The Penal Code, 1860 Model Test 6 (English)

Penal Code Model Test 6 (English)

The Penal Code, 1860

Questions: 50
Full Marks: 50
Time: 30 Minutes

1 / 50

The abetment of an offence is an offence. Is the abetment of an abetment also an offence?

A) Yes, it is an offence.

B) No, the chain breaks.

C) Only in cases of murder.

D) None of the above.

2 / 50

The essential of sedition is:

A) Benefits or gains of the accused

B) Intention

C) Both intention and result.

D) Result

3 / 50

If an act abetted is committed, and no express provision is made by the Penal Code for the punishment of such abetment, the abettor is punished:

A) With 1/3rd of the punishment provided for the offence.

B) With the same punishment provided for the original offence.

C) With 1/4th of the punishment.

D) With half of the punishment.

4 / 50

A, intending to murder Z, instigates B, a lunatic, to give poison to Z. B takes the poison himself and dies.

A) None of the above.

B) A is not guilty as a lunatic cannot be an offender.

C) A is guilty of causing the death of a lunatic only.

D) A is guilty of abetment of murder (as he instigated the act with intent to kill).

5 / 50

A instigates B to kidnap Z's son. B instigates C to do so, and C kidnaps the child.

A) Only A is guilty of abetment.

B) Only B is guilty of abetting C.

C) None of the above.

D) Both A and B are guilty of abetment.

6 / 50

A instigates B to murder C. B refuses to do so.

A) A is not guilty of abetting because B refused.

B) A is guilty of abetting B to murder C.

C) A is not guilty because C was not murdered.

D) None of the above.

7 / 50

An unlawful assembly is an assembly of five or more persons if the common object of the persons composing that assembly is NOT:

A) To resist the execution of any law, or of any legal process.

B) By means of criminal force, or show of criminal force to compel any person to do what he is legally found to do or to omit to do what he is not legally entitled to do.

C) To commit any mischief or criminal trespass, or other offences.

D) To overawe by criminal force, or show of criminal force, the Central or any State Government or Parliament or the legislature of any State, or any public servant in the exercise of the lawful power of such public servant.

8 / 50

A mother-in-law, by her cruel conduct and suggestions, intentionally goads her daughter-in-law to commit suicide. She is:

A) Not guilty of abetment of suicide.

B) None of the above.

C) Guilty of abetment of suicide.

D) Liable for cruel conduct only.

9 / 50

Abetment is caused by:

A) All of these.

B) Intentionally aiding a person to commit it.

C) Instigating a person to commit an offence.

D) Engaging in a conspiracy to commit it.

10 / 50

Assertion (A): When murder is committed by a member of an unlawful assembly in prosecution of common object of the assembly, all those who are members of that assembly at that time are liable for the murder. Reason (R): Members of an unlawful assembly are liable only if they participate in the commission of the murder.

A) A is true but R is false

B) Both A and R are true and R is NOT a correct explanation of A

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

D) A is false but R is true.

11 / 50

A instigates B to give false evidence. B commits the offence.

A) A has abetted the offence and is liable to the same punishment as B.

B) A is liable to half the punishment of B.

C) A has abetted the offence but is not liable to punishment.

D) None of the above.

12 / 50

A person is said to instigate the doing of a thing by:

A) Merely giving a neutral opinion.

B) None of the above.

C) Willful misrepresentation or willful concealment of a material fact which he is bound to disclose.

D) Remaining completely silent without any legal duty to speak.

13 / 50

Section 149 of the Penal Code is:

A) A rule of evidence

B) Declaratory provision

C) Creates a distinct offence

D) None.

14 / 50

A instigates B, a child below 9 years of age, to set fire to a dwelling.

A) A is not guilty because B is a child.

B) None of the above.

C) A is guilty of abetting B to set fire.

D) B is guilty, but A is not.

15 / 50

A instigates B to murder C. B stabs C, but C recovers from the wound.

A) A is guilty of abetting B to commit murder.

B) A is not guilty of instigation.

C) None of the above.

D) A is guilty of abetting B to commit grievous hurt only.

16 / 50

Where the accused was charged with the main offence but evidence shows he only abetted it:

A) None of the above.

B) He must be acquitted entirely.

C) He can be convicted of abetment.

D) He cannot be convicted of abetment.

17 / 50

Which of the following is correct?

A) Advice always amounts to instigation.

B) None of the above.

