |
D. | None of the above. |
Answer» C. Is intoxicated by someone without his knowledge and intent. |
160. |
Give incorrect response. In order to avail the defence under section 87 of the I.P.C. the following conditions must be fulfilled: |
A. | Person giving consent is above 18 years of age. |
B. | If the act is done neither with the intention of causing death nor with the knowledge that it is likely to cause death or grievous hurt. |
C. | Harm is caused to any person with his consent whether express or implied. |
D. | Section 87 does not fix any age of the person consenting but section 90 says that consent in order to be valid must be of a person who is above 12 years, therefore, under section 87 also person giving consent must be above 12 years and not 18 years. |
Answer» D. Section 87 does not fix any age of the person consenting but section 90 says that consent in order to be valid must be of a person who is above 12 years, therefore, under section 87 also person giving consent must be above 12 years and not 18 years. |
161. |
Give correct response. A was charged with the murder of his wife, takes the defence of insanity and in the alternative of being drunk at the time of commission of the crime and being thus incapable of forming the intent required in murder. It is also pleaded in defence that the accused was a psychopath. The evidence further discloses that the accused had indicated an intention to kill his wife before taking alcohol. Here : |
A. | A is liable for murder, because the rule is that if the accused had been too drunk to form an intention to kill or do grievous bodily harm, he would, nevertheless have been guilty of manslaughter, either because he intended to commit a battery upon his wife or else because he would have been guilty of gross negligence. |
B. | A is liable for murder because he had indicated his intention to kill his wife before taking alcohol. |
C. | Since a was so deeply intoxicated that he was incapable of forming the criminal intent required in murder, therefore, A was not liable. |
D. | A is not liable for murder because the rule is that when due to alcoholic excess actual insanity supervenes, although temporarily, at the time of commission of the act, the prisoner is not to be held guilty for the act. |
Answer» A. A is liable for murder, because the rule is that if the accused had been too drunk to form an intention to kill or do grievous bodily harm, he would, nevertheless have been guilty of manslaughter, either because he intended to commit a battery upon his wife or else because he would have been guilty of gross negligence. |
162. |
Give correct response. A was charged with the murder of a boy aged 15 or 16 years who had accompanied him to a wedding party. A was drunk at the time he fired the fatal shot, when he asked the boy to step aside to enable him to occupy a convenient seat but the boy did not move. In this case it was held that : |
A. | A would be liable because he was voluntarily drunk and voluntary drunkenness is never a defence. |
B. | A would not be liable and would be entitled to the defence of intoxication. |
C. | A would be liable because the rule is that we must attribute to the intoxicated person the same knowledge as if he was quite sober, but so far as the intent is concerned we must gather it from the attending circumstances of the case with due regard to the degree of the intoxication. |
D. | A would not be liable because his mental faculties were so much affected by intoxicating drink that he was unable to know the nature of the act. |
Answer» C. A would be liable because the rule is that we must attribute to the intoxicated person the same knowledge as if he was quite sober, but so far as the intent is concerned we must gather it from the attending circumstances of the case with due regard to the degree of the intoxication. |
163. |
Give correct response. A girl of 13 years while going to the market passed through the gate of a mill where B was the only watchman on duty. B in a bid to commit rape caught the girl. She struggled but the accused shut her mouth and pressed the thumb of the other hand on her throat to prevent her from screaming. The girl died. The accused was tried for murder. B pleaded intoxication in his defence. It was held that : |
A. | B was not liable for murder because he never intended to commit murder but intended only to commit rape. |
B. | B was not liable because he was so deeply drunk that he was unable to know that what he was doing was either wrong or contrary to law. |
C. | B was liable for murder because the capacity of the mind of the accused to form the criminal intent which murder involves was to be explored in relation to the ravishment and not in relation to the violent acts which gave effect to the ravishment. |
D. | B was liable for murder because he was voluntarily drunk and voluntary drunkenness is no defence to a charge of murder. |
Answer» C. B was liable for murder because the capacity of the mind of the accused to form the criminal intent which murder involves was to be explored in relation to the ravishment and not in relation to the violent acts which gave effect to the ravishment. |
164. |
Give correct response. A, a surgeon knowing that a particular operation is likely to cause the death of Z, who suffers under the painful complaint but not intending to cause Z’s death and intending in good faith Z’s benefit performs that operation on Z with Z’s Consent : |
