The Penal Code, 1860 Model Test 17 (English)

Time Allowed30 Minutes

Total Questions50 MCQs

Total Marks50 Marks

Negative Marking-0.25 Marks

Qualifying Mark50% Pass

📜 Candidate Examination Guidelines (Click to expand)

The real-time countdown timer starts as soon as you begin the test.
Carefully select one correct option for each multiple-choice question.
A negative penalty of 0.25 marks is deducted for each incorrect answer.
Click Submit / Finish upon completion to review your immediate OMR scorecard and statutory explanations.

Time limit: 30 minutes. Complete the test within time.

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Penal Code Model Test 17 (English)

The Penal Code, 1860

Questions: 50
Full Marks: 50
Time: 30 Minutes

1 / 50

A inserts his hand into B's pocket to steal, but finds it empty. A is guilty of:

A) Attempt to commit theft.

B) Mischief.

C) No offence.

D) Abetment of theft.

2 / 50

To claim benefit of Section 84 (Insanity), it must be proved the accused was incapable of knowing:

A) 1 (Nature of the act) and 2 (That the act is wrong or contrary to law).

B) 3 and 4.

C) 1 (Nature of act) and 4.

D) 2 and 3.

3 / 50

A surgeon in good faith tells a patient he cannot live. The patient dies of shock. A is guilty of:

A) Murder

B) Culpable homicide

C) No offence (Sec 93).

D) Negligence

4 / 50

A drops a child from a burning house to people holding a blanket, intending in good faith to save the child. The child dies from the fall. A commits:

A) Murder

B) No offence (Section 92).

C) Culpable homicide as an exception

D) Culpable homicide not amounting to murder

5 / 50

Which is punishable as sedition?

A) Bitter criticism to overthrow.

B) Publicist attack on policies.

C) Inducing people to cease to obey law and lawful authority (by exciting disaffection).

D) Attempt to remove ministers.

6 / 50

An employer deducts PF contributions from employees' salaries but fails to credit them to the fund. He commits:

A) Criminal breach of trust

B) Criminal misappropriation

C) Theft

D) Cheating

7 / 50

Which statement correctly describes clause 'thirdly' of Section 300?

A) Knowledge that the act is likely to cause death.

B) It must be shown the accused intended the very injury present.

C) Nature of injury need not be proved.

D) Intention to cause bodily injury sufficient in the ordinary course of nature to cause death.

8 / 50

Public nuisance:

A) Affects a person.

B) Materially affects the reasonable comfort and convenience of life of a class of subjects who come within its sphere/neighborhood.

C) Affects life of subjects.

D) Unlawful interference with land use.

9 / 50

Which statement correctly defines abetment (by aiding)?

A) Liability dependent on principal.

B) The abettor has intentionally aided the principal accused in the commission of the offence.

C) Wilful misrepresentation.

D) Principal must have same intention.

10 / 50

A demands Z's belongings under instant threat of hurt. While Z delivers his purse, A snatches a gold chain from Z's neck. A commits:

A) Robbery by theft

B) Extortion

C) Robbery by extortion

D) Robbery by theft as well as robbery by extortion

11 / 50

Militants hiding in a house fire at police. Police fire back in self-defence, accidentally killing an innocent person in the house. Police are guilty of:

A) Murder.

B) No offence (Sec 106).

C) Culpable homicide.

D) Negligence.

12 / 50

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

A) Extortion

B) No offence

C) Attempt to commit theft

D) Theft (The act of moving completes the theft).

13 / 50

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

A) Not guilty

B) Guilty of theft

C) Guilty of abetment of theft by intentional aiding

D) Guilty of theft by instigation

14 / 50

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

A) Extortion

B) Criminal intimidation

C) Theft

D) Robbery

15 / 50

Consider statements: 1. Sec 34 requires 2 persons, Sec 149 requires 5. 2. Sec 34 requires common intention, Sec 149 common object. 3. Both require prior consent. 4. Both create specific offences. Which are correct?

A) 2 and 4

B) 2 and 3

C) 1 and 3

D) 1 and 2

16 / 50

Culpable homicide is not murder if:

A) Offender loses control by sought provocation.

B) Death caused through provocation by public servant.

