VIVEKANANDA SCHOOL OF LAW AND LEGAL STUDIES

SUBJECT: LAW OF CRIMES I (205)

MULTIPLE CHOICE QUESTIONS
PREPARED BY: MR. AASH MOHAMMAD
MR. R. K. V. SUHAS
MS. AANCHAL MITTAL

1. The Law Commission of India in its 262nd Report recommended that the death penalty may
be abolished for all crimes, other than:
a. Terrorism-related offences
b. Waging war against India
c. Rape and Murder
d. Both (a) and (b)
2. Who among the following was a member of the law commission headed by Lord Macaulay
which drafted the Indian Penal Code, 1860?
a. F Millet
b. GW Anderson
c. JM Macleod
d. All of the above
3. As originally enacted, the Indian Penal Code contained..sections.
a. 511
b. 488
c. 530
d. 482
4. Now the Indian Penal Code contains..sections.
a. 511
b. 488
c. 530
d. 482
5. The Indian Penal Code came into operation on
a. 1 January 1861
b. 6 October 1860
c. 1 January 1862
d. 16 October 1862
6. Which of the following are the essential ingredients of a crime?
a. Motive, mens rea, actus reus
b. Mens rea and actus reus
c. Preparation, attempt and commission
d. None of the above
7. Which of the following elements constitutes actus reus?
a. Human action which is usually termed as conduct
b. The result of such act, which is designated as injury
c. Such act prohibited by law
 d. All of the above
8. Mens rea means
a. Guilty mind
b. Mind of a person
c. Guilty person
d. None of the above
9. Which of the following propositions is correct?
a. Mens rea alone is not punishable unless followed by actus reus
b. Actus reus without mens rea is not punishable
c. Both (a) and (b) are correct
d. None of the above
10. The principle of criminal liablity ‘Actus not facit reum nisi mens sit rea’ means?
a. The act alone does not amount to guilt; it must be accompanied by a guilty mind
b. Mens rea alone is punishable unless followed by actus reus
c. Actus reus without mens rea is punishable
d. None of the above
11. Is mens rea is an essential ingredient to constitute ‘attempt to commit an offence?
a. Yes
b. No
c. Only in specific attempts like attempt to murder
d. None of above
12. The Supreme Court examine the impact of exclusion on mens rea from the definition of
crime in the case of
a. State of Maharashtra v M H George
b. Rupan Deol Bajab v KPS Gill
c. Rathinam v UOI
d. None of the above
13. The doctrine of Strict liability is a departure from the principle of
a. Sequi debet potenia justitiam, not praecedure
b. Vigilanibus non dorminetibus jura subvenient
c. Volenti non fit injuria
d. Actus non facit reum nisi mens sit rea
14. Mens rea can be excluded by
a. Express provision of law
b. Necessary implication
c. Both (a) and (b)
d. None of the above
15. In which of the following cases the House of Lords held that a mistaken belief, even though
based on reasonable grounds regarding the age of the girl, is no defence to a charge of
Kidnapping?
a. R v Tolson
b. R v Prince
c. R v Mcnamara
d. None of the above
16. Section 3 of the Indian Penal Code 1860, deals with
a. Punishment of offences committed within India
 b. Punishment of offences committed beyond, but which by law may be tried within
India
c. Extention of Code to extra territorial offences
d. None of the above
17. In which of the following cases it was held that for holding an accused criminally liable for
an offence under the Indian Penal Code, corporal presence of accused is not required?
a. Dawood Ibrahim v CBI
b. Mobarak Ali Ahmed v State of Bombay
c. Nalini v CBI
d. None of the above
18. Which of the following sections of the Indian Penal Code was inserted by the Information
Technology (Amendment) Act 2008?
a. Section 4(1)
b. Section 4(2)
c. Section 4(3)
d. None of the above
19. Which of the following sections of the Indian Penal Code 1860, defines the term
‘voluntarily’?
a. Section 39
b. Section 40
c. Section 41
d. Section 42
20. Which of the following is an ingredient of Section 34 of IPC?
a. A criminal act must be done by several persons
