4 « INTRODUCTION, NATURE AND ESSENTIAL Extent, commencement & applicability Which one of the following is the date of ‘enforcement of the Indian Penal Code, 1860? (b)_ July 1, 1860 © January 1, 1861 (@), January 1, 1862 Ans. (d) [UP. CJ 2006, Chhat ADPO 2008, UJS 2002, CJS 2016, [Link] 2011] 2 Section 1 of Indian Penal Code deals with @) January 1, 1860 {@) definition of crime (b) title and extent of operation of the Code © title and jurisdiction of the code (@) None of the above Ans. (b) 3. Who prepared the first draft of Indian Penal Code [Bihar APO 2010] () Stephen (4) Macaulay [Bihar HJS 2020,UJS 2013, AJS 2017, UP. HJS 2012, TYS 2015, OJS 2016] 4. The draft of the Indian Penal Code was prepared by @) First Law Commission @ Canning, (© Bentinck Ans. (d) (b) Second Law Commission (© Third Law Commission (@) Sixteenth Law Commission Ans. (a) [[Link]. 2019] Indian Penal Code, 1860 § OF CRIME E) ‘To which of the following is Indian Penal Code not applicable ? f@) State of J & K () A foreigner committing ‘committed on Indian Aircraft flying over ‘offence in India © Offence territory of Japan (@) A foreigner commiting o of India Ans. (") [CJs 2016) ffence in tertitonal water Tote: After coming into force of J & K Reorganiza tion Act,2019 we 31-10-2019, the Indian Penal Code shall extend to whole of India. z 5. The Preamble of the Indian Penal Code, 1860 aims 9, to provide a (@) Comprehensive penal code (©) General penal code © Exclusive penal code (@) None of these Ans. (b) [Pys 2019] Whether Indian Penal Code, 1860 applies to an offence committed by a citizen of India outside India? @ Yes (b) No (© If the offence is associated and has nexus with another offence committed in India. (@ Only if there is a mutual treaty between India and the country in which the offence was committed. ‘Ans. (a) [DJs 2018} A! who is a citizen of India commits murder in Uganda. He is arrested in Delhi. He can be tried and convicted of murder— @) Only in Uganda () Only in that country of which the deceased was a citizen (© Inany one of the above (@ In Delhi Ans. (4) IMP. C] 2001, [Link] 2009] ‘A! who isa citizen of India, commits a murderin England. He is found in Indore and arrested accordingly. Where can'A' be tried ? (@) at New Delhi, the capital of India (b) at Bhopal, the capital of M.P. © atIndore, where he was found (@) atany place in India a2) [[Link] 2008] pe Samarth Agrawal BooksIndian Penal Code, 1860 ae Spanish citizen, who was residing in Paris, instigated the commission of an offence which in consequentce was committed in India, He {) isbableas the offence was committed in India (isla since the Indian Penal Code also extends oextn-terstorial acts can be held liable because the offence was to be © committed in India (4) cannot beheld lable because instigation was nor given on Indian territory Ans. (a) [RJS 2011] 11, The provisions of Penal Code apply to any offence committed by: {@) any person in any place not within India (b) person who is above twenty one years. {@ person who is above eighteen years (@ any citizen of India in any place without and beyond India. Ans. (d) 12. Read the following Indian Courts have jurisdiction to try crime committed by an Indian in a foreign country 2. Indian Courts do not have jurisdiction to try crime ‘committed by a foreigner in India of the above (@) (1)is true but (2) is false (©) (1)is false bur (2) is true (©) Both (1) & (2) are true (@) Both (1) & (2) are false ‘Ans. (a) 13. Under which of the following situations would the Indian courts have jurisdiction ? +1, Crime committed by an Indian in a foreign country [Mah. CJ 2021] - [U.P. APO 2015] 2. Crime committed by a foreigner in India 3, Crime committed by a person on an Indian ship Codes : @) land 2 (b) 1and3 "© 2only (@ 1,2and3 ‘Ans. (d) Cj 20191 ‘1 4\ The Criminal Law (Amendment) Act, 2018 came ito force from— 11 August, 2018, (b) 21 Apsil, 2018 1September,2018 (d)_1July, 2018 b) [U.P. APO 2019,U.P. CJ 2018) ‘Samarth Agrawal Books Ingredients of Crime Essential ingredients ofa crime are: 2) Actus rens and mens rea (b) Actus reus, mens rea and motive (0. Motive, intention and knowledge (@) Knowledge, intention and action Ans.