A. | A would not be liable because Z consented to the performing of the operation and Z must be presumed to be aware with the evil consequences of it. |
B. | A would be liable because he knew that the operation was dangerous and was likely to cause death. |
C. | A would not be liable for any offence because the death was caused while performing an operation which act was done with the consent of Z, in good faith, for his benefit and without any intention to cause death. |
D. | A would be liable because operation though claimed to be performed in good faith and with Z’s consent was performed by obtaining Z’s consent unlawfully. Z’s consent was not a free consent. |
Answer» C. A would not be liable for any offence because the death was caused while performing an operation which act was done with the consent of Z, in good faith, for his benefit and without any intention to cause death. |
165. |
Give correct response. A, the accused who professed to be a snake-charmer, persuaded D, the deceased to be bitten by a poisonous snake, by inducing him to believe that he has power to protect him from harm : |
A. | A was liable because he obtained D’s consent deceptively and fraudulently knowing if fully well that he would not be able to cure the deceased. |
B. | A was not liable because death was caused by snake biting with the consent of D, the deceased. |
C. | A was not liable because he did not induce D to give his consent, A only represented that he would be able to cure and D volunteered to be bitten by snake on his own. |
D. | A was liable because the consent was not a valid one as it was given under a misconception of fact i.e., in the belief that accused had power by charms to cure snake bites and the accused knew that the consent was given inconsequence of such misconception. |
Answer» D. A was liable because the consent was not a valid one as it was given under a misconception of fact i.e., in the belief that accused had power by charms to cure snake bites and the accused knew that the consent was given inconsequence of such misconception. |
166. |
Give best response. Z is carried off by a tiger. A fires at the tiger knowing it to be likely that the shot may kill Z, but not intending to kill Z and in good faith intending Z’s benefit, A’s bullet gives Z a mortal wound: |
A. | A is not liable because he never intended to kill and o person can be held liable unless the act resulting in death was done with the intention of causing death. |
B. | A is not liable because he is entitled to the defence under section 92. In this case the act was done in good faith for the benefit of the child (i.e. to save him from being taken off by the tiger) the likelihood of the harm was known but was not intended. |
C. | A is liable for murder and is not entitled to the defence under section 92 that ‘an act done in good faith, for the benefit of a person without consent is not an offence’. |
D. | A is liable for murder because he knew that the shot may kill Z, in homicide intention to kill is not always necessary merely knowledge that the act is likely to cause death is sufficient. |
Answer» B. A is not liable because he is entitled to the defence under section 92. In this case the act was done in good faith for the benefit of the child (i.e. to save him from being taken off by the tiger) the likelihood of the harm was known but was not intended. |
167. |
Give correct response. A is in a house which is on fire, with Z, a child. People below hold out a blanket, A drops the child from the house top, knowing it to be likely that the fall may kill the child, but not intending to kill the child, and intending in good faith the child’s benefit. The child is killed by fall, Held that : |
A. | A is liable because he knew or had reasons to believe that fall was very likely to result in the death of the child. |
B. | A is liable because A’s act cannot be said to have been done in good faith in as much as he kne that the boy was very likely to be killed by such fall, even then he did not take precautions to save him. |
C. | A has committed no offence, because A dropped the child to save him from being killed by fire, the act being done in good faith and intending child’s benefit without any intention to harm him. |
D. | A is not liable because he had no intention to kill and no person can be held liable for homicide in absence of such intention. |
Answer» C. A has committed no offence, because A dropped the child to save him from being killed by fire, the act being done in good faith and intending child’s benefit without any intention to harm him. |
168. |
Give the correct response. |
A. | Consent can justify intentional causing of death. |
B. | Sec. 88 allows any harm to be inflicted for his benefit in good faith by anyone with the consent of other. |
C. | Both (a) and (b). |
D. | None of the above. |
Answer» B. Sec. 88 allows any harm to be inflicted for his benefit in good faith by anyone with the consent of other. |
169. |
A person attacked by lion in a jungle asked his friends to fire. They fired and one bullet hit that person. |
A. | They are guilty of causing death. |
B. | They are not entitled to get benefit of Sec. 88. |
C. | They are entitled to get benefit. |
D. | They are guilty of causing death. |
Answer» C. They are entitled to get benefit. |
170. |
Under Section 88 the age of consenting party shall be : |
A. | At least 12 years. |
B. | At least 18 years. |
C. | At least 10 years. |
D. | At least 7 years. |
Answer» B. At least 18 years. |
171. |
A VADHYA not qualified as medical practitioner perform a major operation with the consent of that person : |
