Interview questions and answers on Indian penal code for UPSC, Civil Services, IAS and Indian Judicial Examinations!
Q.1. Explain and illustrate inchoate crimes.
[Uttarakhand Civil Judge (J.D.) Mains Examination, 2016]
Ans. The word inchoate comes from the Latin “to begin” or “not yet completed”. Each inchoate offense has its own elements, but they all share two elements: the mens rea of purpose or specific intent and the actus reus of taking some steps toward accomplishing the criminal purpose but not enough steps to complete the intended crime. Inchoate crimes are unique in the substantive criminal law.
The list of inchoate crimes as we have today are a very recent addition to the legal system prior to which it was widely believed among judicial circles that every crime necessarily entails criminal liability for attempting it. There was however felt a need to include a head of inchoate crimes much before, in the 16th century in England when there was seen that there was a major threat to peace and law. In the time of lawlessness, there was understood to be only one way to deal with this problem.
English jurists felt that in order to prevent such gross violations of the law, there was a need to take a sterner approach with reference to the prosecution of crimes.
Attempt to commit a crime and the abetment of the commission of that crime belong to the category of incomplete crimes or inchoate crimes injurious rather in tendency than in fact. These are also classified as crimes in the interests of social security and well-being. In civil law the attempted doing of an act which when completed is actionable, is not actionable at all.
On the other hand the attempted commission of an offence is taken serious note of by the Criminal Law and attempts are also punished with great severity.
Inchoate crimes, however, contemplate future completed crimes, crimes that have not yet occurred. In an inchoate crime, the defendant’s purpose is to bring about a future crime, and that purpose can be internally and externally conditional in all sorts of ways.
The offences of abetment, conspiracy and incitement are included in inchoate crimes.
Q.2. Explain and illustrate the meaning of public servant.
[Himachal Pradesh Judicial Service Mains Examination, 2016]
What do you mean by ‘public servant’? Please illustrate with the aid of decided cases.
[Uttarakhand Higher Judicial Service Mains Examination, 2015]
Distinguish between a ‘Public Servant’ and a ‘Government Servant’.
[Tripura Judicial Service (Grade-III) Written Examination, 2010]
Ans. The term Government servant is a reference to the term of “servant of Government” which is provided in the Section 17 of the Indian Penal Code. It means and denotes any officer or servant continued, appointed or employed in India by or the authority of the Government.
The Government may either be the Union Government or a State Government.
Section 21 of IPC however, defines the term ‘public servant’ and it includes a number of functionaries who are denoted as the public servants. However, a public servant is one who has to discharge some public duty, but the same does not hold good for the Government Servant. All the Government servants are not the public servants as they may be appointed by the Government but not performing a public duty
The term public servant is not synonymous with the term servant of government. ‘Public Servant is wider in scope as compared to ‘servant of government.’ The term public servant includes even a person who is in service or pay of a local authority, corporation established by a Central or State Government or Government Companies.
The most striking distinction between the two terms is that even if a person is not appointed by the Government, he may be referred to as a public servant if they fall under the description provided in Section 21, but this is not the case with the Government Servant. A Government servant has to be mandatorily appointed under the authority of either Central or State Government specifically a municipal or local authority.
Q.3. Define voluntarily.
[Assam Judicial Service (Grade-III) Main Examination, 2013]
Ans. Voluntarily is defined in section 39 IPC as a person is said to cause an effect “voluntarily” when he causes it by means whereby he intended to cause it, or by means which, at the time of employing those means, he knew or had reason to believe to be likely to cause it.
For example- A sets fire, by night, to an inhabited house in a large town, for the purpose of facilitating a robbery and thus causes the death of a person. Here, A may not have intended to cause death; and may even be sorry that death has been caused by his act; yet, if he knew that he was likely to cause death, he has caused death voluntarily.
Q.4. Define injury.
[Assam Judicial Service (Grade-III) Main Examination, 2013]
Ans. Section 44 IPC provides that the word “injury” denotes any harm whatever ille-gally caused to any person, in body, mind, reputation or property.
Madras High Court in T.RS.H. Selva Saroja v. T.RS.H. Sasinathana, on 23 March, 1989 said that ‘injury’ need not necessarily denote physical injury, for, it can be mental as well. ‘Injury’ contemplated under Section 44 I.P.C., is harm whatever illegally caused to any person etc.
Q.5. Define dishonestly.
[Assam Judicial Service (Grade-III) Main Examination, 2013]
Write short note on dishonestly.
[Assam Judicial Service (Grade-III) Main Examination, 2011]
Write short note on dishonestly.
[Assam Judicial Service (Grade-III) Written Examination, 2008]
Write short note on wrongful gain.
[Assam Judicial Service (Grade-III) Main Examination, 2015]
What ‘wrongful gain’ is as defined under the Indian Penal Code?