C) Advice per se does not necessarily amount to instigation unless it actively encourages the offence.

D) Instigation must always be active, never passive.

18 / 50

Which is an essential ingredient of sedition?

A) Dishonest intention

B) Words spoken must cause public disorder by acts of violence

C) Mala fide intention

D) Words spoken must be capable of exciting disaffection towards the Government

19 / 50

A instigates B to set fire to Z's house. B does so, and simultaneously commits theft there.

A) A is guilty of abetting theft only.

B) A is guilty of abetting both.

C) None of the above.

D) A is guilty of abetting the setting of fire only (theft was not a probable consequence of arson).

20 / 50

A woman asks a doctor to supply medicine to poison her husband. The doctor complies knowing her intent.

A) There is no abetment.

B) The doctor abetted an offence by intentionally aiding.

C) None of the above.

D) The doctor is bound by duty, so no offence.

21 / 50

For an affray under Section 159 of the Penal Code, the minimum number of persons required is:

A) Four

B) None.

C) Five

D) Two

22 / 50

Section 159 of the Penal Code is attracted:

A) None.

B) When there is exchange of abuses with exchange of blows.

C) When there is exchange of abuses only

D) When there is exchange of abuses without exchange of blows.

23 / 50

A bigamous marriage took place. A priest officiated it knowing it was bigamous. What is the priest's liability?

A) Only the bride and groom are guilty.

B) The priest is not guilty.

C) No one is guilty of abetment.

D) The priest is liable for abetment of the bigamous marriage by intentional aiding.

24 / 50

Which is punishable as sedition?

A) A publicist attack on policies of the government

B) Inducing people to cease to obey law and lawful authority

C) None of the above

D) Bitter criticism of the government to overthrow it

25 / 50

To constitute the offence of abetment:

A) Both (a) and (b) are necessary.

B) The person abetted must be capable by law of committing an offence.

C) The act abetted must be successfully committed.

D) It is NOT necessary that the person abetted should be legally capable, nor that the act be committed.

26 / 50

For abetment to occur:

A) The means intended must successfully bring about the effect.

B) None of the above.

C) The person abetted must share the same guilty intention as the abettor.

D) It is not necessary that the person abetted share the guilty intention, nor that the intended means are successful.

27 / 50

A instigates B to beat C with sticks. Suddenly, B pulls out a concealed spear and stabs C. A did not know B had a spear.

A) A is liable for abetting both beating and stabbing.

B) A is liable for abetting the stabbing.

C) None of the above.

D) A is not liable for abetting the stabbing, because it was a distinct act not being a probable consequence of the instigation.

28 / 50

For an unlawful assembly under Section 141 of the Penal Code, the minimum number of persons required is:

A) Ten

B) Five

C) Seven

D) None.

29 / 50

A instigates a child B to put poison in Z's food. B by mistake puts it in Y's food, and Y dies.

A) A is guilty of attempt to murder Z only.

B) A is not responsible for Y's death.

C) A is responsible for the death of Y in the same manner as if he had abetted Y's murder.

D) None of the above.

30 / 50

Sedition is committed by:

A) Exhortation to join a particular party

B) Exhortation to the people not to pay governmental revenues

C) Reciting seditious poem in a public meeting.

D) Expressing disapprobation of the administrative action of the government without exciting or attempting to excite hatred

31 / 50

Fight under Section 159 of the Penal Code signifies:

A) Two opposite parties actively involved

B) Two parties one of which is passive

C) Two parties both of which are passive

D) None of the above.

32 / 50

A person can abet an offence by intentional aiding:

A) Only at the time of the commission of the act.

B) Only prior to the act being done.

C) Either prior to or at the time of the commission of the act.

D) Only after the act is completed.

33 / 50

Which one of the following is an essential ingredient of sedition?

A) Malafide intention

B) Dishonest intention

C) Words spoken must be capable of exciting disaffection towards the Government.

D) Words spoken must cause public disorder by acts of violence

34 / 50

For the offence of abetment:

A) It requires the abettor to be physically present.

B) It is necessary that the act abetted must be committed.

C) None of the above.

D) It is NOT necessary that the act abetted must be committed.

35 / 50

When an act is abetted and a different act is done, the abettor is liable for the act done:

A) For the different act but with reduced penalty.

B) None of the above.

C) In the same manner and extent as if he had directly abetted it, if it was a probable consequence.

D) Only for the act he specifically abetted.

