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930+ Indian Penal Code (IPC 1860) Solved MCQs

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) .

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1.

Forgery is defined in :

A. Section 465
B. Section 463
C. Section 464
D. Section 467
Answer» B. Section 463
discuss
2.

Crime is:

A. Essentially an immoral act
B. An illegal act
C. Essentially a socially reprehensible act
D. None of the above.
Answer» B. An illegal act
discuss
3.

The Indian Penal Code came into force from:

A. 6 October, 1860
B. 1 September, 1873
C. 1 July, 1882
D. None of the above.
Answer» A. 6 October, 1860
discuss
4.

How many types of punishment have been prescribed under the Indian Penal Code:

A. Three
B. Six
C. Five
D. Four.
Answer» C. Five
discuss
5.

Which is correct:

A. The categories of the criminal should be determined by general laws
B. The penal statutes should be strictly followed or construed.
C. There should be ex-post facto penal laws
D. All of them.
Answer» B. The penal statutes should be strictly followed or construed.
discuss
6.

Which is not an ingredient in means rea:

A. Strict or absolute liability
B. Public nuisance
C. Ignorance of law is no excuse – maxim
D. All are correct.
Answer» D. All are correct.
discuss
7.

Threatening to commit certain acts forbidden by Indian Penal Code is associated with which one of the following?

A. Misrepresentation
B. Fraud
C. Coercion
D. Mistake.
Answer» C. Coercion
discuss
8.

“Active concealment of fact” is associated with which one of the following ?

A. Misrepresentation
B. Undue influence
C. Fraud
D. Mistake.
Answer» C. Fraud
discuss
9.

Use of violence by a member of an assembly of five or more persons in furtherance of common object will constitute

A. Affray
B. Assault
C. Rioting
D. Unlawful assembly
Answer» D. Unlawful assembly
discuss (1)
10.

A contract implied by law is known as:

A. Contingent contract
B. Quasi contract
C. Expressed contract
D. Implied contract.
Answer» B. Quasi contract
discuss
11.

Law directed by the Supreme Court shall be binding on all the Courts with the territory of India. Here Courts means:

A. All Courts including the Supreme Court of India
B. All Courts except the Supreme Court of India
C. All Courts including the Supreme Court except such branches of the Supreme Court which consists of seven judges or more
D. All Courts including the Supreme Court except a Bench of the Supreme Court which consists of all the judges of the Supreme Court.
Answer» D. All Courts including the Supreme Court except a Bench of the Supreme Court which consists of all the judges of the Supreme Court.
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12.

A has grown a tree on his land. The branches of the tree are overhanging on the land of B. under the law, B is entitled to:

A. Enter into the land of A without his permission and cut his tree
B. Forcibly enter into A land and chop off the branches
C. Chop off the branches from his own land and take away those branches
D. Chop off the overhanging branches while ramming of his land and inform A about the same.
Answer» D. Chop off the overhanging branches while ramming of his land and inform A about the same.
discuss
13.

‘Illegal’ means everything which:

A. Is an offence
B. Is prohibited by law
C. Furnishes ground for a civil action.
D. All are correct.
Answer» D. All are correct.
discuss
14.

The term ‘offence’ means:

A. A thing made punishable by the Penal Code
B. A thing made punishable by the Penal Code or any special or local law, in certain case
C. Both (a) and (b)
D. None of the above.
Answer» C. Both (a) and (b)
discuss
15.

A man is defined by Section 10 of the Code as a male human being of:

A. Any age
B. Above 16 years of age
C. Above 18 years of age
D. None of the above.
Answer» A. Any age
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16.

An idol of Lord Krishna is a temple is:

A. A natural person
B. A legal person
C. Not a person in the eye of law because only the priest of the temple will be a person
D. Not a person because no personality can be conferred on God.
Answer» D. Not a person because no personality can be conferred on God.
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17.

Which one of the following is not a “public servant”?

A. Liquidator
B. A civil Judge
C. Member of a panchayat assisting a Court of justice
D. Secretary of a Co-operative society.
Answer» D. Secretary of a Co-operative society.
discuss (2)
18.

An Indian citizen commits any offence out of India, he:

A. Cannot be prosecuted in India, as the act was not committed in India
B. Can be prosecuted in the country where the offence was committed
C. Can be prosecuted in India in any place in which he may be found
D. None of the above.
Answer» C. Can be prosecuted in India in any place in which he may be found
discuss
19.

Under which of the following situations would Indian courts have jurisdiction? 1. Crime committed by an Indian in a foreign country 2. Crime committed by a foreign in India 3. Crime committed by a person on an Indian ship. Select the correct answer using the codes given below: Codes:

A. 1 and 2
B. 1 and 3
C. 2 alone
D. 1, 2 and 3.
Answer» D. 1, 2 and 3.
discuss
20.

Give correct response. A an Indian citizen commits murder in America and makes good his escape to India.