b. Act must be in furtherance of common intention of all
c. There must be participation of all in furtherance of common intention
d. All of the above
21. Which of the following cases is popularly known as the ‘Post master case’?
a. Barender Kumar Ghosh v Emperor
b. Pakala Narayana Swamy v Emperor
c. Kottayya v Emperor
d. None of the above
22. Even the concept of presence of the co-accused at the scene is not a necessary requirement
to attract section 34. This is held by the 3 judge bench of the Supreme Court in
a. Suresh and another v State of UP
b. Pandurang v State of Hyderabad
c. Ramanath v State of MP
d. None of the above
23. ‘Reformative theory is certainly important but too much stress to my mind cannot be laid
on it that basic tenets of punishments altogether vanish’. Who among the following made
the above observation?
a. Justice Krishna Iyer
b. Justice K T Thomas
c. Justice D P Wadhawa
d. Justice Hidayatullah
24. Which of the following chapters of the Indian Penal Code deals with Punishments?
 a. Chapter II
b. Chapter III
c. Chapter IV
d. Chapter V
25. In which of the following cases the Supreme Court issued further guidelines for imposing
the death penalty following the Bachan Singh’s case?
a. Attorney General of India v Lachman Devi
b. Machi Singh v State of Punjab
c. Harman v State of UP
d. None of the above
26. Which of the following is a valid defence under the Indian Penal Code?
a. Mistake of fact
b. Insanity
c. Good faith
d. All of the above
27. Which of the following is not a defence under the Indian Penal Code?
a. Mistake of law
b. Ignorance of law
c. Both (a) and (b)
d. None of the above
28. Which of the following sections places the burden on the accused to prove that the case
falls within one of the general exceptions?
a. Section 105 of the Indian Penal Code
b. Section 105 of the Code of Criminal Procedure
c. Section 105 of the Evidence Act
d. None of the above
29. Section 76 to 79 of the IPC are based on the Common Law maxim
a. Ignorantia facit doth excusat, ignorantia juris non excusat
b. Volunti non fit injuria
c. Res judicata pro veritate accipitur
d. None of the above
30. A is at work with a hatchet; the head flies off and kills a man who is standing by. Here, if
there was no want of proper caution on the part of A, his act is:
a. Excusable
b. An offence
c. Cannot be determined
d. None of the above
31. Nothing is an offence which is done by a child under 7 years of age since it is
a. Doli capax
b. Doli incapax
c. Both (a) and (b)
d. None of the above
32. Section 84 is drafted based on the dictum in
a. R v Daniel Mc Naughten
b. R v Prince
c. R v Dudley Stephens
 d. None of the above
33. Which of the following is protected under section 84 of the IPC
a. Medical insanity
b. Legal insanity
c. Both (a) and (b) are correct
d. None of the above
34. Which of the following is protected under section 85 of the IPC
a. Voluntary drunkenness
b. Involuntary drunkenness
c. Both (a) and (b) are correct
d. None of the above
35. A, a night watchman, during his duty took a minor girl and in his attempt to rape placed his
hands upon her mouth and she died due to suffocation. He took a defence that he was unable
to understand the consequences as he was heavily drunk. In this case the
a. Accused is guilty of offence
b. Accused is not guilty of offence
c. Cannot be determined
d. None of the above
36. 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 has committed no offence, though he knew it to be likely that the communication
might cause the patient’s death
b. A has committed the offence, if he knew it to be likely that the communication
might cause the patient’s death
c. Cannot be determined
d. None of the above
37. Which of the following section of the IPC is based on the maxim ‘de minimus non curat
lex’ means?
a. Section 95
b. Section 94
c. Section 93
d. Section 92
38. Section 87 to 93 of the Indian Penal Code are based on the maxim
a. De minimus non curat lex