A. | He is not entitled as such vadhya can hardly be said to act in good faith. |
B. | He is entitled to get benefit because he knows that it is likely to cause his death. |
C. | He is not entitled to the benefit because he knows that it is likely to cause his death. |
D. | None of the above. |
Answer» A. He is not entitled as such vadhya can hardly be said to act in good faith. |
172. |
Give the correct response |
A. | A headmaster who administers in good faith reasonable corporeal punishment to the children is entitled to the benefit of Sec. 88. |
B. | A surgeon who performs major operation with consent of patient is entitled to the benefit of Sec.88. |
C. | Both (a) and (b). |
D. | None of the above. |
Answer» C. Both (a) and (b). |
173. |
Give incorrect response. In order to avail the defence of section 88 I.P.C. : |
A. | Act must be done in good faith and without ay intention to cause death or to cause any harm as may result in death. |
B. | Act must be done with the consent of the sufferer whether consent is express or implied. |
C. | Act must be done in good faith and without intention to cause death though it might have been done with the intention such harm as may result in death. |
D. | The act done must be for the benefit of the person who suffers injury. |
Answer» A. Act must be done in good faith and without ay intention to cause death or to cause any harm as may result in death. |
174. |
A in good faith for his minor girl’s benefit without her consent, had her hair cut for the removal of stone by the surgeon. |
A. | A is not within the exception. |
B. | A is within the exception. |
C. | Although A is not within the exception. |
D. | but he did not commit the offence. |
Answer» B. A is within the exception. |
175. |
Point out incorrect response. The following cases are covered by the exception from criminal liability as contained in section 89 I.P.C. : |
A. | A, in good faith, for his child’s benefit, has his child cut for the stone by a surgeon knowing it to be likely that the operation will cause the child’s death but not intending to cause the child’s death. |
B. | A, in good faith, for his child’s pecuniary benefit emasculates his child. |
C. | A confines his child for its benefit. |
D. | A whips his child moderately for the child’s benefit |
Answer» B. A, in good faith, for his child’s pecuniary benefit emasculates his child. |
176. |
Section 89 empowers the guardian to consent to the infliction of harm in good faith and of the benefit of : |
A. | An infant under 7 years of age. |
B. | An infant under twelve years of age. |
C. | An infant under fourteen years of age. |
D. | None of the above. |
Answer» B. An infant under twelve years of age. |
177. |
Acts which are offences independently of any harm which they may cause will not be covered by consent under general exception as for example: |
A. | Offence against public morals. |
B. | Public nuisance. |
C. | Offence against public safety. |
D. | all of these. |
Answer» D. all of these. |
178. |
Causing miscarriage with common consent or her guardian’s consent is: |
A. | Justified under exceptions. |
B. | Not justified. |
C. | Not justified as independently it is an offence. |
D. | None of the above. |
Answer» B. Not justified. |
179. |
Give the correct response |
A. | This exception shall not extend to the international causing of death or attempt of death. |
B. | Nothing is an offence by reason of any harm which it may cause to a person for whose benefit is done in good faith without that person’s consent, when it is not possible to obtain consent. |
C. | Both (a) and (b). |
D. | None of the above. |
Answer» C. Both (a) and (b). |
180. |
Give incorrect response. Section 90 I.P.C. lays down that in following cases consent shall not be a valid consent : |
A. | Consent given by a person under fear of injury or under a misconception of fact, provided the person doing the act knows or has reason to believe that the consent was given in consequence of such fear or misconception. |
B. | the consent is given by a person who from unsoundness of mind, or intoxication, is unable to understand the nature and consequence of that to which he gives his consent. |
C. | If the consent is given by a person who is under 18 years of age. |
D. | If the consent is given by a person who is under 12 years of age. |
Answer» C. If the consent is given by a person who is under 18 years of age. |
181. |
Word Benefit used in Sec. 88, 89 and 90 IPC means : |
A. | Other benefits then pecuniary benefits. |
B. | Mere pecuniary benefit. |
C. | Other as well as pecuniary benefit. |
D. | None of the above. |
Answer» C. Other as well as pecuniary benefit. |
182. |
Point out incorrect response. The principle underlying section 91 I.P.C. is that consent will only condone the act causing harm to the person giving the consent, which will otherwise be an offence. Acts which are offences independently of any harm which they may cause will not be covered by consent given by the sufferer. Some instances of such acts are : |
A. | Offences against public safety. |
B. | Causing miscarriage to a woman. |
C. | Mischief. |
D. | Public nuisance. |
Answer» C. Mischief. |
183. |
Communication made is no offence by any harm to the person if it is made: |
A. | In good faith. |
B. | For the benefit of the persons to whom it is made. |
C. | Both (a) and (b). |
D. | None of the above. |
Answer» C. Both (a) and (b). |
184. |
A surgeon in good faith told his patient that he cannot live. Patient dies in consequence of the shock. |
