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Criminal Law Test - Answer Paper T R Gopalkrishnan

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35 views14 pages

Criminal Law Test - Answer Paper T R Gopalkrishnan

Uploaded by

Rakesh Iyer
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as PDF, TXT or read online on Scribd
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RIGHT DIRECTION ACADEMY

CLAT | LAW CET | LAW SEM

Subject: Legal Aptitude


Topic: Criminal Law
Marks:80 marks

Important note:
1. Each question carries 1 mark.
2. Every wrong answer charge 0.25mark (Negative Mark).
3. Duration is 2 hours.

Q.1. A person buys a gun, loads it, and declares his intention to shoot a person. This is
a) Intention
b) Preparation
c) Attempt
d) Commission
Q.2. There is no provision under IPC to punish acts done in the stage of preparation, except
when
a) Waging a war against State
b) Committing dacoity
c) All of the above
d) None of these

Q.3. ___________________, addresses these procedural aspects of criminal law


a) Indian penal code
b) Code of civil procedure
c) The code of criminal procedure
d) Both b and c

Q.4. Actus Non Facit Reum Nisi Mens Sit Rea means
a) Mere commission of act makes the person guilty
b) An act done under good faith makes a person guilty
c) An act done without a guilty mind does not make the person guilty
d) All of above

Q.5. Exceptions to “Mens Rea” are


a) Offenses against state
b) Kidnapping and abduction
c) Counterfeiting Indian coins
d) All of the above
Q.6. The code was drafted in 1860 on the recommendations of the first law commission of
India under the Chairmanship of?
a) Lord Dalhousie
b) Lord Radcliff
c) Lord Denning
d) Lord Macaulay

Q.7. Ignorancia Juris Non Excusat means


a) Ignorance of fact is not excusable
b) Ignorance of fact is excusable
c) Ignorance of the law is not excusable
d) Ignorance of the law is excusable

Q.8. Maya enters Chaya’s house in order to steal a necklace. She finds no such necklace in
the house. This is
a) Theft
b) No attempt
c) Attempt to theft
d) None of the above

Q.9. Attempt to commit suicide falls under Sec.


a) 307
b) 308
c) 309
d) 310

Q.10. Doli Incapax means


a) Cruelty
b) Incapacity of forming criminal intent
c) Accident
d) Attempt

Q.11. A sees B his enemy and runs after him and beats him up. B suffers a massive head
injury. Does this fall under the general exception of an accident?
a) Yes
b) No
c) May be
d) None of above

Q.12. A and B were participating in a kickboxing competition. A made a move against B and
B fell down and got severely injured. A can claim the general defence of
a) Mistake of fact
b) Mistake of law
c) Accident
d) Insanity
Q.13. X, a surgeon in good faith communicates to Y that she has only three months to live.
She dies of shock will the doctor be liable?
a) Yes
b) No
c) May be
d) None of above

Q.14. an act of an intoxicated person, nothing is an offense under sec.


a) 81
b) 87
c) 85
d) 86

Q.15. which of the following does not belong from general exceptions of crime?
a) Accident
b) Communication made in good faith
c) An act has done under compulsion
d) None of the above

Q.16. Under IPC, abetment is constituted


a) By instigating any person to commit an offense
b) By engaging in a conspiracy to commit an offense
c) By intentionally aiding a person in committing an offense
d) All of the above

Q.17. which section defines criminal conspiracy


a) Sec 121
b) Sec 120
c) Sec 135
d) Sec 131

Q.18. Sedition can be


a) Written
b) Spoken
c) Signs or visual representation
d) All of the above

Q.19. Sedition implies the misdemeanour of publishing orally or in any other manner of
communication brings or attempts to bring _________________________ towards the
Govt. established by Law in India.
a) Hatred
b) Contempt
c) Disaffection
d) All of the above

Q.20. Sedition has been defined under


a) Sec 124
b) Sec 124A
c) Sec 125
d) Sec 126

Q.21. “A” raised many slogans against the Govt which was to the effect of death to the
country. Many people were provoked by these slogans, went and destroyed various
Government offices. Does this amount to sedition as defined under the IPC?
a) Yes
b) No

Q.22. A workman throws snow from a roof giving proper warning. A passer-by is killed. The
workman is—
a) Guilty of murder
b) Guilty of culpable homicide not amounting to murder
c) Guilty of causing death by negligence
d) Not guilty since death was accidental

