The Penal Code, 1860 Model Test 0% It must be finished within just 30 minutes. Time Over. Thank you Penal Code half model test universal The Penal Code Question: 50 Marks: 50 Time: 30 Minute 1 / 50 Which of the following is an INCORRECT element of criminal attempt? A) An act which constitutes the actus reus of criminal attempt. B) Failure in accomplishment because of some external intervention. C) A stage of crime where the accused could stop the actual commission by his subsequent change of mind. (If an act has reached the stage of attempt, a subsequent change of mind usually doesn't erase the attempt). D) Mens Rea on the part of the accused. 2 / 50 What does insanity as a defence mean? A) The person was intoxicated B) The person is highly stressed C) The person is incapable of knowing the nature of the act due to unsoundness of mind D) The person acted under grave provocation 3 / 50 A puts his scooter in B's garage on a foggy night. B finds it and removes it to the side of the road. A) B committed trespass to goods B) B committed no offence as he acted to protect his property (removed trespassing goods without dishonest intent) C) B committed theft D) B is liable for mischief 4 / 50 A and B were traveling. A had a ticket for Ayodhya, B for Benares. A handed her ticket to B to check. B pretended to return it but gave A a different ticket, keeping A's. B commits: A) Cheating. B) Mischief. C) Criminal misappropriation (or Cheating). D) Criminal breach of trust. 5 / 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) Death by rash and negligent act B) Culpable homicide not amounting to murder C) Murder D) Attempt to murder Y 6 / 50 A obtained Rs. 10,000 from B by putting B in fear of death. What offence did A commit? A) Cheating B) Robbery C) Extortion (It escalates to Robbery under Sec 390, but Extortion is the base offence. Key says (d)). D) Mischief 7 / 50 The difference between theft and extortion is that: A) Both (a) and (b). B) In theft, property is taken without the owner's consent; in extortion, consent is wrongfully obtained by putting the person in fear. C) None of the above. D) Theft relates to immovable property while extortion relates to movable property. 8 / 50 Which statement correctly defines theft? A) Dishonest moving of movable property out of the possession of any person without that person's consent B) Removal of property from custody without consent C) Dishonest removal of any property D) Dishonest removal of one's property 9 / 50 Which of the following is correct regarding Mens Rea? A) A statute can exclude that element B) Mens Rea is an essential ingredient of a criminal offence C) Both (a) and (b) D) None of the above 10 / 50 A man suddenly murdered his wife and sister-in-law without attempting to run away. This case: A) Does not fall within Section 84 because absence of motive does not imply unsoundness of mind B) Falls within Section 84 due to absence of motive C) Does not fall within Section 84 due to presence of motive D) Falls within Section 84 11 / 50 The offence of simple hurt is made out by: A) Dragging by hair in an aggressive manner B) A kick on the back C) Fisting in the course of an attack D) All of the above 12 / 50 In the offence of extortion, the threat of injury can be directed against: A) His family. B) His relations. C) The person himself. D) Any person (himself or any other). 13 / 50 Illegal' means everything which: A) Is prohibited by law B) Furnishes ground for a civil action C) Is an offence D) All of the above 14 / 50 Which of the following is NOT an essential of an unlawful assembly? A) The object of the assembly must be to resist the execution of any law or of any legal process. B) There must be more than five persons to constitute an unlawful assembly. C) The object of the assembly must be to commit any mischief or criminal trespass or, other offence. D) The object of the assembly may be to overawe by criminal force, or show of criminal force the Central or any State Government. 15 / 50 Which case is NOT covered by the exception in Section 89 (acts for a child's benefit by guardian's consent)? A) A confining a child for its benefit B) A moderately whipping 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 16 / 50 A instigates B to kidnap Z's son. B instigates C to do so, and C kidnaps the child. A) Only B is guilty of abetting C. B) Only A is guilty of abetment. C) Both A and B are guilty of abetment. D) None of the above. 