100 sample questions on The Indian Penal Code, 1860 for West Bengal Judiciary Examination (preliminary)

100 sample questions on The Indian Penal Code, 1860 for West Bengal Judiciary Examination (preliminary)

1. The Fundamental principle of criminal liability is embodied in the maxim "actus non facit reum nisi mens sit rea". The maxim was developed by:

(a) Equity Courts

(b) Common Law Courts

(c) Sadar Nizamat Court

(d) none of the above.

2. 'Wrongful gain' means

(a) gain by lawful means of property which the person gaining is not entitled

(b) gain by unlawful means of property which the person gaining is not entitled

(c) gain by unlawful means of property which the person gaining is entitled

(d) all the above.

3. 'Wrongful loss' means

(a) loss by unlawful means of property which the person losing it, is legally entitled

(b) loss by lawful means of property which the person losing it is not legally entitled

(c) loss by lawful means of property which the person losing is not legally entitled

(d) all the above.

4. The provision of personation at elections under section 171D of IPC

(a) shall apply to a person who has been authorised to vote as proxy for an elector under any law in force

(b) shall not apply to a person who has been authorised to vote as proxy for an elector under any law in force

(c) does not lead to any restriction under any law in force

(d) none of the above.

5. 'Dishonestly' has been defined as doing anything with intention to cause wrongful gain to one person & wrongful loss to another, under

(a) section 21

(b) section 23

(c) section 24

(d) section 25.

6. 'Fraudulently' has been defined as doing anything with intent to defraud

(a) section 23

(b) section 25

(c) section 24

(d) section 26.

7. When a criminal act is done by several persons in furtherance of the common intention of all

(a) each of such person is liable for that act in the same manner as if it were done by him alone

(b) each of such person is liable for his own overt act

(c) each of such person shall be liable according to the extent of his participation in the crime

(d) both (b) & (c).

8. Which among these Codes, is included in the Schedule to the Prevention of Money- Laundering Act, 2002.

(a) Civil Procedure Code

(b) Criminal Procedure Code

(c) Indian Penal Code

(d) none of these.

9. To establish section 34 of IPC

(a) common intention be proved but not overt 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) all the above.

10. 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).

11. 'X' & 'Y' go to murder 'Z'. 'X' stood on guard with a spear in hand but did not hit 'Z' at all. Y killed 'Z'

(a) only 'Y' is liable for murder of Z

(b) 'X' & 'Y' both are liable for murder of 'Z'

(c) 'X' is not liable as he did not perform any overt act

(d) both (a) & (c).

12. 'Voluntarily' has been defined as an effect caused by means whereby a person intended to cause it or by means, at the time of employing those means, know or had reason to believe to be likely to cause it under

(a) section 39

(b) section 38

(c) section 37

(d) section 40.

13. Under section 45 of IPC, life denotes

(a) life of a human being

(b) life of an animal

(c) life of human being and of an animal both

(d) life of either human being or animal.

14. Under section 46 of IPC, death denotes

(a) death of a human being

(b) death of an animal

(c) death of a human being and of an animal both

(d) death of either human being or an animal.

15. Illegal signifies

(a) everything which is an offence

(b) everything which is prohibited by law

(c) everything which furnishes ground for civil action

(d) all the above.

16. Animal denotes

(a) any living creature including human being

(b) any living creature other than a human being

(c) any creature - live or dead

(d) either (a) or (c).

17. How many types of punishments have been prescribed under the Indian Penal Code

(a) three

(b) six

(c) five

(d) four.

18. Under section 60 of IPC, in certain cases of imprisonment, the sentence of imprisonment

(a) has to be wholly rigorous

(b) has to be wholly simple

(c) can be partly rigorous and partly simple

(d) either (a) or (b).

19. Sentence of imprisonment for non-payment of fine under section 64 of IPC

(a) shall be in excess of any other imprisonment to which an offender has been sentenced

(b) shall be concurrent of any other imprisonment

(c) shall not be in excess of any other imprisonment

(d) both (b) & (c).

