The Penal Code, 1860 Model Test 12 (English)

Penal Code Model Test 12 (English)

The Penal Code, 1860

Questions: 50
Full Marks: 50
Time: 30 Minutes

1 / 50

Under the Penal Code, who among the following is absolutely immune from committing theft?

A) A child below 12 years

B) None of the above

C) A child below 9 years of age (Historically 7, amended by Children Act 2013)

D) A child between 9 and 12 years with maturity

2 / 50

Which of the following is an INCORRECT essential element of the offence of extortion?

A) Intentionally putting a person in fear of injury to himself or to another.

B) The property is delivered to the extortionist as a means of avoiding injury.

C) Dishonestly inducing the person so put in fear to deliver any property or valuable security.

D) The property must always be a movable property. (Extortion applies to both movable and immovable property or valuable security).

3 / 50

An accused took out a Bangladesh Air Force plane for an authorized flight but afterwards flew it away to Pakistan. He is guilty of:

A) Criminal misappropriation of property.

B) Criminal breach of trust.

C) Theft (Moving it outside the authorized limits with dishonest intent constitutes theft).

D) Extortion.

4 / 50

A finds a watch on the floor of a bus as he leaves. He picks it up, keeps it, and sells it the next day without trying to find the owner. A is liable for:

A) Theft

B) Extortion

C) Criminal misappropriation of property

D) Criminal breach of trust

5 / 50

In cases of dishonest misappropriation, the initial possession of the property is often:

A) Dishonest

B) None of the above

C) Fraudulent

D) Innocent (or lawful, the dishonesty arises subsequently)

6 / 50

A, in good faith, believing property belonging to Z to be his own property, takes that property out of Z's possession.

A) A commits no theft as he does not take the property dishonestly.

B) A commits no theft because property belonging to Z was not taken from his possession.

C) A commits theft.

D) A commits no theft because he takes the property out of Z's possession.

7 / 50

The offence of extortion can be committed against:

A) All of the above.

B) Movable property.

C) Immovable property.

D) Valuable security.

8 / 50

The accused dropped a brass disk, about the size and shape of a coin, into the slit of a vending machine and thereby obtained a cigarette. He is guilty of:

A) No offence.

B) Extortion.

C) Criminal Breach of trust.

D) Theft.

9 / 50

X committed theft in a building. Z, the chowkidar, kept the gate open intentionally to facilitate X's safe retreat with the stolen property. Z is:

A) Not guilty of abetment

B) Guilty of theft

C) Guilty of theft by instigation

D) Guilty of abetment of theft by intentionally aiding

10 / 50

X and Y agree to commit theft in Z's house, but no theft is actually committed. They are guilty of:

A) Abetment by instigation

B) Abetment by conspiracy (requires an overt act)

C) No offence

D) Criminal conspiracy (The agreement itself is the offence)

11 / 50

A finds a ring lying on the road, not in the possession of any person. A, by taking it dishonestly, commits:

A) Theft.

B) Extortion.

C) Criminal breach of trust.

D) Criminal misappropriation of property.

12 / 50

The offence of theft is related to:

A) Immovable property only

B) Both movable and immovable property

C) Any valuable thing

D) Movable property only

13 / 50

Which of the following is correct?

A) Though water running in pipes is generally immovable/unconfined, once severed or controlled in pipes, it becomes movable and subject to theft.

B) Both (a) and (b).

C) For the offence of theft, the property must be movable.

D) None of the above.

14 / 50

A servant collected money owed to his master. He retained the money, claiming it was due to him as unpaid wages. He commits:

A) Theft

B) Criminal misappropriation

C) No offence

D) Criminal breach of trust (He was entrusted to collect and hand over the money)

15 / 50

A sees a watch belonging to Z lying on a table in Z's house. Not wanting to take it immediately to avoid detection, A hides the watch in a place from where it cannot be easily found. A commits theft when the watch is:

A) Hidden by A.

B) A does not commit theft but criminal breach of trust.

C) Intended by A to be the subject of theft.

D) First moved from its place.

16 / 50

A is the paramour of Z's wife. She gives A a gold ring which A knows belongs to her husband Z, and she has no authority to give it. A takes it dishonestly.

A) Z's wife commits theft.

B) None of the above.

C) A commits theft of the ring.

D) A does not commit theft.

17 / 50

Which statement correctly defines theft?

A) Removal of property from custody without consent

B) Dishonest moving of movable property out of the possession of any person without that person's consent

C) Dishonest removal of any property

D) Dishonest removal of one's property

18 / 50

Which statement correctly defines Criminal Breach of Trust?

A) None of the above.

B) Whoever dishonestly misappropriates any property for his own use.

