Criminal Law Test-8


50 Questions MCQ Test Legal Reasoning for CLAT | Criminal Law Test-8


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QUESTION: 1

Principle: If in the exercise of the right of private defence against an assault which reasonably causes the apprehension of death, the defender is so situated that he cannot effectually exercise that right without risk of harm of an innocent person; his right of private defence extends to the running of that risk.

Facts: A is attacked by a mob who attempts to murder him. He cannot effectually exercise his right of private defence without firing on the mob, and he cannot fire without risk of harming young children who are mingled with the mob. 

Solution:
QUESTION: 2

Principle: (I) Any person may use reasonable force in order to protect his property or person

(II) However the force employed must be proportionate to the apprehended danger

Facts: Varun was walking on a lonely road. Madhur came with a knife and said to Varun, “Your life or your purse”. Varun pulled out his revolver. On seeing it Madhur ran. Varun shot Madhur on his legs.

Solution:

The correct answer is D as according to principle Any person may use reasonable force in order to protect his property or person therefore varun has used unreasonable force so he must be punished.

QUESTION: 3

Principle: one has right to defend his life and property against criminal harm provided it is not possible to approach public authorities and more harm than is necessary has not been caused to avert the danger.

Facts: The farm of X on the outskirts of the Delhi was attacked by a gang of armed robbers. X without informing the police, at first warned the robbers by firing in the air. As they were fleeing from the farm, he fired and killed one of them. At the trial-

I. X can avail the right of private defence as he was defending his life and property
II. X cannot avail the right as he failed to inform the police
III. X cannot avail the right as he caused more harm than was necessary to ward off the danger
IV. X can avail of the right as at first he only fired in the air.

Solution:
QUESTION: 4

Principle: A person abets the doing of a thing, who-- 

First--Instigates any person to do that thing; or

Secondly--Engages with one or more other person or persons in any conspiracy for the doing of that thing, if an act or illegal omission takes place in pursuance of that conspiracy, and in order to the doing of that thing; or

Thirdly--Intentionally aids, by any act or illegal omission, the doing of the thing.

Explanation 1: A person who, by willful misrepresentation, or by willful concealment of a material fact which he is bound to disclose, voluntarily causes of procures, or attempts to cause or procure, a thing to be done, is said to instigate the doing of that thing.

Explanation 2: Whoever, either prior to or at the time of the commission of an act, does anything in order to facilitate the commission of that act, and thereby facilitates the commission thereof, is said to aid the doing of that act.

Principle: A person abets an offence, who abets either the commission of an offence, or the commission of an act which would be an offence, if committed by a person capable by law of committing an offence with the same intention or knowledge as that of the abettor. 

Explanation 1: The abetment of the illegal omission of an act may amount to an offence although the abettor may not himself be bound to do that act.

Explanation 2: To constitute that offence of abetment it is not necessary that the act abetted should be committed, or that the effect requisite to constitute the offence should be caused.

Facts: A instigates B to murder C. B refuses to do so. 

Solution:
QUESTION: 5

Principle: A person abets the doing of a thing, who-- 

First--Instigates any person to do that thing; or

Secondly--Engages with one or more other person or persons in any conspiracy for the doing of that thing, if an act or illegal omission takes place in pursuance of that conspiracy, and in order to the doing of that thing; or

Thirdly--Intentionally aids, by any act or illegal omission, the doing of the thing.

Explanation 1: A person who, by willful misrepresentation, or by willful concealment of a material fact which he is bound to disclose, voluntarily causes of procures, or attempts to cause or procure, a thing to be done, is said to instigate the doing of that thing.

Explanation 2: Whoever, either prior to or at the time of the commission of an act, does anything in order to facilitate the commission of that act, and thereby facilitates the commission thereof, is said to aid the doing of that act.

Principle: A person abets an offence, who abets either the commission of an offence, or the commission of an act which would be an offence, if committed by a person capable by law of committing an offence with the same intention or knowledge as that of the abettor. 

Explanation 1: The abetment of the illegal omission of an act may amount to an offence although the abettor may not himself be bound to do that act.