20. 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) equal to the maximum term of imprisonment fixed for the offence.

21. In case of an offence punishable with fine only, imprisonment for non-payment of fine

(a) has to be rigorous

(b) has to be simple

(c) can be rigorous or simple

(d) can be partly rigorous and partly simple.

22. Under section 498A of IPC cruelty includes

(a) harassment of the woman

(b) physical cruelty only

(c) mental cruelty only

(d) cruelty by wife.

23. In case of an offence punishable with fine only, an offender who is sentenced to pay a fine of not exceeding Rs. 100 but exceeding Rs. 50, the imprisonment in default of payment of fine shall not exceed

(a) two months

(b) three months

(c) four months

(d) six months.

24. In case of an offence punishable with fine only, an offender who is sentenced to pay a fine exceeding Rs. 100, the imprisonment in default of payment of fine shall not exceed

(a) one year

(b) six months

(c) four months

(d) two months.

25. Section 64 of IPC provides for

(a) nature & maximum limit of imprisonment for non-payment of fine

(b) nature & minimum limit of imprisonment for non-payment of fine

(c) nature but does not prescribe any limit of imprisonment for non-payment of fine

(d) limit of imprisonment for non-payment of fine but does not prescribe the nature of imprisonment.

26. 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) & (b)

(d) neither (a) nor (b).

27. In case of imprisonment for non-payment of fine, if a part of the fine is paid, such sentence

(a) shall be reduced proportionately

(b) shall not be reduced in direct proportion to the fine paid

(c) shall be reduced but subject to the discretion of the court as to the quantum of reduction

(d) all of the above.

28. Section 73 of IPC provides for the maximum limit of solitary confinement to be

(a) one year

(b) two years

(c) three months

(d) six months.

29. If an offender has been sentenced to imprisonment not exceeding six months, the solitary confinement

(a) shall not exceed 15 days

(b) shall not exceed one month

(c) shall not exceed two months

(d) shall not exceed forty-five days.

30. If an offender is sentenced to imprisonment for a term exceeding six months but not exceeding one year, the term of solitary confinement

(a) shall not exceed one month

(b) shall not exceed forty-five days

(c) shall not exceed two months

(d) shall not exceed three months.

31. If an offender is sentenced to imprisonment for a term exceeding one year, the term of solitary confinement shall not exceed

(a) one month

(b) two months

(c) three months

(d) six months.

32. Nothing is said to be done or believed to be done in goodfaith which is done or believed without due care & intention - is the definition of goodfaith contained in

(a) section 29 of IPC

(b) section 29A of IPC

(c) section 52 of IPC

(d) section 52A of IPC.

33. General exceptions are contained in

(a) chapter III of IPC

(b) chapter IV of IPC

(c) chapter V of IPC

(d) chapter VI of IPC.

34. Section 76 provides that nothing is an offence which is done by a person who is or who by reason of

(a) mistake of fact in good faith believes himself to be bound by law to do it

(b) mistake of law in good faith believes himself to be bound by law to do it

(c) mistake of fact believes himself to be bound by morals to do it

(d) all the above.

35. Under section 79, nothing is an offence which is done by a person who is justified by law or who by reason of mistake of fact in goodfaith believes himself to be

(a) bound by law to do it

(b) justified by law to do it

(c) bound by morality to do it

(d) all the above.

36. The maximum 'ignorantia juris non excusat' means

(a) ignorance of law is no excuse

(b) ignorance of fact is no excuse

(c) ignorance of law is an excuse

(d) ignorance of fact is an excuse.

37. Section 76 & 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.

38. Accident as an exception has been dealt with in

(a) section 77

(b) section 78

(c) section 80

(d) section 82.

39. Under section 80, the exception of accident is available when an offence is committed while

(a) doing a lawful act in a lawful manner by lawful means

(b) doing a lawful act in any manner by any means

(c) doing a lawful act in a lawful manner by any means

(d) all the above.