[Rajasthan Civil Judge Main Examination, 2013]
Ans. Section 24 IPC defines dishonestly as: 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”.
To understand the meaning of dishonestly, it is necessary to see the definitions of wrongful gain and wrongful loss which are defined in section 23 IPC as: “Wrongful gain” is gain by unlawful means of property to which the person gaining is not legally entitled. “Wrongful loss” is the loss by unlawful means of property to which the person losing it is legally entitled.
Patna High Court in Shahi Rai v. State of Bihar, on 16 September, 2013 said that according to definition of wrongful gain, the accumulation retention of the property should be by means of unlawful means of which an accused is not at all legally entitled for.
In Krishan Kumar v. The Union of India, 1960 SCR (1) 452 Supreme Court said that wrongful gain includes wrongful retention and wrongful loss includes being kept out of the property as well as being wrongfully deprived of property. Therefore when a particular thing has gone into the hands of a servant he will be guilty of misappropriating the thing in all circumstances which show a malicious intent to derive the master of it.
Delhi High Court in Anil Sharma v. S.N. Marwaha, 1995 CriLJ 163 said that the word “dishonestly” would be attracted when any person with the intention of causing wrongful gain to himself or wrongful loss to any person is said to do that thing dishonestly.
Q.6. Define fraudulently.
[Assam Judicial Service (Grade-III) Main Examination, 2013]
Write short note on fraudulently.
[Assam Judicial Service (Grade-III) Main Examination, 2015]
Ans. This term is defined in section 25 IPC which states that a person is said to do a thing fraudulently if he does that thing with intent to defraud but not otherwise. In Dr. S. Dutt v. State of U.P., AIR 1966 SC 523 the Supreme Court explained the words ‘intent to defraud’ as being not synonymous with words ‘intent to deceive’. It requires some action resulting in a disadvantage which but for the deception the person defrauded would have avoided.
Bombay High Court in Shivaji Narayan Shinde v. State of Maharashtra, (1971) 73 BOMLR 215 distinguished between “dishonestly” and “fraudulently. The two adverbs, “dishonestly” and “fraudulently”, are used alternatively indicating- thereby that one excludes the other and that they are not meant to be tautological and ought, therefore, to be given different meanings.
The word “defraud” in Section 25 includes an element of deceit. While deceit is an important ingredient of the definition of the word “fraudulently”, it is not an ingredient of the definition of the word “dishonestly”. “Dishonestly” involves a pecuniary or economic gain or loss, while “fraudulently” by construction excludes that element.
The juxtaposition of the two expressions, “dishonestly” and “fraudulently”, used in the various sections of the Indian Penal Code indicate their close affinity and, therefore, the definition of one may give colour to the other.
Q.7. Write short note on document.
[Assam Judicial Service (Grade-III) Main Examination, 2011]
Ans. The term ‘document’ has been defined in section 29 of the IPC as:
The word” document” denotes any matter expressed or described upon any substance by means of letters, figures or marks, or by more than one of those means, intended to be used, or which may be used, as evidence of that matter.
Explanation 1:
It is immaterial by what means or upon what substance the letters, figures or marks are formed, or whether the evidence is intended for, or may be used in, a Court of Justice, or not.
Illustrations:
A writing expressing the terms of a contract, which may be used as evidence of the contract, is a document. A cheque upon a banker is a document. A power of attorney is a document. A map or plan which is intended to be used or which may be used as evidence is a document. A writing containing directions or instructions is a document.
Explanation 2:
Whatever is expressed by means of letters, figures or marks as explained by mercantile or other usage, shall be deemed to be expressed by such letters, figures or marks within the meaning of this section, although the same may not be actually expressed.
Illustration:
A writes his name on the back of a bill of exchange payable to his order. The meaning of the endorsement as explained by mercantile usage, is that the bill is to be paid to the holder. The endorsement is a document, and must be construed in the same manner as if the words” pay to the holder” or words to that effect had been written over the signature.
Q.8. Distinguish between “common intention” and “same intention”.
[Tripura Judicial Service (Grade-III) Written Examination, 2010]
Ans. Section 34 of IPC lays down the rule of joint liability for the acts committed by several persons in the furtherance of common intention. If a criminal act is done by several persons in furtherance of the common intention of all, each of such persons is liable in the same manner as if that act were done by him alone.
Common intention is basically a general intention shared by all the persons concerned and furtherance of the common design is the condition precedent for convicting each person who is participant in a crime.
The issue of common intention and its distinction with same or similar intention generally arises in a circumstances where the formation of common intention is alleged to occur at the spur of the moment. Common intention requires that the intention of each one of the several persons be known to each other i.e. sharing of intention, whereas the same or similar intention of the several persons does not constitute common intention unless it is shared by them with each other. Therefore in cases where there is no sharing of intention between the several persons, even where intention is same, joint liability cannot be fastened upon them under section 34 of IPC.
