The Penal Code, 1860 Model Test 4 (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.

সময় শেষ ধন্যবাদ।

Penal Code Model Test 4 (English)

The Penal Code, 1860

Questions: 50
Full Marks: 50
Time: 30 Minutes

1 / 50

Under Section 97 of the Penal Code, every person has a right to defend:

A) His own body only.

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

C) None of the above.

D) Only the body of his blood relatives.

2 / 50

The provision regarding intoxicated persons having the same knowledge as if sober applies to someone who:

A) Is voluntarily intoxicated

B) Is highly intoxicated

C) Drank voluntarily

D) None of the above

3 / 50

A person attacked by a lion asks his friends to fire. A bullet hits and kills the person.

A) They are guilty

B) They are not entitled to Section 88

C) They are guilty of causing death

D) They are entitled to the benefit of Section 88

4 / 50

A pleaded insanity or drunkenness as a defence for murdering his wife. He had previously indicated an intention to kill her before drinking.

A) A is liable for murder as he formed the intent beforehand

B) A is not liable due to temporary alcoholic insanity

C) A is not liable as he was too drunk

D) A is liable because he indicated intention

5 / 50

Match the meanings: 1. De minimis non curat lex, 2. Delirium tremens, 3. Volenti non fit injuria

A) 1-C, 2-B, 3-A

B) 1-Law takes no account of trifles, 2-Alcoholic disease, 3-Consenters suffer no injury

C) 1-C, 2-A, 3-B

D) 1-B, 2-C, 3-A

6 / 50

Which of the following is correct regarding Section 94?

A) Both (a) and (b)

B) Menace of future death is sufficient

C) A person is excused for acts under fear of instant death, except murder and offences against the state punishable with death

D) None of the above

7 / 50

Which of the following statements is correct regarding Private Defence?

A) Mere use of abusive language does not give rise to private defence

B) Nothing is an offence which is done in the exercise of the right of private defence

C) Both (a) and (b)

D) None of the above

8 / 50

Which of the following acts is NOT regarded as a trifle under Section 95?

A) Harm to reputation by imputing ticketless travel

B) Theft of a valueless cheque

C) Assault by covering someone with dust while riding past

D) All of the above are trifles

9 / 50

Which of the following statements is correct?

A) Both (a) and (b).

B) None of the above.

C) Right of private defence is available in a free fight.

D) Right of private defence is not available to the aggressor.

10 / 50

Which of the following is correct?

A) None of the above

B) Both (a) and (b)

C) Murder does not include abetment of murder

D) Murder committed under threat of instant death is not excused

11 / 50

In order to claim exemption under Section 85, the accused must establish that at the time of the act, by reason of intoxication he was:

A) Intoxicated with or without knowledge, but not against his will

B) Incapable of knowing the act was wrong/contrary to law

C) Incapable of knowing the nature of the act

D) Intoxicated without his knowledge or against his will

12 / 50

Causing miscarriage with the woman's or her guardian's consent is:

A) Not justified

B) Justified under exceptions

C) None of the above

D) Not justified (it is an independent offence)

13 / 50

Which of the following are considered 'trifles' under Section 95?

A) None of the above

B) Both (a) and (b)

C) Taking valueless pods from a tree on govt. wasteland

D) Dipping a pen in another man's inkpot

14 / 50

In the above question, the person is guilty of culpable homicide because:

A) Section 86 protects against assuming specific intent

B) Both (a) and (b)

C) None of the above

D) Section 86 doesn't assume knowledge

15 / 50

Which of the following is correct regarding consent?

A) Consent can justify intentional causing of death

B) Section 88 allows harm inflicted in good faith for a person's benefit with their consent

C) Both (a) and (b)

D) None of the above

16 / 50

A surgeon in good faith communicates to a patient that he cannot live. The patient dies of shock.

A) A has committed no offence (Section 93)

B) A is liable for attempt

C) A is liable for culpable homicide

D) A is liable for abetment

17 / 50

If a person unlawfully approaches with a gun to kill another:

A) Only the intended victim has the right of private defence.

B) Both the attacker and the intended victim have the right of private defence.

C) Neither has the right of private defence.

D) Only the attacker has the right of private defence.