(a) [Chat ADPO 2006, M.P. APO 2009, HLP. JS 2015] 2 Which one of the following is not essential for an offence? (@) Intention (©) Prohibited act Ans. (6) HLP. JS. 2007, UJS 2002, U. (b) Motive (@) Punishment for act [M.P. APO 2003, U.P. APO 2002, 2, CJ 2003, 2006] 3. Which of the following is normally an essential element of Crime? (b) Actus Reus (d) Will [U-P. Lower 2009, H.P. JS 2014] @) Volition © Motive Ans. (b) 4, Actus reus is that result of human conduct which the law secks to prohibit. This definition was given. by: (a) Glanville Williams (b)_ Kenny © Blackstone (@) Russell Ans. (b) [[Link] 2020] 5. Crime which do not require intention, reckless- ness or even negligence as to one or more ele- ments in the actus reus are known a8 — (@) Viearious liability (b) Strict liability (4) Force majeure [OJs 2013] © Act of God ‘Ans. (b) 6 The maxim actus non facit reum nisi mens sit rea means (a) common intention (b) group liability © guilty state of mind in crime (d) wrongful motive ‘Ans. (©) [PJS 2012] 7. Crime is a- (a) Private Wrong (b) Public Wrong © G Ans. (b) (d)_ None of the above [AJs 2015] Wrong —————=——————————————_IEE Ee eT ee ©) itisastatewrong — (&) itis civil wrong (€) none of above fHys 2011) Mactus non facit reum nisi mens sit reais a catdi- nal Principle of criminal Jaw, then which one of the following statements correctly reflects the above principle ? © itisa private wrong Ans. (a) % 14. (@) Mens rea is an essential clement of a crime and there cannot be a crime without mens rea (b) Criminal liablity under Indian law always implies mens rea © To constitute a crime, there must be actus reus and mens rea (@) Actus teas in not always necessary to constitute a crime Ans. (c) CJ 2019 10. Which of the following maxims is related to Mens-rea? (A) Autre fois acquit and Autrefois convict (b) Adctus non facit reum nisi mens sit rea (© Nulla poena sine lege, Nullum Crimen sine lege (d) Nemo debect bis punivi pro uno delicto Ans. (b) {U.P PCs 2011) 8. With reference to Crime response the following— 13, "It is the maxim older than the law of Englang 5. Indian Penal Code, 1860 that no manis guilty unless his mind is guity.» 6." aa ta he ee UL The principle oferiminalliabilty-‘acvus nonfacie 1S "H€verystatute'mens reais tobe implied unless reum nisi mens sit rea’ was developed and adopted by- @) The Equity Courts ] (b) The Indian Courts © The Common Law Courts (d) None of these Ans. (c) (LPS. 2011] 12. Actus non facit reum nisi mens sit rea implies that: (a) mere act or illegal omission on the part of the accused makes him liable under criminal law (b) mere guilty mind coupled with motive behind the crime makes the accused liable under the criminal law (© guilty mind of the accused coupled with desire to give effect to the guilty mind is sufficient to make the accused liable under the criminal law (d) no act per se is criminal unless accompanied by guilty mind Ans. (d) {DAPP 2010] ‘i the followi Inwhichof e rea’ is NOT applicab (@) Theft it was observed by Lord Arbinger in (6) Public msisnee (@) Harding » Price ) ReAliday \ ‘Ans. (©) (© Re Fowler (@)_Brend ». Wood \ . Which one ofthe f Ans. (b) (WP. Pes 201) rea? @ tthe Mens reais— \ ; 7 d ) Queen v. Tolse aie © Shervas ». De (b) Proved fact ae (© Intention of the law maker eg) (@ Measuring mind en of 8 ‘Ans. (a) TAJS 2012), ‘Actus Reus? ' Actus me invito factus non est mens actus’ means {@) ‘Though (@) the act itself does not make a man guilty unless (b) Result his intentions were so @ Circus (b) anactdone by me against my willis not my actat \ @ Cont “ \ Ans. (a) © the intent and the act both must concur to \ D. The fc constitute crime aa (@) none of the above @¢ Ans. (b) {Os 2011) &) ¢ ©} contrary is shown." ® This view was expressed in:-— Ar @) Sherras ». De-Ructzen Zs, (b) Re Dudley and Stephen (© Harding». Price \ (@) Ro Prince Ans.(a) (U.P. C} 2006, 2012, Jar APP 2012) M1. For which of the following offences, mens reais Not arequisite ? \ @) Kidnapping (b) Robbery © Trespass (@)_ None of the above Ans. (a) (HYS 208) 18. In which of the following offences, guilty inte \ tionis notan essential element? (a) Murder be) The | © Robbery @ Bigamy | Ans. (d) urg 293 UP. AgO2015] i i. a Samarth Agrawal Books a TEI| Indian Penal Code, 1860 nich ofthe following cases, doctrine of Mens . leis NOT applicable? ip Teel (b) Murder (0 Public muisance (4) Thug an [[Link]. 