930+ Indian Penal Code (IPC 1860) Solved MCQs

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101.

According to Sec. 79 -- “Nothing an offence which is done by any person who is justified by law and who by reason of mistake of fact in good faith believes himself to be :

A. Bound by law in doing it.
B. Justified by law in doing it.
C. Right in doing it.
D. None of the above.
Answer» B. Justified by law in doing it.
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102.

A attacked with sword B who was behind the bush believing B to be a tiger :

A. A is entitled to get benefit under Sec. 76 and 79 both.
B. A is entitled to get benefit under Sec. 76.
C. A is entitled to get benefit under Sec. 79.
D. A is not entitled to get any benefit.
Answer» C. A is entitled to get benefit under Sec. 79.
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103.

Give the correct response?

A. Mistake of fact in a criminal case is not a good defence.
B. Mistake of law in a criminal case is not defence.
C. Mistake of law in a criminal case may be a good defence.
D. None of the above.
Answer» B. Mistake of law in a criminal case is not defence.
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104.

The maxim ignorantia juris non excusat does mean :

A. Mistake of court is no defence.
B. Mistake of judicial act is no defence.
C. Mistake of fact is no defence.
D. Mistake of law is no defence.
Answer» D. Mistake of law is no defence.
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105.

Point out incorrect response. The following are ingredients of section 79 of the Indian Penal Code:

A. Such a belief must be by reason of a mistake of fact and not by reason of a mistake of law.
B. Act must have been done by a person who is either justified by law or believes himself to be justified by law in doing it.
C. One must be legally bound to do that act and not only legally justified to do it.
D. Belief must be a bona fide belief in good faith.
Answer» C. One must be legally bound to do that act and not only legally justified to do it.
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106.

Point out incorrect response. The following are the ingredients of the defence of accident under section 80 I.P.C. :-

A. The act must not be done with any criminal intention or knowledge.
B. The act must be an accident or misfortune and it must have been done with proper care and
C. The accident must be the outcome of a lawful act, done in lawful manner, by lawful means.
D. The act may be done with the knowledge of the consequences but in no case the act should have been done with criminal intention.
Answer» D. The act may be done with the knowledge of the consequences but in no case the act should have been done with criminal intention.
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107.

Give correct response. In the following cases the defence of accident may successfully be claimed :

A. A was driving a pair of horses without reins. B was walking on the road and was intoxicated. A called out to him twice to get out of the way but since the speed of the horses was high B was run over and killed.
B. A big party consisting of about 100 men went out for shooting pigs. A boar rushed towards the accused who fired at her, but he missed the boar and shot struck the leg of a member of the party.
C. A trespassed into B’s house in his absence and no return B demanded A to leave but A refused to do so. This led to an altercation which excited B who gave him a kick causing injury resulting in death.
D. A takes up a gun, not knowing whether it is loaded or not, posits it in sport at B and pulls the trigger. B is shot dead.
Answer» B. A big party consisting of about 100 men went out for shooting pigs. A boar rushed towards the accused who fired at her, but he missed the boar and shot struck the leg of a member of the party.
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108.

Give correct response. A and his wife W went to have dinner with a friend. He carried his gun with him, and before going to dinner he discharged the gun and kept it in a private place in his friend’s house. A, then went to church after dinner and in the night returned home with his gun. He carried the gun in the room. He in taking it up touched the trigger and the gun went off and killed the wife. It was found that when A was away to church another man had privately taken the gun out to shoot and had returned it loaded to the place where it was put in the friend’s house. In this case :

A. A was negligent in so far as he did not try to ascertain whether the gun was loaded or not, therefore, he would be liable for negligently causing his wife’s death.
B. A is liable not for murder but for culpable homicide because he would have exercised greater caution in handling the gun.
C. A has acted in a mistaken belief that the gun was not loaded, therefore, he was entitled to the defence of mistake and will not be liable.
D. A would not be liable because death was caused by accident as he had reasonable ground to believe that the gun was not loaded.
Answer» D. A would not be liable because death was caused by accident as he had reasonable ground to believe that the gun was not loaded.
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109.

