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Criminal Law (UGC/NET)

Description: Law Aptitude
Number of Questions: 25
Created by:
Tags: Law Aptitude Indian Penal Code
Attempted 0/25 Correct 0 Score 0

In criminal law, a successful prosecution means

  1. acquittal of the accused

  2. conviction of the accused

  3. the accused is discharged unconditionally

  4. punishment to the accused as per law

  5. None of these


Correct Option: B
Explanation:

A conviction is the judgement or verdict which results when a court of law finds a defendant guilty of a crime. A successful prosecution is when the accused is convicted on the prosecution filed by the prosecutor.

Section 304A does not apply if

  1. death is caused intentionally

  2. the act amounts to culpable homicide

  3. death occurs due to accident

  4. All of the above

  5. None of these


Correct Option: D
Explanation:

Section 304A does not apply to the case where death is caused intentionally or where the act amounts to culpable homicide or where death occurs due to accident.

A public prosecutor filed a case in the court of Judicial Magistrate for the offence under section 498A of the Indian Penal Code.

Which of the following is a correct drafting with regard to the above mentioned offence?

  1. Prosecution to sue the defendant

  2. Plaintiff to prosecute the defendant

  3. Plaintiff to sue the defendant

  4. Prosecutor to prosecute the defendant

  5. None of these


Correct Option: D
Explanation:

A prosecutor is a lawyer who works for a state or files case on behalf of the government under criminal law. “Prosecutor prosecutes the defendant” is the correct sense of representing a case that falls under criminal law.

Unnatural offences like sodomy, buggery and bestiality are punishable under

  1. Section 377

  2. Section 378

  3. Section 376

  4. Section 374

  5. None of these


Correct Option: A
Explanation:

Unnatural offences like sodomy, buggery and bestiality are punishable under Section 377 of the Indian Penal Code.

Culpable homicide is not murder if it is committed

  1. with the consent of the victim whose age is 12 years

  2. with the consent of the victim who has completed 18 years of age

  3. when the offender is acting under the spell of madness

  4. when the offender is acting in anger

  5. None of these


Correct Option: B
Explanation:

Criminal law provides as an exception that culpable homicide is not murder when the person whose death is caused being above the age of eighteen years suffers death or takes the risk of death with his own consent.

Which of the following threats does not amount to criminal intimidation?

  1. Threat of injury to reputation

  2. Threat of picketing

  3. Threat of social boycott

  4. Threat of killing

  5. No such threat


Correct Option: C
Explanation:

Social boycott means shunning of a person from the society. In other words, it means to make that individual so uncomfortable that he decides to leave the society. Threat of social boycott does not fall under the definition of criminal intimidation.

X has sufficient food. He does not provide any food to a beggar, who later dies of hunger. X is guilty of

  1. no offence

  2. attempt to murder

  3. murder

  4. causing death by rash or negligent act

  5. None of these


Correct Option: A
Explanation:

Here, X possesses no legal duty to save the life of the beggar. Hence, X is guilty of no offence. However, it is a moral duty and moral duties are not punishable under criminal law.

Which section of the Indian Penal Code punishes a man (married or unmarried) who induces a woman to become, as she thinks, his wife, but in fact his concubine?

  1. Section 493

  2. Section 494

  3. Section 495

  4. Section 498A

  5. None of these


Correct Option: A
Explanation:

When a man, whether married or unmarried, deceives a woman who is not lawfully married to him to believe that she is lawfully married to him and to have sexual intercourse with him is punishable under Section 493 of the Indian Penal Code.

Taking or enticing away or concealing or detaining a woman, knowing or having reason to believe her to be married, from her husband in order that she may have illicit intercourse with any man is

  1. abduction

  2. criminal elopement

  3. abduction and rape

  4. prostitution

  5. kidnapping


Correct Option: B
Explanation:

When an accused takes or entices or conceals or detains any woman who is the wife of other man with the intention of performing sexual intercourse with any person is punishable for the offence of criminal elopement under the Indian Penal Code.

Punishment for criminal conspiracy is given in

  1. Section 120B, IPC

  2. Section 120A, IPC

  3. Section 144, CrPC

  4. Section 500, IPC

  5. None of these


Correct Option: A
Explanation:

A person who is a party to the criminal conspiracy to commit an offence is punishable with death or imprisonment for life will be punished in the same manner as if he has abetted the offence. Punishment for criminal conspiracy is provided under Section 120B of the Indian Penal Code.

Imprisonment in case of default of payment of fine is

  1. simple

  2. rigorous

  3. simple or rigorous

  4. solitary confinement

  5. Any of the above


Correct Option: A
Explanation:

If the offence is punishable with fine only, then the imprisonment which the court imposes in default of payment of fine shall be simple.

Which of the following defences is not available to a person who has committed a criminal act?

  1. Infancy

  2. Self-defence

  3. Self-preservation

  4. Consent of the other party

  5. None of these


Correct Option: C
Explanation:

Self-preservation is not a defence under the Indian Penal Code. For instance, where two persons are on an island, one cannot kill the other so that he can eat him and continue to live.

In which of the following cases must the punishment be rigorous?

  1. Giving false evidence with the intent to procure conviction of a capital offence

  2. House trespass to commit an offence punishable with death

  3. Robbery

  4. All of the above

  5. None of these


Correct Option: D
Explanation:

Giving false evidence to procure conviction of a capital offence, house trespass for an offence punishable with death and robbery are all such offences which are serious in nature and hence, punishable with rigorous punishment.