2019} rhich one of the following is not sclated to Mens 235. “An act i : act committed or omitted in violation of a Public law forbidding or commanding itis crime.” Tthas been said by: a) Stephe: (a) Stephen (b) William Blackstone (© Henry Maine (a) Kenny 2 Ans, - Ra Prince 6. * : (LP J82015] @ ae - ‘An act forbidden by law and which is at the same (bo) Quen » Tolson time revolting to the moral sentiments of the © Shernas m De Rutzen society, is called crime." @ Barendra Kumar Ghosh v. Emperor Itis said by ‘Ans. (d) [UJs 2009] (@) Keeton (b) Austin | Which of the following does not form part of © Stephen io hers Revs? (d) Paton (@) Thought of conduct =A [UP Lower 2009] (0) Result of conduct 27. “Inorder thatan Act should be punishable it must (9, Gieeumstancesas are specified by law be morally blameworthy. It must bea sin". Which y of the following made this observation? (@ Conduct 6 [0ys 2014 (@) Salmond (b) Justice Krishna lyer ‘The following principle is least relevant for (© Lord Denning (4) Stephen criminal liability : Ans. (c) [[Link] 2009] (@) Causation 28. ‘Qui facit per alium per se’ is the essence of one of (b) Contemporaneity the following principles of criminal liability- (© Novus actus intervenions (@) Joint Criminal Liability (@) Motive (b) Vicarious liability Ans. (d) [LB JS 2020] (©. Corporate criminal liability . The cardinal principle of Criminal law Nul/um 2 crimen nulla poena sine lege means (A) Strict ability @) No crime or punishment can exist without a pre- Ans. (b) [OJs 2013] existing penal law. 29. Insome cases a crime is constituted even though (b) Aman is presumed to be innocent untill proven the actis not done with guilty intention. These are guilty. cases of © Ignorance of law is no excuse. (a) Vicarious liability (b) Liability of State (@) Anact must be accompanied by a criminal intent (© Sic abity (2) Joint ability to constitute an offence. : a [Hys 2015] ‘Ans. (c) [Bihar HJS 2020] According to eg crime is a violation of 30. Successful prosecution under criminal law public rights and duties due to the whole coment means:— nity”. (a) acquittal of the accused @) Sir William Blackstone (b) discharge of the accused Ot Caan (© conviction of the accused Seen (¢) punishment to the accused (@) Sir Russell Ans. (a) [OJs 2013] ‘Ans. (c) [M.P. APO 2009] Samarth Agrawal Books 345Indian Penal Code, 1860 31. Which of the following is correct sequence of stage ina crime ? (@) Intention, Attempt, Accomplishment, Preparation (b) Intention, Preparation, Attempt, Accomplish ment (© Preparation, Intention Attempt, Accomplishment (d) Preparation, Motive, Attempt and Accomplish- ment Ans. (b) [PJs 2017] 32. Preparation of which of the following offences is punishable 1. Waging war against India 2. Sedition 3. Murder 33. 4, Dacoity (a) 1,2and4 (b) 1,2and3 (© 1and2 () land 4 Ans. (d) IMP. CJ 2024 Under Indian Penal Code, 1860, which of 4, following is not a punishable offence? (a) Making preparation to commit murder. (b) Making preparation to commit dacoity (© Making preparation of waging war against the Government of India. (@) Making preparation to commit depredation o, territories of power at peace with the Governmen, of India. ‘Ans. (a) ERJS 2021) GENERAL EXPLANATIONS 1. ‘Man’ is defined in— @) Section 13 of the IPC © Section 11 of the IPC (a). Section 10of the IPC (b) Section 9 of the IPC Ans. (d) [Bihar APO 2012] 2 Under section 10 of IPC "Man" denotes a male human being of — (@ 16years (b) 18years © 21 years (@) any age Ans. (d) [Chhat ADPO 2008] 3. In IPC the word 'Woman' denotes to:— (@) a female above the age of fifte years (b) a female above the age of eighteen years © a female above the age of twenty one years (@) a female of any age including newly born female child Ans.