C) The victim, being above 18, takes the risk of death with his own consent.

D) Offender exceeds legal powers with ill-will.

17 / 50

Which correctly defines murder (under Clause 4)?

A) Death caused by an act done with intention of causing bodily injury sufficient in ordinary course of nature to cause death.

B) Death under provocation.

C) Intent to cause bodily injury likely to cause death.

D) Knowledge that act is likely to cause death.

18 / 50

Assertion (A): The court can allow the right of private defence even if not pleaded by the accused. Reason (R): Accused claims it as a matter of right.

A) A is true but R is false (It is not an absolute right to be granted if evidence doesn't support it, but courts can consider it if evident from facts).

B) Both true, R explains.

C) A is false, R is true.

D) Both true, R doesn't explain.

19 / 50

A had consensual relations with Z's wife. She gave A valuable property of Z without Z's authority. A took it dishonestly. A commits:

A) Theft and CBT

B) Criminal breach of trust and misappropriation

C) Theft

D) Criminal breach of trust

20 / 50

Every person has a right to defend:

A) Own body against any offence.

B) Blood relatives' bodies.

C) Own and friends' bodies.

D) His own body and the body of any other person against any offence affecting the human body.

21 / 50

The general remedy in the law of tort is:

A) Specific restitution

B) Action for unliquidated damages.

C) Action for injunction

D) Action for damages

22 / 50

Distinction between Section 34 and 149:

A) Sec 149 creates a specific offence whereas Sec 34 does not

B) Neither creates specific offences

C) Both create specific offences

D) Sec 34 creates specific offence, 149 does not

23 / 50

Good faith' within the meaning of the Penal Code means an act done:

A) Under bona fide belief.

B) Honestly.

C) With due care and attention.

D) With actual belief it is lawful.

24 / 50

Preparation is not punishable generally because:

A) Absence of attempt

B) No nexus

C) There can be chances of change of mind (locus poenitentiae) before the commission.

D) Absence of intention

25 / 50

Match: A. Dishonestly taking property, B. Inducing delivery, C. Entrustment, D. Appropriating as bailee.

A) 3, 4, 1, 2

B) 1, 2, 3, 4

C) A-4 (Theft), B-2 (Extortion), C-1 (Criminal Breach of Trust), D-3 (Misappropriation/CBT depending on context, key says 3).

D) 2, 3, 4, 1

26 / 50

Conclusion from 'de minimis non curat lex':

A) Child under 9 commits no offence

B) Necessity knows no law

C) Trifling acts do not constitute an offence.

D) Everyone liable for own acts

27 / 50

Voluntary intoxication:

A) Is a weak defence (or generally no excuse for the commission of an offence, but the key says (b) weak defence. Legally, it's 'no excuse').

B) Reduces gravity.

C) Is no excuse.

D) Increases gravity.

28 / 50

Sedition means:

A) Exciting hatred through writing only.

B) Advocacy of boycott of foreign goods.

C) Bringing or attempting to bring the government into hatred or contempt, or exciting disaffection through words, signs, or visible representation.

D) Expressing disapprobation to obtain alteration.

29 / 50

Which statement correctly distinguishes theft from extortion?

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

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

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

D) In theft there is taking of property without consent; in extortion there is delivery of property by consent wrongfully obtained.

30 / 50

Which statement is true in relation to the offence of abetment?

A) It is not necessary that the offence for which abetment is alleged should have been committed.

B) The abettor should have been proved to have done something at the time of commission.

C) Unless the offence is successfully committed, there's no abetment.

D) A returning a licensed weapon is liable.

31 / 50

When a criminal act is done by several persons in furtherance of common intention, each is liable:

A) For abetment

B) For attempt

C) As if it was done by each one of them in singular capacity

D) Only for the part he has done

32 / 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 conspiracy

B) No offence

C) Criminal conspiracy

D) Abetment by instigation

33 / 50

Against which offence does the right of private defence of property extend to causing death?

A) Criminal trespass

B) Theft

C) Robbery

D) Criminal misappropriation

34 / 50

The offence of abetment by instigation is completed as soon as:

A) All the above acts have taken place

B) The person abetted has done some overt act

C) The abettor has incited another person to commit an offence

D) The offence abetted has been committed

35 / 50

Culpable homicide is not murder if it is committed:

A) With the consent of the victim who has completed 18 years. (Exception 5 to Sec 300).