Q.9. X, the captain of vessel A, finds himself in a situation where he has to run down either a vessel B with 10 passengers or vessel C with 3 passengers on board. X runs down vessel B to save vessels A and C. Can A avail the benefit of the defence of necessity?
[Uttaranchal PCS (J) Examination, 2011]
Ans. Yes. Here, A can avail benefit of the defence of necessity under section 81 of the Indian Penal Code, 1860 which says that-
Nothing is an offence merely by reason of its being done with the knowledge that it is likely to cause harm, if it be done without any criminal intention to cause harm, and in good faith for the purpose of preventing or avoiding other harm to person or property.
Explanation-
It is a question of fact in such a case whether the harm to be prevented or avoided was of such a nature and so imminent as to justify or excuse the risk of doing the act with the knowledge that it was likely to cause harm.
In other words, without criminal intention and in good faith if a person cause’s harm to avoid/prevent other harm to person or property, it is no offence. Hence, X is legally protected under this section because he caused the harm to prevent the other harm. At the same time he has no criminal intention to cause such harm.
The law relating to necessity dispenses with things which otherwise are not lawful to be done. But the defence of necessity is available provided the harm was not otherwise avoidable. This defence is not absolute. There are some circumstances where this defence will not be available like- to preserve his own life, we cannot take other’s life as laid down in R v. Dudley and Stephen (1884) 14 Q.B.D. 273.
Q.10. A, who is six years of age, picks up a knife and stabs a guest sleeping in the house. Whether A has committed any offence?
[Nagaland Judicial Service (Grade-I) Main Examination, 2013]
Ans. No, A has not committed any offence as he is exempted from criminal liability under section 82 of IPC which provides that:
Nothing is an offence which is done by a child under seven years of age.
Section 82 deals with doli incapax. Any child below the age of seven years is fully exempted from criminal liability.
Q.11. Disobedience to an order lawfully promulegated by a public servant, if such disobedience causes danger to human life, health or safety, etc is dealt under
A. Section 185 of IPC
B. Section 186 of IPC
C. Section 187 of IPC
D. Section 188 of IPC
Ans: D
Q.12. A, who is six years of age, picks up a knife and stabs a guest sleeping in the house. Whether A has committed any offence?
[Nagaland Judicial Service (Grade-I) Main Examination, 2013]
Ans. No, A has not committed any offence as he is exempted from criminal liability under section 82 of IPC which provides that:
Nothing is an offence which is done by a child under seven years of age.
Section 82 deals with doli incapax. Any child below the age of seven years is fully exempted from criminal liability.
Q.13. A, knowing that B has committed dacoity, knowing conceals B in order in order to screen him from legal punishment. Under Section 212, IPC
A. only B is liable to imprisonment of life
B. only A is liable to imprisonment of either description for a term not exceeding three years
C. A is liable to a fine only
D. All of them
Ans: D
Q.14. Abhijeet, a coiner, delivers counterfeit Company’s rupees to accomplice Balvinder, for the purpose of uttering them. Balvinder sells the rupees to Charanjeet, another utterer, who buys them knowing them to be counterfeit. Charanjeet pays away the rupees for the goods to Dharminder, who receives them, not knowing them to be counterfeit. Dharminder, after receiving the rupees, discovers that they are counterfeit and pays them away as if they were good.
A. Only Dharminder is punishable only under Section 241, IPC
B. Only Balvinder is punishable under Section 239 and 240, IPC
C. Only Charanjeet is punishable under Section 239 and 240, IPC
D. All of them
Ans: D
Q.15. Threatening any person to induce him to refrain from making a legal application for protection from injury is dealt under
A. Section 189 of IPC
B. Section 190 of IPC
C. Section 191 of IPC
D. Section 192 of IPC
Ans: B
Q.16. A, intentionally gives Z a sword cut or club wound sufficient to cause the death of a man in the ordinary course of nature. Z dies in the consequence.
A. A did not intend the death of Z hence is not guilty of murder
B. A is only guilty of inflicting the wound
C. A is guilty of murder
D. None of them
Ans: C
Q.17. A, without any excuse fires a loaded cannon into a crowd of persons and kills one of them. He did not have any premeditated design to kill any particular individual.
A. A is not guilty of murder
B. A is did not intend to kill any individual in particular
C. A is guilty of murder
D. Both (A) and (B)
Ans: C
Q.18. A, under the influence of passion excited by the provocation given by Z, intentionally kills Y, Z’s child.
A. A is guilty of murder
B. Z is guilty of murder
C. A is guilty of culpable homicide
D. None of them
Ans: A
Q.19. A is lawfully arrested by Z, a bailiff. A is excited to sudden and violent passion by the arrest, and kills Z.
