Q.1 Which one of the following is the date of enforcement of the Indian penal code 1860?
A. January 1, 1860
B. July 1, 1865
C. January 1, 1861
D. January 1, 1862
Explanation:- D.
- The first draft of the Code was presented before the Governor-General in council in the year 1837, but subsequent revisions and amendments took two more decades. The complete drafting of the code was done in 1850 and presented to the Legislative Council in 1856.
Q.) The draft of the Indian Penal Code was prepared by:-
A. First Law Commission
B. Second Law Commission
C. Third law commission
D. Sixteenth Law Commission
Explanation:- A
- The code was drafted on the recommendations of first law commission of India established in 1834 under the Charter Act of 1833 under the chairmanship of Thomas Babington Macaulay.
Q.) To which of the following is Indian Penal Code not applicable
A. State of J & K
B. A foreigner committing offence in foreign country
C. Offence committed on Indian aircraft flying over Territory of Japan
D. A foreigner committing offence in territorial water of India
Explanation:- B
Q.) A who is a citizen of India commits murder in Uganda. He is arrested in Delhi. He can be tried and convicted of Murder ?
A. only in Uganda
B. only in that country of which the deceased was a citizen
C. in any one of the above
D. in Delhi
Explanation:- D
- Section 4- A, who is a citizen of India, commits a murder in Uganda. He can be tried and convicted of murder in any place in India in which he may be found.
Q.) Under which of the following situations would the Indian courts have jurisdiction ?
- crime committed by an Indian in a foreign country
- crime committed by a foreigner in India
- crime committed by a person on Indian ship
A. 1 and 2
B. 1 and 3
C. 2 only
D. 1,2,3
Explanation:- D.
- Section 4. Extension of Code to extra-territorial offences
Q.) Essential ingredients of a crime are –
A.) Actus Reus and mens Rea
B. Actus Reus, mens Rea and motive
C. motive, intention and knowledge
D. knowledge intention and action
Explanation:- A
Q.) Crime which do not require intention, recklessness or even negligence as to one or more elements in the actus reus are known as -:
A. Vicarious liability
B. Strict liability
C. Act of God
D. Force majeure
Explanation:- B
Q.) The Maxim actus non facit reum nisi mens sit rea means -:
A. Common and intention
B. group liability
C. guilty state of mind in crime
D. wrongful motive
Explanation:- C
- “an act does not render a man guilty of a crime unless his mind is equally guilty,”
Q.) In every statute Mens Rea is to be applied unless contrary is shown this view was expressed in -:
A. Sherras v. D. Rutzen
B. R vs Dudley and Stephen
C. Harding v. Price
D. R vs Prince
Explanation:- A
Q.) For which of the following offences mens rea is not a requisite
A. kidnapping
B. robbery
C. trespass
D. none of the above
Explanation:- A
- The intent of the offender is immaterial for the offence of Kidnapping as kidnapping is a strict liability offence.
Q.) Qui facit per alium per se is the essence of one of the following principles of:
A. Joint Criminal Liability
B. Vicarious Liability
C. Corporate Criminal Liability
D. Strict Liability
Explanation:- B
- “He who acts through another does the act himself”, is a fundamental legal maxim of the law of agency. It is a maxim often stated in discussing the liability of employer for the act of employee in terms of vicarious liability.”
Q.) Which one of the following is the correct sequence of stage in a crime?
A. Intention, Attempt, Accomplishment, Preparation
B. Intention, preparation, attempt accomplishment
C. Preparation, intention, attempt, accomplishment
D. preparation, motive, attempt and accomplishment
Explanation:- B
Q.) In IPC the word women denotes to:-
A. A female above the age of 15 years
B. A female above the age of 18 years
C. A female above the age of 21 years
D. A female of any age including newly born female child
Explanation:- D
- “Man”, “Woman”. —The word “man” denotes a male human being of any age; the word “woman” denotes a female human being of any age.
Q.) The word public servant denotes a person falling under ?
a commissioned officer in the military
B. every judge empowered by law to do any adjudicatory functions
C. every officer of Court of Justice
D. all of the above
Explanation:- D
- 21“Public servant”.—The words “public servant” denote a person falling under any of the descriptions
Q.) It was held that a chief minister or a Minister is in the pay of Government and therefore public servant within the meaning of Section 21 of IPC in the case of-:
A. Karuna Nidhi versus Union of India
B. Keshav Nand vs State of Kerala
C. Kalyan Singh versus Union of India
D. Jayalalitha vs State of Tamil Nadu
Explanation:- A
- The Supreme Court held that holder of a public office such as Minister or CM is a public servant and he gets his salary from Govt. Treasury and thus CM or Minister is covered under section 21(12) of IPC .
Q.) The definition of movable property under section 22 of Indian penal code excludes
- land
- things attached to the earth
- Things permanently fasted to anything which is attached to the earth
- all of the above
Explanation:- D
- “Movable property”.—The words “movable property” are intended to include corporeal property of every description, except land and things attached to the earth or permanently fastened to anything which is attached to the earth.
Q.) Whoever does anything with the intention of causing wrongful gain to one person or wrongful loss to another person is said to do that thing?
- Fraudulently
- Dishonestly
- wrongfully
- mischievously
Explanation:- B
- Section 24- Dishonestly”. —Whoever does anything with the intention of causing wrongful gain to one person or wrongful loss to another person, is said to do that thing “dishonestly”.
Q.) Under which one of the following sections of Indian penal code the principle of joint criminal liability is applicable
- Section 36
- Section 39
- Section 34
- Section 40
Explanation:- C
- Section 34 offers a notion of joint liability that is present in both civil and criminal law. It addresses a scenario where an offense involves a specific criminal intention or understanding and is committed by multiple persons. Each of those who join the act with such understanding or purpose shall be responsible in the same manner as if that intention or understanding was accomplished by him alone.
Q.) Illegal signifies
- Everything which is an offence
- Everything which is prohibited by law
- Everything which furnishes ground for civil action
- all of the above
Explanation:- D
- The word “illegal” is applicable to everything which is an offence or which is prohibited by law, or which furnishes ground for a civil action;
Q.) Good faith within the meaning of the Indian penal code means
- an act done with due care and attention
- an actual belief that the act done is not contrary to law
- an act in fact done honestly
- an act done under Bonafide belief
Explanation:- A Section 52
Q.) Section 34 of the Indian Penal Code
- creates a substantive offence
- is a rule of evidence
- both A and B
- none of the above
Explanation:- B
Q.) Under Section 34 of the Indian Penal Code?
- physical presence is necessary
- physical presence for participation but not all cases
- physical presence is not necessary
- physical presence is necessary with common knowledge
Explanation:- B
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