Q.23. ‘A’ is cutting the wood with an axe at a place where children are playing. The axe flies
off and kills a nearby child. ‘A’ is liable for—
a) No offense
b) Murder
c) Culpable homicide
d) Causing death by negligence

Q.24. Culpable homicide is murder if the act by which the death is caused is done with the
intention of causing
a) Death
b) The Bodily injury is likely to cause death or is sufficient, in the ordinary course of nature,
to cause death.
c) An act by which death is caused is so imminently dangerous that it must, in all probability,
cause death
d) All of the above

Q.25. ‘A’ removes B’s book from his house without his consent with the intention to return
it to him if he as a friend reward him for the return. ‘A’ is liable for—
a) Theft
b) Attempt to theft
c) Criminal breach of trust
d) An attempt of criminal breach of trust

Q.26.A police constable compels a person to remain in the police station on a false case of
theft and allowing him to go after receiving money from him. He is liable for—
a) Forgery
b) Cheating
c) Extortion
d) Wrongful confinement
Q.27. ‘A’ finds a purse with money, not knowing to whom it belongs; he afterward discovers
that it belongs to ‘B’ and appropriates it to his own use. ‘A’ is guilty of—
a) Theft
b) Criminal misappropriation
c) Criminal breach of trust
d) Cheating

Q.28. Consider the following:


1. Entrustment.
2: Misappropriation or conversion to one’s own use.
3. Misappropriation, conversion, or disposal with dishonest intention.
In which one of the following offenses are the above essential ingredients?
a) Cheating
b) Criminal misappropriation
c) Criminal breach of trust
d) Extortion

Q.29. Taking property dishonestly from the dead body


a) does not amount to any offense under IPC.
b) amounts to the offense of theft
c) amounts to the offense of criminal misappropriation.
d) amounts to the offense of criminal breach of trust.

Q.30. section 497 defined


a) Adultery
b) Bigamy
c) Forgery
d) None of the above

a) Q.31. The motive under section 81 of IPC should be:Prevention of harm to person
b) Prevention of harm to property
c) Both a and b
d) Either a or b

Q.32. “Infancy” as an exception has been provided under:


a) Section 80
b) Section 81
c) Section 82
d) Section 84

Q.33. Section 82 of IPC provides that nothing is an offence which is done by a child under:
a) Six years of age
b) Seven years of age
c) Nine years of age
d) Ten years of age

Q.34. The doctrine “volenti nonfit injuria” is contained in:


a) Section 87 of IPC
b) Section 88 of IPC
c) Section 89 of IPC
d) All the above.

Q.35. The defence of “consent” applies to:


a) Private wrongs
b) Public wrongs
c) Both a and b
d) Neither a nor b

Q.36. The defence of “consent” is not available in case of:


a) Consent to cause of death
b) Consent to cause of grievous hurt
c) Both a and b
d) Either a or b

Q.37. Under which one of the following cases the traditional rule of filling petition only by
the person aggrieved except in the case of habeas corpus is relaxed:
a) Trilokchand Moichand v. H.B.Munshi
b) Joginder nath v. UOI
c) Rabindranath Bose v. UOI
d) Upendra Baxi v. State of UP>

Q.38. Habitual Dealing in slaves is dealt under


a) Sect 371 IPC
b) Sect 372 IPC
c) Sect 373 IPC
d) Sect 374 IPC

Q.39. Abetment of any offence, if the act abetted is committed in consequence, and where
no express provision is made for its punishment is dealt under
a) Sect 109
b) Sect 110
c) Sect 111
d) Sect 112

Q.40. All about ‘intention’ is true except one:


a) Is a state of mind
b) Is an objective element
c) Rarely susceptible to proof
d) Always a matter of inference

Q.41. The word ‘illegal’ is applicable to everything:


a) Which is an offence
b) Which is prohibited by law
c) Which furnished ground for civil action
d) All of them

Q.42. Bribery is dealt under:


a) Sect 167 E
b) Sect 168 E
c) Sect 169 E
d) Sect 171 E

Q.43. The accused shot dead his father who was abusing his mother and was going to cut
her throat. The accused:
a) Acted with vindictive feelings
b) Acted so due to the imminent danger to his mother’s life
c) Is not guilty
d) b and c

