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Offences Against Body (UGC/NET - Law)

Description: Legal aptitude
Number of Questions: 15
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Tags: Offences Against Body (UGC/NET - Law) Legal Aptitude Indian Penal Code
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Which of the following implies/imply criminal force?

  1. Assault

  2. Battery

  3. Whipping

  4. Intimidation

  5. All of the above


Correct Option: B
Explanation:

Battery is an act of beating. Battery implies use of criminal force. Criminal force is the use of force against any other person without the consent of that person with the intention of committing an offence.

Rohan picks up a stick and points it towards Sohan and says, I will beat you and break your bones.

Rohan has committed which of the following offences?

  1. Criminal assault

  2. Criminal intimidation

  3. Extortion

  4. Grievous hurt

  5. None of the above


Correct Option: A
Explanation:

Making gestures or preparation by the accused, which causes a reasonable apprehension that criminal force is about to be used is called an assault. Rohan, by picking a stick or with his words, is about to use criminal force against Sohan. 

Which of these statements is/are incorrect?

I. An assault is something less than the use of criminal force, the force being cut short before the blow actually falls. II. In criminal force, the assault is not consummated as force is actually used. III. An assault is included in every use of criminal force, but in assault there is merely apprehension of use of force and no use of actual force.

  1. I and II

  2. Only I

  3. Only II

  4. Only III

  5. None of the above


Correct Option: C
Explanation:

Statement II is incorrect. In every criminal force, assault is present. A criminal force is consummated by the assault and then actual force is used.

Which of these statements is/are incorrect?

I. An affray is regarded as an offence against the public peace; an assault is an offence against the person of an individual. II. An affray must be committed in a public place; an assault may take place anywhere. III. An assault may be committed by one or more persons; an affray must be committed by two or more persons.

  1. Only I

  2. Only II

  3. I and II

  4. All of the above

  5. None of the above


Correct Option: E
Explanation:

Option 5 is the correct answer as all the statements are correct.

A lady IAS officer was slapped on her posterior at a gathering by the Director-General of Police, Punjab. For which of the following offences will the DGP be held guilty?

  1. Criminal assault

  2. Criminal intimidation

  3. Mischief

  4. Outraging the modesty of a woman

  5. None of the above


Correct Option: D
Explanation:

An assault or use of criminal force to any woman, intending to outrage or knowing it to be likely that it will their outrage their modesty shall be punished under Indian Penal code. In above facts, a lady IAS officer was slapped on her posterior at a gathering by the Director-General of Police, Punjab. Thus, he is guilty under section 354 of Indian Penal Code.

Which of the following is/are not essential for the offence of kidnapping?

  1. Minor child

  2. Intention of accused

  3. Without the consent of lawful guardian

  4. All of the above

  5. None of the above


Correct Option: B
Explanation:

While kidnapping, the intention of the accused is not an essential ingredient of this offence. Kidnapping is one of the rare offences under Indian Penal Code where no mens rea is required to be proved.

In which of these cases is the offence of assault made out?

I. A shakes his fist at Z, intending or knowing it to be likely that he may thereby cause Z to believe that A is about to strike Z. II. A medical examination of a woman without her consent. III. A person throws brickbats into the house of another person.

  1. Only I

  2. Only II

  3. Only III

  4. I, II and III

  5. None of the above


Correct Option: D
Explanation:

All the above statements are correct as an offence of assault has been made out in all of them.

A police officer arrested and detained a person in the lockup despite production of a bail order from the court. The police officer is guilty of which of the following offences?

  1. Wrongful restraint

  2. Wrongful confinement

  3. Abduction

  4. Kidnapping

  5. None of the above


Correct Option: B
Explanation:

Wrongful confinement states that the person is prevented to move outside certain circumscribing limits in which that person has a right to move. A detention, despite production of a bail order from the court, is termed as wrongful confinement by the police officer.

Which of the given statements is/are incorrect regarding kidnapping?