Explanation 2: To constitute that offence of abetment it is not necessary that the act abetted should be committed, or that the effect requisite to constitute the offence should be caused.

Facts: A instigates B to murder D. B in pursuance of the instigation stabs D. D recovers from the wound.

Solution:
QUESTION: 6

Assertion: crime is punishable because it is provided in the law

Reason: crime is revolting to the moral sense of the society.

Solution:
QUESTION: 7

Principle: Doctrine of double jeopardy: No person shall be prosecuted and punished for the same offence twice

Facts: Manav bought some gold into India without making any declaration to custom department on the airport. The custom authorities confiscated the gold under the sea customs act. Manav was later charged for having committed an offence under Foreign exchange regulation act (FERA).

Solution:
QUESTION: 8

Assertion: every person should have the freedom of speech and expression. 

Reason: if a person is stopped from speaking then mankind will lose the truth

Solution:
QUESTION: 9

A with an intention to pick pocket puts his hand into B pocket. B had a loaded pistol in his pocket. The thief touches the pistol and trigger goes on, whereby B is shot dead. 

Solution:
QUESTION: 10

A denied food to his wife B for several days by keeping her confined in a room with an intention to accelerate her death. B ultimately managed to escape.

Solution:
QUESTION: 11

X having sufficient food does not provide some food to a beggar who dies of hunger. X is the guilty of 

Solution:
QUESTION: 12

X along with four others armed hoodlums seizes the child of Y and threatens to kill him unless Y parts with his watch and diamond ring. X has committed the offence of 

Solution:

The correct answer is C as they were five members  They have committed a robbery by threatening Y and asking his watch and diamond ring ,  so they have committed Dacoity.

QUESTION: 13

A is invited by B for a cup of tea. While B is in the kitchen preparing tea, A finds a golden ring on the table. He picks it up and places it somewhere in the room with the intention of dishonestly taking it away some time later. A commits 

Solution:
QUESTION: 14

Assertion: A person is not guilty of Dacoity unless he has committed, attempted to commit or aided in committing Robbery.

Reason: when two persons conjointly commit Robbery, then every person so committing Robbery is said to commit Dacoity 

Solution:
QUESTION: 15

The offence of theft becomes robbery when it is 

Solution:
QUESTION: 16

A and B, who are cadets in the Indian Air Force, take out from the Bangalore aerodrome an aircraft without the authority of commandant and fly it away to Pakistan. What offence has been committed by them

Solution:
QUESTION: 17

X sends through his servant a typewriter to be delivered to Y, his friend. The servant takes the typewriter and uses it over a period of time. The servant is guilty of 

Solution:
QUESTION: 18

X, a Doctor, informs his patient Y that he was suffering from cancer. Hearing this Y dies of heart failure. X has not committed any offence because 

Solution:

Option C is correct as he was an obligation to tell his patient plus told that in good faith.

QUESTION: 19

Z under the influence of madness, attempts to kill A. A hits Z with an iron rod seriously injuring him. in this context which one is correct? 

Solution:
QUESTION: 20

A instigates his six year old daughter B to take away from C, a purse containing Rs. 5000. In this case 

Solution:
QUESTION: 21

Principle: Voluntary drunkenness is not a defence under section 85 and 86 IPC 

Facts: A has in his possession a bottle of poisonous lotion for external application and a bottle of medicine for internal use. A in a drunken condition gives to his child an ounce of the poisonous lotion to drink as a result of which the child died. Is A guilty of any offence?

Solution:
QUESTION: 22

Principle: Attempt to murder is punishable under Section 307 IPC, but preparation is not an offence. 

Facts: A mixes sugar, thinking that it was poison in the tea meant for B with an intention to cause his death. What offence, if any has been committed by A?

Solution:
QUESTION: 23

Principle: Bigamy is punishable under Section 494 IPC. 

Facts: A believing, she was not validly married to B, deserts him and marries C. Has she committed bigamy?

