The Penal Code, 1860 Model Test 3 (English)

Penal Code Model Test 3 (English)

The Penal Code, 1860

Questions: 50
Full Marks: 50
Time: 30 Minutes

1 / 50

Which of the following is NOT an illustration of the defence of mistake of fact?

A) A killed a servant's friend, thinking he was attacking a burglar

B) A licensed vendor sold liquor to an intoxicated person who showed no signs of intoxication, violating a strict liability statute

C) A assailed his son with an axe, thinking he was a tiger due to a delusion

D) A rail conductor forcibly ejected a passenger, believing he had not paid his fare

2 / 50

The maxim 'ignorantia juris non excusat' means:

A) Mistake of court is no defence

B) Mistake of judicial act is no defence

C) Mistake of law is no defence

D) Mistake of fact is no defence

3 / 50

Which of the following is NOT part of the M'Naghten Rules relating to the defence of insanity?

A) Every man is presumed sane until proven otherwise

B) If the accused knew the act was contrary to law, he is punishable

C) The accused must not know the nature of the act or that it was wrong

D) An insane delusion excuses a person completely, regardless of the nature of the delusion

4 / 50

A man suddenly murdered his wife and sister-in-law without attempting to run away. This case:

A) Falls within Section 84 due to absence of motive

B) Does not fall within Section 84 because absence of motive does not imply unsoundness of mind

C) Does not fall within Section 84 due to presence of motive

D) Falls within Section 84

5 / 50

An 11-year-old child stole a necklace worth Rs. 1000 and sold it for Rs. 5.

A) None of the above

B) He cannot be held guilty as he lacks sufficient maturity

C) He is guilty of committing theft (showing understanding of the act)

D) A child below 12 cannot be guilty of any offence

6 / 50

In which of the following cases will the defence of necessity NOT be available?

A) A placing poison in his toddy pots to catch a thief, resulting in an unknown person's death

B) A speeding driver claiming to escape illegal arrest by police

C) A bargeman throwing cargo overboard to save passengers during a storm

D) A shooting a tiger attacking B, knowing he might accidentally kill B instead

7 / 50

The provision that nothing is an offence if done by a child who has not attained sufficient maturity applies to the age group of:

A) Below 12 years

B) 7 to 14 years

C) Below 7 years

D) 9 to 12 years (historically 7-12)

8 / 50

A kept his unloaded gun in a private place. While he was away, someone loaded it and put it back. Later, A accidentally touched the trigger, and the gun went off, killing his wife. In this case:

A) A was negligent for not checking if the gun was loaded

B) A would not be liable because the death was an accident and he had reasonable grounds to believe the gun was unloaded

C) A is liable for culpable homicide

D) A acted under a mistaken belief and is not liable

9 / 50

Which of the following is NOT an ingredient of the defence of necessity under Section 81?

A) The act is known to be likely to cause harm, but done without criminal intention

B) The act must be done to prevent other harm to person or property

C) The act must have been done in good faith

D) The act must be done neither with intention nor knowledge to cause harm

10 / 50

Nothing is an offence which is done by a child above 9 years and below 12 years who:

A) Has not attained sufficient maturity of understanding the nature and consequence of his conduct

B) None of the above

C) Is an orphan

D) Is handicapped

11 / 50

A and B, swimming after a shipwreck, grab a plank not large enough for both. A pushes B off, and B drowns.

A) None of the above

B) A cannot take the defence under Section 81

C) Cannot say

D) A has a good defence under Section 81

12 / 50

A man, in order to escape death from hunger, kills another to eat him:

A) He has a good defence under Section 81

B) He is guilty of murder

C) He is guilty, but not of murder

D) None of the above

13 / 50

Which of the following is NOT an essential condition of criminal liability?

A) Knowledge that the act is prohibited by law

B) Intelligence to distinguish between good and evil

C) Knowledge of facts upon which the good and evil of an act may depend

D) Free will

14 / 50

Section 81 says that nothing is an offence merely by reason of its being done with the knowledge that it is likely to cause harm, if it be done:

A) Without any criminal intention

B) To avoid other harm

C) None of the above

D) Both (a) and (b)

15 / 50

Under Section 84, a person is exonerated from liability for doing an act on the ground of unsoundness of mind:

A) At the time of doing the act

B) None of the above

C) Before the time of doing

D) After the time of doing

16 / 50

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

A) 10 years of age

B) 14 years of age

C) 9 years of age (historically 7)

D) 18 years of age

17 / 50

A 10-year-old girl, Sudha, killed her husband after being woken early for chores and hid in a field.