I. A parent may be guilty of kidnapping his child if that child has attained majority or has lawfully married under that age. II. In the case of minor girls, Section 361 is attracted irrespective of the question whether she is married or unmarried. III. Consent given by the guardian after the commission of the offence would excuse the offence. IV. If the kidnapped girl turns out be less than 18 years of age, the kidnapper must take the consequences, even though the bona fide believed and had reasonable ground for believing that she was over eighteen.

  1. Only II

  2. I and II

  3. III and IV

  4. Only III

  5. Only IV


Correct Option: D
Explanation:

Statement III is incorrect. Consent by the guardian after the kidnapping of a child would not condone the offence and release the accused from his liability.

In which of the given cases is there a rape committed under Section 375 of the Indian Penal Code?

I. Sexual intercourse with an insane/drunk woman II. Sexual intercourse with a sleeping woman III. A person who, through impotency or otherwise, is physically incapable of committing rape IV. Sexual intercourse with a woman of easy virtue against her wish

  1. I, III and IV

  2. I and IV

  3. I, II and IV

  4. I and III

  5. All of the above


Correct Option: C
Explanation:

Statements I, II and IV constitute rape. 

Which of the given statements is/are correct with regard to the difference between kidnapping and abduction?

I. Kidnapping is committed only in respect of a minor or a person of unsound mind but abduction is committed in respect of any person of any age. II. The minor or the person of unsound mind is simply taken away or enticed to go with the kidnapper but in abduction, force or deceitful means are employed. III. In kidnapping, consent of the person enticed is immaterial but in abduction, consent of the person removed, if freely and voluntarily given, condones the offence. IV. In both kidnapping and abduction, intention is relevant.

  1. II and IV

  2. I and IV

  3. II, III and IV

  4. I, II and III

  5. None of the above


Correct Option: D
Explanation:

Statements I, II and III all are correct. 

Which of the following punishments is provided under Indian Penal Code for custodial rape, rape on a pregnant woman or rape on a woman under 16 years of age?

  1. Imprisonment for 7 years

  2. Imprisonment of not less than 10 years

  3. Life imprisonment

  4. Death sentence

  5. Either 3 or 4


Correct Option: B
Explanation:

Punishment for custodial rape, rape on a pregnant woman or rape on a woman who is under 16 years of age is provided under Section 376 of the Indian Penal Code. It provides rigorous imprisonment for a term which shall not be less than ten years but which may extend to imprisonment for life.

What is the difference between criminal intimidation and extortion under Indian Penal Code?

  1. Delivery of property

  2. Threat of injury

  3. Intention to give threat

  4. Both 1 and 2

  5. None of the above


Correct Option: A
Explanation:

Criminal intimidation is said to occur when a person threatens another with any injury to anyone with intent to cause that person to do any act. Extortion is said to take place when a person intentionally puts any person in fear of injury and thereby, dishonestly induces the person to put in fear to deliver to any person, any property. Difference between criminal intimidation and extortion is that extortion includes delivery of property.

Which of the following is/are called trespass made in a surreptitious manner?

  1. House trespass

  2. House breaking

  3. Lurking house trespass

  4. All of the above

  5. None of the above


Correct Option: C
Explanation:

When a person commits house trespass having taken precautions to conceal such house trespass from some person who has a right to eject the trespasser, it is said to be the offence of lurking house trespass. So, option 3 is the correct answer.

A finds the key to the door of Y's house, which Y had lost. A enters Y's house having opened the door with the key.

Which of the following offences has A committed?

  1. Lurking house trespass

  2. Criminal misappropriation

  3. Attempt to commit theft

  4. House breaking

  5. None of the above


Correct Option: D
Explanation:

A person is said to commit the offence of house breaking when he commits house trespass. As in above facts, A affects the entrance to the house of Y by the key which Y had lost. He commits house trespass by affecting the entrance. Thus, it becomes the offence of house breaking.

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