Point out incorrect response. Mistake means and implies :

A. That facts exist.
B. That the sense impressions of facts i.e., sense is known as erroneous.
C. The sense impressions of facts (which we call sense) are different from the facts and that sense fit or do not fit the facts.
D. That erroneous sense are for a time accepted as true.
Answer» B. That the sense impressions of facts i.e., sense is known as erroneous.
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110.

Give incorrect response. The following are the essential conditions of criminal liability.

A. Knowledge that the act is prohibited by law.
B. Knowledge of facts upon which the good and evil of an act may depend.
C. Intelligence to distinguish between good and evil.
D. Free will.
Answer» A. Knowledge that the act is prohibited by law.
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111.

Point out incorrect response. The following are some of the illustrations of defence of mistake of fact:

A. A in a moment of delusion thought that has only son was a tiger and he assailed him with an axe, thinking by reason of mistake of fact, that he was justified in destroying the deceased whom he did not regard to be a human being but who, as he thought, was a dangerous animal.
B. A was awakened in the night by strange noises in his house ; thinking that he was attacking a burglar, he ran his sword through a cabinet where the intruder was hiding and killed a friend of his servant present by the latter’s invitation.
C. A was charged for selling liquor to B, an intoxicated person who had given no indication of intoxication. There the statute made it an offence for any licensed person to sell any intoxicating liquor to any drunken person. A did not know that B was intoxicated.
D. A, a rail conductor forcibly ejects a passenger believing that the passenger has not paid his fare. The passenger persistently refuses to pay or to show his ticket.
Answer» C. A was charged for selling liquor to B, an intoxicated person who had given no indication of intoxication. There the statute made it an offence for any licensed person to sell any intoxicating liquor to any drunken person. A did not know that B was intoxicated.
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112.

Give correct response. A sees Z commit what appears to A to be murder. A in the exercise of the best of his judgment, exerted in good faith of the power which the law gives to all persons of apprehending murderers in the act seizes Z, in order to bring Z before the proper authorities, Later it was found that Z was acting in self-defence. Here:

A. A is liable because he has failed to make reasonable inquiries which must have elicited the true facts whether Z was a murderer or acting in self-defence.
B. A is liable for wrongfully apprehending Z because Z was acting in self-defence.
C. A is liable because he was neither bound by law nor justified by law to apprehend Z on a simple belief that Z was a murderer.
D. A has committed no offence because he is entitled to the defence of mistake of fact under section 79 of the Penal Code.
Answer» D. A has committed no offence because he is entitled to the defence of mistake of fact under section 79 of the Penal Code.
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113.

The accused was convicted of bigamy having gone through ceremony of marriage within 7 years after she had been deserted by her husband. She believed in good faith that her husband was dead. In this case :

A. she cannot be convicted as she was ignorant about 7 years rule. Exclusive group for Judicial Services Preparation
B. she can be convicted.
C. she cannot be convicted as she is mistaken by the fact.
D. she cannot be convicted of bigamy as she had been deserted by her husband.
Answer» C. she cannot be convicted as she is mistaken by the fact.
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114.

The accused took an unmarried girl below the age of sixteen without her father consent in a bonafide belief that girl was older than 16 :

A. As the tabbing in itself is unlawful and so cannot avail defence under sec. 79.
B. Accused can take good defence of mistake of fact.
C. Accused cannot take this defence as it is not a mistake of fact
D. None of the above.
Answer» A. As the tabbing in itself is unlawful and so cannot avail defence under sec. 79.
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115.

When the act in itself is wrongful the defence of mistake of fact cannot be availed. It was held in an English case

A. R Vs. Prince.
B. R Vs. Tolson.
C. Baily case.
D. None of the above.
Answer» A. R Vs. Prince.
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116.

Nothing is an offence which is done by :

A. Misfortunate
B. Accident
C. Both (a) and (b)
D. None of the above
Answer» C. Both (a) and (b)
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117.

