The Penal Code, 1860 Model Test 2 (English)

Penal Code Model Test 2 (English)

The Penal Code, 1860

Questions: 50
Full Marks: 50
Time: 30 Minutes

1 / 50

A is unconscious after an accident. A surgeon performs an operation in good faith to save A, but A dies. The surgeon is prosecuted.

A) The surgeon committed murder

B) The surgeon committed an offence

C) The surgeon is liable for negligence

D) The surgeon is not liable because it was done in good faith for A's benefit and consent could not be obtained

2 / 50

Under Section 76, nothing is an offence which is done by a person who, by reason of:

A) Mistake of law, believes himself bound by law

B) Mistake of fact, believes himself right

C) Mistake of fact, in good faith believes himself to be bound by law to do it

D) Mistake of law in good faith

3 / 50

Under Section 46 of the Penal Code, 'death' denotes:

A) None of the above

B) Death of a human being

C) Death of a human being and an animal

D) Death of an animal

4 / 50

Under Section 65 of the Penal Code, the sentence of imprisonment for non-payment of fine shall be limited to:

A) None of the above

B) One-half of the maximum term

C) One-fourth of the maximum term of imprisonment fixed for the offence

D) One-third of the maximum term of imprisonment fixed for the offence

5 / 50

Four accused with a common intention to kill M shoot R in the bona fide belief that R was M.

A) All accused are guilty of causing death

B) Only the one whose bullet hit R is liable

C) Section 34 does not apply in this case

D) None are liable

6 / 50

The right of private defence is NOT available:

A) To the aggressor

B) None of the above

C) To a public servant

D) To the person attacked

7 / 50

Voluntary intoxication:

A) Reduces the gravity of the offence

B) Is a weak defence

C) Makes an offence more serious

D) Is no excuse for the commission of an offence

8 / 50

The expression 'harm' used in Section 81 of the Penal Code means:

A) Physical injury only

B) Moral wrong

C) Hurt

D) Injury or damage (to person or property)

9 / 50

In the Penal Code, 'Good faith' means an act done:

A) Honestly, whether negligently or not

B) Without malice

C) With due care and attention

D) With an actual belief that it is lawful

10 / 50

Section 84 of the Penal Code provides for:

A) All of the above

B) Medical insanity

C) Legal insanity

D) Moral insanity

11 / 50

"Common intention" under Section 34 means:

A) Pre-concert of minds

B) Coincidental intention

C) None of the above

D) Similar intention

12 / 50

In the above case (previous question), the liability of the others is:

A) None of the above

B) All except D are guilty of murder

C) All of them (A, B, C & D) are guilty of causing death

D) Only A & B are guilty of murder

13 / 50

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

A) An 18-year-old girl

B) A 9-year-old boy (historically 7)

C) A 12-year-old girl

D) Under 7 years of age (historically), now under 9 years

14 / 50

The extent to which the right of private defence of body causing death can be exercised is laid down in:

A) Section 95

B) Section 101

C) Section 100

D) Section 99

15 / 50

Section 76 and Section 79 of the Penal Code provide the general exception of:

A) Mistake of law

B) Neither

C) Both mistake of law and fact

D) Mistake of fact

16 / 50

The right to private defence is available:

A) Where there is time to have recourse to public authorities

B) None of the above

C) Under all circumstances

D) Where there is no time to have recourse to the protection of public authorities

17 / 50

Which of the following is an INCORRECT requirement for the defence of mistake of fact under Section 76?

A) The belief must be in good faith

B) The belief must be by reason of a mistake of fact

C) The mistake may either relate to a fact or to law

D) The act must be done by a person believing himself bound by law

18 / 50

A court officer is ordered to arrest P. Believing Q to be P after reasonable inquiry, he arrests Q. A is guilty of:

A) Wrongful restraint

B) Wrongful confinement

C) Illegal arrest

D) No offence

19 / 50

According to Sec. 79, nothing is an offence which is done by any person who is justified by law and who by reason of mistake of fact in good faith believes himself to be:

A) None of the above

B) Bound by law in doing it

C) Right in doing it

D) Justified by law in doing it

20 / 50

A hangman who hangs a prisoner pursuant to a court order is exempt from criminal liability by virtue of:

A) Section 76

B) Section 78

C) Section 80

D) Section 77

21 / 50

The defence of insanity in the Penal Code is developed based on:

A) McNaughten's Rules

B) Irresistible impulse

C) Equivocality test

D) Automatism

22 / 50

The defence of consent applies to:

A) Public wrongs

B) Private wrongs

C) Neither

D) Both

23 / 50

Eight dacoits attack a bank. Two shoot the cashier dead. A, B, and C stand guard 50 feet away and do not shoot. What is the liability of A, B, and C?

A) They are liable for conjointly committing dacoity with murder (Section 396)

B) They are liable for abetting murder

C) They are liable for abetment of dacoity

D) They are liable only for dacoity

24 / 50

Imprisonment for non-payment of fine shall terminate:

A) On expiry of the term of imprisonment for non-payment

B) On payment of the fine

C) Both (a) and (b)

D) None of the above

25 / 50

Section 34 applies when a criminal act is done by several persons sharing a:

A) Common intention

B) Similar intention

C) Different intention

D) None of the above

26 / 50

An act will not be an offence if done by accident or misfortune:

A) While doing a lawful act

B) Without criminal intention

C) By lawful means

D) Without criminal intent, doing a lawful act in a lawful manner by lawful means with proper care

27 / 50

Under the Penal Code (as amended by Children Act 2013), a child is entirely exempted from criminal liability if they are below the age of:

A) 12 years

B) 10 years

C) 9 years

D) 7 years

28 / 50

A attacked B with a sword, who was behind a bush, believing B to be a tiger. What is A's liability?