(d)_—_ [M.P. APO 2008,M.P. CJ 2011, 2017] 4. The word 'person' under Section 11 of the Indian Penal Code denotes (@) only male human being, (b) includes a company or association of or body of persons, whether incorporated or not. © only female human being (@) only Government companies, Ans. (b) [DHJs 2020] [Sections 6-52A] 5 Homicide cannot be defined as killing ofa person by a person in view of the nature of the definition of the word ‘person’ in {@) Section 13 of the Indian Penal Code (0) Section 11 of the Indian Penal Code © Section 9 of the Indian Penal Code (@) Section 7 of the Indian Penal Code Ans. (b) UJS 2015) Which of the following person is not a judge as defined in Section 19 of Indian Penal Code? (@) A Magistrate exercising jurisdiction in respect of charge on which he has power only to commit for trial to another Court (b) A Collector exercising jurisdiction in a suit under Act 10 of 1859, © A Magistrate exercising jurisdiction in respect of charge on which he has power to sentence to fine or imprisonment, with or without appeal. (2) None of these Ans. (a) [M.P. HJS 2020] Under Section 13 of Indian Penal Code, 1860, definition of ‘Queen! was repealed by— @) Adaptation Order 1937 (b) Adaptation Order 1950 © Adaptation Order 1938 (@) Adaptation Order 1951 Ans. (b) [RYs 2021] 346 Samarth Agrawal Books RNIndian Penal Code, 1860 Pesart of Justice " is defined in LPC, under ; seca? (b) Section 18 (d) Section 20 (OK. CJ 2021, U.P. APO 2015, MP. Cj2022} jg which section of IPC, "public servant’ is 0 Section 19 ans (2) I defined? @ section 14 © Section 21 (b) Section 20 (@) Section 24 [Raj HJS 2012, Raj APO 2006, AP. &N. JS 2015] 1d “Public servant” denotes. A person fall- ans. (0) The wo ing under — ¢@ Acommissioned offcerin the mitary ® Every judge empowered by law to do any adjudi- catory functions (0, Every officer of court of justice (@ Allthe above ‘Ans. (d) Who among the following is not a public servant? [CJS 2019] @ Chief Minister of a State (6) Chairman of the Central Board of Film Censors (© Surveyor of an Insurance Company @) Employee of a 'Nationalized Bank’ Ans. (c) [U.P. APO 2009] 12. One of the following is not a public servant— (@ Liquidator (b) A Civil Judge (©. Member of a Panchayat assisting a court of ustice (@ Secretary ofa Co-operative society ‘Ans. (4) [UJS.2002, AJS 2011, HS 2011, 2013] 13. Who among of the following is not a "public 4. 1 twas held that a Chief Minister or a Minister is in the pay of the Government Servant within the IPCin the case and, therefore, public meaning of Section 21(12) of (@) Karumanidbi s. Union of India (b) Keshuanand » State of Kerala © Kaban Singh » Union of India (A) Jayalaithav, State of Tamil Nadu Ans. 8 (a) [Hs 2011) \ 15. 'Movable property’ under IPC is defined in: @) Section 21 (b) Section 22 © Section 23 @ Ans. (b) (U.K. CJ 2021, Raj APP 2007] 16. The definition of movable propery under section 2of the Indian Penal Code, 1860 excludes (@) Land (b) Things attached to the earth © Things permanently fastened to anything which is attached to the earth (d) All of the above Ans. (d) (U.P. HJs 2014] 17. Wrongful gain' and ‘wrongful loss’ have been defined under Indian Penal Code, 1860 in (@) Section 22 (b) Section 23 (© Section 24 Ans. (b) 18. ‘Wrongful gain’ means @) Gain by lawful means of property which the per son gaining is not entitled Section 24 (@) Section 27 [UJS 2018, U.P. CJ 2006} (6) Gain by unlawful means of property which the person gaining is not entitled (© Gain by unlawful means of property which the person gaining is entitled (@) Allthe above Ans. (b) [TJs 2013] cervant"' asccording to Section 21 of the Indian 49, Whenaperson gains something by unlawful means Penal Code 1860 (@) Chief Minister and Prime Minister (b) Judge and Magistrate (© Government servant appointed on deputation (@) Principal of Government college [Raj APP 2011] towhich he is not legally entitled it is — (@) cheating (b) wrongful gain © fraud (@) eausing injury whichis likely to cause death Ans. (b) [M.P. CJ 2012, A-P. & N. JS 2017] Ans. (d) Samarth Agrawal Books ee2 1. Indian Penal Code, 1860 oe © Evidence Act 20. Whoever does anything with the intention “yaaa Peal Code causing wrongful gain to one person or wrongful @ IMP. Hys loss to another person is said to do that thing: Ans. (4) | cere @ Fraudulendly (b) Dishonestly an. The word "Valuable Security is defined in India, (©) Wrongfully (@) Mischievously Penal Code under i