Nothing is an offence which is done without any criminal intention and knowledge in the doing of :

A. Lawful act in a lawful manner by lawful means.
B. Lawful act in a lawful manner by lawful means and with proper care and caution.
C. Any act in a lawful manner by lawful means.
D. Unlawful act in a lawful manner by lawful means.
Answer» D. Unlawful act in a lawful manner by lawful means.
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118.

A is at work with hatch, the head flies off and killed a person

A. Act of A is an offence and not executable.
B. A is guilty of not taking proper caution and care.
C. Act of A is an offence and executable.
D. None of the above.
Answer» B. A is guilty of not taking proper caution and care.
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119.

Sec. 81 says that nothing is an offence of its being done with the knowledge:

A. To void or harm to other.
B. Without any criminal intention.
C. Both (a) and (b).
D. None of the above.
Answer» C. Both (a) and (b).
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120.

Nothing is an offence of its being done with the knowledge that it is likely to cause harm, without any criminal intention and in good faith :

A. To avoid any harm to other person.
B. To avoid and prevent harm to other is property.
C. To avoid and prevent harm to other person.
D. To avoid and prevent harm to other person and property.
Answer» D. To avoid and prevent harm to other person and property.
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121.

Give the correct response?

A. A statute can exclude that element.
B. Mens Rea is an essential ingredient of criminal offence.
C. Both (a) and (b).
D. None of the above.
Answer» C. Both (a) and (b).
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122.

Mens Rea is an essential element in every offence except in :

A. Cases criminal in form but which are really only a summary made of enforcing a civil right.
B. Cases not criminal in any real sense.
C. Cases of public nuisance.
D. All of these.
Answer» D. All of these.
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123.

A&B, swimming in the sea after ship wrecked, got hold of a plant not large enough to support both. A pushes of B who is drowned. In this case of B who is drowned. In this case :

A. A has good defence under SC 81.
B. A cannot take the defence under this Sec.
C. Cannot say.
D. None of the above.
Answer» B. A cannot take the defence under this Sec.
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124.

A man in order to escape death from hunger kills another for the purpose of eating :

A. He is guilty of murder.
B. He has good defence under Sec. 81.
C. Although he is guilty but not of murder.
D. None of the above.
Answer» A. He is guilty of murder.
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125.

A Bus driver suddenly without any fault or negligence on his part finds himself in such a position that before he can stop the bus he will run down a school children metador unless he incur the risk of turning the bus running down a Rickshaw poles. He choose second option

A. He is not guilty as he has good defence under Sec. 81.
B. Cannot say.
C. He is guilty of death by rash and negligent driving.
D. None of the above.
Answer» A. He is not guilty as he has good defence under Sec. 81.
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126.

Point out incorrect response. The following are ingredients of the defence of necessity under section 81 of the Penal Code :

A. The act constituting the offence is known by the wrongdoer to be 29 likely to cause harm, but it is done without any criminal intention to cause harm.
B. The act must have been done in good faith.
C. The act must have been done for the purpose of preventing or avoiding other harm to person or property.
D. The act must be one done neither with the intention to cause harm nor with the knowledge to cause harm.
Answer» D. The act must be one done neither with the intention to cause harm nor with the knowledge to cause harm.
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127.

Give incorrect response. The defence of necessity will be available in the following cases :

A. Browning was charged with reckless driving. He pleaded that he was trying to escape serious injury and illegal arrest by police officers who wished to ambush him.
B. A placed poison in his toddy pots knowing that if taken by a human being it would cause injury, but with the intention of thereby detecting an unknown thief who was in the habit of stealing the toddy from his pots. The toddy was drunk by soldier who purchased it from an unknown vendor.
C. A, a bargeman threw the goods of the plaintiff out of a barge in order to lighten it in a storm and for the safety of the passengers. It was found that the bargeman had overloaded the barge.
D. A sees a tiger attacking B and he feels sure that the tiger will be on him within a minute. A shoots the tiger fully knowing that B and the tiger are so close that he might kill B and not the tiger. A thus kills B.
Answer» B. A placed poison in his toddy pots knowing that if taken by a human being it would cause injury, but with the intention of thereby detecting an unknown thief who was in the habit of stealing the toddy from his pots. The toddy was drunk by soldier who purchased it from an unknown vendor.
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128.