b. Actus non facit reum nisi mens sit rea
c. Volunti non fit injuria
d. None of the above
39. Which of the following sections of the Indian Penal Code deals with right of private defence
of the body and of property?
a. Section 98
b. Section 96
c. Section 97
d. Section 99
40. In which of the following cases the right of private defence is not available?
 a. An act which does not reasonable cause the apprehension of death or of grievous
hurt, if done, or attempted to be done, by a public servant acting in good faith under
color of his office, though that act, may not be strictly justifiable by law
b. An act which does not reasonable cause the apprehension of death or of grievous
hurt, if done, or attempted to be done, by the direction of a public servant acting in
good faith under color of his office, though that direction may not be strictly
justifiable by law
c. In cases in which there is time to have recourse to the protection of the public
authorities
d. All of the above
41. Which of the following sections of the Indian Penal Code deals with commencement and
continuance of the right of private defence of the property?
a. Section 103
b. Section 104
c. Section 106
d. Section 105
42. A instigates B to murder C. B refuses to do so. Here
a. A is guilty of abetting B to commit murder
b. A is not guilty of abetting B to commit murder
c. Cannot be determined
d. None of the above
43. A, with an intention of murdering Z, instigates B, a child under seven years of age, to do
an act which causes Z’s death. B, in consequence of the abetment, does the act in the
absence of A and thereby causes Z’s death
a. A is not guilty since B is excused by law
b. A is guilty, though B was not capable by law of committing an offence
c. A and B are guilty
d. None of the above
44. In which of the following cases, the Supreme Court elaborated on the difference between
sections 34, 109 and 120B of the India Penal Code?
a. Noor Mohd. Yousuf Momin v State of Maharashtra
b. Om Prakash v State
c. Nanak Chand v State of Punjab
d. None of the above
45. In criminal conspiracy
a. There is no actus reus
b. The agreement is the actus reus
c. Mental element is sufficient
d. None of the above
46. The appellant, government servant was prosecuted along with four other, for offences under
section 409 read with section 120B of the Indian Penal Code. One of the accused turned
approver. All other accused except appellant were acquitted for all the offences. Appellant
was convicted under section 120B for entering in to a criminal conspiracy with the
approver. The conviction is
a. Legal
b. Illegal
 c. Irregular
d. Improper
47. Which of the following is punishable under section 121 of the IPC?
a. Waging war against the government of India
b. Attempt of waging war against the government of India
c. Abetting waging war against the government of India
d. All of the above
48. In which of the following cases, the constitution bench of the Supreme Court upheld the
constitutional validity of section 124A AND 505 of the Indian Penal Code?
a. Ranjit Udeshi case
b. Mithu v State of Punjab
c. Kedar Nath v State of Bihar
d. None of the above
49. An assembly of five or more persons is designated an ‘unlawful assembly’ if the common
object of the persons composing the assembly is
a. By means of criminal force, or show of criminal force, to any person, to take or
obtain possession of any property, or to deprive any person of the enjoyment of a
right of way, or of the use of water or other incorporeal right which he is in
possession or enjoyment, or to enforce any right or supposed right
b. By means of criminal force, or show criminal force, to compel any person to do
what he is not legally bound to do, or to omit to do what he is legally entitled to do.
c. Either (a) or (b)
d. None of the above
50. The Law Commission of India that drafted the Indian Penal Code under the presidentship
of Lord Macaulay was appointed in the year
a. 1834
b. 1838
c. 1839
d. 1859

