The Penal Code, 1860 Model Test 9 (English)

Penal Code Model Test 9 (English)

The Penal Code, 1860

Questions: 50
Full Marks: 50
Time: 30 Minutes

1 / 50

If the deceased did not die from the initial injuries but from a subsequent infection or consequence, because the injuries were the primary cause, the person causing the injuries is guilty of:

A) Hurt

B) Grievous hurt

C) None of the above

D) Murder

2 / 50

Unlawful homicide includes:

A) Culpable homicide not amounting to murder

B) Negligent homicide (causing death by rash or negligent act)

C) Murder

D) All of these

3 / 50

The word 'knowledge' under Section 299 denotes:

A) Both certainty and probability

B) None of the above

C) A probability

D) A certainty

4 / 50

Dowry death describes a situation that falls under:

A) Culpable homicide

B) Murder

C) A specific offence distinct from murder, often treated similarly to culpable homicide not amounting to murder

D) None of the above

5 / 50

A, intending to murder B by poison, mixes poison in a glass of water. He gives it to a bearer to serve B. The bearer trips, drops the glass, and it breaks. What has A committed?

A) A has committed attempt to murder

B) A has committed attempt to commit culpable homicide

C) A has committed abetment

D) A has committed no offence

6 / 50

A administers a drug to B to procure an abortion, believing her to be pregnant, but she is not. Held:

A) A is liable for attempt because the actual commission was avoided by a fact beyond A's control (factual impossibility is no defence)

B) A is liable for causing hurt by poisoning

C) A attempted a legal impossibility and is not liable

D) A is not liable because causing abortion was factually impossible

7 / 50

The principle of proximity to crime under criminal law is irrelevant while deciding the liability for the offences of:

A) Theft and dacoity

B) Abetment and conspiracy

C) Kidnapping and abduction

D) Culpable homicide and murder

8 / 50

The punishment for Dowry death is:

A) Not less than seven years and in rare circumstances may extend to a death sentence

B) Not less than three years

C) Not less than five years

D) Imprisonment for a term which shall not be less than seven years but which may extend to imprisonment for life

9 / 50

Consider the following statements: 1. Five or more persons assembled where one killed A. 2. A and B, enemies of C, decided distinctly to kill C. A killed C while B was present. 3. Presence of a participant in a prearranged plan is not necessary at the time of the actual commission. 4. Privity of mind of all accused is essential for a crime. Which are correct?

A) 2, 3, and 4 are correct

B) 1, 2, and 4 are correct

C) 1, 3, and 4 are correct

D) 1, 2, and 3 are correct

10 / 50

Punishment for culpable homicide not amounting to murder is given in the Penal Code in:

A) Section 300

B) Section 304

C) None of the above

D) Section 302

11 / 50

Under Section 299, the connection between the act and the death caused must be:

A) None of the above

B) Direct

C) Both (a) and (b)

D) Indirect

12 / 50

A, intending to kill her husband, purchased what she thought was poison from a chemist who mistakenly gave her plain sugar. She served it in tea. Her husband drank it and did not die. Is she guilty of attempt to murder?

A) She is liable because she committed the penultimate act

B) She is not liable because administering sugar is not a step towards murder

C) She is liable because her intention to kill her husband is clear from the totality of acts (factual impossibility is generally not a defence for attempt)

D) She is not liable because her husband did not die

13 / 50

Where a bodily injury is sufficient in the ordinary course of nature to cause death, it is:

A) None of the above

B) Immaterial to find the intention

C) Essential to find the intention

D) Implied that the intention was to cause death (under Section 300 clause 3)

14 / 50

Culpable homicide is not murder if the accused is deprived of the power of self-control by:

A) Grave and sudden provocation by the deceased (or someone the deceased represents)

B) All of these

C) Grave and sudden provocation by an act of God

D) Grave and sudden provocation by anyone

15 / 50

Y gives grave and sudden provocation to A. A fires a pistol, missing Y, but accidentally kills Z who is nearby. A has committed:

A) Culpable homicide not amounting to murder

B) Death by rash and negligent act

C) Attempt to murder Y

D) Murder

16 / 50

Regarding the offence of culpable homicide:

A) Both (a) and (b)

B) It is immaterial if the person whose death is caused is not the very person the accused intended to kill (Doctrine of transfer of malice)

C) None of the above

D) The offence is complete as soon as a person is killed

17 / 50

The accused gave the deceased a severe push on the back. He fell, sustained injuries, and died on the fifth day. This is a case of:

A) Culpable homicide not amounting to murder (if knowledge/intent is established)