40. The principle as to the way in which a man should behave when he has to make a choice between two evils is illustrated in

(a) section 80 of IPC

(b) section 81 of IPC

(c) section 82 of IPC

(d) section 78 of IPC.

41. The motive under section 81 of IPC should be

(a) prevention of harm to person

(b) prevention of harm to property

(c) both (a) and (b)

(d) either (a) or (b).

42. 'Infancy' as an exception has been provided under

(a) section 80

(b) section 81

(c) section 82

(d) section 84.

43. Section 82 of IPC provides that nothing is an offence which is done by a child under

(a) six years of age

(b) seven years of age

(c) nine years of age

(d) ten years of age.

44. Section 82 of IPC enunciates

(a) a presumption of fact

(b) a rebuttable presumption of law

(c) a conclusive or irrebuttable presumption of law

(d) none of the above.

45. A person is stated to be partially incapax under section 83, IPC if he is aged

(a) above seven years and under twelve years

(b) above seven years and under ten years

(c) above seven years and under sixteen years

(d) above seven years and under eighteen years.

46. Section 83 of IPC lays down

(a) a presumption of fact

(b) an inconclusive or rebuttable presumption of law

(c) conclusive or irrebuttable presumption of law

(d) irrebuttable presumption of fact.

47. Section 82 of IPC lays down the rule of

(a) wholly incapax

(b) partially incapax

(c) both (a) & (b)

(d) either (a) or (b).

48. Under section 82 & section 83 of IPC an offence is punishable if it is done by a child

(a) of below seven years of age

(b) of above seven years of age but below twelve years if he has not attained sufficient maturity and understanding

(c) of above seven years of age but below twelve years having attained sufficient maturity and understanding

(d) all the above.

49. The maxim 'actus nott facit rea nisi mens sit rea' means

(a) crime has to be coupled with guilty mind

(b) there can be no crime without a guilty mind

(c) crime is the result of guilty mind

(d) criminal mind leads to crime.

50.1. The physical aspect of crime is actus reas.

II. The mental aspect of crime is mens rea.

III. The motive is the desire to commit crime Which of the following is correct for the aforesaid

(a) I & II are correct but III is not correct

(b) only II & III

(c) only II & III

(d) all the above.

51. Section 84 of IPC provides for

(a) medical insanity

(b) legal insanity

(c) moral insanity

(d) unsoundness of mind of any kind.

52. Irresistible impulse is a defence

(a) in India

(b) in England

(c) in India and England both

(d) neither in India nor in England.

53. A hangman who hangs the prisoners pursuant to the order of the court is exempt from criminal liability by virtue of

(a) section 77 of IPC

(b) section 78 of IPC

(c) section 79 of IPC

(d) section 76 of IPC.

54. Insanity as a defence means that a person at the time of doing an act, by reason of unsoundness of mind is incapable of knowing

(a) the nature of the act

(b) that what he is doing is wrong

(c) that what he is doing is contrary to law

(d) either (a) or (b) or (c).

55. Which of the following is correct

(a) the burden of proof that the accused was not insane at the time of commission of offence is on the prosecution

(b) the burden of proving that the accused was insane at the time of commission of offence is on the accused

(c) there is a rebuttable presumption of fact that accused was insane at the time of commission of the offence

(d) it is a matter of inference to be drawn by the court on the facts proved by the prosecution.

56. For unsoundness of mind, the impairment of the cognitive faculty of mind to escape criminal liability

(a) must be total

(b) must be partial

(c) both (a) & (b)

(d) none of the above.

57. Intoxication as defence is contained in

(a) section 85 of IPC

(b) section 86 of IPC

(c) section 87 of IPC

(d) both (a) & (b).

58. For a defence of intoxication, to escape criminal liability, the degeneration of mental faculties

(a) must be total

(b) must be partial

(c) both (a) & (b)

(d) only (b) above is correct & (a) is incorrect.

59. For a defence of intoxication, to escape criminal liability, the intoxication

(a) can be self administered

(b) administered against his will or knowledge

(c) should not be self administered

(d) all the above.