A. A is guilty of murder
B. A is guilty of culpable homicide
C. Z is guilty of arresting A
D. None of them
Ans: A
Q.20. A appears as witness before Z, a Magistrate. Z says that he does not believe a word of A’s deposition, and that A has perjured himself. A is moved to sudden passion by these words, and kills Z
A. A is guilty of culpable homicide
B. A is guilty of murder
C. Z is guilty of intentionally using provocative words
D. None of them
Ans: B
Q.21. The accused entered along with others entered the house of the deceased to quarrel over a matter, but the deceased gave lathi blow on his head and in order to protect himself the accused also inflicted injuries on head of deceased which proved fatal. Here:
A. the accused has the right to private defence under Section 96, IPC
B. the deceased is guilty of assaulting the accused under Section 96, IPC
C. the accused is not entitled to the right to private defence under Section 96, IPC
D. None of them
Ans: C
Q.22. Nature of possession of a trespasser on which he can defend his possession against true owner must contain which of the following attributes?
I. the trespasser must be in actual physical possession over the property over a sufficiently long period
II. the possession must be to the knowledge either express or without any attempt at concealment and which contains an element of animus possidendi
III. the process of dispossession of the true owner by the trespasser must be complete and final and must be acquiesced in by the true owner
IV. whether or not the trespasser after having taken possession had grown any crops. If the accused has grown the crops, even the true owner has not right to destroy the crops
A. I, IV
B. Ill, IV
C. II, IV
D. I, II, III, IV
Ans: D
Q.23. Knowingly issuing or signing a false certificate relating to any fact of which such certificate is by law admissible in evidence is dealt under
A. Section 195 of IPC
B. Section 196 of IPC
C. Section 197 of IPC
D. Section 198 of IPC
Ans: C
Q.24. Giving or fabricating false evidence with intent to cause any person to be convicted of a capital offence is dealt under
A. Section 194 of IPC
B. Section 170 of IPC
C. Section 171 of IPC
D. Section 172 of IPC
Ans: A
Q.25. Giving or fabricating false evidence with intent to procure conviction of an offence punishable with imprisonment for 7 years or upwards is dealt under
A. Section 193 of IPC
B. Section 194 of IPC
C. Section 195 of IPC
D. Section 196 of IPC
Ans: C
Q.26. Threatening any person to give false evidence, if innocent person is convicted and sentenced in consequence of false evidence, with death or imprisonment for more than seven years is dealt under
A. Section 195 A of IPC
B. Section 196 A of IPC
C. Section 197 A of IPC
D. Section 198 A of IPC
Ans: A
Q.27. Causing disappearance of evidence of an offence committed, or giving false information touching it to screen the offender if a capital offence dealt under
A. Section 199 of IPC
B. Section 200 of IPC
C. Section 201 of IPC
D. Section 202 of IPC
Ans: C
Q.28. According to the following a person abets the doing of a thing, who:
I. instigates any person to do that thing
II. Engages with one or more person or persons in any conspiracy for the doing of that thing
III. If an act or illegal omission takes place in pursuance of that conspiracy, and in order to the doing of that thing
IV. Intentionally aids, by and act or illegal omission, the doing of that thing
A. I, IV
B. II, IV
C. IV
D. I, II, III, IV
Ans: D
Q.29. Which of the following is not an ingredient of an offence under Section 109, IPC?
A. abetment of an offence, either by instigation, conspiracy or aiding
B. the commission of the act abetted, in consequence of abetment
C. there must not be any express provision, in this Code for the punishment of such abetment
D. all of them
Ans: D
Q.30. A attempts to pull Z’s nose. Z, in the exercise of the right to private defence lays hold of A to prevent him from doing so. A is moved to sudden and violent passion in consequence and kills Z.
A. A is guilty of provoking Z
B. A is guilty of murder
C. Both (A) and (B)
Ans: B
Q.31. Taking gift, etc, to seven on offender from punishment if the offence be punishable with imprisonment for less than 10 years is dealt under
A. Section 211 of IPC
B. Section 212 of IPC
C. Section 213 of IPC
D. Section 214 of IPC
Ans: D
Q.32. Being hired to take part in an unlawful assembly or riot is dealt under-
A. Section 156 of IPC
B. Section 157 of IPC
C. Section 158 of IPC
D. Section 159 of IPC
Ans. C
Q.33. Committing affray is dealt under-
A. Section 159 of IPC
B. Section 160 of IPC
C. Section 161 of IPC
D. Section 162 of IPC
Ans. B
Q.34. Public servant framing an incorrect document with intent to cause injury is dealt under-
A. Section 166 of IPC
B. Section 167 of IPC
C. Section 168 of IPC
D. Section 169 of IPC
Ans. B
Q.35. Public servant unlawfully buying or bidding for property is dealt under-
A. Section 169 of IPC
B. Section 170 of IPC
C. Section 171 of IPC
D. Section 172 of IPC
Ans. A
Q.36. Wearing garb or carrying token used by public servant with fraudulent intent is dealt under-
A. Section 168 of IPC
B. Section 169 of IPC
C. Section 171 of IPC
D. Section 172 of IPC
Ans. C
Q.37. Undue influence at an election is dealt under-
A. Section 168 F of IPC
B. Section 169 F of IPC
C. Section 170 F of IPC
D. Section 171 F of IPC
Ans. D
38. A offers a bribe to B, a public servant, as a reward for showing A some favour in the exercise of B’s official functions. B accepts the bribe
A. A has abetted the offence define in Section 160, IPC
B. A has abetted the offence define in Section 161, IPC
C. A has abetted the offence define in Section 162, IPC
D. A has abetted the offence define in Section 163, IPC
Ans: B
39. A and B conspire to poison Z. A in pursuance of the conspiracy, procures the poison and delivers it to B in order that he may administer it to Z. B in pursuance of the conspiracy, administers the poison to Z in A’s absence and thereby causes Z’s death.
