HP Judicial Services (Prelims) Mock - 2 (Criminal Law) - Judiciary Exams MCQ

Section 301 of IPC provides that if a person, by doing anything which he intends or knows to be likely to cause death, commits culpable homicide by causing the death of any person, whose death he neither intends nor knows himself to be likely to cause, the culpable homicide committed by the offender is of the description of which it would have been if he had caused the death of the person whose death he intended or knew himself to be likely to cause. According to this provision, as A would have been guilty of murder had the death of B been caused, he would be guilty of murder of the child.

A has committed the offence of extortion. Extortion is the act of intentionally putting any person in fear of any injury to that person, or to any other, and thereby dishonestly inducing the person so put in fear to deliver to any person any property, or valuable security or anything signed or sealed which may be converted into a valuable security.

The Code of Criminal Procedure (CrPC) is the main legislation on procedure for administration of substantive criminal law in India. It was enacted in 1973 and came into force on 1^st April 1974.

Section 125(1) of the Code of Criminal Procedure states that if any person having sufficient means neglects or refuses to maintain--
(a) his wife, unable to maintain herself, or
(b) his legitimate or illegitimate minor child, whether married or not, unable to maintain itself, or
(c) his legitimate or illegitimate child (not being a married daughter) who has attained majority, where such child is, by reason of any physical or mental abnormality or injury, unable to maintain itself, or
(d) his father or mother, unable to maintain himself or herself,
a Magistrate of the first class may, upon proof of such neglect or refusal, order such person to make a monthly allowance for the maintenance of his wife or such child, father or mother, at such monthly rate as such Magistrate thinks fit and to pay the same to such person as the Magistrate may from time to time direct.
Thus, option 3 is the answer.

Section 482 of the Code of Criminal Procedure, 1973 (the CrPC for short) reads as follows:
''Saving of inherent power of High Court - Nothing in this Code shall be deemed to limit or affect the inherent powers of the High Court to make such orders as may be necessary to give effect to any order under this Code, or to prevent abuse of the process of any Court or otherwise to secure the ends of justice.''

Section 138 of the Negotiable Instruments Act, 1881 deals with the dishonour of cheque for insufficiency, etc., of funds in the account. Clause (a) of the proviso mentioned under the Section reads as:
The cheque has been presented to the bank within a period of three months from the date on which it is drawn or within the period of its validity, whichever is earlier. Hence, option 3 is the correct answer.

Section 2 of the Indian Forest Act provides for the interpretation clause. According to clause 1, 'cattle' includes elephants, camels, buffaloes, horses, mares, geldings, ponies, colts, fillies, mules, asses, pigs, rams, ewes, sheep, lambs, goats and kids.
Thus, option 4 is the answer.

According to Section 410 of the Indian Penal Code, property, the possession whereof has been transferred by theft, or by extortion, or by robbery, and property which has been criminally misappropriated or in respect of which criminal breach of trust has been committed, is designated as a stolen property, whether the transfer has been made, or the misappropriation or breach of trust has been committed, within or outside India. But if such property subsequently comes into the possession of a person legally entitled to the possession thereof, it ceases to be a stolen property.

Conspiracy refers to an agreement between two or more people to commit a crime. In a conspiracy, all parties involved are equally responsible for the crime, and there is no distinction between principal and accessory. Each person involved in the conspiracy is considered a co-conspirator and can be held equally responsible for the crime, even if they did not actually commit the crime themselves. This means that if one person in the conspiracy commits the crime, all members of the conspiracy can be charged with the offence, even if they did not directly participate in the act.

Section 103 of the Indian Penal Code states that the right of private defence of property extends to the voluntary causing of death or of any other harm to the wrongdoer, if the offence, the committing of which, or the attempting to commit which, occasions the exercise of the right, be an offence of any of the descriptions hereinafter enumerated, namely:—
Robbery;
House-breaking by night;
Mischief by fire committed on any building, tent or vessel, which building, tent or vessel is used as a human dwelling, or as a place for the custody of property;
Theft, mischief, or house-trespass, under such circumstances as may reasonably cause apprehension that death or grievous hurt will be the consequence, if such right of private defence is not exercised.