Ans. (b) [Js 2021, CJS 2016] (@) Section 28 () Section 29 ‘Dishonestly’ has been defined as doing anything © Section 30 (@) Section 31 with intention to cause wrongful gain to one per Hans: (0) [[Link], 2619) son & wrongful loss to another, under— 2s, Whatis acheque upon a banker under the Indy (@ Section 21 of IPC (b) Section of PC Bs Code? © Section 240f1PC —— (d) Section 25 as @) Document (b) Counterfeit Ans. (TJS 2013, AJS 201: #0) ISA (@ Vablesecurty (2) None ofthese Word 'Dishonestly' as defined in section 24 of IPC (ux: means: Ans. (c) ota (@) With the intention of causing wrongful gain © 29, Which one ofthe following sections of the Indian cae poaee Penal Code, 1860 defines the word 'Act'? (b) With the intention of causing wrongful loss to (@) Section 32 (b) Section 33, another person @ Section 23 (d) Section 24 (© With the intention of causing wrongful gain to ‘Aan. (6) [Bihar APO 2020, U.P. CJ 2015] one person and with the intention of causing : ‘ : swogfl loos 10 axcntae pease 30. Under which one of the following section of Indian Penal Code, the principle of joint criminal (a) Allof the above are true liability’ is applicable ? Ans. (d) (MP. CJ 2012] A : : i i @) Section 36 (b) Section 39 ‘Counterfeit’ under LLP.C. is defined in 5 @ saat ) Stee © Section 34 (@) Section 40 © Section 29 (@ Section 27 poe) (oe abo 20] fas 16) [Raj APP 2006) 3 Which one of the following Sections of the In- Which one of the following pairs is correctly ee at eb (@) Section 39 (b) Section 38 (a) Counterfeit Section 28 © Section 37 @) Section 36 (b) Valuable security Section 29 Ans. (a) [UJs 2018} (© Document Section 30 32. "Offence" is defined under-— (d) Omission Section 31 (@) Section 41 of IPC (b)_Section 40 of IPC Ans. (a) [U.P Cj 2013] © Section420£1PC (a) Section 39 of IPC Electronic Record’ under IPCis defined in:— Ans.(b) [Bihar APO 2020, Chat ADPO 2008, (a) Section 29 (b) Section 294 ‘UJS 2010, H.-P. JS 2011, Jhar APP 2012, (© Section 29B (@) Section 29D HJS 2013} Ans. LK. i 7 is. (b) (u. Sean 3B. nat = the Indian Penal Code prescribes n of "Valuable security" is defined in @ Special Law Gus (@) Criminal Procedure Code ‘ © Injury (@) Harbour (b) Civil Procedure Code Ans. (a) : [U.K. Cj 2021] 43 8 Samarth Agrawal Books 3: ci ae EEEIndian Penal C, ide, 1860) wee seniser a ye every thing which is an offence The term "Harbour" @ a) Code, 1, ur" defined under Indian Penal » 1860, does not include— 0 pverything which is prohibited by law 6 BE erything which furnishes ground for ciyi] action @ Mlof the above ans. (4) (UJS 2019, Hys 2014) 0 which one of the word 'Illegal' used fe & gectio” 43 of IPCis not applicable ? a Which isan offence : Which is prohibited by law © Which furnishes a ground for civil action @ Which is immoral pO DJS 2014) Under section 44 of IPC, the term "Injury" means ay a @) illegally caused to a person in body and mind © illegally caused to a person in body and property © illegally caused to a person in body, mind, reputation ot property @ illegally caused to a person in body, mind and reputation ‘Ans.(c) (ELP.JS2015, KCJ 2015, A.P.J$2015] jn, ‘Life! is defined in Indian Penal Code under: (@) Section 44 (b) Section 45 (© Section 48 (d) Section 50 ‘Ans. (b) [U.K. CJ 2021] 38, The word 'good faith’ is defined in the Indian Penal Code in: (@) Section 44 (b) Section 51 (@) Section 52-4 [UP APO 2002, OJ5 2016] © Section 52 Ans. (c) 39. Good faith within the meaning of the Indian Penal Code means:— {@) anactdone with due care and attention (&) an actual belief thar the act done is not contrary (0 hw © anact, in fact, done honestly (@) anact done under bona fide belief : Supplying a person with shelter ) Supplying a person means of conveyance () Assisting a person to evade apprehension (@) Prior to the commission ofthe offence. facilitating the commission thereof Ans. (d) = @) [UJS 2014] Common Intention 1. Section 34 of the Indian Penal Code, 1860 (@) Creates substantive offence (b) isa rule of evidence (© both (a) and (b) (4) None of the above Ans. (b) [DJS 2019, TJS 2017, HJS 2011, U.P. CJ 2015, AJS 2011] The phrase "in furtherance of common intention ofall" used in section 34 of Indian Penal Code, is (a) in the