Give best response. A voted before he has attained the age of majority prescribed for exercising the right of franchise, believing that he was of age. Here:

A. A has violated the election law and cannot plead mistake in his defence.
B. A has committed no offence, he can plead mistake of fact in his defence as he believed in good faith to be of age.
C. Ignorance of law is no excuse; ignorance of fact only is an excuse. A is liable because he has committed mistake of law.
D. Since A was a minor not having attained the age of majority he can plead the defence under section 83 of the Penal Code.
Answer» B. A has committed no offence, he can plead mistake of fact in his defence as he believed in good faith to be of age.
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129.

Give correct response. A, the accused was beating B with his fists, when the latter’s wife with a baby on her shoulder interfered. A hit the woman but the blow struck the child on his head resulting in death. Held :

A. A was not liable for causing death of the child because he intended to hit the woman, and the blow unfortunately fell upon the child.
B. A was not liable for child’s death because he never intended to kill the child who was hit only by accident.
C. A was liable for causing death of the child because he intended to hit the woman and did not act in good faith knowing it fully well that she was having her baby on her shoulder.
D. No doubt the child was hit by accident but the act of A was not a lawful act being done in lawful manner by lawful means, therefore, he would be liable.
Answer» D. No doubt the child was hit by accident but the act of A was not a lawful act being done in lawful manner by lawful means, therefore, he would be liable.
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130.

Give correct response. A, in a great fire, pulls down B’s house in order to prevent the conflagration from spreading. He does this without the intention, in good faith, to saving human life or property. In this case :

A. A would be liable because no amount of necessity can justify causing of harm to innocent parties.
B. A would be liable for causing harm day doing mischief to B and will not succeed in his defence of necessity.
C. A would not be liable because he had no intention to cause harm to B’s property but to save it from being damaged by fire.
D. A would not be liable because he has pulled down B’s house in order to prevent the conflagration from spreading i.e. the act was done in good faith for the purpose of avoiding greater harm to person or property : the rule is that causing of lesser evil is justified to avoid greater evil.
Answer» D. A would not be liable because he has pulled down B’s house in order to prevent the conflagration from spreading i.e. the act was done in good faith for the purpose of avoiding greater harm to person or property : the rule is that causing of lesser evil is justified to avoid greater evil.
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131.

Give correct response. A, B and C three adults and D a boy were on a voyage in an open boat. They had no food after about 18 years of journey. C proposed to B and A to sacrifice the boy so that they may feed upon ut B did not agree. On 20th day C with the consent of A only killed the boy and all the three fed upon the boy for four days when they were picked up. It was found that the boy was in a weaker condition and was likely to die before others and also if the men would not have fed upon the boy, hey would not have survived. Held that:

A. A, B and C would be liable for murder of the boy because self-preservations not an absolute necessity and there can be no necessity that justifies homicide.
B. A, B, and C were not liable for murder of the boy because Sec.81 of the Penal Code justifies causing of lesser evil in order to avoid greater evil.
C. A, B and C were not liable for murder of the boy because to preserve one’s life is generally speaking a duty and in the present case there was no other way of saving the life of all the three except that some one was killed to save others from death by starvation.
D. A, B and C would not be liable because, the rule that a necessity can never be a defence to a charge of homicide is not conclusive and justifies homicide in self-defence.
Answer» A. A, B and C would be liable for murder of the boy because self-preservations not an absolute necessity and there can be no necessity that justifies homicide.
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132.

