The Penal Code, 1860 Model Test 7 (English)

Penal Code Model Test 7 (English)

The Penal Code, 1860

Questions: 50
Full Marks: 50
Time: 30 Minutes

1 / 50

Sec. 149 has the following essentials:

A) Both (a) and (b).

B) Such offence must have been committed in prosecution of the common object of the assembly.

C) Commission of an offence by any member of an unlawful assembly.

D) None of the above.

2 / 50

Under Sec. 149 if any offence is done by any member of unlawful assembly in furtherance of common object:

A) All the member of unlawful assembly only that member is liable for the offence who commit the offence.

B) None of the above.

C) Only that member is liable for that offence.

D) All of them will be guilty of that offence.

3 / 50

When two persons, by fighting in a public place, disturb the public peace, they re said to commit:

A) None of the above.

B) An assault

C) An Affray

D) Rioting

4 / 50

Unlawful assembly consists of five or more persons whose common object is:

A) To commit any mischief with criminal force

B) To mellow down all orders

C) To resist the execution of any legal process

D) None of the above.

5 / 50

Assertion (A): One of the most difficult tasks in attempt cases has been to find out the dividing line between preparation and attempt. Reason (R): Shooting at the shadow sufficiently near a person as to put him in danger is attempt to commit murder.

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

B) A is false but R is true.

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

D) A is true but R is false

6 / 50

Assertion (A): A person compelled by threats, from another, which reasonably cause apprehension of his instant death, commits murder of the third person, can plead the defence of compulsion. Reason (R): Consent of the deceased (above 12 years) is a defence to the charge of murder if the act causing death is done in good faith for the benefit of the deceased without intention to kill.

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

B) A is false but R is true.

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

D) A is true but R is false

7 / 50

Unlawful assembly is an offence against:

A) None of the above

B) The Public tranquility

C) The State

D) Public Justice

8 / 50

Some persons (more than five) killed a person but only three could be arrested:

A) They can be convicted under sec. 302/34.

B) They cannot be convicted under sec. 302/149.

C) They can be convicted under sec. 302/149.

D) They can be convicted under sec. 302 only.

9 / 50

Mere presence at the scene:

A) Does not make one a member of unlawful assembly.

B) None of the above.

C) Does make the member of unlawful assembly.

D) Does make the member of unlawful assembly if he shared the common object of unlawful assembly.

10 / 50

Which of the following is NOT an essential of an unlawful assembly?

A) There must be more than five persons to constitute an unlawful assembly.

B) The object of the assembly must be to commit any mischief or criminal trespass or, other offence.

C) The object of the assembly may be to overawe by criminal force, or show of criminal force the Central or any State Government.

D) The object of the assembly must be to resist the execution of any law or of any legal process.

11 / 50

Some peoples collected outside the police station to protest over police inaction in connection with the murder of child. They were charged as committing criminal trespass.

A) None of the above.

B) They cannot be held liable as such persons do not form unlawful assembly.

C) They can be held liable for criminal trespass.

D) They cannot be held liable as to protest is a fundamental right.

12 / 50

With an intention to cause bodily injury, A hit B with a lathi. He gave six blows, one of which hit B on his head as a result of which B died after 20 days. A guilty of:

A) Murder

B) Causing death by rash or negligent act.

C) Culpable homicide not amounting to murder.

D) Grievous hurt

13 / 50

It is an lawful assembly Where five or more person assembly forming by force a right

A) Which they supposed to be possessed.

B) Which they bona fide believe they do not possess.

C) Which they did not possess.

D) All of these.

14 / 50

To apply Sec. 149:

A) A person should be a member of unlawful assembly.

B) Active participation of each of the person is necessary.

C) None of the above.

D) Both (a) and (b).

15 / 50

Where a small compact body of men armed with lathis and headed by a person carrying Gun, endeavour to take forcible possession of a land, in the fight one person is shot dead by the head. They all were held guilty of murder the decision of court:

A) Is surprising.

B) Is not justified.

C) Is justified.

D) Can’t say.

16 / 50

Which of the following statements is incorrect?

A) None of the above.

B) If the common object is unlawful the assembly will be rioting assembly even if it did not use violence.

C) If the common object of assembly is lawful, the use of violence will turn it in riot.

D) Both (a) and (b).