51. A and B are citizens of India while C is a citizen of USA and D is a citizen of UK. On a
particular day, while B is travelling from his home to Office, D follows him, with an
intention to kill him. In this, he is being assisted by A and C, by tracking the location of
mobile phone online. D finally is able to, with the help of A & C, to identify a secluded
spot on the route and kill B at that place. Can A be prosecuted in an Indian Court under
the Penal Code?
(a) Yes because the offence is committed India
(b) Yes, because he is a citizen of India
(c) No because he was not in India at the time of the commission of the offences and
hence Indian Courts do not have any jurisdiction on him
(d) Both (i) and (ii)
52. Which of the following is true with regard to intra-territorial operation of Penal Code:
 (a) Foreign individuals in India are not liable for any offences they may commit in
India
(b) The determining factor for applicability of intra-territorial operation of the
Penal Code is the locality of crime
(c) An Indian committing an offence outside India is covered by intra-territorial
operation of the Penal Code
(d) None of the above
53. A and B are citizens of USA, travelling on an aircraft registered in India. While aboard,
A steals a gold ornament belonging to B. Can A be prosecuted by Indian Courts under
the Penal Code?
(a) No, because he is not a citizen of India
(b) Yes, because the victim of the crime is India
(c) Yes, because he is on an aircraft registered in India
(d) None of the above
54. In order to attribute criminal intention and liability of individuals to company, which of
the following conditions are required to be fulfilled?
(a) The person or person actually committing the offence have deep control over the
Company
(b) The acts were committed in relation to the business of the company
(c) Only if the act is expressly authorised by the Company
(d) Both (a) and (b)
55. Who amongst the following stressed upon the role of the state to distinguish criminal
wrong from a civil wrong
(a) Blackstone
(b) John Austin
(c) Sergeant Stephen
(d) None of the above
56. Who among the following is not a public servant as is defined under the Indian Penal
Code:
(a) A Sessions Judge
(b) An assessor appointed by a Court
(c) A liquidator appointed by a Court or Tribunal
(d) An arbitrator appointed by private parties
57. Where an act is designated illegal, it means that such an act is:
 (a) An offence
(b) Prohibited by law
(c) Such as to furnish a ground for civil action
(d) All of the above
58. Which of the following statements is not true with respect to section 34:
(a) The persons accused of an offence together under section 34 must have entered
into a detailed agreement in order for section 34 to apply
(b) A prior meeting of minds is necessary for application of the section
(c) There must be two or more persons in order for the application of the section
(d) The presence of the person at the scene of occurrence is not compulsory if he has
otherwise participated
59. Which of the following is true with regard to the defence under section 76 and 79:
(a) The mistaken belief must be bona fide
(b) It permits a mistake as to a notification having force of law
(c) It cannot justify the following the orders of a superior officer by his subordinate
(d) None of the above
60. Which of the following are important forms of mens rea under the Indian Penal Code:
(a) Negligence
(b) Knowledge
(c) Recklessness
(d) All of the above
61. Which of the following schools of punishment views punishment as an end itself:
(a) Retributive School
(b) Deterrent School
(c) Reformative School
(d) All of the above
62. Which of the following is true with regard to the right to private defence:
(a) The right is absolute and without any restriction thereon
(b) The right is not available against a person who is minor, even if such minor is
threatening the death of person
(c) Where the right cannot be exercised without running risk of causing harm to
innocent persons, the right extends to even running such risk
(d) The right is available only as regards one’s own person and property
63. A Criminal Conspiracy is an Agreement between two or more people to commit an