A. only A is guilty of murder
B. A is only of abetment
C. only B is guilty of murder
D. all of them
Ans: D
40. A instigates B to cause grievous hurt to Z. B, in consequence of the instigation causes grievous hurt to Z. Z dies in consequence. A was well aware that the grievous hurt abetted was likely to cause death.
A. A is guilty of only instigating
B. Only B is guilty of murder
C. Only A is guilty of murder
D. Both A and B are guilty of murder
Ans: D
41. Rape is dealt under
B. Section 377of IPC
C. Section 378 of IPC
D. Section 379 of IPC
Ans: A
42. Consider the two case:
I. A offers a bribe to B, a public servant, as a reward for showing A some favour in the exercise of B’s official functions. B refuses to accept the bribe.
II. A instigates B to give false evidence. However B does not gives false evidence.
Which of the following is true about the above cases?
A. A is not punishable under Section 116, IPC
B. A is punishable under Section 116, IPC
C. A is punishable only under Section 115, IPC
D. None of them
Ans: B
43. Which of the following is true about the above cases?
A. A is not punishable under Section 116, IPC
B. A is punishable under Section 116, IPC
C. A is punishable only under Section 115, IPC
D. None of them
Ans: B
44. A affixes in a public a placard instigating a sect consisting of more than ten members to meet at a certain time and place for the purpose of attacking the members of an adverse sect, while engaged in a procession.
A. A has committed the offence defined Section 114 of IPC
B. A has committed the offence defined Section 115 of IPC
C. A has committed the offence defined Section 116 of IPC
D. A has committed the offence defined Section 117 of IPC
Ans: D
45. Extortion is dealt under
A. Section 381 of IPC
B. Section 382 of IPC
C. Section 383 of IPC
D. Section 384 of IPC
Ans: D
46. A, an officer of police, being bound to give information of all designs to commit robbery which may come to his knowledge, and knowing that B designs to commit robbery, omits to give such information, with intent to so facilitate the commission of that offence.
A. A should be punished under Section 116, IPC
B. A should be punished under Section 117, IPC
C. A should be punished under Section 118, IPC
D. A should be punished under Section 119, IPC
Ans: D
47. A, a landholder, knowing of the commission of a murder within the limits of his estate, wilfully misinforms the Magistrate of the district that the death has occurred by accident in consequence of the bite of a snake.
A. A is guilty under Section 176 of IPC
B. A is guilty under Section 177 of IPC
C. A is guilty under Section 178 of IPC
D. A is guilty under Section 179 of IPC
Ans: B
48. Importation of girl from foreign country is dealt under
A. Section 363 B of IPC
B. Section 364 B of IPC
C. Section 365 B of IPC
D. Section 366 B of IPC
Ans: D
49. A, a village watchman, knowing that a considerable body of strangers has passed through his village in order to commit a dacoity in the house of Z, a wealthy merchant residing in a neighbouring place, and being bound, under Clause 5, Section VII, Regulation III, 1821, of the Bengal Code, to give early and punctual information of the above fact tot the officer of the nearest police station, wilfully misinforms the police officer that a body of suspicious characters passed through the village with a view to commit dacoity in a certain distant place in a different direction.
A. A is guilty under Section 173 of IPC
B. A is guilty under Section 175of IPC
C. A is guilty under Section 176 of IPC
D. A is guilty under Section 177 of IPC
Ans: D
50. A, in support of a just claim which B has against Z for one thousand rupees, falsely swears on a trial that he heard Z admit the justice of B’s claim.
A. Z’s evidence is false
B. A’s evidence is false
C. B’s evidence is false
D. None of them
Ans: B
51. Concealing or keeping in confinement a kidnapped person is dealt under
A. Section 367 of IPC
B. Section 368 of IPC
C. Section 369 of IPC
D. Section 370 of IPC
Ans: B
52. Buying or disposing of any person as slave is dealt under
A. Section 367 of IPC
B. Section 368 of IPC
C. Section 369 of IPC
D. Section 370 of IPC
Ans: D
53. If the student and teacher fall in love, teacher cannot be said to have taken undue advantage of his position especially when the offence is committed outside the school. In which of the following it was held that the conviction of the teacher was not proper?