60. In cases where the act involves a specific mens rea, in cases of intoxication under section 86 of IPC

(a) the existence of mens rea is presumed

(b) the specific mens rea is not presumed

(c) the specific mens rea depends upon the attending circumstances & the degree of intoxication

(d) none of the above.

61. The doctrine 'volenti non fit injuria' is contained in

(a) section 87 of IPC

(b) section 88 of IPC

(c) section 89 of IPC

(d) all the above.

62. The defence of 'consent' applies to

(a) private wrongs

(b) public wrongs

(c) both (a) & (b)

(d) neither (a) nor (b).

63. The defence of 'consent' is restrictive in its applicability in cases involving

(a) alienable rights

(b) inalienable rights

(c) both (a) &(b)

(d) neither (a) nor (b).

64. The defence of 'consent' is not available in cases of

(a) consent to cause death

(b) consent to cause grievous hurt

(c) both (a) & (b)

(d) either (a) or (b).

65. Operation of consent to all offences, short of causing death intentionally, has been extended under

(a) section 88 of IPC

(b) section 90 of IPC

(c) section 91 of IPC

(d) section 87 of IPC.

66. Under section 89 the consent in respect of infants under 12 years of age or persons of unsound mind

(a) can be given by their guardians without any restriction

(b) can be given by the guardian subject to restrictions mutually agreed upon

(c) can be given by the guardians subject to restrictions imposed by law

(d) all the above.

67. The consent is not a valid consent under section 90

(a) if given under a fear of injury or misconception of fact

(b) if given by a person of unsound mind

(c) if given by a child below 12 years of age

(d) all the above.

68. Consent given under compulsion arising out of threat of injury

(a) excuses the causing of death

(b) excuses causing of any offence against the state punishable with death

(c) both (a) & (b)

(d) neither (a) nor (b).

69. The maxim 'de minimus non curat lex' means

(a) law would not take action on small & trifling matter

(b) law does not ignore any act which causes the slightest harm

(c) law would not take action in serious matters

(d) all the above.

70. The principle 'de minimus non curat lex' is contained in

(a) section 92 of IPC

(b) section 93 of IPC

(c) section 94 of IPC

(d) section 95 of IPC.

71. The right of private defence is contained in

(a) section 94 of IPC

(b) section 95 of IPC

(c) section 96 of IPC

(d) section 98 of IPC.

72. The right to private defence is based on the natural instinct of

(a) self-preservation

(b) self-respect

(c) self-sufficiency

(d) self-reliance.

73. The right to private defence is

(a) unrestricted

(b) subject to restriction contained in section 99 of IPC

(c) subject to restrictions contained in Chapter IV of IPC

(d) subject to restrictions contained in any other provision of IPC.

74. Right to private defence is

(a) available under all circumstances

(b) available where there is time to have the recourse to the protection of public authorities

(c) available where there is no time to have recourse to the protection of public authorities

(d) all of the above.

75. The law on private defence in India

(a) is the same as in England

(b) is narrower than the one in England

(c) is wider than the one in England

(d) none of the above.

76. 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.

77. Under section 98 right to private defence also is available against a

(a) person of unsound mind

(b) person who does not have maturity of understanding

(c) both (a) & (b)

(d) neither (a) nor (b).

78. Every person has a right of private defence of his own body and the body of any other person against any offence affecting the human body, has been provided

(a) under section 96 of IPC

(b) under section 97 of IPC

(c) under section 98 of IPC

(d) under section 99 of IPC.

79. Every person has a right of private defence of his property or of any other person against certain offences affecting the property, has been provided

(a) under section 95 of IPC

(b) under section 96 of IPC

(c) under section 97 of IPC

(d) under section 98 of IPC.

80. Right of private defence is not available

(a) to the aggressor

(b) to the person who is attacked

(c) to the aggressor against an act done in private defence by the person attacked

(d) only (a) & (c) are correct.

