The Penal Code, 1860 Model Test 5 (English)

Penal Code Model Test 5 (English)

The Penal Code, 1860

Questions: 50
Full Marks: 50
Time: 30 Minutes

1 / 50

A instigates B to burn Z's house. B sets fire to the house and at the same time commits theft of property there.

A) A, though guilty of abetting the burning of the house, is not guilty of abetting the theft.

B) A is guilty of theft by setting fire.

C) A is guilty of neither.

D) A is guilty of abetting both the burning and the theft.

2 / 50

Which of the following statements regarding abetment is NOT correct?

A) An abettor is liable even if the abetted act is not committed.

B) Abetment can be committed by intentional aiding.

C) An abettor is liable for the probable consequences of his instigation.

D) If the abetted person is legally incapable of committing a crime (e.g., a lunatic), the abettor cannot be held liable.

3 / 50

The father of the accused was attacked by the deceased and suffered a simple injury. In response, the accused administered a fatal blow to the deceased's chest with a spear.

A) None of the above.

B) The accused had no right of private defence.

C) Although the accused had the right of private defence, he exceeded it by causing disproportionate harm.

D) The accused was completely justified under the right of private defence.

4 / 50

For abetment by conspiracy under Section 107:

A) None of the above.

B) There must be intentional physical aid.

C) Some act or illegal omission must take place in pursuance of the conspiracy.

D) A mere agreement is sufficient.

5 / 50

A finds a thief B entering his house through a hole. A pins B face down to the ground merely to prevent entry, inadvertently causing B's death by suffocation.

A) A is liable because he caused death against a mere thief.

B) A is liable for culpable homicide and has no defence.

C) A was entitled to claim private defence to prevent entry; if he did not intend death or grievous hurt, the harm caused might be justifiable.

D) A is liable for causing hurt only.

6 / 50

The right of private defence of the body extends to causing death against all of the following EXCEPT:

A) An assault with the intention of kidnapping or abducting.

B) An assault with the intention of committing rape.

C) An assault with the intention of gratifying unnatural lust.

D) An assault with the intention of wrongfully restraining a person (without apprehension of death or grievous hurt).

7 / 50

Which of the following statements 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) Unless an offence is successfully committed, there is no abetment.

C) The abettor must be present at the crime scene.

D) The abettor must physically help the principal.

8 / 50

A suggests B to give false evidence. B, in consequence, commits that offence.

A) A commits no offence but B is liable.

B) A is guilty of abetting the offence and is liable to the same punishment as B.

C) A commits no offence as mere suggestion is not an offence.

D) A is guilty but B is not liable.

9 / 50

Give the correct response regarding Section 100:

A) Both (a) and (b).

B) A husband can forcefully abduct his wife from her father's house without consequences.

C) The right of private defence of the body extends to causing death if it is an assault with the intention of kidnapping or abducting.

D) None of the above.

10 / 50

A police officer attempted to execute a warrant which was completely illegal and without jurisdiction on the face of it. The accused's resistance is:

A) Not justified as the police officer was performing his duty.

B) None of the above.

C) Not justified under any circumstances.

D) Justified in his resistance (as the act is strictly without jurisdiction).

11 / 50

The right of private defence against an assault which reasonably causes the apprehension of death extends to:

A) None of the above.

B) Causing harm to an innocent person if the defender cannot effectively exercise the right without taking that risk (Section 106).

C) Intentionally killing innocent bystanders.

D) Causing harm to the innocent person only if he is suspected to be the assaulter.

12 / 50

Under Section 107, a person abets the doing of a thing who:

A) Engages in a conspiracy for doing that thing.

B) Intentionally aids the doing of that thing.

C) Instigates any person to do that thing.

D) All of the above.

13 / 50

A, a public officer, is authorized to apprehend B. Z, knowing C is not B, willfully represents to A that C is B, leading to C's arrest.

A) A is guilty of causing wrongful apprehension.

B) Z abets by instigation the apprehension of C.

C) None of the above.

D) A abets by instigation the apprehension of C.

14 / 50

A enters a house at night which he is legally entitled to enter. Z, in good faith, mistakes A for a housebreaker and attacks him.

A) Z is not liable because A was a burglar.

B) Z is not liable because he acted in the exercise of his right of private defence under a misconception of fact.

C) Z is liable for failing to exercise proper care.

D) Z is liable for voluntarily causing hurt.

15 / 50

In which of the following cases is the right of private defence NOT exceeded?

A) Beating a caught thief until he dies.

B) Causing death to defend against an assault causing reasonable apprehension of death.

C) A person attacked by a stick strikes a fatal blow with an iron club.

D) Holding a thief face down causing death by suffocation merely to prevent entry.

16 / 50

A asks his servant to beat B. The servant does so. A is guilty of:

A) Criminal assault directly.