A. Omkar Prasad Verma v. State of M.P. (2007)
B. Braja Mohan Pradhan v. State of Orissa (1985)
C. Ramkrishna Mandal v. Kamal Kanti Chakraborty (1990)
D. Ram Ekbal Rai v. Jaldhari Pandey (1972)
Ans: A
54. A, an interpreter or translator, gives or certifies as a true interpretation or translation of a statement or document, which he is bound by the oath to interpret or translate truly, that which is not and which he does not believe to be a true interpretation or translation.
A. A has not given false evidence
B. A does not know how to interpret
C. A has given false evidence
D. None of them
Ans: C
55. A makes a false entry in his shop book for the purpose of using it as corroborative evidence in a court of Justice.
A. A has committed an offence under Section 420, IPC
B. A has fabricated false evidence
C. A has given false evidence
D. None of them
Ans: B
56. Obstructing public servant in discharge of his public functions is dealt under
A. Section 183 of IPC
B. Section 184 of IPC
C. Section 185 of IPC
D. Section 186 of IPC
Ans: D
57. Wilfully neglecting to aid a public servant who demand aid in the execution of process, the prevention of offences, etc is dealt under
A. Section 186 of IPC
B. Section 187ofIPC
C. Section 188 of IPC
D. Section 189 of IPC
Ans: B
58. Giving or fabricating false evidence in any other case is dealt under
A. Section 190 of IPC
B. Section 191 of IPC
C. Section 192 of IPC
D. Section 193 of IPC
Ans: D
59. A, in an enquiry before an officer deputed by a Court of Justice to ascertain on the spot the boundaries of land, makes on oath a statement which he knows to be false.
A. A is innocent
B. A has not given false evidence
C. A has given false evidence
D. A has fabricated false evidence
Ans: C
60. A gives false evidence before a Court of Justice, intending hereby to cause Z to be convicted of a dacoity.
A. A is liable to rigorous imprisonment
B. A is liable to imprisonment for life or imprisonment
C. A is liable to a fine
D. All of them
Ans: D
61. X enters into a room where D was all alone and all other ingress was closed. After sometime X comes out of the room with multiple incised injuries on his person and D is found dead killed by one blow with a sharp cutting weapon lying by his side. X is mute, cannot write or articulate. Which of the following inference can be drawn from the fact of the situation?
A. D inflicted the injuries on X and hence committed the offence of affecting the body of X and in the process was done to death by one fatal blow
B. X had a reasonable apprehension of death or of grievous hurt by D
C. X had to deal the blow to save his life and limb and he exercised the right to private defence
D. All of them
Ans. D
62. Having possession of a document, knowing it to forgo, with intent to use it as genuine, if the document is one of the description mentioned in section 467 if the Indian Penal Code is dealt under-
A. Section 474 of IPC
B. Section 475 of IPC
C. Section 476 of IPC
D. Section 477 of IPC
Ans. A
63. Making or possessing machinery, instrument or material for forging or counterfeiting currency-notes or bank notes is dealt under-
A. Section 489 D of IPC
B. Section 489 E of IPC
C. Section 490 of IPC
D. Section 491 of IPC
Ans. A
64. In Section 11 of IPC the word ‘person’ indicates:
A. any company incorporated or not
B. any associations incorporated or not
C. body of persons incorporated or not
D. all of them
Ans. D
65. In a certain case the accused dealing with chemical material was charged under Section 138 Negotiable Instruments Act and they pleaded in their defence that- (i) firm has to be indicted and then only the proprietor can be held guilty and (ii) in absence of impleading proprietary concern as complainant as well as accused the case is not maintainable.
A. point (i) is valid for the case but point (ii) is not valid
B. point (i) is not valid while point (ii) is valid
C. both point (i) and (ii) are valid
D. none of them is valid
Ans. A
66. Putting or attempting to put in fear or injury, in order to commit extortion is dealt under-
A. Section 385 of IPC
B. Section 386 of IPC
C. Section 387 of IPC
D. Section 388 of IPC
Ans. A
67. The exclusion of the state of Jammu and Kashmir from “India” in Section 18 of IPC:
A. is a violation of Article 1 and First Schedule of the Constitution of India
B. is done to treat Jammu and Kashmir as foreign territory
C. is done only for the purpose of the application of Indian Penal Code
D. is done because it is a disputed land
Ans. C
68. Attempt to commit robbery is dealt under-
A. Section 390 of IPC
B. Section 391 of IPC
C. Section 392 of IPC
D. Section 393 of IPC
Ans. D
69. Intercourse by Superintendent of jail, remand home, etc. is dealt under-
A. Section 376 C of IPC
B. Section 377 C of IPC
C. Section 378 C of IPC
D. Section 379 C of IPC
Ans. A
70. Which of the following is not a public servant as per Section 21 of IPC?
A. Judge
B. Juryman
C. Government Company
D. Municipal Commissioner
Ans. C
71. Which of the following can help in determining that a person is an officer of Government as per Section 21 of IPC?
A. he is the service or pay of the Government
B. he is an officer
C. he is entrusted with the performance of any public duty
D. both (A) and (C)
Ans. D
72. Which of the following test must be satisfied to employ a High Court judge in connection with the affairs of the Union?
