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Indian Penal Code - 1

Description: Indian penal Code - 1
Number of Questions: 15
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Tags: Indian penal Code - 1 Law of Crimes-General Principles
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Section 1 of the Indian Penal Code, 1860 deals with

  1. definition of crime

  2. title and extent of operation of the code

  3. title and jurisdiction of the code

  4. None of these


Correct Option: B
Explanation:

Section 1 of the Indian Penal Code, 1860 deals with "title and extent of operation of the code". 

Who is/are not exempted from intra-territorial jurisdiction of the Indian Penal Code?

  1. The President of India and the governor of states

  2. Public

  3. Foreign sovereigns and ambassadors

  4. Alien enemies


Correct Option: B
Explanation:

Section 2 of the Indian Penal Code states that every person shall be punished, who commits an offence, within India. Section 2 mentions “every person” within India. However, there are certain persons exempted from the jurisdiction of Criminal Courts. These persons are given certain rights, privileges, etc.   Such persons are: (a) Foreign sovereigns (b) Ambassadors (c) Alien enemies (d) Warships (e) President and governors (f) Foreign army 

Which of the following is not an essential element of an offence?

  1. Motive

  2. Intention

  3. Injury to another person

  4. Prohibited act


Correct Option: A
Explanation:

There are four elements which constitute a crime. · Human beings · Mens rea or guilty intention · Actus reus or illegal act or omission · Injury to another human being

“In every statute, mens-rea is to be implied unless the contrary is shown”. This view was expressed in which of the following cases?

  1. Sheras v. De-Rutzen

  2. R v. Dudley & Stephen

  3. Harding v. Price

  4. R v. Prince


Correct Option: A
Explanation:

“In every statute, mens-rea is to be implied unless the contrary is shown”. This view was expressed in the case of Sheras v. De-Rutzen.

A Spanish citizen residing in Paris instigated the commission of an offence, which in consequence was committed in India. Which of the following statements is correct?

  1. He is liable as the offence was committed in India.

  2. He is liable since the Indian Penal Code also extends to extra-territorial acts.

  3. He can be held liable because the offence was to be committed in India.

  4. He cannot be held liable because the offence was not instigated on the Indian territory.


Correct Option: A
Explanation:

A Spanish citizen residing in Paris instigated the commission of an offence, which in consequence was committed in India. He is liable as the offence was committed in India. 

Nemo debet proeadem causa bis vexari is related to

  1. self-incrimination

  2. double jeopardy

  3. legal aid

  4. None of these


Correct Option: B
Explanation:

Nemo debet proeadem causa bis vexari is related to double jeopardy.

Two lovers, not allowed by their parents to marry, agreed to commit suicide but later on gave up the idea of suicide. What is the liability of the lovers?

  1. They are guilty under Section 120-B of the Indian Penal Code.

  2. They are not guilty under Section 120-B of the Indian Penal Code.

  3. They are guilty under Section 34 of the Indian Penal Code.

  4. They are guilty under Section 309 of the Indian Penal Code.


Correct Option: A
Explanation:

When two or more per­sons agree to do an illegal act or an act which is not illegal by illegal means, such an agree­ment is designated a criminal conspiracy.

Which of the following jurists opined that crime is an act or omission in violation of public rights?

  1. Pollock

  2. Austin

  3. Blackburn

  4. Blackstone


Correct Option: D
Explanation:

William Blackstone in his book, "Commentaries on the Laws of England" has defined crime as “an act committed or omitted in violation of public law forbidding or commanding it".

Which of the following is/are the essential(s) of sedition?

  1. Intention

  2. Benefits or gains of the accused

  3. Result

  4. Both intention and result


Correct Option: D
Explanation:

Law of sedition relates to the uttering of seditious words, the publication of seditious libels, and conspiracies to do an act for the furtherance of a seditious intention.

Non-treatment of a victim by a hospital is punishable under

  1. Section 166 IPC

  2. Section 166-A IPC

  3. Section 166-B IPC

  4. Section 166-C IPC


Correct Option: C
Explanation:

Section 166-B deals with provisions of "non-treatment of a victim by a hospital".

A, by his articles published in newspapers, has created hatred and contempt against the Government of India. He can be punished for the offence of

  1. waging war

  2. abetment

  3. sedition

  4. None of these


Correct Option: C
Explanation:

A, by his articles published in newspapers, has created hatred and contempt against the Government of India. He can be punished for the offence of sedition. 

A knows that her husband B has committed murder and she knowingly conceals the fact in order to screen him from legal punishment. Which of the following statements is incorrect?

  1. A has committed an offence of murder by reason of having common intention.

  2. A has committed an offence of harbouring an offender.

  3. A has committed an offence of abetment by aid.

  4. A has committed no offence.


Correct Option: D
Explanation:

A has committed an offence under Section 212 of the Indian Penal Code, which talks about "harbouring an offender" .

Which of the following are the essential elements of a crime?

  1. Motive, mens rea and actus reus

  2. Motive, intention and knowledge

  3. Mens rea and actus reus

  4. Knowledge, intention and action


Correct Option: C
Explanation:

There are four elements which constitute a crime. · Human being · Mens rea or guilty intention · Actus reus or illegal act or omission · Injury to another human being

What is the significance of a fight under Section 159 of the Indian Penal Code?

  1. Two parties, one of which is actively involved

  2. Two parties, both of which are passive

  3. Two parties, one of which is passive

  4. None of these


Correct Option: D
Explanation:

Section 159 of the Indian Penal Code states that, "when two or more persons, by fighting in a public place, disturb the public peace, they are said to commit an affray”.

Extra-territorial jurisdiction in Indian Penal Code is contained in

  1. Section 2

  2. Section 3

  3. Section 4

  4. Sections 3 and 4


Correct Option: D
Explanation:

Section 3 of the Indian Penal Code deals with the punishment of offences committed beyond, but which by law may be tried within India. 

  

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