offence:
(a) True
(b) Partly true
(c) False
(d) None of the above
64. In which of the following cases, is an act or illegal omission is not required to convict a
person for Criminal Conspiracy
(a) In case of an agreement to commit an offence
(b) In case of an agreement to commit a legal act through illegal means
(c) In all cases
(d) None of the above
65. Which of the following is not a substantive offence:
(a) Section 34
(b) Section 109
(c) Section 120B
(d) None of the above
66. A, B and C go to kill D. A and B beat D with an intention to kill him while C stands
guard outside the house to prevent anyone from coming to the rescue. Whether C is liable:
(a) He is not liable because he did not kill D
(b) He is not liable as he was not present at the scene of occurrence of the crimes
(c) He is liable as he shares common intention and has participated in action
(d) He is liable as he has intention to kill D
67. Which of the following is not a punishment prescribed under the Penal Code:
(a) Simple Imprisonment
(b) Rigorous Imprisonment
(c) Transportation for life
(d) All of the above
68. Which of the following is a term used for mens rea under the Penal Code
(a) Voluntarily
(b) Fraudulently
(c) Wantonly
(d) All of the above
69. Section 34 of the Code:
 (a) Enacts a rule of law
(b) Enacts a substantive offence
(c) Defines a substantive offence
(d) All of the above
70. Section 114 of the Code:
(a) Defines a substantive offence
(b) Enacts a rule of evidence
(c) Creates a substantive offence
(d) All of the above
71. Ignorentia juris non excusat means:
(a) Ignorance of law is an excuse
(b) Ignorance of law is not an excuse
(c) Ignorance of rights is not an excuse
(d) Ignorance of law is not a crime
72. Which of the following sections enact Ignorentia factum excusat:
(a) Section 76
(b) Section 79
(c) Both (a) and (b)
(d) None of the abovce
73. Which of the following sections protect innocent bona fide judicial acts:
(a) Section 76
(b) Section 77
(c) Section 78
(d) Section 79
74. Which of the following sections protect innocent bona fide actions of the officers of
Courts of Law:
(a) Section 76
(b) Section 77
(c) Section 78
(d) Section 79
75. Under Section 81, where a harm is caused to prevent a other harm, the other harm so
referred means:
(a) Harm to property
(b) Harm to body
 (c) Both (a) and (b)
(d) Neither (a) nor (b)
76. Fill in the blanks: A child under the age of _______ of age is deemed to be _______ and
given _______ immunity:
(a) Six years; doli capax; conditional
(b) Twelve years; doli incapax; absolute
(c) Eight years; doli capax; limited
(d) Seven years; doli incapax; absolute
77. The maxim actus non facit reum nisi mens sit rea means:
(a) Nothing is an offence unless done with a guilty mind
(b) A crime always results in a guilty mind
(c) A guilty mind in itself is punishable
(d) None of the aboe
78. Which of the following is a defence under section 84:
(a) Medical insanity
(b) Legal insanity
(c) Both (a) and (b)
(d) None of the above
79. Under the Code, in which of the following causes, the defence of consent does not apply:
(a) Acts likely to cause grievous hurt
(b) Acts likely to cause death
(c) Acts which are offence independently of the harm consented to
(d) None of the above
80. Which of the following is presumed in cases of voluntary intoxication:
(a) Knowledge
(b) Intention
(c) Both (a) and (b)
(d) Neither (a) nor (b)
81. In cases of intoxication, the degeneration of mental faculties and capacity:
(a) Must be such as to render him immobile
(b) Must be such as to render him incapable of knowing the nature of the act
(c) Both (a) and (b)
(d) Either (a) or (b)
82. In order to claim benefit of section 84, the person must be suffering from unsoundness
of mind:
(a) At the time of the trial
(b) At the time of commission of the offence
(c) At the time of conviction
(d) All of the above
83. In which of the following cases, the right to private defence extends to causing death:
(a) House Breaking
(b) Theft
(c) Mischief on a warehouse by setting it to fire
(d) House-trespass
84. When is the offence of abetment committed:
(a) When the abettor instigates even if the offence is not committed
