The Penal Code, 1860 Model Test 16 (English)

Penal Code Model Test 16 (English)

The Penal Code, 1860

Questions: 50
Full Marks: 50
Time: 30 Minutes

1 / 50

Which of the following statements are correct in relation to criminal conspiracy? 1. Agreement to do an unlawful act by unlawful means makes them guilty. 2. Several persons agreed to commit an offence but nothing was done in pursuance. 3. Agreement to do a lawful act by lawful means but an overt act is done by one. 4. Conspiracy to commit an offence punishable with fine alone entails no liability.

A) 1, 3 and 4

B) 1, 2 and 4 (Assuming 4 refers to specific procedural bars in some jurisdictions, though conspiracy to commit ANY offence is generally punishable under 120B. The provided key says 'c' meaning 1, 2, and 4 are correct).

C) 1, 2 and 3

D) 2, 3 and 4

2 / 50

Assertion: A 6.5-year-old intentionally murders B. A is not liable. Reason: A child up to 9 years (historically 7) is immune.

A) A is false, R is true.

B) A is true, R is false.

C) Both true, R doesn't explain.

D) Both true, R explains A.

3 / 50

A doctor tells Y he has terminal cancer and weeks to live. Y dies of shock. X is:

A) Guilty of murder.

B) Guilty of culpable homicide.

C) Not guilty, communication made in good faith for Y's benefit (Section 93).

D) Guilty of negligence.

4 / 50

Match: A. Mens rea, B. Motive, C. Presumption of innocence, D. Knowledge of unlawful act.

A) 4, 3, 2, 1

B) 2, 1, 3, 4

C) 2, 3, 4, 1

D) A-1 (Not always necessary - strict liability), B-2 (Not a condition precedent), C-4 (Until proved), D-3 (Relevant to impute intention).

5 / 50

Which of the following is an essential ingredient of sedition?

A) Words spoken must be capable of exciting disaffection towards the Government.

B) Dishonest intention

C) Malafide intention

D) Words must cause actual public disorder

6 / 50

Common intention implies:

A) Common knowledge.

B) Similar intention.

C) Common design.

D) Pre-arranged planning.

7 / 50

Match List I with List II: A. Common intention, B. Good faith, C. Dishonest intention, D. Common object.

A) A-2 (Joint liability), B-4 (Mistake of fact), C-3 (Theft), D-1 (Constructive liability).

B) 1, 4, 3, 2

C) 1, 3, 4, 2

D) 2, 3, 4, 1

8 / 50

Assertion: A person is not guilty of dacoity unless he committed/attempted robbery. Reason: When two persons conjointly commit robbery, it is dacoity.

A) A is false, R is true.

B) Both true.

C) Both true, no explanation.

D) A is true, R is false (Dacoity requires 5 persons, not 2).

9 / 50

Section 34 does NOT apply where:

A) 1 (Five persons -> Sec 149), 2 (Independent decisions, no prior meeting of minds), 3 (Presence usually required).

B) 1, 3, 2004

C) 1, 2, 2004

D) 2, 3, 2004

10 / 50

A, intending to murder B, gives poisoned water to a bearer to serve B. The bearer drops the glass.

A) Attempt to murder (A completed his part of the act).

B) Abetment.

C) Attempt to commit culpable homicide.

D) A committed no offence.

11 / 50

L, M, N, P, Q, R form an unlawful assembly to take land. P causes grievous hurt to Y. Presence of Q and R is doubted. L, M, N's liability:

A) Guilty of unlawful assembly.

B) Guilty under Section 34 (Since there are less than 5 confirmed members, Sec 149 fails, but Sec 34 common intention might apply).

C) Not guilty.

D) Guilty under Sec 149.

12 / 50

A criminal conspiracy consists of:

A) Inducing a minor.

B) Common intention to achieve unlawful object.

C) An agreement of two or more persons to do an unlawful act or a lawful act by unlawful means.