A) Her conduct did not prove guilt

B) She is absolutely immune as she is under 12

C) She was 'doli incapax' being below 12

D) Her conduct (hiding) inferred she was 'doli capax' and liable unless proven 'doli incapax'

18 / 50

Which of the following is correct regarding Section 84?

A) Both (a) and (b)

B) A person is exonerated if they act under unsoundness of mind

C) None of the above

D) Mere absence of motive does not bring the case within Section 84

19 / 50

Nothing is an offence merely by reason of its being done with the knowledge that it is likely to cause harm, without any criminal intention and in good faith:

A) To prevent harm to another's property

B) To avoid harm to another person (Not applicable)

C) To prevent or avoid other harm to person or property

D) To avoid harm to another person

20 / 50

The accused was convicted of bigamy after marrying within 7 years of being deserted by her husband, believing in good faith that he was dead. In this case:

A) She cannot be convicted as she had been deserted

B) She cannot be convicted as she was ignorant of the 7-year rule

C) She can be convicted

D) She cannot be convicted as she acted under a mistake of fact

21 / 50

Which of the following statements about 'mistake' is incorrect?

A) The sense impressions of facts are different from the actual facts

B) That facts exist

C) That erroneous sense impressions are for a time accepted as true

D) That the sense impressions of facts are erroneous

22 / 50

Three adults (A, B, C) and a boy (D) were stranded in a boat without food. To survive, C and A killed the boy and ate him. Held:

A) They are not liable as necessity justifies homicide in self-defence

B) They are not liable under Section 81

C) They are not liable as it was their duty to survive

D) A, B, and C are liable for murder; self-preservation is not an absolute necessity

23 / 50

Mens Rea is an essential element in every offence EXCEPT in:

A) Cases of public nuisance

B) Cases criminal in form but summary modes of enforcing civil rights

C) Cases not criminal in any real sense

D) All of these

24 / 50

Section 83 of the Penal Code (defence of infancy) provides that:

A) The burden lies on the prosecution to prove capacity once age is established

B) A child above 7 but below 12 is 'doli incapax'

C) A child above 9 but below 12 is 'doli capax' only if proven by the prosecution (historically above 7)

D) It is based on the presumption of innocence

25 / 50

In which of the following cases can the defence of accident be successfully claimed?

A) A fired at a boar during a shooting party, missed, and accidentally hit another member of the party.

B) A was driving horses without reins and ran over B.

C) A kicked B during an altercation, causing injury resulting in death.

D) A jokingly pointed a gun at B and pulled the trigger without knowing if it was loaded, killing B.

26 / 50

Which of the following is NOT an ingredient of Section 79 of the Penal Code?

A) Act must have been done by a person who is justified by law or believes himself to be justified by law in doing it

B) Belief must be a bona fide belief in good faith

C) One must be legally bound to do that act and not only legally justified to do it

D) Such a belief must be by reason of a mistake of fact and not by mistake of law

27 / 50

A minor votes in an election, genuinely believing he has attained the age of majority. Here:

A) Ignorance of law is no excuse; A is liable

B) A can plead the defence of infancy

C) A has committed no offence; he can plead mistake of fact in good faith

D) A has violated election law and cannot plead mistake

28 / 50

A sees Z commit what appears to be murder. In good faith, A seizes Z to hand him over to the authorities. Later, it was found that Z was acting in self-defence. Here:

A) A is liable for wrongful apprehension

B) A is liable because he was neither bound nor justified by law

C) A is liable for failing to make reasonable inquiries

D) A has committed no offence because he is entitled to the defence of mistake of fact under Section 79

29 / 50

Which of the following is NOT an ingredient of the defence of accident under Section 80 of the Penal Code?

A) The act must be an accident or misfortune done with proper care and caution

B) The accident must be the outcome of a lawful act, done in a lawful manner, by lawful means

C) The act must not be done with any criminal intention or knowledge

D) The act may be done with the knowledge of the consequences but without criminal intention

30 / 50

An intoxicated person is exonerated from liability for his acts provided:

A) None of the above

B) The intoxicant was administered without his knowledge or against his will

C) At the time of doing the act, he was unable to know its nature

D) Both (a) and (b)

31 / 50

Nothing is an offence which is done by:

A) None of the above

B) Misfortune

C) Both (a) and (b)

D) Accident

32 / 50

A bus driver, without negligence, is forced to either run down schoolchildren or hit a rickshaw to save them. He hits the rickshaw.