A. the authority to remove must be the Central Government
B. the person at the relevant time must have been employed in connection with the affairs of the Union
C. both (A) and (B)
D. none of them
Ans. C
73. As per Section 21 of IPC the bar of prosecution shall apply, not and only when?
A. it is proved that he was a public servant removable from his office only with the sanction of the Central or State Government
B. if he has sufficient cause to believe that thing but not otherwise
C. the offence levelled against him must have been committed by him while acting or discharging his official duties as such
D. both (A) and (C)
Ans. D
74. D, a disabled man in receipt of income support, sought judicial review of a finding of wilful refusal or culpable neglect relating to his failure to pay community charge arrears and of justices subsequent decision to issue a warrant for his committal to prison. The accused pleaded that justices were required to find culpable neglect or wilful refusal in respect of each of the three financial years separately and his absence from hearing due to hospital appointment should not have been considered a ground for issuing the warrant.
A. the decision of the justices was perfectly reasonable
B. the decision of the justices was not reasonable
C. medical ground is no excuse for failure to pay community charge arrears
D. Both (A) and (C)
75. A boy of 13 committed rape on a child 2 years. The accused should be awarded-
A. one year R.I. with fine of Rs. 2000
B. three year R.I with fine of Rs. 5000
C. only one year R.I.
D. only fine of Rs. 5000
Ans. A
76. Abetment of any offence, if abettor is present when offence is committed dealt under-
A. Section 114 of IPC
B. Section 115 of IPC
C. Section 116 of IPC
D. Section 117 of IPC
Ans. A
77. Concealing a design to commit an offence punishable with death or imprisonment for life, if the offence be committed is dealt under-
A. Section 117 of IPC
B. Section 118 of IPC
C. Section 119 of IPC
D. Section 120 of IPC
Ans. B
78. A public servant concealing a design to commit an offence which it is his duty to prevent if the offence be committed dealt under-
A. Section 117 of IPC
B. Section 118 of IPC
C. Section 119 of IPC
D. Section 120 of IPC
Ans. C
79. Which of the following punishment an offender is liable to under the provision of Section 53, IPC –
A. Death and imprisonment for life
B. Imprisonment and fine
C. Forfeiture of property
D. all of them
Ans. D
80. X is an owner of a property and he owe some money to Y. X has not been able to pay the due and Y forcibly took possession of his property against his will to pressurise him into paying up his debts.
A. Y has all the authority to do so
B. X no longer has right over his property
C. Y is guilty of theft
D. None of them
Ans. C
81. In a certain case in Delhi the accused proposed marriage of his son with the gentleman of a daughter who was pregnant with someone else’s child (a fact that has not been concealed). However he concealed the fact that his son is suffering from a mental disorder the gentleman marries his daughter to his son then the accused:
A. cannot be hold guilty because even the gentleman’s daughter is at fault
B. is prima facie guilty of cheating due to the element of wrongful gain involved
C. cannot be accused as it the gentleman’s responsible to the ascertain complete fact concerning the would be bridegroom
D. none of them
Ans. B
82. Which of the following is true of intent of defraud?
A. a general intention to defraud, without the intention of causing wrongful gain to one person on wrongful loss to another
B. to prove intention of defraud, it is not at all necessary that there should have been some persons defrauded, or who possibly might have been defrauded by his act
C. the word defraud is of double meaning
D. all of them
Ans. D
83. The word ‘document’ as per Section 29 of IPC includes any matter expressed or described upon by any substance:
A. by means of letters, figures or marks only
B. by more than one of those means intended to be used, or which may be used, as evidence of that matter
C. Both (A) and (B)
D. none of them
Ans. C
84. Dishonest misappropriation of property, knowing that it was in the possession of a declosed person at his death, and that it has not since been in the possession of any person legally entitled to it and if the offender at the time of such person’s declose was employed by him as a clerk or servant is dealt under-