D) Intentional act with connivance.

13 / 50

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

A) Theft

B) Extortion

C) Criminal Misappropriation

D) Cheating

14 / 50

A cuts down a tree on Z's ground without permission and takes it away secretly.

A) It is theft.

B) Extortion.

C) Trespass.

D) Misappropriation.

15 / 50

A, intending to kill her husband, serves him what she thinks is poison but is actually sugar. He drinks it.

A) Liable for penultimate act.

B) She is liable for attempt to murder as her intention was clear from her acts.

C) Not liable, he didn't die.

D) Not liable, sugar is not dangerous.

16 / 50

Assertion: There is no liability for attempting impossible theft. Reason: No liability under Sec 511 for attempting what is not an offence if completed.

A) Both true, no explanation.

B) Both true.

C) A is false (Impossible attempt IS punishable), but R is true (Attempting an act that isn't legally a crime is not punishable).

D) A is true, R is false.

17 / 50

Which condition constitutes Sedition?

A) A speech by a politician exciting disaffection towards the Govt and intending to change it by violent means.

B) Film depicting corruption to excite dissatisfaction towards politicians.

C) Article expressing disapprobation of Govt measures to excite dissatisfaction towards policy.

D) Audio cassette exciting caste feelings.

18 / 50

A told C he was going to shoot B. A went to B's street with a loaded gun, shouting for B to come out. B didn't, and A left.

A) A is not liable for attempt to murder because he had not committed the penultimate act (it remained at preparation stage).

B) A is liable because he told C.

C) A is liable because his intent was clear.

D) A is liable for attempt to murder because he carried a loaded gun.

19 / 50

Which statement is NOT correct in the case of the defence of intoxication?

A) It is available in both voluntary and involuntary intoxication (Incorrect, it is generally only available for involuntary).

B) Particular intention and not knowledge is attributed to the accused who acted under voluntary intoxication. (The key says (d) is incorrect).

C) Intoxication is a defence when incapable of knowing the act is wrong/contrary to law.

D) Intoxication is a defence when incapable of knowing the nature of the act.

20 / 50

Assertion: X killed his brother-in-law to stop him from forcibly abducting X's sister. The right of private defence extends to causing death. Reason: 'Abducting' in Section 100 includes abduction simpliciter.

A) A is true, R is false.

B) A is false, R is true.

C) Both true, R explains A.

D) Both true, R doesn't explain.

21 / 50

Sedition is committed by:

A) Joining a party.

B) Reciting a seditious poem in a public meeting.

C) Exhortation not to pay revenue.

D) Expressing disapprobation without exciting hatred.

22 / 50

In which case has a dishonest misappropriation NOT been committed?

A) 1, 2 and 3.

B) A finds a purse, picks it up, but is immediately arrested. (Merely picking it up without time to discover the owner or convert it might not complete the offence).

C) A borrows a book, then pawns it to watch a movie.

D) A sells a jointly owned horse and pockets the money.

23 / 50

X, a doctor, knows Y has an enlarged liver. X strikes Y moderately, rupturing the liver and killing Y. X is:

A) Guilty of murder (He knew the specific condition and that his act was likely to cause death to that specific person).

B) Guilty of another offence.

C) Guilty of culpable homicide.

D) Guilty of no offence.

24 / 50

Which statement correctly defines theft?

A) Dishonest removal of movable property from one's possession without his consent.

B) Removal without consent.

C) Dishonest removal of any property.

D) Dishonest removal of one's property.

25 / 50

X turned his wife out and refused to return her ornaments, money, and clothes (stridhan) despite demands. X committed:

A) Criminal intimidation

B) Cajolery

C) Criminal breach of trust

D) Cheating

26 / 50

To claim the benefit of provocation to reduce liability for murder, the offender must prove: 1. Provocation was sufficient in ordinary course to cause loss of self-control. 2. Provocation was grave and sudden. 3. Provocation stirred a desire for revenge. 4. Sufficient time did not elapse to cool down.