original draft (b) added by Amending Act of 1870 (© notatall there (@) added by Amending Act of 1986 Ans. (b) [U.P. CJ 2013] 3. Under Section 34 of Indian Penal Code: (a) Physical Presenceis necessary (b) Physical Presence for participation bur notin all cases. (© Physical presence is not necessary (a) Physical presence is necessary with common knowledge. Ans. (b) Common intention means— [M.P. CJ 2018 (D] (@) Similae intention (b) Same intention (0) Sharing of intention by all persons (@ Common plans ‘Ans. () [U.P. APO 2012] Ans. (a) [UPSC CS 1999, 2001, UJS 2013] Samarth. Agrawal Books 349350 Indian Penal Code, 1860 When a criminal act is done by several persons in furtherance of common intention of all each one of them is liable: done by each one of them in singular (@) asifiew capacity (b) only for the part each one has done © for an abetment to commit the act (@) for an attempt to commit the act Ans. (a) [UPSC CS 1998, U.P. APO 2006, PJS 2009, 2010] ‘The principle of common intention applies only when (a) atleast 5 persons are involved (b) atleast 2 persons are involved (©) atleast 1 person is involred (@) none of the above Ans. (b) [Raj APP 2007, H.P. JS 2014, U.P. Lower 1998] To establish Section 34 of IPC: (a) acommon intention is to be proved but not overt act be proved (b) common intention and overt act both have to be proved (© common intention need not be proved but overt act be proved (@ all the above Ans. (b) [Chhat ADPO 2006, PJS 2011, HJS 2013, KCJ 2015, T]S 2013, AJS 2011, 2012, 2017] Which one of the following cases is a case relating to Section 34 of the Indian Penal Code? (@) KM. Nanavati » State of Mabarashtra (b) Nibarendu Dutta » King Emperor (© Barendra Kumar Ghosh 1. King Emperor (A) Dedar Nath u State of West Bengal Ans. (c) [UJS 2009] Which one of the following is not the ingredients of the Section 34 of the Indian Penal Code ? (a) Criminal act done by several person (b) In the furtherance of common intention (© Meeting of the minds of those who involved in crime (d) Similar intention of those who involved in the crime Ans. (d) [UJs 2019} of the following is not an essengi 10. or ction 34 of Indian Penal Code? (a) Ceiminal act done by sever persons, (4) Ceiminal act done in furtherance OF» comnoy intention (© rearranged plan berween Persons dog ciming act (a) Actdoneia furtherance ofa common objet Ans. (d) Rie) i 14. Inwhich one of the following cases Lord Summer said, "they also serve who stand and wait"? (@) Mahboob Shabu Emperor (b) Inder Singh » Emperor (© Barendra Kumar Ghosh Emperor (d) None of the above Ans. (C) [UJs 2014, 2013) In which case the court has held that sharing of ‘common intention could be even at the place of occurrence? (@) Barendra Kumar Ghosh » King Emperor (b) Mabboob Shab 1. King Emperor © Kripa Singh v. State of UP. (@) Rithi Deo Pandey » State of ULP. Ans. (b) Which one of the following is not an essential condition for application of Section 34 of the In- dian Penal Code? @ Criminal act done by several persons [U.K. APO 2021] (b) Criminal act must be done in furtherance of com- mon intention © Participation by all persons in some manner in the act constituting the offence (4) Criminal act done in prosecution of the common object Ans. (d) To impose joint liability under Section 34 of LRC., the prosecution needs to prove [Bihar HJS 2020] (@) intention (b) same intention © similar intention (@) common intention Ans. (d) [A-PBP. (RAF) 2010] $A RP RAH 20001 Samarth Agrawal Books[ en © NE Code, 1860 _ gne of the following brings o e wo perween Section 34 and ‘djotuenes jon 149 creates a specific offence whereas Section, 0) 4 does nt sein ja}creates a specific offence whereas Section 149 does 08 fe sector 434 as well as Section 149 create specific offences g section 34 as well as Section 149 do not create specifi offences ‘Ans: @) (JS 2016] - Mehboo? Shah v/s King Emperor is a leading case on (a) Conspiracy ommon Intention oo {@, Wrongfal Confinement (@ Common Object ‘Ans. (b) [[Link]. 