81. In a case of free fight between two parties

(a) right of private defence is available to both the parties

(b) right of private defence is available to individuals against individual

(c) no right of private defence is available to either party

(d) right to private defence is available only to one party.

82. Under section 99, the right of private defence is

(a) not available at all against public servants engaged in the discharge of their lawful duties

(b) available under all circumstances against public servants engaged in the discharge of their lawful duties

(c) available against public servants only when their acts cause reasonable apprehension of death or grievous hurt

(d) available against public servants only when their acts cause reasonable apprehension of damage to property.

83. Right to private defence under section 99

(a) extends to causing more harm than is necessary for the purpose of defence

(b) does not extend to causing more harm than is necessary for the purpose of defence

(c) does not extend to causing the harm necessary for the purpose of defence

(d) restricts the harm caused to be less than the one necessary for the purpose of defence.

84. Right of private defence extends to causing death, under the circumstances laid down in

(a) sections 100 & 101 of IPC

(b) sections 101 & 102 of IPC

(c) sections 102 & 103 of IPC

(d) sections 100 & 103 of IPC.

85. Right of 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) section 103 of IPC.

86. Right of private defence of property extending to causing death has been dealt with under

(a) section 103 of IPC

(b) section 102 of IPC

(c) section 101 of IPC

(d) section 100 of IPC.

87. In cases of assault causing reasonable apprehension of death or of grievous hurt, the right of private defence extends voluntarily

(a) causing grievous hurt

(b) causing death

(c) causing any harm other than death

(d) causing any harm other than death or grievous hurt.

88. In cases of assault with intention of committing rape or of gratifying unnatural lust, the right of private defence extends voluntarily

(a) causing any harm including death

(b) causing any harm other than death

(c) causing any harm other than grievous hurt

(d) both (b) & (c).

89. In cases of kidnapping & abduction the right of private defence extends voluntarily causing

(a) any harm other than death

(b) any harm other than death & grievous hurt

(c) any harm including death

(d) both (a) & (b).

90. In cases of robbery or dacoity, the right of private defence extends voluntarily causing

(a) any harm including death

(b) any harm other than death

(c) any harm other than grievous hurt

(d) both (b) & (c).

91. Where a wrong doer commits house breaking by night, the right to private defence extends to voluntarily causing

(a) any harm other than death

(b) any harm including death

(c) any harm other than death and grievous hurt

(d) either (a) or (c).

92. Where a wrong leads to mischief by fire on a building used as a human dwelling or a place for custody of property the right of private defence extends voluntarily causing

(a) any harm including death

(b) any harm other than death

(c) any harm other than death & grievous hurt

(d) either (b) or (c).

93. Under section 102 of IPC the right to private defence of the body

(a) commences as soon as a reasonable apprehension of danger to the body arises and continues as long as that apprehension continues

(b) commences as soon as a reasonable apprehension of danger to the body arises and continues even after that apprehension ceases

(c) commences only when the assault is actually done & continues during the period of assault

(d) commences only when the assault is actually done & continues after the assailant has left.

94. Under section 105 of IPC, the right of private defence of property in cases of theft commences when a reasonable apprehension of danger to the property commences and

(a) continues till the offender has effected his retreat with the property

(b) continues till the assistance of public authorities is obtained

(c) continues till the property has been recovered

(d) all the above.

95. Section 106 of IPC extends the right of private defence, in case of apprehension of death, to causing

(a) any harm other than death to any innocent person

(b) any harm other than grievous hurt to any innocent person

(c) any harm including death to any innocent person

(d) none of the above.

96. Chapter V of Indian Penal Code deals with

(a) abetment

(b) attempt

(c) elections

(d) religion.

97. 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.

98. Section 97 of IPC extends the right of private defence of property, to the offence of

(a) cheating

(b) misappropriation

(c) theft & robbery

(d) criminal breach of trust.

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

(a) instigation

(b) conspiracy

(c) intentional aid

(d) all the above.

100. Abettor is a person

(a) who commits the offence

(b) who instigates the commission of offence

(c) against whom the offence is committed

(d) who is innocent.