B) Criminal conspiracy.

C) None of the above.

D) Abetment by instigation.

17 / 50

Which of the following is NOT a requirement for the defence of compulsion under Section 94?

A) Threat of future death or grievous hurt is sufficient.

B) The act must be compelled by threats.

C) The threat must reasonably cause apprehension of instant death.

D) The person must not have voluntarily placed himself in that situation.

18 / 50

A police officer, acting in good faith under color of his office, enters a house to search for stolen property without a warrant. The owner resists.

A) The owner can use deadly force.

B) The owner is completely right to do so as the officer had no warrant.

C) The owner cannot plead the right of private defence (Under Sec 99).

D) None of the above.

19 / 50

A instigates B to murder C. B refuses to do so. Under the Penal Code:

A) A is not guilty of abetting B.

B) A is not guilty as C was not murdered.

C) None of the above.

D) A is guilty of abetting B.

20 / 50

A is attacked by a mob attempting to murder him. He cannot effectively exercise his right without firing on the mob, risking the lives of children mingled in the mob.

A) A is guilty of murder if a child dies.

B) A commits no offence if by firing he harms the children (Section 106).

C) A is guilty if he harms children without going to the police.

D) None of the above.

21 / 50

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

A) All of the above.

B) The person abetted takes a physical step towards the crime.

C) The offence abetted has been committed.

D) The abettor has incited another person to commit an offence.

22 / 50

Z, under the influence of madness, attempts to kill A. Which of the following is correct?

A) A has no right of private defence against a madman.

B) Z is guilty of murder.

C) None of the above.

D) Z is guilty of no offence, but A has the same right of private defence as if Z were sane.

23 / 50

In which of the following cases is the right of private defence clearly EXCEEDED?

A) Killing a weak, unarmed woman found stealing at night.

B) A person attacked with a bare hand strikes a fatal blow with a heavy club.

C) A thief caught red-handed is beaten to death.

D) All of the above.

24 / 50

Under the Bangladesh Penal Code, there can be abetment of:

A) A person of unsound mind.

B) An infant.

C) Neither.

D) Both (a) and (b).

25 / 50

The right of private defence of property extends to voluntarily causing death if the apprehended offence is:

A) All of the above.

B) Theft causing apprehension of death or grievous hurt.

C) Robbery.

D) Mischief by fire on a human dwelling.

26 / 50

Which of the following is correct?

A) Both (a) and (b) are incorrect. (Only b is correct statement here, so standardizing option).

B) It cannot confer any right of P.D. unless physical violence is actually inflicted.

C) The right of private defence of the body extends to causing death if the assault reasonably causes the apprehension that death will otherwise be the consequence.

D) The right of private defence of the body extends to causing death if the assault reasonably causes apprehension of death.

27 / 50

A person tracked the footprints of stolen cattle to a distant village, confronted the thieves there the next day, fired on them, and pleaded private defence.

A) He is entitled to the benefit of private defence.

B) None of the above.

C) He is not entitled as the thieves had successfully effected their retreat and the immediate right had ceased.

D) He is entitled if the police were not nearby.

28 / 50

Which of the following is correct about the commencement of the right of private defence?

A) None of the above.

B) It commences as soon as a reasonable apprehension of danger to the body arises from an attempt or threat to commit the offence.

C) It is not available against offences affecting the body.

D) It commences only after physical harm is inflicted.

29 / 50

A criminal conspiracy consists of:

A) An intentional act of one person with the connivance of another.

B) Two or more persons inducing a minor.

C) A common intention to achieve an unlawful object without agreement.

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

30 / 50

For criminal conspiracy, the minimum number of persons required is:

A) Five

B) One

C) Two

D) Three

31 / 50

A forcibly tries to take his wife away from his father-in-law's house. B, his brother-in-law, stabs A to prevent the abduction.

A) B is entitled to the benefit of private defence (as it was against abduction).

B) None of the above.

C) B is guilty of causing death without exception.

D) B is not entitled to the benefit because A was doing a lawful act.

32 / 50

A and B plan to poison Z. B tells C a third person will administer it. C procures poison for B. A administers it, killing Z. What is C's liability?

A) C is not liable for murder.

B) C is liable only for attempt.

C) C is liable for abetment of murder as he engaged in the conspiracy in pursuance of which Z was killed.

D) C is not liable as he didn't concert with A directly.

33 / 50

The right of private defence of property commences as soon as:

A) The property is successfully stolen.

B) A reasonable apprehension of danger to the property commences.

C) The property is taken out of the city.

D) None of the above.

34 / 50

Punishment for criminal conspiracy is provided in:

A) Section 120A

B) Section 109

C) Section 120B

D) Section 144

35 / 50

A person runs away from a hotel without paying the bill. He is caught by servants and in the ensuing struggle, kills one of them, pleading private defence against wrongful restraint.