A. A can be prosecuted in India in any place where he is found because by virtue of Section 4 of I.P.C. the code has extra territorial application in case of offences committed by Indian citizen.
B. A cannot be prosecuted in India because the act was not committed in this country.
C. A can neither be prosecuted in America nor in India.
D. A can only be prosecuted in America where the offence has been committed.
Answer» A. A can be prosecuted in India in any place where he is found because by virtue of Section 4 of I.P.C. the code has extra territorial application in case of offences committed by Indian citizen.
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21.

Give correct response. A, a Korean national commits murder of B, an English lady on an Indian Air Lines plane while on a journey from India to Japan.

A. A can be tried either in Korea or in England because the murderer was a Korean and the victim was a national of England.
B. A can be prosecuted in India in any place where he is found because Section 4 of the I.P.C. provides this the provisions of the code apply to any offence committed by any person on any ship or aircraft registered in India.
C. A cannot be prosecuted in India because the offence has not been committed against an Indian citizen.
D. A can only be prosecuted in Korea because only that country of which an offender is a national has jurisdiction to prosecute.
Answer» B. A can be prosecuted in India in any place where he is found because Section 4 of the I.P.C. provides this the provisions of the code apply to any offence committed by any person on any ship or aircraft registered in India.
discuss
22.

Point out incorrect response. The following persons are exempted from the jurisdiction of criminal courts in India.

A. Alien enemies committing acts of war.
B. Foreign Sovereigns.
C. Foreign army on Indian soil present with the consent of Government of India.
D. Alien enemy committing a crime unconnected with war e.g., theft.
Answer» D. Alien enemy committing a crime unconnected with war e.g., theft.
discuss
23.

Point out incorrect response. The following persons are exempted from the jurisdiction of criminal courts in India.

A. The Governors of States in India.
B. The President of India.
C. Foreign Ambassadors.
D. The Prime Minister of India.
Answer» D. The Prime Minister of India.
discuss
24.

Which one of the following brings out the distinction between Section 34 and 149 of the IPC?

A. Section 34 creates a specific offence whereas Section 149 does not
B. Section 34 as well as Section 149 creates specific offences.
C. Section 149 creates a specific offence whereas Section 34 does not.
D. Section 34 as well as Section 149 do not create specific offences.
Answer» C. Section 149 creates a specific offence whereas Section 34 does not.
discuss
25.

Assertion (A): X and Y had independently entertained the idea to kill Z. Accordingly each of them separately inflicted wounds on Z, who dies in consequence. X and Y are liable for murder with the aid of Section 34 IPC. Reason (R): When a criminal act is done by several persons in furtherance of common intention of all, each of such persons is liable as if the whole act is done by him alone. Of the above statements.

A. Both A and R are true and R is the correct explanation of A
B. Both A and R are true and R is NOT a correct explanation of A
C. A is true but R is false
D. A is false but R is true.
Answer» D. A is false but R is true.
discuss
26.

To constitute an offence of criminal conspiracy, what is the necessary condition to be proved?

A. There must be a prior meeting of two or more persons.
B. There must be an agreement of two or more persons to do an illegal act or to do a legal act by illegal means.
C. A person does an illegal act with the help of two or more persons.
D. Two or more persons commit a crime on a sudden provocation with guilty mind.
Answer» B. There must be an agreement of two or more persons to do an illegal act or to do a legal act by illegal means.
discuss
27.

Which one of the following statements regarding Section 34 and 149 of the Indian Penal Code is correct?

A. Common intention and common object are the same
B. Both are distinct offences in themselves.
C. Section 34 enunciates a mere principle of liability and creates no offence while Section 149 creates a specific offence.
D. Section 34 and 149 are mutually helping Sections
Answer» C. Section 34 enunciates a mere principle of liability and creates no offence while Section 149 creates a specific offence.
discuss
28.

Section 34 of I.P.C. provides for liability based on common intention.
Consider the following situations:
1. The weapon used in the offence was found in A’s house.
2. A has procured the weapon of offence voluntarily to aid the criminal gang.
3. A was compelled under threat to his life to procure the weapon of offence.
4. The weapon was supplied on receipt of value of the weapon (sale).
Which of the situation given above reflect (s) the correct ingredients with regard of Section 34?

A. 1 and 2
B. 2 and 3
C. 2 only
D. 4 only.
Answer» C. 2 only
discuss
29.

Section 34 of IPC:

A. Creates a substantive offence
B. Is a rule of evidence
C. Both (a) and (b)
D. Neither (a) nor (b).
Answer» B. Is a rule of evidence
discuss
30.