(b) When an act or illegal omission takes place in pursuance of the conspiracy
(c) When the offence aided is actually committed due to the facilitation given by the
abettor
(d) All of the above
85. In which of the following cases, participation of five or more persons is required to secure
conviction:
(a) Unlawful Assembly
(b) Rioting
(c) Neither (a) nor (b)
(d) Both (a) and (b)
86. In order for a person to be liable for an offence under section 149, which of the following
is required:
(a) Participation of the accused in the offence
(b) Some overt act on behalf of the accused
(c) Neither (a) nor (b)
(d) Both (a) and (b)
87. Which of the following offence can happen only in a public place:
(a) Rioting
(b) Affray
(c) Unlawful Assembly
(d) All of the above
88. Which of the following is not true with respect to death penalty
(a) Death penalty can be imposed only in the rarest of the rare cases
(b) The Court is required to take into consideration both the aggravating and mitigating
circumstances while deciding upon the death penalty
(c) It is only the considerations of crime to the exclusion of the considerations of
criminal which are germane for consideration of the Court while deciding
whether to impose death penalty
(d) None of the above
89. In which of the following cases, the Court observed that death penalty should be imposed
only in the rarest of rare cases:
(a) Jagmohan v. State of U.P.
(b) Rajendra Prasad v. State of U.P.
(c) Bachan Singh v. State of Punjab
(d) All of the above
90. Which of the following is true with regard to section 83:
(a) It accords an absolute immunity to all children under the age of 16 years
(b) It applies only where the child is above the age of 7 years but still under the age of
14 years
(c) Immunity thereunder is conditional on the child not having sufficient maturity
(d) None of the above
91. Which of the following is not an important requirement for conviction of an offence
under section 149:
(a) The offence must have been committed by a member of the unlawful assembly
(b) There must be a common intention to commit the offence in question
(c) The offence is committed in prosecution of the common object
(d) The offence is likely to be committed in prosecution of the common object
92. Where a person has committed an act abetted without knowledge or intention which
would make it an offence, the abettor is:
(a) Not liable because the abetted person is innocent
(b) Not liable because the act was innocent
(c) Liable because if the abetted person had committed the act with the intention
and knowledge of the abetter, he would be liable
(d) None of the above
93. Which of the following is not true with respect to abetment:
 (a) Abetment of abetment is not an offence
(b) Abetment is a substantive offence
(c) Abetment by instigation is punishable even if the offence is not committed
(d) All of the above
94. In which of the following cases, abetment is not punishable till the offence abetted is
actually committed:
(a) Instigation
(b) Conspiracy
(c) Intentional Aid
(d) All of the above
95. When does conspiracy to commit an offence amount to abetment:
(a) When at least five people become members of the conspiracy
(b) When some act or illegal omission is committed in pursuance of the agreement
(c) When the offence is actually committed
(d) All of the above
96. Which of the following section provides for the operation of the Penal Code with respect
to acts committed by Indian citizens beyond India:
(a) Section 1
(b) Section 2
(c) Section 3
(d) Section 4
97. A police constable using force to disperse an unlawful assembly is protected under which
of the following sections:
(a) Section 143
(b) Section 145
(c) Section 151
(d) Section 76
98. Which of the following is an excusatory defence:
(a) Acts committed in exercise of right private defence
(b) Acts committed due to Necessity
(c) Judicial Acts
(d) Accident
99. There is a rebuttable presumption in every case that the accused is sane at the time of
commission of the offence:
 (a) True
(b) Partly True
(c) False
(d) None of the above
100. An Agreement to commit nuisance is a Criminal Conspiracy:
(a) True
(b) Partly True
(c) False
(d) None of the above