C) Whoever, being entrusted with property, dishonestly misappropriates or converts it to his own use, commits criminal breach of trust. (The key says (b), which describes Criminal Misappropriation. Entrustment is key for CBT).

D) Whoever uses movable property in violation of a contract.

19 / 50

A threatens to publish a defamatory libel concerning B unless B gives him money. B complies. A commits:

A) Criminal intimidation

B) Theft

C) Robbery

D) Extortion

20 / 50

Dishonest intention must precede the act of taking in:

A) Criminal misappropriation (Intention can form later)

B) Theft (The initial moving must be with dishonest intent)

C) None of the above

D) Criminal breach of trust

21 / 50

A, being on friendly terms with Z, goes into Z's library in his absence and takes a book for the purpose of reading it, with the intention of returning it. Afterwards, A dishonestly decides to keep the book. A commits:

A) Attempt to commit theft.

B) Criminal misappropriation of property (Theft if he keeps it dishonestly, though the initial taking wasn't theft, the subsequent dishonest intention makes it misappropriation. The key says (b) Theft, which suggests the question intended the initial taking was dishonest, but 'afterwards' implies misappropriation. Following the key: Theft if he keeps the book dishonestly).

C) No offence.

D) Theft initially.

22 / 50

Which of the following is correct?

A) Immovable property becomes the subject of theft if it is severed from the earth

B) All of the above are correct statements regarding the transition from immovable to movable

C) Immovable property attached to the earth is not capable of being the subject of theft

D) Immovable property becomes the subject of theft as soon as it has been severed

23 / 50

A, being Z's servant and entrusted by Z with the care of Z's plate, dishonestly runs away with the plate. A commits:

A) Extortion.

B) Criminal breach of trust.

C) Theft. (A servant's possession is considered the master's possession, so moving it dishonestly is theft).

D) Criminal misappropriation of property.

24 / 50

A puts a bait for dogs in his pocket and thus induces Z's dog to follow it without Z's consent. A commits theft:

A) Commits theft as soon as Z's dog begins to follow A, provided A's intention is dishonest.

B) A commits criminal breach of trust.

C) Commits theft as soon as Z's dog begins to follow.

D) A commits no theft.

25 / 50

Extortion has the following ingredients:

A) Dishonestly inducing the person so put in fear to deliver any property or valuable security.

B) Both (a) and (b).

C) Intentionally putting a person in fear of injury to himself or another.

D) None of the above.

26 / 50

A owes money to Z for repairing a watch. Z retains the watch as security. A takes the watch out of Z's possession to deprive him of the security.

A) A and Z both commit theft of each other's property.

B) A does not commit theft.

C) A commits theft if he takes it dishonestly.

D) Z commits theft.

27 / 50

Which of the following is correct?

A) All of these.

B) A person can be convicted of stealing his own property if he takes it dishonestly from another's lawful possession (e.g., from a bailee/pledgee).

C) A person can always be convicted of stealing his own property.

D) A person cannot be convicted of stealing his own property.

28 / 50

A cuts down a tree on Z's ground intending to dishonestly take it without Z's consent. A has committed theft:

A) As soon as he starts cutting the tree

B) As soon as the tree is completely severed from the earth (It becomes movable property)

C) As soon as he intends to cut it

D) None of the above

29 / 50

Which of the following is an essential element of criminal breach of trust?

A) The property must be immovable

B) Entrustment (which creates a fiduciary or contractual duty)

C) Transfer of absolute possession

D) Taking by fraudulent means

30 / 50

Which of the following is correct regarding the offence of theft?

A) It is not necessary that the taking must cause wrongful gain to the person taking it or wrongful loss to the owner. (Wrongful loss is sufficient).

B) There must be a dishonest intention of taking.

C) None of the above.

D) Both (a) and (b).

31 / 50

A person who was not a public servant created a false belief that he was in office and obtained gratification. He committed:

A) Cheating (by personation)

B) Misappropriation

C) Extortion

D) Bribery

32 / 50

The offence of theft becomes robbery when, in order to commit theft, the offender voluntarily causes or attempts to cause:

A) Mischief

B) Acts by 5 or more persons

C) Force

D) Death, hurt, or wrongful restraint, or fear of instant death, instant hurt, or instant wrongful restraint

33 / 50

Extortion is defined in:

A) Section 384

B) Section 383

C) Section 390

D) Section 387

34 / 50

For the offence of theft, the thing stolen must be of what value?

A) Any value, even minimal (The law takes no account of trifles, but theft of any movable property is technically theft regardless of strict monetary threshold, though Sec 95 might apply to dust/water). The key says (d) All of the above.