36 / 50

Which statement about "Common object" within the meaning of Section 149 is incorrect?

A) Offence committed by any member of an lawful assembly.

B) Offence must have been committed by such member in prosecution of the common object of the unlawful assembly.

C) Offence committed may be such as the members of the unlawful assembly knew to be likely to be committed in prosecution of the common object of the assembly.

D) No person can be punished only by virtue of his membership of the unlawful assembly, some act or participation in crime in some form by him is necessary

37 / 50

Which of the following is correct regarding Section 149?

A) None of the above.

B) Sec. 149 is only a rule of evidence.

C) Sec. 149 does not create any specific offence.

D) Sec. 149 does create specific offence.

38 / 50

A supplies tools to a person specifically knowing they will be used for a planned burglary. A is:

A) Not guilty of abetting.

B) Guilty of burglary directly.

C) Guilty of abetting the offence.

D) None of the above.

39 / 50

The title to plot no. 125 Motijheel, Dhaka had vested in the adopted son B, but the estate was managed for him by three ladies X, Y and Z, who appointed a manager who created a riot apparently to promote his own ends. In this case, under Section 154 of The Penal Code, 1860:

A) Neither B nor the three ladies but the manager only is liable for the offence.

B) B is liable under section 154, PENAL CODE., because he was the owner of the land.

C) X, Y, Z the three ladies were liable under section 154 PENAL CODE because the estate was managed by them and they had appointed the manager.

D) B is not liable but the manager is liable because he was responsible for managing the estate on behalf of B.

40 / 50

Which of the following is NOT an element of Criminal Conspiracy?

A) Acting without any agreement or communication.

B) Doing an illegal act.

C) An agreement between two or more persons.

D) Doing a legal act by illegal means.

41 / 50

For Application of Section 149 of the Penal Code:

A) The offence must have been committed in prosecution of the common object

B) The offender must be a member of unlawful assembly

C) None.

D) Both (a) and (b)

42 / 50

Which is correct regarding Section 124A (Sedition)?

A) All of the above.

B) Amount and intensity of disaffection is immaterial under Section 124-A except in dealing with the question of punishment.

C) Amount and intensity of disaffection is not relevant for dealing with question of punishment.

D) Amount and intensity of disaffection is material Under Section 124-A.

43 / 50

A in Bangladesh abets B, a foreigner in Pakistan, to commit a murder in Islamabad.

A) A is not guilty of abetting B.

B) None of the above.

C) A is guilty of abetting B (Section 108A).

D) A is only guilty if the murder happens in Bangladesh.

44 / 50

The essence of the offence of Sedition (Section 124A) is:

A) The actual physical harm caused to government property.

B) None of the above.

C) The intention to bring into hatred or contempt, or excite disaffection towards the Government.

D) The financial benefit of the accused.

45 / 50

Does the abettor need to concert the offence directly with the person who commits it?

A) Yes, otherwise he is only an accessory after the fact.

B) None of the above.

C) Yes, direct communication is mandatory.

D) No, it is sufficient if he engages in the conspiracy in pursuance of which the offence is committed.

46 / 50

In the context of abetment, the word 'Instigate' means:

A) To provoke, to incite, or to encourage.

B) To do an unlawful act physically.

C) None of the above.

D) To cheat.

47 / 50

Under Section 111 of the Penal Code:

A) If one instigates a crime, and the perpetrator commits another crime that is a probable consequence, the abettor is liable for the other crime too.

B) An abettor is never liable for a different crime.

C) The abettor must be physically present.

D) None of the above.

48 / 50

A instigates a 6-year-old child to put poison in C's food. The child mistakenly puts it in D's food. D dies.

A) A will not be liable because a child cannot commit an offence.

B) A will not be liable because he never abetted D's murder.

C) A will not be liable because he lacked intention to kill D.

D) A will be liable for the abetment of murder of D.

49 / 50

Abetment by aid requires:

A) Unintentional aiding.

B) Passive aiding.

C) None of the above.

D) Intentional aiding.

50 / 50

A supplies food to a person, knowing he is a criminal but not knowing his current specific plan. Is A guilty of abetment?

A) Yes, it is abetment.

B) No, mere supply of food without facilitating a specific crime is not intentional aiding/abetment.

C) None of the above.

D) Yes, he is a criminal.

The average score is 0%

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The Penal Code, 1860 Model Test 6 (English)

The Penal Code, 1860

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