Solution:

The correct option is A.
As believing that her marriage is not valid is a mistake of law and is not a defence.

QUESTION: 24

Principle: A person is guilty of culpable homicide amounting to murder, if the act by which the death is caused is done with the intention of causing murder. 

Facts: A was suffering from Jaundice and inflammation of the brain and B was in the knowledge of this condition. One day, during a heated argument on some issue, A slapped B in anger. B lost his self control and dealt a severe blow on A’s head. As a result, A died. The police sought to prosecute B for murder.

Solution:
QUESTION: 25

Principle: A confession made in the court should be free and voluntary. A confession made under pressure is a weak type of evidence. 

Facts: Bunty and Mohan are good students. They are room partners. Mohan becomes friendly with Sohan who is a drug addict. Mohan also start consuming drugs. One day Mohan does not have money to buy drugs. He steals an imported watch of Bunty. Bunty complains to the police. Mohan is arrested. In the lock up, the police tell Mohan that if he confesses he may be released. Mohan confesses in the court.

Solution:
QUESTION: 26

Principle: The abetment of an offence, being an offence, the abetment of such an abetment is also an offence. 

Facts: A instigates B to instigate C to murder Z. B accordingly instigates C, a lunatic to murder Z and C commits that offence in consequence of B’s instigation.

Solution:
QUESTION: 27

Principle: Mischief is an injury to the property, with the intention of causing wrongful loss, to any person or public. The person to whom the loss is wrongfully caused by mischief need, not be the owner of the property himself. 

Facts: Tarun has leased his house to Varun for 5 yrs. after one year Tarun requests Varun to vacate the house, but the Varun refuses. Tarun in order to get Varun vacate the house, puts it on fire, but B with the help of neighbors quickly extinguishes the fire before it could really damage the property.

Solution:
QUESTION: 28

Principle: Preparation is not an offence except the preparation of some special offences. 

Facts: A keeps poisoned halwa in his house, wishing to kill B whom he invited to a party and to whom he wishes to give it. Unknown to A, his only son takes the halwa and dies. In this case

Solution:

A is not liable for murder as murder has always a high gravity and is sure shot. He may be liable for culpable homicide but going by the principle B is the correct option.

QUESTION: 29

Principle: Ignorance of law is no excuse. 

Facts: A fails to file income tax returns for 10 Yrs. the income tax department issues to him notice to show cause why proceedings should not be initiated against him for the recovery of the income tax due from him with interest and penalty. Advise

Solution:
QUESTION: 30

Principle: By virtue of section 90 IPC, consent given by a person is not consent if given under the following circumstances.

I)  If he has given consent under fear of injury or misconception of fact

II) If he is unable to understand the nature and consequence of his consent due to unsoundness of mind or because of intoxication

III) If he is a minor under the age of 12 Yrs. 

Facts: A promises B, a woman that he would marry her if she consents to sexual intercourse. She consents and becomes pregnant. When told of her pregnancy A refuses to marry her. What offence has he committed?

Solution:

The correct option is B.
Direct from the principle. Moreover Consent for sexual intercourse under misconception of fact is not free.

QUESTION: 31

Principle: wherever the causing of a certain effect, or an attempt to cause that effect, by an act or by an omission, is an offence, it is to be understood that the causing of that effect partly by an act and partly by an omission is the same offence.

Facts: A intentionally causes B’s death, partly by illegally omitting to give B food and partly by beating B.

Solution:

The correct option is A.
According to section 36 of IPC, A intentionally causes Z’s death, partly by illegally omitting to give Z food, and partly by beating Z. A has committed murder.
 

QUESTION: 32

Principle: Nothing is an offence which is done by a person who is or who by reason of a mistake of fact and not by reason of a mistake of law in good faith believes himself to be, bound by law to do it.

Facts: A, an officer of a court of justice, being ordered by that court to arrest Y and after due enquiry, believing Z to be Y, arrest Z. 

Solution:
QUESTION: 33

Principle: Nothing is an offence which is done by accident or misfortune and without any criminal intention or knowledge in the doing of a lawful manner by lawful means and with proper care and caution.