17 / 50

Where a compact body of persons armed with clubs headed by a man carrying a gun endeavored to take forcible possession of land one of the opponent was shot dead by their head:

A) Head is guilty of murder while others of being a member of unlawful assembly.

B) Head person is only guilty or murder.

C) All of them are guilty of being a member of unlawful assembly.

D) All of them are guilty of murder.

18 / 50

In the above said question the remaining four persons:

A) Cannot be convicted under Sec. 302/32 PENAL CODE.

B) Can be convicted under Sec. 302/32 PENAL CODE.

C) Cannot be convicted under Sec. 302/149 PENAL CODE.

D) Can be convicted under Sec. 302 only.

19 / 50

X, with the intention to kill Y, supplies him powdered sugar beliving it to be poison. Y eats the powder. X is guilty of:

A) Attempt to commit murder

B) Attempt to commit culpable homicide not amounting to murder.

C) No offence

D) Abetment to commit murder.

20 / 50

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

A) To overawe by criminal force, or show of criminal force the union judiciary or the judiciary of the state, or any public servant in the exercise of the lawful power of such public servant.

B) By means of criminal force or show of criminal force, to any person to take or obtain possession of any property, or to deprive any person of the enjoyment of a right of way, or of the use of water or other incorporeal right of which he is in possession or enjoyment, or to enforce any right or supposed right.

C) To overawe by criminal force, or show of criminal force the parliament or the legislature of any state or the central or any State Government.

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

21 / 50

Sec. 149 speaks of:

A) None of the above.

B) Common intention.

C) Both (a) and (b).

D) Common object.

22 / 50

Which of the following is correct regarding membership in an unlawful assembly?

A) None of the above (b).

B) Both (a) and (b).

C) Mere presence in an assembly does not make a person a member of unlawful assembly.

D) It does not make unless it is shown that he had done something which will make him member of unlawful assembly.

23 / 50

An assembly:

A) None of the above.

B) Both (a) and (b).

C) Can become unlawful unless it has been indicated to them by public authorities.

D) Can become unlawful for subsequent acts of its member.

24 / 50

Which of the following is correct?

A) An assembly can become unlawful by subsequent acts of its members.

B) Both (a) and (b).

C) Itself acts of one or two members not acquiesced by others also change the character of assembly.

D) None of the above.

25 / 50

Which of the following is correct?

A) Both (a) and (b).

B) None of the above.

C) It is not possible to convict three out five constructively.

D) For sc. 149 there must be at least five person.

26 / 50

The punishment for rioting is:

A) Four years

B) Two years

C) Seven years.

D) Three years

27 / 50

In a faction ridden at large fight ensured, in the course of which one wounded person A & retired to the side of Road. Later a man was killed:

A) A is guilty of being a member of unlawful assembly only.

B) A is guilty of murder as being a member of unlawful assembly.

C) A is not guilty of murder inspite of being a member of unlawful assembly.

D) A is not guilty of murder as he ceased to be member of unlawful assembly.

28 / 50

To apply Sec. 149 there must be at least:

A) None of the above.

B) Fifteen persons.

C) Ten persons.

D) Five persons.

29 / 50

For being a member of unlawful assembly:

A) All of these.

B) The person knows the common object of assembly.

C) Some avert act should be done by that person.

D) The person is along with assembly.

30 / 50

A person a member of unlawful assembly was armed with deadly weapon while other’s were not.

A) None of the above.

B) The enhanced punishment can be inflicted only on that particular member.

C) The enhanced punishment can be inflicted on all members if they knew that the member was equipped with deadly weapons.

D) The enhance punishment can be inflicted to all the members of assembly.

31 / 50

The Section 149 has the following essentials:

A) None of the above.

B) Such offence must have been committed in prosecution of the common object of Assembly.

C) Both (a) and (b).

D) There must be commission of an offence by all members of assembly.

32 / 50

When a member of an unlawful assembly is to be constructively found guilty of an offence, he must commit same offence of which the principle is convicted and not some other offence this statement is:

A) Incorrect.

B) Partially correct.

C) Can’t say.

D) Correct.

33 / 50

Five persons went to the house of K armed with clubs to beat K. Among those one A was carrying a pistol concealing it underneath his clothes. During beating A fired a shot resulting death of K. In such case:

A) Only A Will be liable causing death.

B) All of them will be liable for beating K.

C) None of the above.

D) All of them will be liable for causing death as they all were the members of unlawful assembly.