A) He is entitled because his liberty was restricted.

B) He is not entitled to the right of private defence as he was the original wrongdoer and the servants acted lawfully to stop him.

C) He is entitled as the right extends to causing death against abduction.

D) None of the above.

36 / 50

A entered B's house at night to commit theft. B struck him and A fell unconscious. B gave him another fatal blow on the head while A was unconscious. B claims private defence.

A) B exceeded his right of private defence as the threat had ended when A became unconscious. B is liable for culpable homicide.

B) B was entitled to cause death under Section 104.

C) B is completely innocent under Section 103.

D) B acted fully within his right of private defence and is not liable.

37 / 50

Lawful tenants of agricultural land, having a reasonable fear of being forcibly ejected, kept clubs ready. Upon being attacked, one attacker was killed in the fray.

A) Attackers are entitled to the right of private defence.

B) Both tenants and attackers can avail the right.

C) Tenants are not entitled to the benefit as they anticipated the attack.

D) Tenants are entitled to the benefit of the right of private defence.

38 / 50

The right of private defence of property against theft continues until:

A) The assistance of public authorities is obtained.

B) The property has been recovered.

C) The offender has effected his retreat with the property.

D) It continues until any of the above occurs.

39 / 50

A husband and wife, due to financial difficulties, decide to commit suicide. A procures poison which both take. A survives, but B (the wife) dies.

A) A is liable for murder.

B) A is only liable for attempting to commit suicide.

C) A has committed no offence.

D) A is liable for abetment of suicide.

40 / 50

The right of private defence of the body extends to the voluntary causing of death if the offence is an assault with the intention of:

A) Gratifying unnatural lust.

B) All of these.

C) Committing rape.

D) Kidnapping or abducting.

41 / 50

Abetment of an offence is:

A) Never an offence unless the act is completed.

B) Always an offence.

C) Not a punishable crime.

D) None of the above.

42 / 50

A new tenant A enters the building at night. B, another tenant, suspecting him to be a thief in good faith, attacks A. In this case:

A) A has the right of private defence against B (Under Sec 98).

B) A has the right of private defence because B is guilty of an offence.

C) A has no right of private defence.

D) A has no right of private defence because B committed no offence due to mistake of fact.

43 / 50

Which of the following is correct regarding a trespasser?

A) A trespasser committing an offence has the right of private defence against the true owner.

B) A true owner can forcibly dispossess a trespasser in settled possession.

C) A trespasser committing an offence cannot claim the right of private defence against the owner preventing the act.

D) None of the above.

44 / 50

The definition of criminal conspiracy is provided in which section of the Penal Code?

A) Section 120A

B) Section 121

C) Section 120

D) Section 120B

45 / 50

The right of private defence of property against robbery continues as long as:

A) The offender causes or attempts to cause to any person death, hurt, or wrongful restraint.

B) Both (a) and (b).

C) The fear of instant death, hurt, or wrongful restraint continues.

D) None of the above.

46 / 50

Under Section 94, a person is not excused for acts done under compulsion of threats causing apprehension of instant death if the offence is:

A) Murder and grievous hurt.

B) Murder and offences against the State punishable with death.

C) Murder and rape.

D) Dacoity and robbery.

47 / 50

The right of private defence of property extends to the voluntary causing of death against which of the following offences?

A) Mischief by fire committed on a building used as a human dwelling.

B) House-breaking by night.

C) All of these.

D) Robbery.

48 / 50

The exercise of the right of private defence is subject to which limitation under Section 99?

A) It requires permission from a magistrate.

B) It is not available if the attacker is unarmed.

C) It does not apply to property disputes.

D) It in no case extends to inflicting more harm than is necessary for the purpose of defence.

49 / 50

In which of the following does the right of private defence of property extend to the voluntary causing of death?

A) All of these.

B) Simple Criminal trespass.

C) House-breaking by night.

D) Simple Theft.

50 / 50

Which of the following is an essential element of Criminal Conspiracy (Section 120A)?

A) It may be an agreement to do an illegal act, or a legal act by illegal means.

B) The agreement must be between two or more persons.

C) All of the above.

D) There must always be an agreement to commit an offence.

The average score is 0%

0%

The Penal Code, 1860 Model Test 5 (English)

The Penal Code, 1860

📚 Practice More Model Tests (Penal Code English):

Related Articles

The Specific Relief Act, 1877 Model Test 4 (English)

The Penal Code, 1860 Model Test 17 (English)

বার কাউন্সিল পূর্ণাঙ্গ মডেল টেস্ট ২৪ | ১০০ নম্বর ৬০ মিনিট

ফৌজদারী কার্যবিধি মডেল টেস্ট ১