Give correct response. Section 83 of the Indian Penal Code deals with the defence of infancy. It provides that :

A. A child who is above 7 but below 12 years of age is deemed to be doli capax and he would not
B. A child who is above 7 but below 12 years of age is deemed to be doli incapax, therefore, he would be liable if it be proved that he was doli capax.
C. Section 83 is based on the principle of presumption of innocence of the accused unless the prosecution proves otherwise.
D. In order to avail the defence under section 83 it must be shown that the child was above 7 but below 12 years of age and if that much is proved the burden shall then lie upon the prosecution to prove that he was capable of knowing the nature and quality of his act.
Answer» A. A child who is above 7 but below 12 years of age is deemed to be doli capax and he would not
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133.

Point out incorrect response. The M’ Neghten Rules relating to the defence of insanity provide :

A. If the accused was conscious that the act was one which he ought not too do and five that act was at the same time contrary to the law of the land, he is punishable.
B. That every man is presumed to be same and to possess a sufficient degree of reason to be responsible for his crimes until the contrary be proved to the satisfaction of the jury or the Court.
C. It must be shown that at the time of committing the act, the accused was laboring under such a defect of reason from desease of mind as not to know the nature and quality of the act he was doing, or if he did not know it that he did not know that what he was doing was wrong.
D. Where the criminal act is done under insane delusion as to the surrounding facts which conceal from him the true nature of the act he is doing he would not be under the same degree of responsibility as he would have been on the facts as he imagined them to be.
Answer» D. Where the criminal act is done under insane delusion as to the surrounding facts which conceal from him the true nature of the act he is doing he would not be under the same degree of responsibility as he would have been on the facts as he imagined them to be.
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134.

Nothing is an offence which is done by a child under S.82

A. 14 years of age.
B. 18 years of age.
C. 7 years of age.
D. 10 years of age.
Answer» C. 7 years of age.
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135.

Give the correct response

A. In England a child under 14 cannot be convicted of rape.
B. In India a child of 12 years can be convicted of rape.
C. Both (a) and (b).
D. None of the above.
Answer» C. Both (a) and (b).
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136.

A child of 11 year stolen a neckless worth Rs. 1000 and sold it in Rs. 5/-

A. He cannot be held guilty as he did not attained sufficient maturity.
B. He is guilty of committing theft.
C. A child below 12 years of age cannot be held guilty of any offence.
D. None of the above.
Answer» B. He is guilty of committing theft.
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137.

Nothing is an offence which is done by a child, who has not attained sufficient maturity of understanding to judge of the nature of his conduct and consequence. This provision applies to children of age group of :

A. Below 7 years.
B. 7-12 years.
C. Below twelve years.
D. 7-14 years.
Answer» B. 7-12 years.
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138.

Under Sec. 84 a person is exonerated from liability for doing an act on the ground of unsoundness of mind :

A. Before the time of doing.
B. After the time of doing.
C. At the time of doing.
D. None of the above.
Answer» C. At the time of doing.
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139.

A person is exonerated from liability for doing an act on the ground of unsoundness of mind if he is either incapable of knowing:

A. That he is doing what is either wrong or contrary to law.
B. The nature of the act.
C. Both (a) and (b).
D. None of the above.
Answer» C. Both (a) and (b).
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140.

Nothing is an offence which is done by a child above the age of seven years and below the 12 years and who :

A. Is handicapped.
B. Is an orphan.
C. Has not attained sufficient maturity of understanding the nature and consequence of his conduct.
D. None of the above.
Answer» C. Has not attained sufficient maturity of understanding the nature and consequence of his conduct.
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141.

Point out incorrect response. The following are the ingredients of section 83 I.P. Code.

A. An act done by a child above 7 years but under 12 years of age.
B. A child of above 7 but below 12 years is in India presumed to be doli incapax, therefore, the prosecution has to establish that he was doli capax.
C. The child must not have attained sufficient maturity of understanding to judge of the nature and consequences of his conduct.
D. Incapacity must exist at the time of commission of the act.
Answer» A. An act done by a child above 7 years but under 12 years of age.
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142.