B) Simple hurt

C) Murder

D) Using criminal force

18 / 50

Homicide is the killing of a human being by:

A) A human being, whether lawful or unlawful

B) A human being, which is unlawful

C) Anyone, whether human or animal

D) A human being, whether lawful only

19 / 50

A attempts to pull Z's nose. Z exercises his right of private defence and holds A. A is moved to sudden and violent passion and kills Z. This is:

A) Murder (Provocation exception does not apply to lawful exercise of private defence)

B) Culpable homicide

C) Grievous hurt

D) Abetment of murder

20 / 50

Adultery is defined as:

A) Sexual intercourse with an unmarried woman

B) Sexual intercourse with a person whom he knows or has reason to believe to be the wife of another man, without the consent or connivance of that man, such intercourse not amounting to rape

C) Sexual intercourse with the wife of another man, with the consent or connivance of that man

D) None of the above

21 / 50

Which of the following constitute grievous hurt?

A) Permanent disfiguration of the head or face

B) All of the above

C) Emasculation

D) Privation of any member or joint

22 / 50

A shoots Z with the intention of killing him. Z dies as a consequence. A commits:

A) Criminal use of force

B) Culpable homicide not amounting to murder

C) Assault

D) Murder

23 / 50

X instigates Y to commit the murder of Z. Y, in consequence, stabs Z, but Z survives the wound. X is guilty of:

A) Murder

B) Abetment of murder

C) Attempt to murder

D) Abetment of attempt to murder

24 / 50

Which of the following is correct regarding culpable homicide and murder?

A) All culpable homicides are murders

B) Both (a) and (b)

C) None of the above

D) All murders are culpable homicides, but all culpable homicides are not murders

25 / 50

Once it is established that an act was deliberate and not an accident, rashness, or negligence, the offence would likely be:

A) Murder

B) Culpable homicide

C) Attempt to murder

D) Grievous hurt

26 / 50

Murder has been defined under:

A) Section 302 of the Penal Code

B) None of the above

C) Section 300 of the Penal Code

D) Section 299 of the Penal Code

27 / 50

Section 299 has the following essentials:

A) Such death must have been caused by doing an act

B) Both (a) and (b)

C) Causing of death of a human being

D) None of the above

28 / 50

During a fight between two ladies, A and B, A pulls B by the hair and removes some of her hair. A is guilty of the offence of causing:

A) None of the above

B) Simple hurt

C) Simple hurt by a rash and negligent act

D) Grievous hurt (dislocation of a tooth or bone, or equivalent permanent damage - hair removal might be argued as simple hurt, but based on the provided answer key)

29 / 50

Grave & sudden provocation is a:

A) None of the above

B) Mixed question of fact and law

C) Question of law

D) Question of fact

30 / 50

In kidnapping from lawful guardianship, the consent of the minor is:

A) None of the above

B) Wholly immaterial

C) Wholly material

D) Partly immaterial

31 / 50

A woman, intending to poison her husband, administered what she believed to be arsenic, but it was actually sugar. Held:

A) A is NOT liable for attempt to murder because the substance administered could never bring about the desired result (depending on jurisdiction's approach to impossibility; the provided key says (d))

B) A is liable for attempt as she used means she believed capable of causing death

C) A is liable for attempt to kill because of her intention

D) A is liable for attempt as her act was towards the commission

32 / 50

Which of the following statements is correct?

A) None of the above

B) An offence cannot amount to culpable homicide without amounting to murder

C) Both of the above

D) An offence cannot amount to murder if it does not fall within the definition of culpable homicide

33 / 50

Culpable homicide means the causing of death by doing an act with:

A) The knowledge that he is likely by such act to cause death

B) The intention of causing death

C) All of these

D) The intention of causing such bodily injury as is likely to cause death

34 / 50

A, under threat of instant death, held B's legs while C murdered B. Under the same threat, A helped conceal the body. A did not state he protested or was threatened again during concealment.