18 / 50

Under Section 90, consent is NOT valid if given by:

A) An insane or intoxicated person unable to understand the consequences

B) None of the above

C) A person under fear or misconception of fact (known to the offender)

D) A person under 18 years of age (Section 90 specifies 12 years)

19 / 50

Section 89 empowers a guardian to consent to harm in good faith for the benefit of a person under the age of:

A) 7 years

B) 12 years

C) 14 years

D) 18 years

20 / 50

Under Section 94, a person is not liable for an act done under:

A) Fear of instant death

B) Fear of simple hurt

C) All of these

D) Fear of grievous hurt

21 / 50

The maxim 'De minimis non curat lex' means:

A) None of the above

B) The law takes no account of acts of a child

C) The law takes no account of trifles

D) The law takes no account of acts of the insane

22 / 50

Under Section 88, the age of the consenting party must be at least:

A) 10 years

B) 18 years

C) 7 years

D) 12 years

23 / 50

Which of the following is a valid condition regarding the right of private defence?

A) All of the above.

B) There must be a reasonable apprehension of death, grievous hurt, or damage to property.

C) More harm than necessary should not be caused.

D) It is not available if there is sufficient time to have recourse to public authorities.

24 / 50

B, a watchman, tried to rape a 13-year-old girl and suffocated her to death. He pleaded intoxication.

A) B was not liable for murder as he intended rape, not murder

B) B was liable for murder as the intent for the violent act accompanying rape is explored

C) B was liable as voluntary drunkenness is no defence to murder

D) B was not liable because he was too drunk to know it was wrong

25 / 50

A drops a child from a burning house to people holding a blanket below, knowing it might kill the child but intending in good faith to save him. The child dies.

A) A is liable for not taking precautions

B) A is liable for knowing the risk

C) A is not liable (Section 92)

D) A is not liable for lack of intention

26 / 50

The right of private defence of property extends to defending:

A) Immovable property only.

B) None of the above.

C) Movable property only.

D) Both movable and immovable property.

27 / 50

A man was cutting the throat of his wife. Their son shot and killed the father to save his mother. What is the son's liability?

A) The son is not entitled to the benefit of Section 96.

B) The son is guilty of culpable homicide.

C) The son is guilty of murder as private defence only applies to one's own body.

D) The son is entitled to the benefit of the right of private defence.

28 / 50

If an act requires a particular knowledge or intent, an intoxicated person is dealt with as if he:

A) Had the acknowledged intent

B) Had the same knowledge as if sober (Section 86)

C) Had the same intent and knowledge as if sober

D) Had the knowledge only

29 / 50

Which is an INCORRECT ingredient of the defence of unsoundness of mind under Section 84?

A) Act must be done by a person of unsound mind

B) The person must be incapable of knowing the nature of the act or that it was wrong/contrary to law

C) Incapacity must be by reason of unsoundness of mind at the time of the act

D) The defect of reason must be due to a disease of the mind and exist at the time of the crime

30 / 50

A snake-charmer persuaded D to be bitten by a poisonous snake, claiming he could cure it. D died.

A) A is liable because the consent was given under a misconception of fact known to A

B) A is not liable because D consented

C) A is not liable because D volunteered

D) A is liable for deceptively obtaining consent

31 / 50

A fires at a tiger attacking Z, in good faith to save Z, knowing he might hit Z. A's bullet kills Z.

A) A is liable for murder

B) A is liable as knowledge of likelihood is sufficient

C) A is not liable because he didn't intend to kill

D) A is not liable under Section 92 (good faith, benefit without consent)

32 / 50

A, in good faith for his minor girl's benefit, has her hair cut without her consent.

A) A is guilty of grievous hurt

B) A is within the exception (Section 89)

C) A is not within the exception

D) A is not within the exception but didn't commit an offence

33 / 50

Which of the following is an INCORRECT condition for the defence under Section 88?

A) Act must be done with intention to cause death or harm likely to cause death

B) Act must be for the benefit of the sufferer

C) Act must be done in good faith without intention to cause death

D) Act must be done with consent (express/implied)

34 / 50

An unqualified 'Vaidya' performs a major operation with consent, resulting in death.

A) He is entitled to benefit

B) He is not entitled because he knew the risk

C) He is not entitled to Section 88 as he didn't act in good faith

D) None of the above

35 / 50

Which of the following is an INCORRECT condition for the defence under Section 87?