A) A is not entitled to get any benefit

B) A is entitled to get benefit under Sec. 79

C) A is entitled to get benefit under Sec. 76 and 79 both

D) A is entitled to get benefit under Sec. 76

29 / 50

A chains his brother, who suffers from violent insanity, for three months in an unnecessarily cruel manner instead of seeking available medical help. A's liability:

A) He did not act in good faith as he failed to exercise due care and attention

B) He acted in good faith because there was no mens rea

C) He acted in good faith for his brother's benefit

D) He acted in good faith as a reasonable man

30 / 50

X, due to unsoundness of mind, attacks Y without knowing the nature of his act. Y hits X in self-defence causing hurt.

A) Y commits an offence as X is insane

B) Y commits no offence as he has a right of private defence

C) Y commits an offence of assault

D) Y is guilty of grievous hurt

31 / 50

A, B, C, & D go armed to K's house to commit robbery. K is absent. D goes to the field where K is. C stands guard. A & B shoot dead two sons of K. What is D's liability?

A) D is guilty only of robbery

B) D is guilty of murder as well as robbery (under joint liability)

C) D is not guilty of any offence

D) D is guilty of kidnapping

32 / 50

A, an officer, is ordered to arrest B. Believing Z to be B after reasonable inquiry, he arrests Z.

A) A committed no offence by reason of mistake of fact in good faith

B) A is liable for assault

C) A committed illegal arrest

D) A committed an offence of wrongful confinement

33 / 50

Which of the following statements is correct?

A) Mistake of law in a criminal case may be a good defence

B) None of the above

C) Mistake of law in a criminal case is not a defence

D) Mistake of fact in a criminal case is not a good defence

34 / 50

Section 82 of the Penal Code (acts of a child under 9) enunciates:

A) A rebuttable presumption of law

B) A presumption of facts

C) A conclusive or irrebuttable presumption of law

D) None of the above

35 / 50

A, B, and C go to a Post Office. B & C enter and ask the Post Master for money. C fires a pistol and the Post Master is killed. A is waiting outside.

A) All of them will be guilty of causing death

B) None of the above

C) Only C is liable for murder

D) Both B & C are liable

36 / 50

If the death of a major person is caused with his consent, or he takes the risk of death with known consent, the act is:

A) Culpable homicide not amounting to murder

B) An accident

C) Murder

D) No offence at all

37 / 50

Under Section 80, the exception of accident is available when an act is done:

A) By any means

B) Without any care

C) In any manner

D) In a lawful manner by lawful means

38 / 50

Under the Bangladesh Penal Code, is 'irresistible impulse' per se a defence to a charge of crime?

A) It is a partial defence

B) Yes, if medically proven

C) No, it is not a defence

D) Yes, it is a complete defence

39 / 50

Under Section 103, the right of private defence of property extends to causing death in the case of:

A) Criminal misappropriation

B) Forgery

C) Robbery, house-breaking by night, mischief by fire

D) Cheating

40 / 50

Which of the following statements is correct regarding inevitable accident?

A) It is not a defence but a denial of liability

B) It is both a defence and a denial of liability

C) It is not a denial of liability but only a defence

D) It is neither

41 / 50

The right of private defence is declared in:

A) Section 95

B) Section 97

C) Section 94

D) Section 96

42 / 50

Every person has a right to defend:

A) His own body and the body of any other person

B) None of the above

C) Only the body of his friends

D) Only his own body

43 / 50

Several persons took part in beating a person with common intention, which caused his death:

A) All are guilty of simple hurt

B) All of them are guilty of murder

C) Only the one who struck the fatal blow is guilty

D) None are guilty of murder

44 / 50

The right of private defence is available to:

A) Only public servants

B) All, irrespective of age and capacity

C) Only adults

D) Only those capable of committing a crime

45 / 50

A person who commits an offence in a state of voluntary intoxication shall be liable to be dealt with as if he had:

A) Not the same intention and knowledge

B) The same intention as if he were sober

C) The same intention and knowledge

D) The same knowledge as if he had not been intoxicated

46 / 50

The right of private defence of the body extending to causing death is dealt with under:

A) Section 102

B) Section 101

C) Section 100

D) Section 103

47 / 50

A soldier fires on a mob by the order of his superior officer, in conformity with the commands of the law. Is A protected?

A) Yes, because he was bound by law to obey

B) Yes, under Section 76

C) Both b and c

D) No, he is guilty of murder

48 / 50

X is a good swimmer. He sees a 7-year-old child drowning. He could have saved the child but did not. The child drowns. X is guilty of:

A) Murder

B) Abetment of suicide

C) No offence

D) Culpable homicide

49 / 50

Homicide is justifiable when committed:

A) Under Section 77

B) All of the above

C) Under Section 76

D) Under Section 78

50 / 50

X, in a state of voluntary intoxication, kills Z. The prosecution fails to establish that X formed the specific intention of a sober man. X is guilty of:

A) No offence

B) Death by negligent act

C) Culpable homicide not amounting to murder

D) Murder

The average score is 0%

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The Penal Code, 1860

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