17 / 50 According to the text, which of the following is a method of constituting abetment? A) Conspiracy B) Ignorance C) Silence D) Negligence 18 / 50 Which statement correctly describes the concept of 'Mens rea'? A) Absolute prohibition (strict liability) is not required to negate mens rea. B) It needs to be present at planning, but not commission. C) If the statute is silent, it is excluded. D) It should be excluded unless specifically required. 19 / 50 X intending to kill Y by poisoning purchases poison and mixes the same with a glass of milk. He gives the glass to Z to serve it to Y. Z drinks the milk and dies. Which one of the following statements is correct in this context? A) X commits the offence of death of rash or negligent act B) X commits the offence of abetment of suicide by Z C) X commits no offence as Z drinks the milk voluntarily D) X commits the offence of murder. 20 / 50 To constitute the offence of criminal conspiracy, what is the necessary condition to be proved? A) Committing a crime on sudden provocation B) An agreement of two or more persons to do an illegal act (or a legal act by illegal means) C) A prior meeting of two or more persons D) Doing an illegal act with the help of others 21 / 50 Which of the following is NOT an ingredient of the defence of necessity under Section 81? A) The act is known to be likely to cause harm, but done without criminal intention B) The act must have been done in good faith C) The act must be done to prevent other harm to person or property D) The act must be done neither with intention nor knowledge to cause harm 22 / 50 A knocked out two teeth of B. A has committed the offence of: A) Attempt to hurt B) Simple hurt C) Grievous hurt (Dislocation/fracture of tooth). D) Culpable homicide 23 / 50 The defence of consent is NOT available in cases involving consent to cause: A) Death or grievous hurt B) Property damage C) Trespass D) Simple hurt 24 / 50 The two essential constituents of a crime are: A) Actus reus and Mens rea B) Motive and Actus reus C) Mens rea and Preparation D) Intention and Execution 25 / 50 The right of private defence is available to: A) Only adults B) Only those capable of committing a crime C) Only public servants D) All, irrespective of age and capacity 26 / 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 acted fully within his right of private defence and is not liable. C) B is completely innocent under Section 103. D) B was entitled to cause death under Section 104. 27 / 50 Which of the following elements constitute criminal misappropriation of property? 1. Movable property belonging to another. 2. Any property. 3. Misappropriation to own use. 4. Dishonest intention. A) 1, 2, 3 and 4 B) 2 and 3 C) 1, 3 and 4 D) 2 and 4 28 / 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) All of the above B) Offences against public morals C) Public nuisance D) Offences against public safety 29 / 50 In case of imprisonment for non-payment of a fine, what happens if the fine is paid in part? A) The sentence is forgiven entirely B) The sentence shall be reduced proportionately C) The person is granted bail D) The sentence remains the same 30 / 50 A makes an attempt to pick Z's pocket but finds it empty. A) None of these B) A has not committed any offence C) A made an unsuccessful attempt, so no offence D) A has committed an attempt to commit an offence and is punishable under Sec 511 31 / 50 Under the Penal Code, who among the following is absolutely immune from committing theft? A) A child below 12 years B) None of the above C) A child between 9 and 12 years with maturity D) A child below 9 years of age (Historically 7, amended by Children Act 2013) 32 / 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 wrongfully restraining a person (without apprehension of death or grievous hurt). B) An assault with the intention of committing rape. C) An assault with the intention of kidnapping or abducting. D) An assault with the intention of gratifying unnatural lust. 33 / 50 A, intending to murder Z, instigates B, a lunatic, to give poison to Z. B takes the poison himself and dies. A) A is guilty of abetment of murder (as he instigated the act with intent to kill). B) None of the above. C) A is guilty of causing the death of a lunatic only. D) A is not guilty as a lunatic cannot be an offender. 34 / 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 be liable for the abetment of murder of D. 