Facts: A is at work with a hatchet; the head flies off and kills a man who is standing by. Here if there was no want of proper caution on the part of A, then

Solution:

B is the correct option. It is an illustration of Section 80 of the Indian Penal Code,1860- A is at work with a hatchet; the head flies off and kills a man who is standing by. Here, if there was no want of proper caution on the part of A,” his act is excusable and not an offence.”

QUESTION: 34

Principle: where anything which is an offence is made up of parts, any of which parts is itself an offence, the offender shall not be punished with the punishment of more than one of such his offences, unless it be so expressly provided.

Facts: A is beating Z and Y jumps in to stop the beating. In the process A intentionally strikes Y. As per Section 71 IPC which of the following should be the punishment.

Solution:
QUESTION: 35

Principle: Nothing which is not intended to cause death, or grievous hurt, and which is not known by the doer to be likely to cause death or grievous hurt, is an offence by reason of any harm which it may cause, or be intended by the doer to cause, to any person, above eighteen years of age, who has given consent, whether express or implied, to suffer that harm; or by reason of any harm which it may be known by the doer to be likely to cause to any such person who has consented to take the risk of that harm.

Facts: A and Z agree to fence with each other for amusement. In the course of such fencing, may be caused without foul play; and if A, while playing fairly, hurts Z 

Solution:
QUESTION: 36

Principle: Nothing, which is not intended to cause death, is an offence by reason of any harm which it may cause, or be intended by the doer to cause, or be known by the doer to be likely to cause, to any person for whose benefit it is done in good faith, and who has given a consent, whether express or implied, to suffer that harm, or to take the risk of that harm. 

Facts: A, a surgeon, knowing that a particular operation is likely to cause the death of Z, who suffers under a painful complaint but not intending to cause Z's death, and intending, in good faith, Z's benefit, performs that operation of Z, with Z's consent. 

Solution:
QUESTION: 37

Principle: Nothing, which is not intended to cause death, is an offence by reason of any harm which it may cause, or be intended by the doer to cause, or be known by the doer to be likely to cause, to any person for whose benefit it is done in good faith, and who has given a consent, whether express or implied, to suffer that harm, or to take the risk of that harm. 

Facts: A fake Doctor operated on a man for internal piles by cutting them out with an ordinary knife. The man died of hemorrhage.

Solution:

The correct option is C.
Homicide capable is an act which has resulted in a person's death but is held not to amount to murder. Here he did not intend to kill the person.

QUESTION: 38

Principle: Nothing is an offence by reason of any harm which it may cause to a person for whose benefit it is done in good faith, even without that person's consent, if the circumstances are such that it is impossible for that person to signify consent, or if that person is incapable of giving consent, and has no guardian or other person in lawful charge of him from whom it is possible to obtain consent in time for the thing to be done with benefit

Facts: Z is carried off by a tiger. A fire at the tiger knowing it to be likely that the shot may kill Z, but not intending to kill Z, and in good faith intending Z's benefit. A's ball give Z a mortal wound.

Solution:
QUESTION: 39

Principle: No communication made in good faith is an offence by reason of any harm to the person to whom it is made, if it is made for the benefit of that person.

Facts: A, a surgeon, in good faith, communicates to a patient his opinion that he cannot live. The patient dies in consequence of the shock. 

Solution:
QUESTION: 40

Principle: When an act, which would otherwise be a certain offence, is not that offence, by reason of the youth, the want of maturity of understanding, the unsoundness of mind or the intoxication of the person doing that act, or by reason of any misconception on the part of that person, every person has the same right to private defence against that act which he would have if the act were that offence. 

Facts: Z, under the influence of madness, attempts to kill A

Solution:
QUESTION: 41

Principle: When an act, which would otherwise be a certain offence, is not that offence, by reason of the youth, the want of maturity of understanding, the unsoundness of mind or the intoxication of the person doing that act, or by reason of any misconception on the part of that person, every person has the same right to private defence against that act which he would have if the act were that offence. 