The difference between Section 34 and Section 149 of Indian Penal Code:

A. That whereas in Section 34 there must at least be five persons, Section 149 requires only two persons
B. That Section 149 is only a rule of evidence whereas Section 34 creates a specific offence and provides for its punishment.
C. That Section 34 requires active participation in action whereas Section 149 requires mere passive membership of the unlawful assembly
D. That Section 34 need not be joined with the principle offence, whereas Section 149 must be combined with the principle offence.
Answer» C. That Section 34 requires active participation in action whereas Section 149 requires mere passive membership of the unlawful assembly
discuss
31.

To establish section 34 of IPC

A. Common intention be proved but not over act be proved
B. Common intention and overt act both be proved
C. Common intention need not be proved but overt act be proved.
D. None.
Answer» A. Common intention be proved but not over act be proved
discuss
32.

Common intention under Section 34 implies:

A. Similar intention
B. Pre-arranged planning (privity of mind)
C. Presence of common knowledge
D. All of these.
Answer» A. Similar intention
discuss
33.

When a criminal act is done by several persons is furtherance of common intention of all:

A. Each of such person is liable for that act
B. Each of such person is liable for that act in the same manner as if it were done by him alone
C. Each of such person is liable according to their guilt
D. None is incorrect.
Answer» B. Each of such person is liable for that act in the same manner as if it were done by him alone
discuss
34.

Under Section 34:

A. Physical presence is necessary
B. Physical presence is not necessary at all
C. Physical presence is necessary for participation but not in all cases
D. All of these.
Answer» C. Physical presence is necessary for participation but not in all cases
discuss
35.

For the application of Section 34, there must be at least:

A. Two persons
B. More than two persons
C. Five persons
D. None of the above
Answer» A. Two persons
discuss
36.

The difference between Section 34 and Section 149 is:

A. That whereas in Section 34 there must be at least five persons, Section 149 required only two persons.
B. That Section 149 is only a rule of evidence whereas Section 34 creates a specific offence and provides for its punishment.
C. That Section 34 requires active participation in action whereas Section 149 requires mere passive membership of the unlawful assembly
D. None of the above
Answer» C. That Section 34 requires active participation in action whereas Section 149 requires mere passive membership of the unlawful assembly
discuss
37.

When a criminal act is done by several persons in furtherance of common intention of all, each one of them is liable:

A. As if it was done by each one of them in singular capacity
B. Only for the part each one has done
C. For the abetment of the act
D. For an attempt to commit the act.
Answer» A. As if it was done by each one of them in singular capacity
discuss
38.

Common intention implies:

A. Similar intention
B. Pre-arranged planning
C. Presence of planning
D. Presence of common knowledge.
Answer» B. Pre-arranged planning
discuss (1)
39.

Give incorrect response. The following are the requirements of the principle of joint liability under section 34 of the Penal Code:

A. Some criminal act must be done by several persons.
B. Criminal act must be done in furtherance of common intention of all of them.
C. Several persons must share the common intention, they may or may not participate in the commission of the act constituting the crime.
D. Common intention implies a pre-arranged plan between such persons.
Answer» C. Several persons must share the common intention, they may or may not participate in the commission of the act constituting the crime.
discuss
40.

Give correct response. Common intention within the meaning of section 34 of the Penal Code means:

A. It implies a pre-arranged plan, prior meeting of minds, prior consultation in between all the persons constituting the group.
B. Evil intention of many persons to commit the same act.
C. A desire of many persons to commit a criminal act without any contemplation of the consequences.
D. The mens rea necessary to constitute the offence that has been committed by several persons.
Answer» A. It implies a pre-arranged plan, prior meeting of minds, prior consultation in between all the persons constituting the group.
discuss
41.

Give correct response. The principle of common intention within the meaning of section 34 of the Penal Code means:

A. Where each of the several persons did something criminal, all acting in furtherance of the common intention, each was punishable for what he had done as if he had done it by himself.
B. Where an act is done by several persons each one of them shall be jointly liable for any act done by any one of them provided their intention was same and they have acted jointly.
C. Section 34 deals with the doing of several acts, similar or diverse by several persons ; if all are done in furtherance of the common intention of all each of such persons is liable for the result of them all, as if he had done them himself.
D. For joint liability under section 34 it would not be sufficient to show that the intention of the persons committing the crime was same or similar but it has also to be shown that they have acted jointly in furtherance of such intention.
Answer» C. Section 34 deals with the doing of several acts, similar or diverse by several persons ; if all are done in furtherance of the common intention of all each of such persons is liable for the result of them all, as if he had done them himself.
discuss
42.

Give the correct response? When a criminal act is done by several persons in furtherance of common intention of all :

A. each of such person is liable for that act in the same manner as if it were done by him alone.
B. each of such persons is liable for that act.
C. each of such person is liable according to their guilt.
D. None of the above.
Answer» A. each of such person is liable for that act in the same manner as if it were done by him alone.
discuss
43.