2019} 7, Inwhich of the following cases the Privy Council made a distinction between ‘common intention’ and ‘similar intention’? (a) Barendra Kuoar Chesh » Emperor (b) Mahboob Shah x King Emperor (©. Sbrinivasmal Barolia x Emperor (@) Banna Mal x Emperor ‘Ans. (b) [MP. CJ 2022,M.P. APO 2003, [Link] 2015, 2019, UJS 2011, 2014, 2015, Bihar APO 2012, HJS 2015] 18, The difference between Section 34 and Section 149 of Indian Penal Code is (@) thatin Section 34, there must be a east five Pet sons, whereas in Section 149 two persons are 1 quired (b) that Section 149 is only a ‘rule ofevidence’, whereas Section 34 creates a specific offence and provides for its punishment © that Section 34 requires active participation > ac: tion, whereas Section 149 requires mere passive membership of the unlawful assembly (@ that Section 34 need not be joined withthe princi- pal offence, whereas Section 149 must be com- bined with the principal offence yey 20191 9. Whi ich One of the following recognizes the Principle of vi : carious criminal liabil Indian penal cca criminal liability under (a) Section 34 oe © ) Section 149 Boh and oi aE 2.(0) ) None of the above 2. [[Link] 2015] Which o bere following cases is not related to pet: ot jee liability based on common (@) Barendra Kumar Ghosh . Emperor ()) Mabboob Shab x Emperor (© IM. Desai v. State of Bombay (@) Regn Gorinda Ans. (d) [Uys 2002, H1.P. JS 2009] ae of the following is false of Section 34 and -ction 149 of the Indian Penal Code ? @) Section 34 does not by itself create any specific offence whereas Section 149 does so ) Some active participation in crime is required in Section 34 while itis not needed in Section 149 (© Section 34 speaks of common intention while Section 149 contemplates common object (@) Section 34 requires atleast five persons who must share the common intention while Section 149 requires at least two persons to share the com ‘mon intention Ans. (d) [GJS 2019] 2D. The difference between Section 34 and Section 149 of the Indian Penal Code is that (@) whereas in Section 34 there must be at least five persons, Section 149 requires oly two Persons (&) Section 149 is only a rule of evidence whereas Section 34 creates a specific offence (© Section 34 requires active participation in action “whereas Section 149 requires mere passive membership of the unlawful assembly (a) Both (b) and (6) Ans. (©) a5, Distinction between Sections 34 and 149 of IPC has been authoritatively expounded Py the [DJS 2014] Supreme Court in (a) State of Maharashtra M. H. Georg () Guru Deo Singh 1 State of Punjab (6 Ram Kumar» State of Haryana (@) Nanale Chand » State of Pash Ans. (4) Samarth Ageawal Books [U.P APO 2007} cee 351 3]Indian Penal Code, 7. X,ajailo 2%. The difference between Section 34 and Section 149 of Indian Penal Code is (@) that whereas is section 34 there must atleast 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 (© that section 34 requires active participation in action whereas in section 149 mere passive membership of the unlawful assembly is sufficient (4) that section 34 need not be joined with the principle offence, whereas section 149 must be combined with the principle offence Ans. (c) [[Link] 2020] 25. 'X' armed with a loaded pistol and 'Y' empty handed go to 'Z' shop in furtherance of theit common intention to commit robbery, "X' enters the shop and on being resisted in carrying away property shoots 'Z' with pistol. 'Z' dies at once. For what acts of 'X', 'Y' is liable: (@) Dacoity with murder (b) Extortion and culpable homicide not amounting to murder (© Attempt to commit robbery when armed with deadly weapon (@) Robbey and murder Ans. (d) [M.P.C] 1996] 26. Xand ¥ go to murder Z. X stood on guard with a spear in hand but did not hit Z at all. Y killed Z. In this case: (a) Only Y is liable for murder of Z (b) X and Y both are liable for murder of Z © Xisnot liable as he did not perform any overt act illegally omitting t give ' 1860 has the charge of Z 4 Prisoner. X, in. ding to cause Z's dealt illegally omits t0 sup, tending foods; in consequence of which 7 j, ply Z ve cen stccngth, but that Starvation jg ‘much a to cause his death. X is dismisseq from is office, and Ysueceeds him. Y, withoy, collusion or co-operation with X, illegally omits to supply Z with food, knowing that he i likely thereby to cause Z’S death. Z dies of hunger. What “Ui be position under Indian Penal Code, 1860 (a) Xand ¥ are guilty of Murder () Xis guilty (6 Yisguity of an atempr to commit Murder (a) Yisguily of an atempr to commit culpable ho, of an attempt to commit Murder micide ‘Ans. (b) [PJS 2017] ‘At intentionally causes 'Z's death partly by food and partly by 1A! has committed the offence of beating " {@) Culpable homicide not amounting to murder (b) Attempt to commit murder (© Murder (@ Grievous hurt Ans. (6) [[Link]. 