B) Under madness.

C) In anger.

D) With the consent of the victim who has completed 12 years.

36 / 50

A cuts down a tree on B's land to dishonestly take it without consent. A commits:

A) Theft as soon as the tree is severed.

B) Criminal breach of trust.

C) No offence until taken away.

D) Criminal misappropriation.

37 / 50

A took away three cows of B without consent and distributed them to B's creditors. A is:

A) Guilty of misappropriation.

B) Guilty of theft (Causing wrongful loss to B is sufficient, even if A had no wrongful gain).

C) Not guilty of theft.

D) Guilty of extortion.

38 / 50

"Actus non facit reum nisi mens sit rea" means:

A) To constitute a crime there must be actus reus and mens rea.

B) Mens rea is essential, no crime without it.

C) Actus reus is not always necessary.

D) Criminal liability always implies mens rea.

39 / 50

X obtains property from Z by saying, "Your child is in the hands of my gang and will be put to death unless you send 10 lac rupees". X commits:

A) Theft

B) Extortion

C) Criminal breach of trust

D) Robbery

40 / 50

Which statement correctly defines criminal breach of trust?

A) Whoever uses movable property in violation of law.

B) Whoever dishonestly misappropriates property for his own use.

C) Whoever is entrusted with property or dominion over property, dishonestly misappropriates or converts it to his own use.

D) None of the above.

41 / 50

The offence of theft becomes robbery when it is:

A) Coupled with force

B) Committed by 5 or more persons

C) Committed by 2 to 4 persons

D) Coupled with imminent danger to life/hurt/wrongful restraint to commit the theft or carry away property.

42 / 50

Nothing is an offence which is done by a child who is:

A) 6-year-old

B) 18-year-old

C) 100-year-old

D) 12-year-old

43 / 50

A instigates his 6-year-old daughter B to take C's purse.

A) Both commit no offence.

B) A commits no offence, B commits theft.

C) B commits theft, A abets.

D) B does not commit any offence (due to infancy), but A commits abetment of theft.

44 / 50

Z, intending to steal, opened Y's box and found it empty. Z is:

A) Not liable as commission was impossible.

B) Not liable as he didn't do the penultimate act.

C) Not guilty as it was only preparation.

D) Guilty of attempt to commit theft as he had the intention and did an act towards it.

45 / 50

Criminal conspiracy is an agreement between two or more persons to:

A) Do an illegal act.

B) Do an act which is illegal by illegal means.

C) Commit an offence.

D) Do or cause to be done an illegal act, or an act which is not illegal by illegal means.

46 / 50

Assertion (A): There is either theft or extortion in robbery. Reason (R): Theft or extortion precedes robbery.

A) A is true, R is false.

B) Both true, R doesn't explain.

C) A is false, R is true.

D) Both A and R are true and R is the correct explanation of A.

47 / 50

Z takes his wife's gold chain (given by her father) without her consent and pledges it for domestic use. Z is:

A) Guilty of theft.

B) Not guilty, temporary taking.

C) Guilty of misappropriation.

D) Not guilty, joint property.

48 / 50

A police constable used third-degree measures on a person under orders of his superior, resulting in loss of an eye. Which is a ground for defence?

A) Fear of suspension.

B) Order of superior (illegal orders are no defence).

C) Fear of losing job.

D) Torture committed on account of fear of instant death (Compulsion under Sec 94).

49 / 50

The principle of proximity to crime under criminal law is irrelevant while deciding the liability for:

A) Kidnapping and abduction

B) Abetment and conspiracy

C) Theft and dacoity

D) Culpable homicide and murder

50 / 50

Assertion: A instigates B to take Z's property, making B believe it belongs to A. B takes it in good faith. A is guilty of abetment even if B is innocent. Reason: Liability of abettor is not dependent on liability of principal.

A) A is false, R is true.

B) Both true, R doesn't explain.

C) Both true, R explains A.

D) A is true, R is false.

The average score is 0%

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The Penal Code, 1860 Model Test 17 (English)

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