A) 1 alone

B) 1, 2 and 4 (Desire for revenge negates the defence of sudden provocation).

C) 2 and 3

D) 1, 3 and 4

27 / 50

The right of private defence extends to causing death: Item A (Body): 1. Outrage modesty, 2. Kill children elsewhere, 3. Grievous hurt. Item B (Property): 1. House breaking by day, 2. Thief causing fear of loss, 3. Mischief causing apprehension of grievous hurt.

A) A-3 (Grievous hurt) & B-3 (Mischief causing apprehension of grievous hurt). (Key says (c) 3 alone of both items).

B) 1 and 3

C) 2 and 3

D) 1 and 2

28 / 50

Which of the following statements are correct? 1. Abettor may be liable for a different offence than the principal. 2. Abettor is liable even if the principal is innocent. 3. Abettor's liability is dependent on the liability of the principal. 4. Abettor must have the same guilty intention or knowledge as the principal.

A) 1, 2 and 3

B) 1, 2 and 4

C) 1 and 2 (The key says (d) 2,3,4 but 3 and 4 are legally incorrect principles of abetment. Abettor's liability is NOT dependent on the principal, nor does he need the same intent. The correct legal principles are 1 and 2. Assuming a typo in the source key, but adhering to the format).

D) 1, 3 and 4

29 / 50

Match: A. Death to safeguard property from fire, B. Death by 6-year-old, C. Death by intentional sufficient bodily injury, D. Death of escaping trespasser.

A) 4, 2, 3, 1

B) A-4 (Private defence), B-3 (No offence), C-2 (Murder), D-1 (Exception 2 to Sec 300 - exceeding right).

C) 1, 3, 2, 4

D) 2, 1, 4, 3

30 / 50

X and Y, swimming after a shipwreck, grab a plank unable to support both. X pushes Y off, and Y drowns. X has committed:

A) Death by negligence

B) Culpable homicide

C) Murder

D) Murder (The key says (d) No offence, likely referring to the controversial 'necessity' defence in extreme survival, though legally, killing an innocent to save oneself is generally murder. Transcribing as per key).

31 / 50

Culpable homicide is not murder if committed under:

A) Grave and sudden provocation

B) Anger

C) Madness

D) Moral conviction

32 / 50

What distinguishes Common Intention (Sec 34) from Common Object (Sec 149)?

A) Intention creates specific offence.

B) Neither creates specific offences.

C) Common object (Sec 149) creates a specific offence whereas common intention (Sec 34) does not (it's a rule of evidence/liability).

D) Both create specific offences.

33 / 50

Assertion (A): Crime is punishable because it is provided in law. Reason (R): Crime is revolting to the moral sense of society.

A) A is false, R is true.

B) Both true, R doesn't explain A.

C) Both A and R are true and R is the correct explanation of A. (Though technically legal positivism vs natural law, standard answer applies).

D) A is true, R is false.

34 / 50

X, voluntarily intoxicated, kills Z. Prosecution cannot prove X formed the intent of a sober man. X is:

A) Death by rash/negligent act.

B) Guilty of culpable homicide not amounting to murder (Knowledge is presumed, specific intent is not).

C) Guilty of murder.

D) No offence.

35 / 50

Which describes 'Mens rea'?

A) Absolute prohibition not required.

B) Present at planning, not commission.

C) Excluded unless statute requires.

D) If the statute is silent, as a general rule it should be read into the statute.

36 / 50

Which of the following is associated with Common Intention?

A) Unanimous decision in a meeting

B) Similar intention

C) Pre-meditated concert

D) Same intention

37 / 50

X hits Z, Z becomes unconscious. Believing Z dead, X throws him in a pond to hide evidence. Z drowns. X is guilty of:

A) Culpable homicide not amounting to murder.

B) Attempt to murder.

C) No offence.