A) Person giving consent must be above 12 years of age (Section 87 requires 18)

B) Act done without intention or knowledge of causing death or grievous hurt

C) Harm is caused with express or implied consent

D) Person giving consent is above 18 years of age

36 / 50

Every person has the right to defend his own or another's property against acts constituting:

A) Theft, robbery, mischief or criminal trespass, or attempts of these.

B) Theft and robbery.

C) Theft, mischief and extortion.

D) Theft, robbery and mischief.

37 / 50

An accused committed murder without any motive under an epileptic fit. He:

A) Is entitled to get benefit under Section 84

B) Is not entitled to such benefit

C) None of the above

D) Is guilty of murder

38 / 50

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

A) None of the above

B) He is guilty of causing death

C) He is not within the exception

D) He is within the exception (Section 93)

39 / 50

Acts which are offences independently of harm caused are not covered by consent (Section 91). Which is NOT an example?

A) Mischief (Mischief relates to property harm, so consent CAN cover it)

B) Offences against public safety

C) Causing miscarriage

D) Public nuisance

40 / 50

The word 'Benefit' used in Sections 88, 89, and 92 means:

A) Pecuniary benefits only

B) None of the above

C) Mere pecuniary benefit

D) Not mere pecuniary benefit (it means other benefits like health/safety)

41 / 50

Match the following: 1. De minimis non curat lex, 2. Volenti non fit injuria, 3. Delirium tremens

A) 1-D, 2-A, 3-C

B) 1-Sec. 95 (Trifles), 2-Sec. 87 (Consent), 3-Sec. 85/86 (Intoxication)

C) 1-A, 2-B, 3-D

D) 1-C, 2-B, 3-D

42 / 50

Which of the following is an INCORRECT proposition regarding drunkenness as a defence?

A) Voluntary drunkenness is no excuse where mere 'knowledge' is required

B) Involuntary drunkenness is an excuse

C) Voluntary drunkenness is an excuse regarding 'intention'

D) Actual knowledge gives rise to presumed intention making voluntary drunkenness an excuse

43 / 50

Under Section 94, a person is excused for acts done under fear of instant death EXCEPT:

A) Murder and rape

B) Murder and grievous hurt

C) Murder and offences against the state punishable with death

D) Murder and dacoity

44 / 50

Acts which are offences independently of any harm they may cause (e.g., causing miscarriage) will NOT be covered by consent. Examples include:

A) Public nuisance

B) Offences against public safety

C) All of the above

D) Offences against public morals

45 / 50

Which case is NOT covered by the exception in Section 89 (acts for a child's benefit by guardian's consent)?

A) A moderately whipping a child for its benefit

B) A confining a child for its benefit

C) A surgeon operating on a child for stones, knowing the risk but not intending death

D) A emasculating a child for pecuniary benefit

46 / 50

A surgeon, intending in good faith to benefit Z, performs a dangerous operation with Z's consent, knowing it's likely to cause death, but not intending it.

A) A is liable as consent was unlawfully obtained

B) A is liable because he knew it was dangerous

C) A is not liable because Z consented and presumed the risk

D) A is not liable under Section 88

47 / 50

A, drunk, asked a boy to move. When the boy refused, A shot him. Held:

A) A is not liable and entitled to the defence

B) A is not liable due to mental impairment

C) A is liable because voluntary drunkenness is never a defence

D) A is liable because a drunk person is presumed to have the same knowledge as a sober one

48 / 50

A communication causing harm is no offence if made:

A) In good faith

B) None of the above

C) Both (a) and (b)

D) For the benefit of the person

49 / 50

Which of the following is correct regarding Section 88?

A) None of the above

B) A surgeon performing a major operation with consent is protected

C) Both (a) and (b)

D) A headmaster administering reasonable corporal punishment is protected

50 / 50

Which of the following is correct regarding Section 92 (acts done without consent)?

A) Both (a) and (b)

B) It doesn't extend to intentional causing/attempting death

C) None of the above

D) It applies when harm is caused for benefit in good faith when consent is impossible to obtain

The average score is 0%

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The Penal Code, 1860 Model Test 4 (English)

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