Q.44. Person for whose benefit or on whose behalf a riot takes place not using all lawful
means to prevent it is dealt under:
a) sect 155
b) sect 156
c) sect 157
d) sect 158

Q.45. The offence of theft can only be against


a) movable property
b) immovable property
c) both a and b
d) all properties

Q.46. A person who helps the other person is an


a) abettor
b) instigator
c) accomplice
d) friend

Q.47. Maintenance under section 125 of the criminal procedure code can be claimed by
a) Everyone
b) Wife
c) Parents
d) Both b and c

Q.48. The case of dowry death can be filed only within


a) 7 years of death
b) 7 years of marriage
c) 7 years of dowry demand
d) Both b and c

Q.49. which of the following is not a chapter heading under Indian Penal Code?
a) Offences against state
b) Offences against human body
c) Offences against property
d) None of the above

Q.50. If the offence of Culpable Homicide is the genus, then murder is


a) An offence
b) A crime
c) Specie
d) None of these

Q.51. which of the following is both a tort as well as crime?


a) Defamation
b) Murder
c) Theft
d) None of these

Q.52. Waging a war or an attempt to wage a war is punishable under Indian Penal Code with
a) Punishable with death
b) Life imprisonment
c) Either a or b
d) None of these

Q.53. which of the following is not identified under Indian penal code 1860?
a) Robbery by Dacoity
b) Robbery by theft
c) Robbery by rape
d) None of these

Q.54. Conspiring to commit certain offences against the state is dealt under
a) Sect 120A
b) Sect 121A
c) Sect 122A
d) Sect 123A

Q.55. In which of the following death sentence is awarded?


a) Waging war against the Government of India
b) Abetting mutiny actually committed
c) Murder
d) All of them

Q.56. Which of the following is true about imprisonment?


a) It is characterised by hard labour
b) It is characterised by confinement to jail
c) It is subject to the kind of imprisonment
d) All of them
Q.57. what is minimum term of imprisonment in case of, at the time of attempting robbery
or dacoity, the offender is armed with any deadly weapon, he is punished with
imprisonment of not less than:
a) Four years under sect 397 IPC
b) Five years under sect 397 IPC
c) Six years under sect 397 IPC
d) Seven years under sect 397 IPC

Q.58. If committed in a place of public worship, etc. is dealt under


a) Sect 152B of IPC
b) Sect 153B of IPC
c) Sect 154B of IPC
d) Sect 155B of IPC

Q.59. which of the following is false of sect 34 of the IPC?


a) It is only a rule of evidence
b) It does not create a distinct offence
c) Lays down principle of liability
d) It is a penal provision

Q.60. which of the following pair is not correctly matched?


a) Mens Rea – R.V.Prince
b) Necessity – D.P.P.v.beard
c) Insanity- Mc’sNaughten case
d) Intoxication- Basudeo v. State of Pepsu.

Q.61. “In every statute, mens rea is to be implied unless the country is shown.”
This view was expressed in-
a) Sherras v. De Rutzen
b) R.v. Dudlye & Stephen
c) Harding v. Price
d) R.v.Prince

Q.62. which of the following is correct for the aforesaid?


I. The physical aspect of crime is actus rea.
II. The mental aspect of crime is mens rea.
III. The motive is the desire to commit crime.
a) I & II are correct but III is not correct
b) Only II & III
c) Only I & III
d) All the above

Q.63. Irresistible impulse is a defence:


a) In India
b) In England
c) In India & England both
d) Neither in India nor in England
Q.64. The law on Private Defence in India-
a) Is the same as in England
b) Is narrower than the one in England
c) Is wider than the one in England
d) None of the above

Q.65. Principle: Mistake of fact is to be excused and not mistake of law.


Which one of the following is not mistake of fact?
a) When an accused mistook a human being in the jungle as a wild animal at night and
killed him.
b) Where an accused killed a person under the mistaken belief that the letter entered
house with the intention of killing.
c) When an accused acting under a delusion killed his own son considering him to be a
tiger.
d) When a police constable, wanting to settle personal scores with A, apprehends his
younger brother and tortured him in custody.

