Test: Criminal Law - 4


50 Questions MCQ Test Legal Reasoning for CLAT | Test: Criminal Law - 4


Description
This mock test of Test: Criminal Law - 4 for CLAT helps you for every CLAT entrance exam. This contains 50 Multiple Choice Questions for CLAT Test: Criminal Law - 4 (mcq) to study with solutions a complete question bank. The solved questions answers in this Test: Criminal Law - 4 quiz give you a good mix of easy questions and tough questions. CLAT students definitely take this Test: Criminal Law - 4 exercise for a better result in the exam. You can find other Test: Criminal Law - 4 extra questions, long questions & short questions for CLAT on EduRev as well by searching above.
QUESTION: 1

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: 2

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:

Illustration d to Section 307 IPC reads, A intending to murder Z by poison, purchases poison and mixes. The same with food, which remains in A's keeping. A has not get committed the offence defined in Section 307. If he places the food on Z's table or delivers it to Z's servants to place it on Z's table. A has committed the offence under Section 307. In the present case, the tea, in which 'A' has mixed sugar, it to be person is meant for 'B'. Since 'B' would take it whether it is sent to him or not. Thus, 'A' is liable for attempt to murder.

QUESTION: 3

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 answer is A as according to principle Bigamy is punishable under Section 494 IPC and he is liable as he cannot do two marriages.

QUESTION: 4

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: 5

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: 6

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:

According to Section-108, explanation - 4 of the Indian Penal code, 1860, the abetment of an offence, being an offence, the abetment of such an abetment is also an offence. Here both A and B are liable for the punishment for murder, because 'A' instigated B to instigate 'C' a lunatic, to murder 2 and due to this abetment 'C' committed an offence in consequence of B's instigation.

QUESTION: 7

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:

The correct option is A as tarun is guilty of mischief as he sets fire in order to cause damage to varun. Hence A is correct

QUESTION: 8

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:
QUESTION: 9

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: 10

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:
QUESTION: 11

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: 12

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:

The correct option is B.
 According to the section 80 of IPC, 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: 13

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: 14

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: 15

Which of the following factor is not essential for offence of theft under IPC?

Solution:
QUESTION: 16

A had an argument with B and asked her to go leave him alone and go home. B refused and A struck her on the head and rendered her unconscious. A dragged B to the parking lot during which B’s head hit the pavement which caused her death.

Solution:

Yes the correct answer is C as A is responsible for B’s death as the death was caused due A’s negligence.

QUESTION: 17

X an employee of Y was driving the vehicle which was without insurance. Y was convicted for violation of road traffic act 1988 who was not even driving the vehicle at that time. Y appealed against it in the court.

Solution:

The correct option is D.
As only X was driving the vehicle.
 

QUESTION: 18

In case same set of facts attracts a civil suit and also a criminal trial, what should be done?

Solution:
QUESTION: 19

A is beating Z and Y jumps in to stop beating. In the process A intentionally strikes Y. which of the following should be the punishment?

Solution:
QUESTION: 20

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: 21

Two parties A and B gather together for free fight in order to settle a land dispute and in the process end up inflicting injuries on one another. Here:

Solution:
QUESTION: 22

Z under the influence of madness attempts to kill A.

Solution:
QUESTION: 23

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

Solution:
QUESTION: 24

A voluntary burns a valuable security belonging to B intending to cause wrongful loss to B.

Solution:
QUESTION: 25

X, a person signs his own name to a bill of exchange, intending that it may be believed that he bill was drawn by another person of the same name.

Solution:
QUESTION: 26

Y draws a picture of Z running away with C’s watch, intending it to be believed that Z stole C’s watch.

Solution:

The correct answer is C as intending it to be believed ' denotes that Y isn't sure about Z's guilt , thus Y's picture qualifies to be a false testimony even though he didn't have malicious intention

QUESTION: 27

Principle: Nothing is an offence which is done by a child above seven years of age and under twelve, who has not attained sufficient maturity of understanding to judge of the nature and consequences of his conduct on that occasion.

Facts: A is a nine year old boy who is jealous of his friend B’s many toys. One day while playing at B’s house, he steals one of the B’s smaller toys. Has he committed theft?

Solution:
QUESTION: 28

Principle: An abettor is liable for the crime of abetment only with regard to the crime which reasonably resulted from his abetment

Facts: A instigates B to burn Z’s house. B sets fire to the house and at the same time commits theft of property there. A is responsible for abetting which of the following crimes?