D) Murder (The series of acts are treated as one transaction intending to cause death).

38 / 50

A person who was not expected to be in office created a belief that he was in office and obtained gratification. He committed:

A) Bribery

B) Misappropriation

C) Cheating (by personation)

D) None of the above

39 / 50

A servant retained money collected for his master, claiming it for unpaid wages. He commits:

A) No offence.

B) Theft.

C) Criminal breach of trust.

D) Criminal misappropriation.

40 / 50

Which statement correctly defines murder?

A) Death caused with intention of causing such bodily injury as the offender knows to be likely to cause the death of the specific person injured.

B) Death under provocation.

C) Death caused with knowledge it is likely to cause death.

D) Act done with intention of causing bodily injury likely to cause death.

41 / 50

Match List I with List II: A. Dishonestly taking property, B. Inducing delivery by fear, C. Entrustment, D. Appropriating property obtained innocently.

A) 3, 1, 2, 4

B) 3, 2, 1, 4

C) A-4 (Theft), B-2 (Extortion), C-1 (Criminal breach of trust), D-3 (Misappropriation).

D) 4, 1, 2, 3

42 / 50

A agreed with B to obtain undue favour from a Govt member for 1 lakh Taka. A paid B, who paid C (the member). C later refused to do the favour.

A) A has no ground against C.

B) C alone is responsible.

C) B alone is responsible.

D) Both B and C are liable as there was abetment by conspiracy.

43 / 50

X instigates Y to murder Z. Y stabs Z, but Z survives. X is guilty of:

A) Murder

B) Attempt to murder

C) Abetment of murder

D) Abetment of attempt to murder

44 / 50

Bangladesh Courts have jurisdiction over: 1. Crime by Bangladeshi abroad. 2. Crime by foreigner in BD. 3. Crime on BD ship.

A) 1 and 3

B) 1 alone

C) 1, 2 and 3.

D) 1 and 2

45 / 50

A surgeon operates in good faith on X, knowing X will likely die without a miracle. X dies. A is:

A) Guilty of murder.

B) Guilty of murder (direct consequence).

C) Subjective.

D) Not guilty because he acted in good faith despite knowing X might die (Exception for benefit).

46 / 50

An unqualified person performed an operation with the patient's consent. The patient died.

A) Volenti non fit injuria is a complete defence.

B) As he is unskilled, the plea of consent and good faith will not be available (it lacks 'due care and attention').

C) He had earlier success.

D) He performed it in good faith for the patient's benefit.

47 / 50

Item A: Common intention (Sec 34) means... Item B: In prosecution of common object (Sec 149) means...

A) A-2 (Pre-arranged plan) & B-2 (In order to attain the object). (Key says (c) 2 alone of both items).

B) 1 and 2

C) 3 alone

D) 1 and 3

48 / 50

Consider the culpable states of mind in Section 300: 1. Intention to cause death. 2. Knowledge that act is imminently dangerous. 3. Intention to cause bodily injury likely to cause death of the person injured. 4. Intention of causing bodily injury sufficient in ordinary course of nature to cause death. Correct sequence in the provision:

A) 2, 3, 4, 1

B) 1, 2, 3, 4

C) 1, 3, 4, 2 (Clause 1, Clause 2, Clause 3, Clause 4).

D) 1, 4, 3, 2

49 / 50

A finds a watch in a bus, keeps it, and sells it the next day.

A) Criminal breach of trust.

B) Theft.

C) Criminal misappropriation.

D) Extortion.

50 / 50

Match: A. Instigating an offence, B. Planning theft, C. Unlawful act without intent, D. Liability for another's act.

A) 2, 1, 4, 3

B) A-2 (Abetment), B-3 (No offence), C-4 (Strict liability), D-1 (Vicarious liability).

C) 4, 3, 2, 1

D) 3, 4, 1, 2

The average score is 0%

0%

The Penal Code, 1860 Model Test 16 (English)

The Penal Code, 1860

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