Facts: A enters by night which he is legally entitled to enter Y, in good faith mistaking A to be a burglar attacks him.

Solution:
QUESTION: 42

Principle: whosoever enters into or upon the property in the possession of another, with intent to commit an offence or to intimidate or annoy any person in possession of the property and remains there with intent thereby to intimidate and annoy another person or with intent to commit an offence is guilty of Criminal trespass.

Facts: The accused entered at night into a house to carry on intimate relations with an unmarried major girl on her invitation and information that her family members are absent. However, he was caught by her uncle before he could get away. Is the accused guilty of criminal trespass? 

Solution:
QUESTION: 43

Principle: A confession made in the court should be free and voluntary. A confession made under pressure, is a weak type of evidence.

Facts: A and B are good students. They are room partners. B becomes friendly with C who is a drug addict. B also starts consuming drugs. One day B does not have money to buy drugs. He steals an imported watch of A. A complains to the police. B is arrested. In the lock up, the police tell B that if he confesses he may be released. B confessed in the court.

Solution:
QUESTION: 44

Principle: No communication made in good faith is an offence by reason of any harm to the person to whom it is made, if it is made for the benefit of that person.

Facts: A, a surgeon, in good faith, communicates to a patient his opinion that he cannot live. The patient dies in consequence of the shock.

Solution:
QUESTION: 45

Principle: The right of private defence is available to a person, for defending his own body and the body of other persons.

Facts: A happens to see B, his brother fighting with C. in fact, they were only playing. At a point when A thought that B was to be felled by C, he kicked C to death. On being charged with murder, A pleads right of private defence. Decide.

Solution:
QUESTION: 46

Principle: Whoever, intending to take dishonestly any moveable property out of the possession of any person without that person's consent, moves that property in order to such taking, is said to commit theft.Whoever dishonestly misappropriates or converts to his own use any movable property, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.   

Facts: A, a government employee in the post office, while assisting in the sorting of letters, he secreted two letters with the intention of handling them to the delivery peon and sharing with him certain money payable upon them. What offence if any has been committed?

Solution:
QUESTION: 47

Principle: Whoever, intending to take dishonestly any moveable property out of the possession of any person without that person's consent, moves that property in order to such taking, is said to commit theft.

Whoever dishonestly misappropriates or converts to his own use any movable property, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.   

Facts: A, a rag picker collects plastic bags, metal pieces, and scraps from the garbage heaps of an area adjoining factories. The city development authority lodges a complaint of theft of moveable properties from different parts of the city against A. what offence if any has been committed?

Solution:
QUESTION: 48

Principle: Whoever intentionally puts any person in fear of any injury to that person, or to any other, and thereby dishonestly induces 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, commits "extortion".
Facts: A gave his watch for repair to B. Dispute occurred b/w the two over the extra parts replaced by B, which were not included in the earlier estimate. B was unwilling to deliver the watch unless extra payment was made. In the course of a heated argument, A whipped out a knife, seeing which B did not object to the watch being delivered without extra charges. What offence if any has been committed by A?

Solution:
QUESTION: 49

Principle: Whoever intentionally puts any person in fear of any injury to that person, or to any other, and thereby dishonestly induces 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, commits "extortion".

Facts: A saw B removing a stereo from a car parked in a locality. A demand Rs. 500 from B, giving him threat that if he didn’t give the money, he would inform the police. B gave the money. What offence if any has been committed?

Solution:
QUESTION: 50

Principle: Whoever, intending to take dishonestly any moveable property out of the possession of any person without that person's consent, moves that property in order to such taking, is said to commit theft.

Facts: A an elderly man, was employed as maid servant by B, a young woman. B was very negligent and never bothered about her valuables. A being honest and sincere advised B to keep her valuables under lock and key. One day A finding B golden necklace on the table in an open verandah removed the necklace stealthily and concealed the same in the cowshed to teach B a lesson or to cause her a little anxiety. What offence, if any has been committed?

Solution:

The correct option is A.
Direct from the principle. Moreover A did not have intention to commit theft.
 

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