‘A’ incites a dog to spring upon Z without Z’s consent. A commits the offence of

  1. using criminal force

  2. criminal intimidation

  3. mischief

  4. criminal assault

  5. None of these


Correct Option: A
Explanation:

‘A’, with the malafide intention to cause injury, fear or annoyance to ‘Z ‘, uses criminal force on Z. A commits the offence of using criminal force under the Indian Penal Code.

A person commits an assault if he

  1. makes any gesture or any preparation intending or knowing it to be likely that such gesture or preparation will cause any person present to apprehend that he is about to use criminal force on that person

  2. makes any preparation intending or knowing it to be likely that such preparation will cause any person present to apprehend that he is about to use criminal force on that person

  3. speaks any words intending that such person present to apprehend that he is about to use criminal force to that person

  4. Any of the above

  5. None of these


Correct Option: A
Explanation:

An assault, as defined under Section 351 of the Indian Penal Code, is whoever makes any gesture or any preparation intending or knowing it to be likely that such gesture or preparation will cause any person present to apprehend that he is about to use criminal force is said to commit an assault.

Mark the incorrect option.

  1. Like criminal breach of trust and misappropriation, there is wrongful gain or loss in cheating.

  2. In both theft and criminal misappropriation, movable property is involved. In cheating, any property is involved.

  3. In cheating, property is taken out of the possession of another person.

  4. In cheating, dishonest intention starts with the very inception of transaction and in breach of trust when the person receives property legally, but retains or converts it unlawfully.

  5. None of these


Correct Option: C
Explanation:

In cheating, property is not taken out of the possession of another person. In the offence of cheating, the property is delivered to the person who induces the person delivering the property.

The Information Technology Act, 2000 has not amended which of the following sections of the Indian Penal Code?

  1. Section 464

  2. Section 29A

  3. Section 466

  4. Section 120A

  5. None of these


Correct Option: D
Explanation:

Section 120A was inserted by the Amendment Act, 1913, which deals with the definition of criminal conspiracy.

A causes miscarriage to B. A is liable for

  1. culpable homicide of the unborn child

  2. murder of unborn child

  3. grievous hurt to B

  4. death by negligence

  5. No offence


Correct Option: C
Explanation:

A causes miscarriage to B, which causes B to be in severe pain. Hence, A would be held guilty of causing grievous hurt.

What punishment may be awarded to a person whose act is covered under general exceptions?

  1. No punishment

  2. Half of the punishment prescribed for that offence

  3. One-fourth of the punishment prescribed for that offence

  4. Depends upon the discretion of the court

  5. Any of the above


Correct Option: A
Explanation:

General exceptions indicate the absence of mens rea element in the act of commission of an offence. When a person is accused of any offence, the burden of bringing the case within general exceptions lies on that accused person. If the case is proved, then no punishment shall be awarded in such a case.

Mark the incorrect option.

  1. Mere possession of stolen property is not an offence. It must be received and retained dishonestly and with the knowledge that it is stolen property.

  2. The person who receives or retains stolen property is punished in the same manner as a person who commits theft.

  3. There can be no offence under Section 411 unless a thing stolen falls under Section 410.

  4. “Dishonest retention” of property is the same as “dishonest reception” of it.

  5. None of these


Correct Option: D
Explanation:

“Dishonest retention” of property is different from “dishonest reception”. Under “dishonest retention”, dishonesty supervenes after the act of possession, while in “dishonest reception”, dishonesty is contemporaneous with the act of acquisition of property.

Use of violence by a member of an assembly of five or more persons in furtherance of common object will constitute

  1. affray

  2. assault

  3. rioting

  4. unlawful assembly

  5. None of these


Correct Option: C
Explanation:

Whenever violence is used by an unlawful assembly or by any member thereof in prosecution of a common object of such assembly, then every member of such assembly is guilty of offence of rioting.

Mere preparation to commit a crime is not punishable, yet preparation with intention amounts to

  1. assault

  2. intimidation

  3. extortion

  4. All of the above

  5. Both (1) and (2)


Correct Option: A
Explanation:

Preparation with an intention is punishable as an assault. The offence of assault states that where a person prepares for a crime with a guilty intention and creates apprehension in the mind of another that criminal force is about to be used on him is an offence of assault.

Voluntary intoxication

  1. makes an offence more serious or increases the gravity of an offence

  2. is a weak defence to a criminal charge

  3. is no excuse for the commission of an offence

  4. reduces the gravity of all the offences

  5. None of these


Correct Option: C
Explanation:

Where a person voluntary intoxicates himself, it is not a defence for him to claim that he did not intend any actions he committed while intoxicated. Thus, voluntary intoxication is no excuse for the commission of an offence.

Which of the following conclusions can be drawn from de minimis non curat lex?

  1. Necessity knows no law.

  2. Nothing is an offence done by a child under 7 years of age.

  3. Every person is liable for his own acts.

  4. Trifling acts do not constitute an offence.

  5. None of these


Correct Option: D
Explanation:

De minimis non curat lex means law does not concern itself with trifles. It is a principle of law that even if a technical violation of a law appears and its effect is too small, the law would not take action on such small and trifling acts.

Which section of the Indian Penal Code makes punishable the forgery of a record in a court of justice or a register of birth, baptism, marriage or burial or a certificate of authority to institute or defend a suit or a power of attorney?

  1. Section 465

  2. Section 466

  3. Section 467

  4. Section 468

  5. Section 469


Correct Option: B
Explanation:

Section 466 of the Indian Penal Code makes punishable the forgery of a record in a court of justice or a register of birth, baptism, marriage or burial or a certificate of authority to institute or defend a suit or a power of attorney.

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