B) Of Rs. 200/- in value.

C) Of some appreciable value.

D) Of Rs. 5/- in value.

35 / 50

A is invited by B for tea. A finds a gold ring on the table, picks it up, and hides it in the room intending to take it later. A commits:

A) Theft (The act of moving the property dishonestly completes the theft, even if not yet taken out of the house. The provided key says (b) Extortion, which is clearly wrong. The correct legal answer is Theft.)

B) Extortion

C) No offence

D) Attempt to commit theft

36 / 50

X turned his wife out of the house and refused to return her ornaments and clothes (her stridhan) despite demands. X has committed:

A) Criminal breach of trust (Misappropriating property entrusted to him by marriage)

B) Cheating

C) No offence

D) Criminal intimidation

37 / 50

X and Y were traveling. X handed his ticket to Y to check. Y pretended to return X's ticket but substituted it with his own invalid one, keeping X's valid ticket. Y committed:

A) Criminal misappropriation (or Cheating, but misappropriation of the entrusted ticket fits well; key says (c))

B) Extortion

C) Theft

D) Cheating

38 / 50

For the offence of theft, the taking/deprivation of property should be:

A) Temporary.

B) Permanent.

C) Either permanent or temporary.

D) Neither permanent nor temporary.

39 / 50

A meets Z on the road and demands his belongings under threat of instant hurt. While Z delivers his purse, A forcefully snatches Z's gold chain. A commits:

A) Robbery by theft as well as robbery by extortion

B) Extortion (for the purse) and Robbery (by theft for the chain). The key says (a) Extortion, but practically it's Robbery on both counts due to instant threat and presence.

C) Robbery by theft only

D) Robbery by extortion only

40 / 50

Which of the following is an INCORRECT ingredient of theft?

A) Property must be taken out of someone's possession without consent

B) The taking must be with the intention to retain the property permanently (Temporary deprivation is sufficient for theft)

C) There must be some moving of the property

D) Dishonest intention to take movable property

41 / 50

Which of the following is an illustration of the offence of extortion?

A) A threatens B that he will kidnap his son unless B gives Rs. 500 to C within 48 hours. B complies.

B) A takes B's child and threatens to fling it down a precipice unless B delivers his purse. B complies. (This is Robbery).

C) A, in snatching a nose ring, wounded a woman. (This is Robbery).

D) A meets B on the high road, shows a pistol and extracts B's purse. (This is Robbery).

42 / 50

Point out the INCORRECT statement regarding theft:

A) It is done without consent

B) It involves taking out of possession

C) It requires dishonest intention

D) Theft can consist of taking immovable property

43 / 50

A had an affair with Z's wife. She gives A valuable property belonging to Z without Z's authority. A takes it dishonestly. A commits:

A) Extortion

B) Criminal breach of trust

C) Theft and breach of trust

D) Theft

44 / 50

Which of the following statements is generally correct in criminal law?

A) None of the above

B) An innocent agent is liable for the principal's fraud

C) An innocent principal is always liable

D) An innocent principal is not vicariously liable for the criminal fraud of his agent (unless strict liability applies)

45 / 50

Which conclusion can be drawn from 'De minimis non curat lex'?

A) A child under 9 commits no offence

B) The law does not take account of trifling acts (Trifling acts do not constitute an offence)

C) Necessity knows no law

D) Every person is liable for his own acts

46 / 50

Which statement correctly distinguishes theft from extortion?

A) In theft property is taken without consent; in extortion property is delivered by the victim due to intentionally created fear.

B) In theft there is dishonest intention, in extortion there is not.

C) In theft there is dishonest intention, in extortion it is fraudulent.

D) In extortion there is dishonest intention, in theft there is not.

47 / 50

Robbery becomes dacoity when committed conjointly by:

A) 5 or more persons

B) None of the above

C) 2 persons

D) 3 or 4 persons

48 / 50

A puts his scooter in B's garage on a foggy night. B finds it and removes it to the side of the road.

A) B committed theft

B) B is liable for mischief

C) B committed no offence as he acted to protect his property (removed trespassing goods without dishonest intent)

D) B committed trespass to goods

49 / 50

The offence of theft relates to:

A) Movable property only

B) Both movable and immovable

C) Immovable property only

D) Intangible property only

50 / 50

Which of the following is an INCORRECT illustration of theft?

A) A takes his own bundle from a constable who was accountable for it

B) A cuts down a tree on B's land to dishonestly take it

C) A mail-sorter secretes a letter to share the collections

D) A takes B's stick out of his hand in order to beat him with it (This is assault/criminal force, not theft, as there is no intent to wrongfully deprive B of the property itself)

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The Penal Code, 1860

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