After the complaint has been registered, the second stage of the trial begins which is the inquiry. Inquiry as to truth of information is provided under Section 116. Further, judicial proceeding is defined under Section 2(i) which states judicial proceeding includes any proceeding in the course of which evidence is or may be legally taken on oath. But, investigation is not done on oath and therefore, it does not amount to judicial proceeding. Therefore, option 3 is the correct answer.

According to Section 62(1) of the Cr.P.C., every summons shall be served by a police officer, or subject to such rules as the state government may make in this behalf, by an officer of the court issuing it or other public servant. Therefore, any of them can serve the summons.

According to provisions embedded under Section 313 of Criminal Procedure Code, statement of an accused is recorded to enable him to explain circumstances appearing in the evidence against him.

A person who receives a negotiable instrument in good faith for valuable consideration is known as holder in due course. It is defined under Section 9 of the Negotiable Instruments Act, 1881.

The Himachal Pradesh Excise Act, 2011 puts a prohibition on sale to minor or his employment under Section 26. Sub-section 2 reads as:
If a license holder or any person acting on his behalf employs, in a liquor Vend or Bar or any other place where liquor or other intoxicants are sold or stored or served, any person under the age of 18 years, he shall be punishable with imprisonment for a term which may extend to 3 months and with fine which may extend to Rs. 50,000 or with both. Therefore, option 3 is the correct answer.

According to Section 26(1) of the Himachal Pradesh Excise Act, 2011, if any licence holder or any person acting on his behalf sells or delivers any liquor to any person apparently under the age of 18 years, he shall be punishable with fine which may extend to ten thousand rupees but shall not be less than two thousand rupees.

Section 5A of the Wild Life (Protection) Act, 1972 provides for the constitution of the National Board for Wild Life. According to the section, the Prime Minister is the Chairperson of the National Board for Wild Life.

Section 9 of the Wild Life (Protection) Act, 1972 deals with the prohibition of hunting. According to the section, no person shall hunt any wild animal specified in Schedules I and II except as provided under Section 11 and Section 12.

Section 25 of the Indian Forest Act deals with the power to stop ways and water-courses in reserved forests. The section states that the Forest-officer may, with the previous sanction of the State Government, or of any officer duly authorised by it in this behalf, stop any public or private way or water-course in a reserved forest, provided that a substitute for the way or water-course so stopped, which the State Government deems to be reasonably convenient, already exists, or has been provided or constructed by the Forest-officer in lieu thereof.

'A' a public servant having charge of translation of a document makes an incorrect translation of a document with intent to cause injury to 'B'. The offence committed by 'A' is a punishable under section 167 of the Indian Penal Code. The offence is a non-compoundable one.

The essential elements of a crime typically include the following:
Human being: Generally, a crime requires the involvement of a human being who commits the act.
Mens rea: This refers to the mental state or intent of the person committing the crime. It encompasses the awareness of the wrongdoing or the intention to commit a prohibited act.
Actus reus: This refers to the physical act or conduct that constitutes the crime. It involves the voluntary commission of an act or omission that is prohibited by law.
Thus, option 4 is the answer.