A. | He is within the exception. |
B. | He is guilty of causing death. |
C. | He is not within the exception. |
D. | None of the above. |
Answer» A. He is within the exception. |
185. |
Give correct response. A, a surgeon in good faith, communicates to a patient his opinion that he cannot live. The patient dies in consequence of the shock: |
A. | A is liable for committing culpable homicide because death of a human being may be caused by innumerably means. |
B. | A is liable for attempting to cause death of the patient by such communication. |
C. | A has committed no offence because the communication was made in good faith, and for the benefit of the patient. |
D. | A is only liable for abetment. |
Answer» C. A has committed no offence because the communication was made in good faith, and for the benefit of the patient. |
186. |
Under Sec. 94 a person is not liable for any act done under : |
A. | Fear of grievous hurt. |
B. | Fear of simple hurt. |
C. | Fear of instant death. |
D. | All of these. |
Answer» C. Fear of instant death. |
187. |
Give the correct response? |
A. | Menace of future death will be sufficient for this exception. |
B. | A person is excused for any act done under fear of death murder and offences against the state publishable with death. |
C. | Both (a) and (b). |
D. | None of the above. |
Answer» B. A person is excused for any act done under fear of death murder and offences against the state publishable with death. |
188. |
Under Sec. 94. A person is excused for any act done under fear of death except : |
A. | Murder and dacoity. |
B. | Murder and grievous hurt. |
C. | Murder and rape. |
D. | Murder and offences against the state punishable with death. |
Answer» D. Murder and offences against the state punishable with death. |
189. |
Give the correct response |
A. | Murder does not include abetment of murder. |
B. | Murder committed under a threat of instant death is not excused: |
C. | Both (a) and (b). |
D. | None of the above. |
Answer» C. Both (a) and (b). |
190. |
De minimus non curet let does mean : |
A. | The law takes no account of acts of insane. |
B. | The law takes no account of acts of a child. |
C. | The law takes no account of trifles. |
D. | None of the above. |
Answer» C. The law takes no account of trifles. |
191. |
Which is/are trifles under Sec. 95 IPC ? |
A. | Taking pads almost valueless from a tree standing on govt. waste land. |
B. | To dip a pen in another mens inkpot. |
C. | Both (a) and (b). |
D. | None of the above. |
Answer» C. Both (a) and (b). |
192. |
Which one of these acts are not regarded as trifle matters under Section 95 |
A. | Harm caused to a person’s reputation by the imputation that he was traveling on wrong ticket. |
B. | An assault to cover a person with dust by riding past him. |
C. | Theft of cheque of no value. |
D. | None of the above. |
Answer» D. None of the above. |
193. |
Give the correct response : |
A. | Mere use of abusive language does not give rise to Private defence. |
B. | Nothing is an offence which is done in the exercise of right of Private Defence. |
C. | Both (a) and (b). |
D. | None of the above. |
Answer» C. Both (a) and (b). |
194. |
Give the correct response |
A. | There must be a reasonable apprehension of death or grievous hurt or hurt to the person or damage to the property concerned. |
B. | It there is sufficient time for recourse to public authorities. |
C. | More harm than that is necessary should not be caused. |
D. | All of these. |
Answer» D. All of these. |
195. |
Give the correct response : |
A. | Right of private defence is available in case of free fight. |
B. | Right of private defence is not available to the aggressor. |
C. | Both (a) and (b). |
D. | None of the above. |
Answer» D. None of the above. |
196. |
Every person has right to defend |
A. | His own body and the body of other person. |
B. | His own body and body of other person against any offence affecting the body. |
C. | His own body. |
D. | None of the above. |
Answer» B. His own body and body of other person against any offence affecting the body. |
197. |
Every person has right to defend: |
A. | The immoveable property. |
B. | The moveable property. |
C. | Moveable as well as immoveable property. |
D. | None of the above. |
Answer» C. Moveable as well as immoveable property. |
198. |
Every person has the right to defend the property of himself or of any other person against the attempts and : |
A. | Acts of theft and robbery. |
B. | Acts of theft, mischief and criminal. |
C. | Acts -- thefts, robbery, mischief. |
D. | Acts of theft, robbery, mischief and criminal trespass. |
Answer» D. Acts of theft, robbery, mischief and criminal trespass. |
199. |
If a person goes with a gun to kill another: |
A. | The intended victim as well as that person has the right of P.D.. |
B. | The intended victim has the right of private defence. |
C. | That other person has the right of P.D. |
D. | Neither intended victim nor that person is entitled to the right of P.D. |
Answer» B. The intended victim has the right of private defence. |
200. |
A man was cutting the throat of his wife, their son shot and killed the father: |
A. | Son is not entitled as right of P.D. is available against the offence affecting one’s own body. |
B. | Son is not entitled to the benefit of this Sec. 96. |
C. | Son is entitled to the benefit. |
D. | Cannot say. |
Answer» C. Son is entitled to the benefit. |
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