Give the correct response?

A. Sec. 34 does create a substantive offence.
B. Sec. 34 is only a rule of evidence.
C. Both (a) and (b).
D. None of the above.
Answer» B. Sec. 34 is only a rule of evidence.
discuss
44.

Under Sec. 34

A. Physical presence is necessary for participation but not in all cases.
B. Physical presence is not necessary at all.
C. Physical presence is necessary for participation in all cases.
D. None of the above.
Answer» A. Physical presence is necessary for participation but not in all cases.
discuss
45.

A & B goes to murder C. A stood as guard with a spear in hand to facilitate murder of C by B

A. A is liable for murder only.
B. B is liable for murder only.
C. A and B are liable for murder only.
D. A is not liable.
Answer» C. A and B are liable for murder only.
discuss
46.

Before a man can he held liable under Sec. 34

A. The person should have participated in some what manner in the act.
B. There was common intention.
C. Both (a) and (b).
D. None of the above.
Answer» C. Both (a) and (b).
discuss
47.

Common intention under Sec. 34 :

A. May develop at the spot as between a number of persons.
B. Implies a pre-arranged plan.
C. Both (a) and (b).
D. None of the above.
Answer» C. Both (a) and (b).
discuss
48.

Point out incorrect response. In Barendera Kumar Ghose Vs. Emperor, 52 I.A. 40, the appellant was charged under section 302 read with section 34 of the I.P.C. with the murder of a sub-postmaster. Sub-postmaster was counting money in the backroom. Several persons appeared at the door of the office and demanded the post master to give up the money and immediately afterwards fired pistols at him. Postmaster died immediately and the assailants fled in different directions without taking money. On of them was chased and caught with a pistol in his hand. It was not clear as to who fired the fatal shot. While holding the appellant liable for murder the Privy Council laid down the following principles:

A. “Criminal act” means that unity of criminal behaviour which results in something for which an individual would be liable if it were all done by himself alone, in a criminal offence.
B. Even if the appellant did nothing as he stood outside the door, in crimes they also serve who only stand and wait.
C. Section 34 deals with the doing of separate acts, similar or diverse, by several persons ; if all are done in furtherance of a common intention, each person is liable for the result of them all, as if he had done them himself, for ‘that act’ in the latter part of the section must include the whole action covered by a “criminal act” in the first part because they refer to it.
D. Care must be taken not to confuse same or similar intention with the common intention.
Answer» D. Care must be taken not to confuse same or similar intention with the common intention.
discuss
49.

Point out incorrect response. The following principles were laid down in Mahboob Shah v. Emperor 72 I.A. 148.

A. Under section 34 the essence of liability is to be found in the existence of a common intention animating the accused leading to the doing of a criminal act in furtherance of such intention.
B. It is difficult if not impossible, to procure direct evidence to prove the intention of an individual; in most cases it has to be inferred from his act etc. Such an inference should never be reached unless it is necessary inference deducible from the circumstances of the case.
C. Common intention within in the meaning of section 34 implies a prearranged plan, and to convict the accused of an offence applying this section, it should be proved that the criminal act was done in concert pursuant to the prearranged plan.
D. Even though a person has not done anything but was only standing where the crime was committed by his co-conspirators the rule is that ‘they also serve who only stand and wait.’
Answer» D. Even though a person has not done anything but was only standing where the crime was committed by his co-conspirators the rule is that ‘they also serve who only stand and wait.’
discuss
50.

Give correct response. In J.M. Desat v. State of Bombay, A.I.R. 1960 S.C. 889, Mr. Desai was the Managing Director of a Dying Company, the company entered into a contract with the textile Commissioner undertaking to dye a large quantity of cloth. Out of the lot some were returned back to the commissioner by the company while others, even after repeated demand, remained undelivered. Therefore, the Managing Director was charged for an offence and he pleaded that the clothes were eaten up by white ants and that he was not personally responsible for damage done to them and their nondelivery.

A. In order to punish a person by application of section 34 mental as well as physical participation was necessary, therefore, in absence of actual physical participation the Managing Director was not liable.
B. Since the act was not done in furtherance of a common intention, therefore, Managing Director cannot be punished for any offence, in the absence of evidence that the offence was committed with his consent or knowledge.
C. The Managing Director would be vicariously liable for the offence of criminal misappropriation under section 409 IPC because he was responsible for supervision and control of the servants of the company who might have caused the loss negligently.
D. The Managing Director would be liable under section 409 read with section 34 I.P.C. because physical presence is not necessary in offences involving diverse acts which may be done at different time and places.
Answer» D. The Managing Director would be liable under section 409 read with section 34 I.P.C. because physical presence is not necessary in offences involving diverse acts which may be done at different time and places.
discuss

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