Solution:
QUESTION: 29

A, enters a house with the intention of committing theft. But moved by the poverty of the house holder he drops a rupee note and left the place. In this case

Solution:
QUESTION: 30

Principle: 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 and B, being joint owners of a horse. A takes the horse out of B's possession, intending to use it. Here, as A has a right to use the horse, he does not dishonestly misappropriate it. A sells the horse and appropriates the whole proceeds to his own use.

Solution:
QUESTION: 31

Principle: 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 being on friendly terms with Z, goes into Z's library in Z's absence, and takes away a book without Z's express consent. Here, A was under the impression that he had Z's implied consent to take the book for the purpose of reading it.

Solution:
QUESTION: 32

Principle: 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 finds a purse with money, not knowing to whom it belongs; he afterwards discovers that it belongs to Z, and appropriates it to his own use

Solution:
QUESTION: 33

Principle: Whoever, being in any manner entrusted with property, or with any dominion over property, dishonestly misappropriates or converts to his own use that property, or dishonestly uses or disposes of that property in violation of any direction of law prescribing the mode in which such trust is to be discharge, or of any legal contract, express or implied, which he has made touching the discharge of such trust, or willfully suffers any other person so to do, commit "criminal breach of trust".

Facts: A is a warehouse-keeper. Z going on a journey entrusts his furniture to A, under a contract that it shall be returned on payment of a stipulated sum for warehouse room. A dishonestly sells the goods.

Solution:
QUESTION: 34

Principle: Whoever, being in any manner entrusted with property, or with any dominion over property, dishonestly misappropriates or converts to his own use that property, or dishonestly uses or disposes of that property in violation of any direction of law prescribing the mode in which such trust is to be discharge, or of any legal contract, express or implied, which he has made touching the discharge of such trust, or willfully suffers any other person so to do, commit "criminal breach of trust".

Facts: A, a revenue officer, is entrusted with public money and is either directed by law or bound by a contract, express or implied, with the Government to pay into a certain treasury all the public money which he holds. A dishonestly appropriates the money.

Solution:
QUESTION: 35

Principle: Whoever, being in any manner entrusted with property, or with any dominion over property, dishonestly misappropriates or converts to his own use that property, or dishonestly uses or disposes of that property in violation of any direction of law prescribing the mode in which such trust is to be discharge, or of any legal contract, express or implied, which he has made touching the discharge of such trust, or willfully suffers any other person so to do, commit "criminal breach of trust".

Facts: A, being executor to will of a deceased person, dishonestly disobeys the law which directs him to divide the effect according to the will, and appropriates them to his own use.

Solution:
QUESTION: 36

Principle: Whoever, by deceiving any person, fraudulently or dishonestly induces the person so deceived to deliver any property to any person, or to consent that any person shall retain any property, or intentionally induces the person so deceived to do or omit to do anything which he would not do or omit if he were not so deceived, and which act or omission causes or is likely to cause damage or harm to that person in body, mind reputation or property, is said to "cheat".Explanation: A dishonest concealment of fact is a deception with the meaning of this section.

Facts: A, by falsely pretending to be in Civil Service, intentionally deceives Z, and thus dishonestly induces Z to let him have on credit goods for which he does not mean to pay.

Solution:
QUESTION: 37

Principle: Whoever, by deceiving any person, fraudulently or dishonestly induces the person so deceived to deliver any property to any person, or to consent that any person shall retain any property, or intentionally induces the person so deceived to do or omit to do anything which he would not do or omit if he were not so deceived, and which act or omission causes or is likely to cause damage or harm to that person in body, mind reputation or property, is said to "cheat".

Explanation: A dishonest concealment of fact is a deception with the meaning of this section.

Facts: A, by pledging as diamonds articles which he knows are not diamonds, intentionally deceives Z, and thereby dishonestly induces Z to lend money

Solution:
QUESTION: 38

Principle: Whoever, by deceiving any person, fraudulently or dishonestly induces the person so deceived to deliver any property to any person, or to consent that any person shall retain any property, or intentionally induces the person so deceived to do or omit to do anything which he would not do or omit if he were not so deceived, and which act or omission causes or is likely to cause damage or harm to that person in body, mind reputation or property, is said to "cheat".

Explanation: A dishonest concealment of fact is a deception with the meaning of this section.

Facts: A sells and conveys an estate to B. A, knowing that in consequence of such sale he has no right to the property, sells or mortgages the same to Z, without disclosing the fact of the previous sale and conveyance to B, and receives the purchase or mortgage money from Z.

Solution:
QUESTION: 39

Principle: A person is said to "cheat by personation" if he cheats by pretending to be some other person, or by knowingly substituting one person for another, or representing that he or any other person is a person other than he or such other person really is.