34 / 50

When two opposite faction commit a riot, then both parties may be treated as:

A) Can be treated as one unlawful assembly as their object are same.

B) One unlawful assembly

C) Can’t be as their object can’t be same.

D) Cant be treated as one unlawful assembly as they belong to different faction.

35 / 50

Several Hindu acting in convinance , forcibly removed an ox & two cows from the possession of Mahomeden for the purpose of preventing the killing of cows

A) They are guilty of rioting as their object was lawful.

B) They are guilty of rioting.

C) It is robbery not rioting

D) It is theft not rioting.

36 / 50

Which is not an offence against the public tranquility?

A) Affray

B) Riot

C) Assault.

D) Unlawful assembly

37 / 50

Which of the following is correct?

A) Both (a) and (b).

B) Who ever is armed with deadly weapons is guilty of rioting shall be punished with enhanced punishment.

C) None of the above.

D) Lathies and stone are not deadly weapons under this 148 PENAL CODE.

38 / 50

Which of the following is correct regarding rioting?

A) None of the above.

B) Both (a) and (b).

C) Rioting is different from the offence of unlawful assembly.

D) Rioting is an unlawful assembly in a particular state of activity.

39 / 50

An assembly is unlawful if--

A) Both (a) and (b).

B) It consisted of five or person.

C) One of these.

D) The common object of the persons composes that assembly is unlawful.

40 / 50

To apply Section 149 of the Penal Code:

A) There must be commission of an offence by more then two members of assembly at least.

B) There must be commission of an offence by at least members of the assembly.

C) There must be commission of an offence by any one of the members of assembly.

D) There must be commission of an offence by all members of assembly.

41 / 50

Six persons were charged under Sec. 302/ 149 of the Penal Code -- two were acquitted, the remaining four cannot be convicted under:

A) Both (a) and (b).

B) Sec. 302.

C) None of the above.

D) Sec. 149.

42 / 50

The following are the essentials of the offence of rioting:

A) That the accused persons being five as more.

B) That the force or violence was used by the unlawful assembly.

C) All of these.

D) That they were animated by a common object.

43 / 50

Which of the following is correct?

A) A riot is an unlawful assembly in a particular state of activity.

B) None of the above.

C) It is only the use of force which distinguish rioting from on unlawful assembly.

D) Both (a) and (b).

44 / 50

Which of the following is correct regarding Section 149?

A) So 149 is merely a rule of evident.

B) None of the above.

C) So 149 does creates specific distinct offence.

D) So 149 does not create specific distinct offence.

45 / 50

Where on a sudden quarrel three of accused actually & other two only kept abusing to the deceased’s:

A) The remaining two can be guilty of rioting if they were armed too.

B) All of them are guilty of rioting.

C) None of the above.

D) Only three who joined assault are guilty of rioting.

46 / 50

“In prosecution of common object”-- this phrase does mean:

A) The offence committed was immediately unlawful assembly.

B) Both (a) and (b).

C) During the prosecution of the common object of unlawful assembly.

D) None of the above.

47 / 50

X is charge for murder of Y. About a month before the murder Y had attempted to rape the wife of X, X has an altercation with Y immediately before murder X is:

A) Entitled to the right of private defence since he was provoked on seeking the deceased.

B) Entitled to the benefit of right of private defence as the deceased had attempt to rape his wife.

C) Not entitled to right of private defence since there was an interval of one month between attempted rape and the murder.

D) Not entitled to right of private defence as the right of private defence was available to defence his won body alone.

48 / 50

In a sudden free fight between groups one person died:

A) No one is guilty of murder.

B) None of the above.

C) Only that person will be liable for causing death who did it as without any pre-mediation death cannot be the object of assembly.

D) All person s will be held.

49 / 50

An assembly is unlawful if it consisted of five or more persons & the common object of that assembly is

A) To resist the excluding of law & other legal process.

B) It commit mischief, criminal trespass or any other offence.

C) To overawe by criminal force, force the Central Govt., State Govt. etc.

D) All of these.

50 / 50

It is possible to convict three out of five members of assembly even if:

A) Two members participation is doubtful.

B) Two members were acquitted.

C) Two members could not be convicted because of un-identification.

D) None of the above.

The average score is 0%

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The Penal Code, 1860 Model Test 7 (English)

The Penal Code, 1860

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