According to section 268 of the Indian Penal Code, a person is guilty of a public nuisance who does any act or is guilty of an illegal omission which causes any common injury, danger or annoyance to the public or to the people in general who dwell or occupy property in the vicinity, or which must necessarily cause injury, obstruction, danger or annoyance to persons who may have occasion to use any public right. It involves interference with the public's right to enjoy public spaces or the use and enjoyment of their property.
Negligence, on the other hand, refers to a failure to exercise the level of care that a reasonably prudent person would exercise in similar circumstances, resulting in harm or injury to another person. It focuses more on the breach of a duty of care owed to a specific individual rather than causing annoyance or inconvenience to the general public.
Trespass involves unlawfully entering or intruding upon the property of another person without permission. It primarily deals with unauthorised entry and does not necessarily involve causing injury, danger, or annoyance to the people in general.
Private nuisance refers to a similar concept but is more focused on interference with an individual's use and enjoyment of their property rather than causing harm or annoyance to the general public. It typically involves actions that affect a specific individual or property owner rather than the public at large.
In summary, if someone's act causes injury, danger, annoyance, or inconvenience to people in general who dwell or occupy property in the vicinity, the offense committed is public nuisance.

The case of Shatrughan Chauhan Vs. Union of India (2014) 3 S.C.C. 1 is the one in which the Supreme Court of India set out guidelines for safeguarding the interests of death row convicts. In this case, the court addressed various issues related to the death penalty, including the right to a fair trial, the review process, and the conditions of imprisonment for death row convicts. The guidelines of court aimed to ensure that the rights of death row convicts were protected and that the death penalty was carried out in a just and humane manner.

In the case of Dinesh v. State of Rajasthan, the Supreme Court of India made a significant ruling regarding the disclosure of the identity of a victim. The court held that it is crucial to protect the identity of the victim, even in the judgment of the court. The purpose behind this ruling is to safeguard the privacy and dignity of the victim, particularly in cases involving sensitive matters such as sexual offenses or crimes that could lead to stigmatization or social repercussions. Revealing the identity of the victim in court judgments could further expose them to potential harm, harassment, or social ostracism.

Section 195 in the Code of Criminal Procedure 1973 deals with prosecution for contempt of lawful authority of public servants, for offences against public justice and for offences relating to documents given in evidence. According to clause 3 of section 195, the term "Court" means a Civil, Revenue or Criminal Court, and includes a tribunal constituted by or under a Central, Provincial or State Act if declared by that Act to be a Court for the purposes of this section.

The statement that "Section 125 of the Code of Criminal Procedure, 1973 is applicable to all persons irrespective of their religion" was laid down in the case of Mohd. Ahmad Khan v. Shah Bano Begum. This landmark case, decided by the Supreme Court of India in 1985, dealt with the issue of maintenance for a divorced Muslim woman under Section 125 of the Code of Criminal Procedure. The court ruled that Section 125 applies to all persons, regardless of their religion, and that a divorced Muslim woman is entitled to maintenance from her former husband.

According to Section 84(1) of the Code of Criminal Procedure, if any claim is preferred to, or objection made to the attachment of, any property attached under Section 83, within six months from the date of such attachment, by any person other than the proclaimed person, on the ground that the claimant or objector has an interest in such property, and that such interest is not liable to attachment under Section 83, the claim or objection shall be inquired into, and may be allowed or disallowed in whole or in part.

Power of Revision is contained in Section 69 of the Himachal Pradesh Excise Act, 2011. According to the section:
(1) The Financial Commissioner may, of his own at any time, call for the record of any proceedings which are pending before, or have been disposed of, by any Collector or Excise Officer, for the purpose of satisfying himself as to the legality or propriety of such proceedings or order made therein and may pass such order in relation thereto as he may think fit.
(2) No order shall be passed under this section, which adversely affects any person, unless such person has been given a reasonable opportunity of being heard.

Section 2(24A) of the Wildlife Protection Act defines 'Protected Area' as a national park, a sanctuary, a conservation reserve or a community reserve notified under Sections 18, 35, 36A and 36C of the Act.

Section 41 of the Indian Forest Act provides for power to make rules to regulate transit of forest produce. Clause 1 of Section 42, which provides for penalty for breach of rules made under Section 41, states that the State Government may by such rules prescribe as penalties for the contravention thereof imprisonment for a term which may extend to six months, or fine which may extend to five hundred rupees, or both.