Facts: A cheats B by pretending to be a certain rich banker of the same name 

Solution:
QUESTION: 40

Principle: A person is said to "cheat by personation" if he cheats by pretending to be some other person, or by knowingly substituting one person for another, or representing that he or any other person is a person other than he or such other person really is.

Facts: A cheats by pretending to be B, a person who is deceased.

Solution:
QUESTION: 41

Principle: A person is said to "cheat by personation" if he cheats by pretending to be some other person, or by knowingly substituting one person for another, or representing that he or any other person is a person other than he or such other person really is.

Facts: Anil called at the houses of a number of persons and contracted with them to make paintings from photographs. He obtained payments in advance but did not work in any case and it appeared that he never had any intention of doing any work.

Solution:
QUESTION: 42

Principle: Whoever with intent to cause, knowing that he is likely to cause wrongful loss or damage to the public or to any person, causes the destruction of any property, or any such change in any property or in the situation thereof as destroys or diminishes its value or utility, or affects it injuriously, commits "mischief".

Facts: Dinesh, stopped supply of water to his neighbor Suresh flat through operation of wrench value key and thereby, turning the main pipe outside the storage reservoir due to which neighbor was debarred from the supply of water in his flat.

Solution:
QUESTION: 43

Principle: Whoever with intent to cause, knowing that he is likely to cause wrongful loss or damage to the public or to any person, causes the destruction of any property, or any such change in any property or in the situation thereof as destroys or diminishes its value or utility, or affects it injuriously, commits "mischief".

Facts: A voluntarily throws into a river a ring belonging to Z, with the intention of thereby causing wrongful loss to Z.

Solution:
QUESTION: 44

Principle: Whoever with intent to cause, knowing that he is likely to cause wrongful loss or damage to the public or to any person, causes the destruction of any property, or any such change in any property or in the situation thereof as destroys or diminishes its value or utility, or affects it injuriously, commits "mischief".

Facts: A causes cattle to enter upon a field belonging to Z, intending to cause and knowing that he is likely to cause damage to Z's crop.

Solution:
QUESTION: 45

Principle: Whoever with intent to cause, knowing that he is likely to cause wrongful loss or damage to the public or to any person, causes the destruction of any property, or any such change in any property or in the situation thereof as destroys or diminishes its value or utility, or affects it injuriously, commits "mischief".

Facts: Raman voluntarily throws outside from the window of the bus a wallet belongs to Taran containing cash and other important documents having Driving Licence, Aadhar card and other documents. 

Solution:
QUESTION: 46

Principle: Whoever enters into or upon property in the possession of another with intent to commit an offence or to intimidate, insult or annoy any person in possession of such property, or having lawfully entered into or upon such property, unlawfully remains therewith intent thereby to intimidate, insult or annoy any such person, or with intent to commit an offence, is said to commit "criminal trespass".

Principle: Whoever commits criminal trespass by entering into or remaining in any building, tent or vessel used as a human dwelling or any building, used as a place for worship, or as a place for the custody of property, is said to commit "house trespass". 

Explanation: The introduction of any part of the criminal trespasser's body is entering sufficient to constitute house-trespass. 

Principle: A person is said to commit "house-breaking" who commits house-trespass if he effects his entrance into the house or any part of it in any of the six ways hereinafter described; or if, being in the house or any part of it for the purpose of committing an offence, or, having committed an offence therein, he quits the house or any part of it in any of such six ways, that is to say:-- 

Firstly--If he enters or quits through a passage made by himself, or by any abettor of the house-trespass, in order to the committing of the house-trespass.

Secondly--If he enters or quits through any passage not intended by any person, other than himself or an abettor of the offence, for human entrance; or through any passage to which he has obtained access by scaling or climbing over any wall or building.

Thirdly--If he enters or quits through any passage which he or any abettor of the house-trespass has opened, in order to the committing of the house-trespass by any means by which that passage was not intended by the occupier of the house to be opened.

Fourthly--If he enters or quits by opening any lock in order to the committing of the house-trespass, or in order to the quitting of the house after a house-trespass.

Fifthly--If he effects his entrance or departure by using criminal force or committing an assault, or by threatening any person with assault.

Sixthly-- If he enters or quits by any passage which he knows to have been fastened against such entrance or departure, and to have been unfastened by himself or by an abettor of the house-trespass.

Facts: A commits house-trespass by making hole through the wall of Z's house, and putting his hand through the aperture. 

Solution:
QUESTION: 47

Principle: Whoever enters into or upon property in the possession of another with intent to commit an offence or to intimidate, insult or annoy any person in possession of such property, or having lawfully entered into or upon such property, unlawfully remains therewith intent thereby to intimidate, insult or annoy any such person, or with intent to commit an offence, is said to commit "criminal trespass".