2019] ). According to the Indian Penal which of the following conclusions would be correct? 1 ‘AY hits 'Z! fifty times with a stick if the punishment for a stoke is 1 year then 'A' will be punished with 50 years of imprisonment 2 When 'A' is hiting 'Z', 'Y' intervenes and deliberately kills "Y' as well. 'A' is liabie to one punishment for voluntarily causing hurt to'Z' and another punishment for killing 'Y". (@) Both @) and (©) are comrect (@) Both 1 and 2 (b) Only 1 Ans. (b) [M.P. APO 2010, M.P. CJ 2006, © Only2 ‘TJS 2015, 2017, U.P. HJS 2009] 2 © ? ae a 3 PUNISHMENTS [Sections 53-75] 1. How many kinds of punishment are provided in © Five Section 53 of the Indian Penal Code, 1860? (a) Seven (a) Six Ans. (c) [U.K. CJ 2021, Raj APP 2007, Fou HP. JS 2007-11, TJS 2015, HJS2011, RYS2015, Bihar APO 2012, AP. JS 2016] 352 Samarth Agrawal BooksIndian Penal Code, Which of the following punishment cannot be 8 awarded under the Indian Penal Code? @) forfeiture of property () rigorous imprisonment © wansportation for life (@) death Ans. ()_ [M.P. CJ 2001, UJS 2002, U.P. APO 2002, 9, CJS 2004, H.P. JS 2009, 2015} “Death sentence should be awarded in rarest of rare cases" was held in:— (@) Bachan Singh » State of Punjab (b) Rameshwar n. State of UP. © TV. Vatheeswaran » State of Tamil Nadu (@) State of U.P. x MK. Anthony Ans. (a) The case of Bachan Singh v State of Punjab is concerned with (@ Capital punishment in India (b) Custody of under trial prisoners © Prosecution for attempt to suicide (@) None of the above ‘Ans. (a) [Js 2021] By which one, out of the following Acts, the words "imprisonment for life" were substituted for the words "transportation for life" in the Indian Penal Code? &: @) ActXXV of 1955 © ActXXVI of 1955 Ans. (c) Under which of the following sections of IPC the death sentence can be commuted without the (b) Act XXIV of 1955 (d) Act XVII of 1955 [[Link] 2015] consent of the offender :— @) Section 53 (b) Section 54 (d) None of these [[Link] 2012] © Section 55 Ans. (b) Commutation of sentence of imprisonment for life is done under IPC in— @) Section 52 (b) Section 53 [UP. APO 2006, JJS 2014, UJS 2016) 10- 1860 Who may commute sentence ? @) Chief Justice of High Court (b) Chief Justice of India © Appropriate Government (4) Any Appellate Court Ans. (c) [Chhat ADPO 2008} The "appropriate Government" may commute the sentence of death of an accused person to any other sentence : (2) With the consent of the accused (b) With the consent of relatives of accused (©) With the consent of advocate of the accused (@) None of the above Ans. (d) [U.P. APO 2015] In how many years a sentences of imprisonment for life can be commuted by the Government (@) 20years (b) 18 years © years (A) 12years ‘Ans. (c) {CJS 2003} In calculating fractions of terms of punishment, Section 57 of the Indian Penal Code prescribes that imprisonment for life shall be reckoned as equivalent to imprisonment for (@) tenyears (b) fourteen years © twenty years (d)_ twenty five years Ans. (c) [DJs 2019} X administers a poison to Y, with the intent to cause hurt to Y. X is found guilty and is sentenced to imprisonment of 7 years. Which of the followings true about the nature of imprisonment that may be imposed on him? (@ X must be sentenced to 7 years rigorous imprisonment. () X may be sentenced to 7 years simple imprisonment. (© X may be sentenced to either 7 years simple impriosnment or 7 years rigorous imprisonment but the judge must at the time fo sentencing decide, the nature of imprisonment (@ X may be sentenced to any combination of years to be served as partly rigorous and partly simple © Section 54 (a) Section 55 imprisonment. Ans. (d) [Raj APP 2007] ‘Ans. (d) [DJs 2022} ee — Samarth Agrawal Books 353 rarer