101. 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.

102. How many types of punishment have been prescribed under the Indian Penal Code:
(a) Three
(b) Six
(c) Five
(d) Four
103. 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.
104. 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.
105. Match List-I (Case) with List-II (Subject) and select the correct answer using the codes
given below the lists:
List I (Case) List II (Subject)
 A. Kehar Singh Vs. Delhi Administration 1. Right of
Private Defence
B. Nawab Ali Vs. State of U.P. 2. Criminal
Conspiracy
C. Vishwanath Vs. State of U.P. 3. Common
Intention
D. Mahbub Shah Vs. Emperor 4. Common Object
5. Mistake of Fact.
Codes:
ABCD
(a) 2 4 1 3
(b) 3 1 5 2
(c) 3 4 1 2
(d) 2 1 5 3
106. 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.
107. 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.
108. 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.
109. 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
110. 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).
111. 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.
112. 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.
113. 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.
114. 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
115. 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.
116. Under section 65 of IPC sentence of imprisonment for non-payment of fine shall be
limited to
(a) One third of the maximum term of imprisonment fixed for the offence.
(b) One-fourth of the maximum term of imprisonment fixed for the offence.
(c) One-half of the maximum term of imprisonment fixed for the offence.
(d) None.
Ans.(b)
117. Imprisonment for non-payment of fine shall terminate
(a) On payment of fine.
(b) On expiry of the term of imprisonment for non-payment.
(c) Both (a) and (b)
(d) None.
118. X is a good swimmer He finds Y, a child of seven years of age, drowning in a canal.
He could have saved the child but did not do so. The child is drowned, X is guilty of:
(a) No offence
(b) Murder
(c) Abetment of suicide
(d) Culpable homicide not amounting to murder.
119. A person who commits an offence in a state of voluntary intoxication shall be liable to
be dealt with as if he had:
 (a) The same intention as he would have had if he had not been intoxicated.
(b) The same knowledge as he would have had if he had not been intoxicated.
(c) The same intention and knowledge as he would have had if he had not been
intoxicated.
(d) Not the same intention and knowledge as he would have had if he had not been
intoxicated.
120. A met with an accident and became unconscious. He was taken to the hospital by the
police and there was none of identify him. The surgeon performed an operation on him to
save him but A died. The police prosecuted the surgeon for murder on a complaint by A’s
relative. Since it was an act done in:
(a) Good faith no offence was committed.
(b) Good faith done for the benefit of the deceased, on offence was committed.
(c) Good faith and for the benefit of A, and it was impossible to get consent in time,
the surgeon is not liable.
(d) Saving the life and under professional ethics, he is not liable.
121. What is the age of a child if he is to be exempted from criminal liability?
(a) Below 10 years
(b) Below 7 years
(c) Below 6 years
(d) Below 12 years.
122. Defence of Insanity is developed on which of the following?
(a) Automatism
(b) Mc. Naughten’s Rules
(c) Irresistible impulse
(d) Equivocality test.
123. Section 76 and Section 79 of IPC provide the general exception of:
(a) Mistake of law
(b) Mistake of fact
(c) Both mistake of law and fact
(d) Either mistake of law or of fact.
124. A hangman who hangs the prisoners pursuant to the order of the court is exempt from
criminal liability by virtue of:
(a) Section 76 of IPC
(b) Section 78 of IPC
 (c) Section 77 of IPC
(d) Section 80 of IPC
125. Voluntary intoxication:
(a) Makes an offence more serious or increase the gravity of an offence.
(b) Is a weak defence to a criminal charge
(c) Is no excuse for the commission of an offence
(d) Reduces the gravity of all the offences.
126. Which is correct:
(a) The right of private defence is available only to adults
(b) The right of private defence is available only to those who are capable of to
lawfully commit crime.
(c) The right of private defence is available only to the public servants
(d) The right of private defence is available to all, irrespective of age and capacity.
127. Section 84 of IPC provides for
(a) Medical insanity
(b) Legal insanity
(c) Moral insanity
(d) None.
128. The defence of consent applies to
(a) Private wrongs
(b) Public wrongs
(c) Both (a) and (b)
(d) None.
129. The right of private defence is contained in
(a) Section 94 of IPC
(b) Section 95 of IPC
(c) Section 96 of IPC
(d) None
130. Right to private defence is:
(a) Available under all circumstances
(b) Available where there is time to have the resource to the protection of public
authorities
(c) Available where there is not time to have resource to the protection of public
authorities
 (d) None.
131. Right to private defence of the body extends to causing death has been dealt with under:
(a) Section 100 of IPC
(b) Section 101 of IPC
(c) Section 102 of IPC
(d) None.
132. The extent to which the right of private defence of body causing death can be exercising
is laid down in
(a) Section 100 of IPC
(b) Section 95 of IPC
(c) Section 99 of IPC
(d) None.
133. Sec. 76 says -- Nothing is an offence which is done by a person who is or who by reason
of:
(a) Mistake of fact believes himself to be right to do it.
(b) Mistake of fact believes himself to be bound by law to do it.
(c) Mistake of law in good faith believe himself to be bound by law to do it.
(d) Mistake of fact in good faith believes himself to be bound by law to do it.
Give incorrect response.
134. The following are essentials of defence of mistake of fact under section 76 of the Penal
Code:
(a) In mistake there must be an act done by a person who is either bound by law or
believes himself to be bound by law in doing an act.
(b) Mistake may either relate to a fact or to law.
(c) The belief must be by reason of a mistake of a fact.
(d) Belief must be a bonafide belief in good faith.
135. 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.