Principle: Whoever commits criminal trespass by entering into or remaining in any building, tent or vessel used as a human dwelling or any building, used as a place for worship, or as a place for the custody of property, is said to commit "house trespass". 

Explanation: The introduction of any part of the criminal trespasser's body is entering sufficient to constitute house-trespass. 

Principle: A person is said to commit "house-breaking" who commits house-trespass if he effects his entrance into the house or any part of it in any of the six ways hereinafter described; or if, being in the house or any part of it for the purpose of committing an offence, or, having committed an offence therein, he quits the house or any part of it in any of such six ways, that is to say:-- 

Firstly--If he enters or quits through a passage made by himself, or by any abettor of the house-trespass, in order to the committing of the house-trespass.

Secondly--If he enters or quits through any passage not intended by any person, other than himself or an abettor of the offence, for human entrance; or through any passage to which he has obtained access by scaling or climbing over any wall or building.

Thirdly--If he enters or quits through any passage which he or any abettor of the house-trespass has opened, in order to the committing of the house-trespass by any means by which that passage was not intended by the occupier of the house to be opened.

Fourthly--If he enters or quits by opening any lock in order to the committing of the house-trespass, or in order to the quitting of the house after a house-trespass.

Fifthly--If he effects his entrance or departure by using criminal force or committing an assault, or by threatening any person with assault.

Sixthly-- If he enters or quits by any passage which he knows to have been fastened against such entrance or departure, and to have been unfastened by himself or by an abettor of the house-trespass.

Facts: Ishan commits house-trespass by entering Anuj house through a window.

Solution:
QUESTION: 48

Principle: Whoever enters into or upon property in the possession of another with intent to commit an offence or to intimidate, insult or annoy any person in possession of such property, or having lawfully entered into or upon such property, unlawfully remains therewith intent thereby to intimidate, insult or annoy any such person, or with intent to commit an offence, is said to commit "criminal trespass".

Principle: Whoever commits criminal trespass by entering into or remaining in any building, tent or vessel used as a human dwelling or any building, used as a place for worship, or as a place for the custody of property, is said to commit "house trespass". 

Explanation: The introduction of any part of the criminal trespasser's body is entering sufficient to constitute house-trespass. 

Principle: A person is said to commit "house-breaking" who commits house-trespass if he effects his entrance into the house or any part of it in any of the six ways hereinafter described; or if, being in the house or any part of it for the purpose of committing an offence, or, having committed an offence therein, he quits the house or any part of it in any of such six ways, that is to say:-- 

Firstly--If he enters or quits through a passage made by himself, or by any abettor of the house-trespass, in order to the committing of the house-trespass.

Secondly--If he enters or quits through any passage not intended by any person, other than himself or an abettor of the offence, for human entrance; or through any passage to which he has obtained access by scaling or climbing over any wall or building.

Thirdly--If he enters or quits through any passage which he or any abettor of the house-trespass has opened, in order to the committing of the house-trespass by any means by which that passage was not intended by the occupier of the house to be opened.

Fourthly--If he enters or quits by opening any lock in order to the committing of the house-trespass, or in order to the quitting of the house after a house-trespass.

Fifthly--If he effects his entrance or departure by using criminal force or committing an assault, or by threatening any person with assault.

Sixthly-- If he enters or quits by any passage which he knows to have been fastened against such entrance or departure, and to have been unfastened by himself or by an abettor of the house-trespass.

Facts: Sam commits house-trespass by entering Binny house through the door, having lifted a latch by putting a wire though a hole in the door.

Solution:
QUESTION: 49

Principle: Whoever makes any false document or false electronic record or part of a document or electronic record, with intent to cause damage or injury, to the public or to any person, or to support any claim or title, or to cause any person to part with property, or to enter into any express or implied contract, or with intent to commit fraud or that fraud may be committed, commits forgery.

Facts: A has a letter of credit upon B for rupees 10,000, written by Z. A, in order to defraud B, adds a cipher to the 10,000 and makes the sum 1,00,000/- intending that it may be delivered by B that Z so wrote the letter.

Solution:
QUESTION: 50

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 A.

The consent for sexual intercourse obtained by a person by giving false promise of marriage would not excuse him from rape charges. Whenever the accused gives promise to the victim to marry her, never had any intention to marry and the victim gave the consent for sexual intercourse on such an assurance by the accused that he would marry her, such a consent can be said to be a consent obtained on a misconception of fact as per Section 90 of the Indian Panel Code, and, in such a case, such a consent would not excuse the offender and such an offender can be said to have committed the rape as defined under Section 375 of the Indian Panel Code, and can be convicted for the offence under Section 376 of the IPC.

Related tests