A) A will be liable for neither due to continuous threat

B) A will be liable for concealing the body but not for murder

C) A will be liable for both murder and concealing the body

D) A will be liable for murder (as Section 94 does not excuse murder) but might not get the defence of compulsion for concealing the body

35 / 50

The essential ingredient of the offence of rape is sexual intercourse:

A) Against her will

B) None of the above

C) Without her consent

D) Both (a) and (b) (or under other specified circumstances like coercion/fraud)

36 / 50

A struck B on the head. B fell bleeding and senseless. A and his wife thought B was dead, placed him on a pyre, and set it on fire, causing B's death. They are guilty of:

A) Simple hurt

B) Murder

C) Grievous hurt

D) Culpable homicide

37 / 50

Z, a pickpocket, attempts to steal from a gentleman with a loaded pistol in his pocket. Z touches the trigger, the gun goes off, and the gentleman dies. Z's liability:

A) Z is liable for murder

B) Z is liable for attempting homicide

C) Z is not liable for murder but only for pickpocketing, as the death was a pure accident while engaged in another offence

D) Z is liable for murder because he cannot claim the defence of accident while doing an unlawful act

38 / 50

Culpable homicide not amounting to murder is punishable with:

A) Imprisonment for life, or imprisonment for a term which may extend to ten years, and fine

B) Death

C) Imprisonment for life only

D) None of the above

39 / 50

Which of the following correctly identifies the remedies available to the victim in case of false imprisonment?

A) Self-help, abatement, action for damages

B) Habeas corpus, action for damages, injunction

C) Injunction, abatement, action for damages

D) Self-help, habeas corpus, action for damages

40 / 50

A and B went to a field to protect a crop being reaped forcibly by an opposite party. During the altercation, A killed a person. Liability?

A) None of the above

B) Only A is liable for murder (if he exceeded his right of private defence individually)

C) Both A and B are liable for murder

D) Only B is liable for murder

41 / 50

Which statement correctly defines the term murder?

A) Death is caused with the intention of causing such bodily injury as the offender knows to be likely to cause the death of the person to whom the harm is caused

B) Death is caused with the knowledge that the act is so imminently dangerous that it must, in all probability, cause death

C) The act must be done with the intention of causing such bodily injury as is likely to cause death

D) Death is caused under grave and sudden provocation

42 / 50

Which of the following statements is correct?

A) None of the above

B) A knowledge that the natural and probable consequence of an act would be death is sufficient for murder

C) An intention to kill is not always necessary to make out a case of murder

D) Both (a) and (b)

43 / 50

A shot B intending to kill him. While B was being taken to the hospital, a tree fell on B, and B died days later. If the falling tree caused B's death, then:

A) The falling tree has broken the chain of causation, making A liable only for attempt

B) A is not liable to pay compensation

C) A shall be responsible for the death of B (if the initial wound was a substantial cause)

D) None of the above is correct

44 / 50

The accused struck his wife with a wooden rod, rendering her unconscious. Believing her dead, he hanged her to fake suicide, thereby causing her death by strangulation. He is guilty of:

A) Culpable homicide not amounting to murder

B) Murder

C) Grievous hurt (or culpable homicide depending on jurisdiction's interpretation of such mistakes; the provided key says (c))

D) Hurt

45 / 50

Assault cannot be caused by:

A) Mere gestures

B) Mere preparation

C) Mere words

D) None of the above

46 / 50

Culpable homicide has been defined under:

A) None of the above

B) Section 300 of the Penal Code

C) Section 302 of the Penal Code

D) Section 299 of the Penal Code

47 / 50

Illicit intercourse implies:

A) None of the above

B) Both (a) and (b)

C) Sexual intercourse between two persons not united by marriage

D) Rape

48 / 50

M had an affair with Sudha, A's wife. A followed Sudha to M's place with a hatchet, assaulted M, and wounded him. M then stabbed and killed A. There was no evidence that killing A was necessary for defence.

A) M is liable because he could not claim private defence due to his illicit relationship

B) M acted in self-defence and is not liable

C) M is liable for murder because he failed to establish that causing death was necessary for defence

D) M is not liable as he had no intention to kill and A was the aggressor

49 / 50

Culpable homicide is not murder if it is committed under:

A) Grave and sudden provocation

B) Madness

C) Sudden fight in the heat of passion upon a sudden quarrel (Anger)

D) Moral conviction

50 / 50

X obtains property from Z by saying, "Your child is in the hands of my gang and will be put to death unless you send us ten lakh rupees." X commits:

A) Criminal breach of trust

B) Extortion

C) Robbery

D) Theft

The average score is 0%

0%

The Penal Code, 1860 Model Test 9 (English)

The Penal Code, 1860

📚 Practice More Model Tests (Penal Code English):

Related Articles

বার কাউন্সিল পূর্ণাঙ্গ মডেল টেস্ট ১৫ | ১০০ নম্বর ৬০ মিনিট

ফৌজদারী কার্যবিধি মডেল টেস্ট ৪

ফৌজদারী কার্যবিধি মডেল টেস্ট ৩

দেওয়ানী কার্যবিধি, ১৯০৮ মডেল টেস্ট ১৮