136. Abetment under section 107 of IPC can be constituted by

 (a) instigation
(b) conspiracy
(c) intentional aid
(d) all the above.

137. Right of private defence is not available

(a) against any act which in itself is not an offence
(b) against any act which is not legal wrong
(c) against any act which is a moral wrong
(d) all the above.
138. The right to private defence is available with respect to
(a) harm to body
(b) harm to movable property
(c) harm to immovable property
(d) all the above.
139. An affray must place in a ____________ place only.
a. Anywhere
b. Public Place
c. Private Place
d. In house

140. The law which is implemented to some part of country is called?

a. Local law
b. Special law
c. Both A and B
d. None of the above

141. Act of child under seven years

a. An offence
b. No offence
c. At times an offence
d. None of the above

142. Nothing is an offence which is done

 a. By a minister
b. By a Teacher
c. By a Godman
d. By a judge when acting judicially in the exercise of any power which is of which
he in good faith believes to be given to him by law
143. Insanity is–
(A) Lack of free will
(B) Incapacity produced due to drunkenness
(C) Incapable of knowing nature of act committed
(D) Diseased mind

144. Which one of the following is an essential ingredient of sedition?

a. Dishonest intention
b. Mala fide intention
c. Words spoken must cause public disorder by act of violence
d. Words spoken must be capable of exciting disaffection towards the
Government.
145. A instigate B to kidnap son of D. B instigate Z to do so and Z kidnaps.
a. Only B is guilty of abetting Z
b. Only A is guilty of abetment
c. Both A and B are guilty of abetment.
d. None of these.
146. A person will not be liable for any act if he acts in good faith believing himself to be
bound by law to do it, by reason of
a. Mistake of fact
b. Mistake of law
c. Mistake of fact and law
d. Mistake of fact or law
147. According to McNaughten’s dictum, ‘legal insanity’ is completely different from
‘medical insanity’. This is related to the
a. Total loss of cognitive faculties
b. Total loss of conative faculties
c. Congenital insanity
d. None of the above
148. Good faith within the meaning of the IPC means
a. An act done with due care and attention
b. An actual belief that the act done is not contrary to law
c. An act, in fact done honestly
d. An act done under bona fide belief.
149. Criminal Conspiracy is an agreement between two or more persons to
a. Do or cause to be done an illegal act
b. Do or cause to be done an illegal act, an act which is not illegal by illegal means
c. Do or cause to be done an act which is illegal by illegal means
d. Commit an offence.
150. The onus of proving exception lies on the
a. Prosecution
b. Accused
c. Prosecution in certain cases & accused in other cases
d. None of the above.
ANSWER KEY
1. d 39. c 77. a 115. b
2. d 40. d 78. b 116. b
3. b 41. d 79. c 117. c
4. a 42. a 80. b 118. a
5. c 43. b 81. b 119. b
6. b 44. a 82. b 120. c
7. d 45. b 83. c 121. b
8. c 46. a 84. d 122. b
9. c 47. d 85. d 123. b
10. a 48. c 86. c 124. b
11. a 49. c 87. b 125. c
12. a 50. a 88. c 126. d
13. d 51. b 89. c 127. b
14. c 52. b 90. c 128. a
15. b 53. c 91. b 129. c
16. b 54. d 92. a 130. c
17. b 55. b 93. a 131. a
18. c 56. d 94. c 132. a
19. a 57. d 95. b 133. d
20. d 58. a 96. c 134. b
21. a 59. a 97. d 135. c
22. a 60. d 98. d 136. d
23. c 61. a 99. a 137. d
24. b 62. c 100. a 138. d
25. b 63. b 101. a 139. b
26. d 64. a 102. c 140. a
27. c 65. a 103. d 141. b
28. c 66. c 104. b 142. d
29. a 67. c 105. a 143. d
30. a 68. d 106. c 144. d
31. b 69. a 107. d 145. c
32. a 70. b 108. b 146. a
33. b 71. b 109. c 147. a
34. b 72. c 110. b 148. a
35. a 73. b 111. c 149. b
36. a 74. c 112. a 150. b
37. a 75. c 113. b
38. c 76. d 114. a