Give correct response. A married girl, Sudha aged about 10 years slept in the night with her mother-in-law. Her husband Vinay aged about 19 years slept with his brother in another hut but in the same homestead. In the early hours of the fateful day the mother-in-law woke Sudha and told her to go about her household duties. Shortly after this Sudha was seen running out of the house and her husband was found mortally wounded on the neck by her. She was hiding herself in a field and could be found only in the afternoon.

A. Sudha was doli capax as it could be inferred from the case, therefore, she was liable unless proved to be doli incapax.
B. Sudha was doli incapax being below 12 years and was not liable.
C. The circumstances in which murder was committed and the conduct of Sudha were not so as to lead to an inference beyond reasonable doubt that she was guilty.
D. Sudha was not liable because a child below 12 years of age is absolutely immune from liability because of her immature age.
Answer» A. Sudha was doli capax as it could be inferred from the case, therefore, she was liable unless proved to be doli incapax.
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143.

A person cuts of the head of sleeping person because it would be great fun to see him looking for it when he woke up. He is :

A. Entitled to get benefit of see. 84.
B. Not entitled to get such benefit.
C. Guilty of causing death.
D. None of the above.
Answer» A. Entitled to get benefit of see. 84.
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144.

An accused on being commanded in his dream by some one to kill his wife as being a denial, into the head of his wife. He is :

A. Entitled to the benefit of Sec. 84 IPC.
B. Not entitled as he knew the nature of act.
C. Not entitled to the benefit of Sec. 94 IPC.
D. None of the above.
Answer» A. Entitled to the benefit of Sec. 84 IPC.
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145.

Give the correct response.

A. Mere absence of motive of crime cannot in the absence of legal insanity bring the case within Sec. 84.
B. A person is exonerated from liability for his acts on the ground of unsoundness of mind.
C. Both (a) and (b).
D. None of the above.
Answer» C. Both (a) and (b).
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146.

A man suddenly murdered his wife and sister in law and he made no attempt to run away. This case :

A. Falls within Sec. 84.
B. Does fall within Sec. 84 because of absence of motive.
C. Does not fall within Sec. 84 because of presence of motive behind the act.
D. Does not fall within Sec. 84 because absence of motive does not imply unsoundness of mind.
Answer» D. Does not fall within Sec. 84 because absence of motive does not imply unsoundness of mind.
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147.

Give the correct response:

A. Medical insanity and legal insanity under Sec. 84 are different.
B. Medical, insanity and legal insanity under Sec. 84 are same thing.
C. Legal insanity under Se. 84 meant the person’s consciousness of the bearing of his acts on those affected by it.
D. Both (b) and (c).
Answer» C. Legal insanity under Se. 84 meant the person’s consciousness of the bearing of his acts on those affected by it.
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148.

A person suffering from fever killed his children as being annoyed at their crying. He :

A. Is entitled as he was annoyed.
B. Is entitled as he was suffering from decease.
C. Is not entitled to the benefit of Sec. 84 because he knows the nature of act.
D. Is entitled as he did not know the nature of act.
Answer» C. Is not entitled to the benefit of Sec. 84 because he knows the nature of act.
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149.

Give the correct response : An intoxicated person is exonerated from liability of his acts provided

A. That the thing which intoxicated him was administered to him without his knowledge or against his will.
B. That at the time of doing it he was in such state of intoxication that he was unable to know the nature of his acts.
C. Both (a) and (b).
D. None of the above.
Answer» C. Both (a) and (b).
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150.

Voluntary drunkenness is an excuse in case :

A. Delirium Tremens.
B. Where a specific intent is an essential element of an offence.
C. Both (a) and (b).
D. None of the above.
Answer» C. Both (a) and (b).
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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.
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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
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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).
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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.
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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.
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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.
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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.
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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.
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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.
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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).
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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.
discuss
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.
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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.
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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).
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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.
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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.
discuss
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.
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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.
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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.
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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).
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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.
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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).
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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.
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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).
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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.
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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.
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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.
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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.
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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.
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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.
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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.
discuss

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