A) He is guilty of causing death by rash and negligent driving

B) He is not guilty as he has a good defence under Section 81

C) Cannot say

D) None of the above

33 / 50

A person cuts off the head of a sleeping person for 'fun' to see him look for it when he wakes up. He is:

A) Not entitled to such benefit

B) Guilty of causing death

C) Entitled to the benefit of Section 84 (insanity)

D) None of the above

34 / 50

A person is exonerated from liability under Section 84 if he is incapable of knowing:

A) None of the above

B) That he is doing what is wrong or contrary to law

C) Both (a) and (b)

D) The nature of the act

35 / 50

Voluntary drunkenness is an excuse in cases of:

A) None of the above

B) Where a specific intent is an essential element of an offence

C) Delirium Tremens

D) Both (a) and (b)

36 / 50

The principle that "when an act in itself is wrongful, the defence of mistake of fact cannot be availed" was established in which English case?

A) R v. Tolson

B) R v. Prince

C) Baily's case

D) None of the above

37 / 50

A drunken person killed his uncle. It was established he was incapable of forming the specific intent to kill. He is:

A) None of these

B) Entitled to the benefit of Section 85

C) Guilty of murder

D) Guilty of culpable homicide not amounting to murder

38 / 50

Which statement is correct regarding the age of criminal responsibility for rape?

A) None of the above

B) In Bangladesh, a child of 12 years can be convicted of rape

C) Both (a) and (b)

D) In England, a child under 14 cannot be convicted of rape

39 / 50

A pulls down B's house during a great fire to prevent it from spreading, acting in good faith to save life/property.

A) A is not liable as he had no intention to cause harm

B) A is liable as necessity cannot justify harm to innocent parties

C) A is liable for mischief

D) A is not liable because the act was done in good faith to avoid greater harm

40 / 50

Nothing is an offence which is done without any criminal intention and knowledge in the doing of:

A) Any act in a lawful manner by lawful means

B) A lawful act in a lawful manner by lawful means and with proper care and caution

C) A lawful act in a lawful manner by lawful means

D) An unlawful act in a lawful manner by lawful means

41 / 50

Which of the following is correct?

A) Legal insanity means the person's lack of consciousness of the bearing of his acts on those affected by it

B) Both (b) and (c)

C) Medical insanity and legal insanity are the same

D) Medical insanity and legal insanity under Sec. 84 are different

42 / 50

An accused, commanded in his dream to kill his wife, does so. He is:

A) None of the above

B) Entitled to the benefit of Section 84 (insanity)

C) Not entitled as he knew the nature of the act

D) Not entitled to the benefit of Section 94

43 / 50

In the above case, the accused:

A) Is guilty of rape only

B) Is not guilty

C) Is guilty of murder only

D) Is guilty of murder unless he was so drunk he couldn't form the intent

44 / 50

The accused ravished a 13-year-old girl and caused her death by suffocation. He pleaded drunkenness.

A) Accused is entitled to the benefit of Section 85

B) Accused is entitled to the benefit

C) Accused is not entitled to the benefit of Section 85

D) Cannot say

45 / 50

A is working with a hatchet. The head flies off and kills a person.

A) None of the above

B) A's act is an offence and not excusable

C) A's act is an offence and excusable

D) A's act is an offence if there was want of proper caution on his part

46 / 50

A was beating B. B's wife interfered with her baby. A's blow struck the baby, resulting in death. Held:

A) A is not liable as the child's death was an accident

B) A is not liable as he intended to hit the woman

C) The child was hit by accident, but A's act was not lawful; therefore, he is liable

D) A is liable because he didn't act in good faith

47 / 50

The accused took an unmarried girl below 16 years of age without her father's consent, believing in good faith that she was older than 16:

A) The accused can take the defence of mistake of fact

B) The accused cannot take this defence as it is not a mistake of fact

C) As the taking itself is unlawful, the accused cannot avail the defence of mistake of fact

D) None of the above

48 / 50

A person suffering from fever killed his children because he was annoyed at their crying. He:

A) Is entitled to defence as he was annoyed

B) Is entitled to defence as he was suffering from disease

C) Is not entitled to the benefit of Section 84 because he knew the nature of the act

D) Is entitled to defence as he did not know the nature of the act

49 / 50

Which of the following is correct regarding Mens Rea?

A) None of the above

B) A statute can exclude that element

C) Both (a) and (b)

D) Mens Rea is an essential ingredient of a criminal offence

50 / 50

Which of the following is an INCORRECT ingredient of Section 83 of the Penal Code?

A) Incapacity must exist at the time of the commission of the act

B) An act done by a child above 7 but under 12 years of age is always presumed an offence (historically 7)

C) A child in this age group is presumed 'doli incapax' until proven otherwise

D) The child must not have attained sufficient maturity

The average score is 0%

0%

The Penal Code, 1860 Model Test 3 (English)

The Penal Code, 1860

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