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 not be liable because a child cannot commit an offence. 35 / 50 Which of the following is correct regarding Section 84? A) None of the above B) Mere absence of motive does not bring the case within Section 84 C) A person is exonerated if they act under unsoundness of mind D) Both (a) and (b) 36 / 50 The jurisdiction for trying a criminal offence primarily depends on: A) Where the victim lives B) Where the accused was arrested C) The place where the crime has been committed D) Where the FIR was filed 37 / 50 If an act is considered a "moral wrong" but not a legal offence, is abetting it a crime? A) No B) Yes, under strict liability C) Yes, if it offends public sentiment D) Yes 38 / 50 Which one of the following is an essential ingredient of sedition? A) Words spoken must cause public disorder by acts of violence B) Malafide intention C) Dishonest intention D) Words spoken must be capable of exciting disaffection towards the Government. 39 / 50 Preparation to commit dacoity is punishable under: A) Section 379 B) Section 399 C) Section 392 D) None of the above 40 / 50 For criminal conspiracy, the minimum number of persons required is: A) One B) Two C) Five D) Three 41 / 50 A wife threatened to leave her husband forever without reason, removed her 'thali' (mangalsutra), and threw it at him. The husband kills her. This act: A) Is covered by Exception 2 (private defence). B) Might be covered by exceptions (provocation). C) Will not be covered by this exception. D) None of the above. 42 / 50 Z, intending to steal, opened Y's box and found it empty. Z is: A) Not liable as commission was impossible. B) Not guilty as it was only preparation. C) Guilty of attempt to commit theft as he had the intention and did an act towards it. D) Not liable as he didn't do the penultimate act. 43 / 50 Culpable homicide has been defined under: A) None of the above B) Section 299 of the Penal Code C) Section 302 of the Penal Code D) Section 300 of the Penal Code 44 / 50 ‘A’ instigates B to cause grievous hurt to X. In consequence of the instigation B causes grievous hurt to X. X dies in consequence. A is guilty of abetment of: A) Grievous hurt as A had instigated to commit grievous hurt and not murder. B) Murder if A knew that the grievous hurt abetted was likely to cause death. C) Culpable homicide not amounting to murder as death had resulted as a consequence of the grievous hurt. D) Murder even if A did not know that the grievous hurt and not murder. 45 / 50 In the above case, the accused: A) Is guilty of rape only B) Is guilty of murder only C) Is guilty of murder unless he was so drunk he couldn't form the intent D) Is not guilty 46 / 50 The Bangladesh Penal Code punishes: A) Accidental acts B) Voluntary acts C) Involuntary acts D) Reflex acts 47 / 50 X instigates Y to murder Z. Y in pursuance of the instigation stabs Z who recovers from the wound. Which one of the following statement is correct? A) Y is liable for attempt to murder and X is liable for abetment of attempt to murder. B) Y is guilty of attempt to murder and X is guilty of no offence C) Y is guilty of attempt to murder and x is guilty of abetment of murder. D) X is guilty of attempt to murder and Y is guilty of offence. 48 / 50 A finds a ring belonging to Z on a table in Z's house. The ring is in Z's possession. If A dishonestly removes it, A commits: A) Criminal misappropriation B) Theft C) Robbery D) Dacoity 49 / 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) Abetment of murder B) Culpable homicide C) Grievous hurt D) Murder (Provocation exception does not apply to lawful exercise of private defence) 50 / 50 T instigates C, a child under seven years of age to do an act which can cause X’s death. In consequence of this C cause X’s death in absence of T. With reference to the above statement” Assertion (A): T is liable for murder of X, even though the actual act has been committed by an infant. Reason (R): The liability of the abettor depends upon the capability and knowledge or intention of the person abetted. A) A is false but R is true. B) Both A and R are true and R is NOT a correct explanation of A C) A is true but R is false D) Both A and R are true and R is the correct explanation of A Your score isThe average score is 0% 0% Send feedback Facebook X LinkedIn Pinterest Messenger Messenger WhatsApp Telegram Share via Email Print