A. Section 401 of IPC
B. Section 402 of IPC
C. Section 403 of IPC
D. Section 404 of IPC
Ans. D
85. Which of the following can be called a ‘document’ as per Section 29 of IPC?
A. banker’s cheque
B. power of attorney
C. map
D. all of them
Ans. D
86. Which of the following conditions are necessary to fulfill the requirements of Section 34 of the Indian Penal Code?
A. the person must be present on the scene of occurrence
B. there must a prior concert or a pre-arranged plan
C. either (A) or (B)
D. both (A) and (B)
Ans. D
87. Making preparation to commit dacoity is dealt under-
A. Section 398 of IPC
B. Section 399 of IPC
C. Section 400 of IPC
D. Section 401 of IPC
Ans. B
88. Which of the following judgment is the correct judgment regarding the mentioned case?
The three accused armed with firearms and Accused 1 with lathi came to the shot of the incident for the purpose of avenging the old enmity. It was alleged that it was on the exhortation made by the Accused 1, not to spare the deceased that the other accused started firing at the deceased. It was held that when all the accused had reached the place of incident for the purpose of avenging the old enmity nurtured by them should they wait for Accused 1 to make exhortation to use the words “don’t allow him to flee and don’t spare him this time.”
A. apart from Accused 1 all others were convicted u/ss. 302/34
B. all of them were convicted u/ss. 302/34
C. Accused 1 was accordingly acquitted, as no common intention could be attributed to him.
D. both (A) and (C)
Ans. D
89. Unlawful compulsory labour is dealt under-
A. Section 371 of IPC
B. Section 372 of IPC
C. Section 373 of IPC
D. Section 374 of IPC
Ans. D
90. Which of the following conditions must be fulfilled for conviction on circumstantial evidence?
A. the circumstances from which the conclusion is to be drawn should be fully established and not “may be established”
B. the circumstances must be of a conclusive nature and tendency
C. it should exclude every possible hypothesis except the one to be proved
D. all of them
Ans. D
91. Using a false property mark with intent to deceive or injure any person is dealt under-
A. Section 480 of IPC
B. Section 481 of IPC
C. Section 482 of IPC
D. Section 483 of IPC
Ans. C
92. Which of the following explains the ‘sense of expression once explained’?
A. Section 6 and Section 7 of IPC
B. Section 6 of IPC
C. Section 7 of IPC
D. None of them
Ans. C
93. Which of the following is a limitation with vicarious liability?
A. certain crimes because of their nature cannot be committed by a corporation
B. corporal punishment cannot be imposed on a corporation
C. cannot be convicted of manslaughter
D. both (A) and (C)
Ans. D
94. Criminal liability of a corporation arises when:
A. an offence is committed in the course of corporation’s business by the person in control of its affairs
B. an offence is committed in the course of corporation’s business by a person in control whose thought and intent becomes thought and intent of the corporation
C. Both (A) and (B)
D. None of them
Ans. C
95. Extortion by a putting a person in fear of death or grievous is dealt under-
A. Section 385 of IPC
B. Section 386 of IPC
C. Section 387 of IPC
D. Section 388 of IPC
Ans. B
96. Which of the following is true is of the word “Judge” under Section 19 of IPC?
A. denotes a person officially designated as a Judge
B. denotes every person who is empowered by law to give a definitive judgment in any legal proceeding, civil or criminal
C. denotes of a body of persons which is empowered by the law to give judgment
D. all of them
Ans. D
97. Person voluntarily causing hurt in committing or attempting to commit robbery, or any other person jointly concerned in such robbery is dealt under-
A. Section 394 of IPC
B. Section 395 of IPC
C. Section 396 of IPC
D. Section 397 of IPC
Ans. A
98. Which of the following does not fall under the category of the word “Judge” as coined in Section 19?
A. Magistrate
B. Member of a Panchayat
C. Collector
D. Businessman
Ans. D
99. Which of the following amendment added Clause 11 and Explanation 4 in Section 21 of IPC?
A. Act XXXIX, 1920
B. Adaptation of Laws Order, 1950
C. Act II, 1950
D. Anti-Corruption Act, 1964
Ans. B
100. In which of the following case the principle was held by the Supreme Court that where a subsequent Act incorporates provisions of a previous act, the burrowed provisions become an integral and independent part of the subsequent Act and are totally unaffected by any repeal or amendment in the Prevention Act, does not apply?
A. where the subsequent Act and the previous Act are supplemental to each other
B. where the two Acts are pari material and where the amendment of the previous Act either expressly or by necessary intendment, applies the said provisions to the subsequent Act
C. where the amendment in the previous Act if not imported into the subsequent Act would render the Act unworkable and ineffectual
D. all of them
Ans. D
101. Which of the following is not relevant to the practice and procedures of Section 22 of IPC?
A. does not provide definition of “public servant”
B. no court can take cognizance of any offence against a public servant except with the previous sanction of the Central Government or the State Government as per the provisions of Section 197 Cr. P.C
C. the protection is available to a person, if on the date of commission of offence he was public servant irrespective of his subsequent retirement, resignation, dismissal or even removal
D. deals with extra territorial applicability but does not define any substantive offence or procedure
Ans. D