Q.66. Principle: whosoever does any act with such intention or knowledge and under such
circumstances that, if he by that act caused death, he would be guilty of culpable homicide
not amounting to murder.
Fact: Ram is a good swimmer. He finds a child of seven years drowning in the river.
He could have saved the child but he could not do so. The child is drowned Ram is guilty of-
a) No offence
b) Murder
c) Culpable homicide
d) None of these

Q.67. Principle: Whosoever intentionally puts any person in fear of any injury to that
person, or to any other, and thereby dishonestly induces that person so put in fear to
deliver to any person any property, commits extortion.
Fact: A entered B’s house, caught hold of B’s daughter C and threatened to stab her if B did
not give him Rs.10000 immediately. B did so. A is prosecuted for extortion.
a) A has committed theft, not extortion.
b) A has committed extortion.
c) A has committed both theft and extortion.
d) A has not committed any offence.

Q.68. Principle: whoever voluntarily has carnal intercourse against the order of nature with
any man, woman or animal shall be punished.
Fact: Two adult men were found engaged in carnal intercourse by the police. The police
arrested the men and produced them before the court.
a) Court will punish the police officer who arrested the men
b) Court will not punish the men for they were adults.
c) Court will punish the men
d) Court may be requested to declared the law unconstitutional.
Q.69. Principle 1: The punishment of death penalty is given only in the rarest of rare cases,
where the crime is very heinous and savage in nature.
Explanation: The punishment of death penalty is decided on a case-to-case basis.
Principle 2: No person shall be punished unheard.
Fact: Ranga and Billa were two hardened criminals, who had killed around 20 people by
smashing their skulls. They were finally arrested by the police and before the trial, death
penalty was sought to be given to them. Decide.
a) Death penalty cannot be given to them as court must give them a fair chance to
represent their case.
b) Death penalty can be awarded to them, if the judge trying the case feels that their
crimes come under the ambit of rarest of rare cases.
c) Death penalty should be given to them as they are hardened criminals.
d) None of these.

Q.70. Principle: Everyone has right to defend their life and property against criminal harm
provided it is not possible to approach public authorities and more harm than that is
necessary has not been caused to avert the danger.
Fact: The farm of X on outskirts on the Delhi was attacked by gang of armed robbers. X
without informing the police, at first warned the robbers by firing in the air. As they were
fleeing, he fired at them injuring a robber. Can he claim the right to self-defence?
a) No, as he had not informed the police first and had acted on his own.
b) Yes, as he has every right to protect his property.
c) No, because he had used excessive force and had caused more harm, than was
required.
d) Both a and c

Q.71. Principle: Any person accused of a crime innocent until proven guilty.
Fact: Ankitanandwalks into the Brijitnagar Police Station and confess to having murdered
twenty members of parliament in their sleep. While the inspector extremely pleased to hear
this, he proceeds to arrest Ankitanandput her in jail. He later goes to the local magistrate
and inform him to Ankita’s confession. The magistrate sentence Ankitanandto Life
imprisonment. Is the procedure followed, correct?
a) Ankitanandhas not been accused of crime and hence he cannot be held guilty.
b) Ankitananddid not confess to the magistrate and thus has no bearing on her guilty or
innocence.
c) Ankitanandhas not has a fair trial in the eyes of the law and thus she cannot be
found guilty and sentenced.
d) Ankitananddid not have the representation of a lawyer and thus a sentence will be
set aside.

Q.72. Principle: A child in the age group of 7-12 years can be held liable for a crime, if the
magistrate trying the case is convinced about the mental competence of the child in
carrying out the activity.
Fact: Shristi, a 9 years old girl, stabbed swati, her classmate because of ill-filling and
misunderstanding. After the crime, she washes the knife to clean it and then hid the
weapon in a desolate spot. As a magistrate, can you prosecute Shristi?
a) No, because she is a small child and cannot understand the consequence of her act.
b) Yes, because she had the mental capacity and competence to carry out the offence.
c) Yes, because by punishing her, it would serve a good precedence in the society.
d) No, because she was too small to stand for a trial.

Q.73. Principle: Whoever, intending to take dishonesty any movable 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.
Fact: ‘Z’, going on a journey, entrusts his plate to the possession of ‘A’, take keeper of a
warehouse, till ‘Z’ shall return. Then ‘A’ carries the plate to a goldsmith and sells it.
a) ‘A’ has committed theft
b) ‘A’ has not committed theft
c) ‘A’ lawfully sold the plate to the goldsmith
d) None of the above is true

Q.74. Principle: Whoever dishonesty misappropriation or converts to his own use any
movable property is guilty of criminal misappropriation of property.
Fact: A finds a government promissory note belonging to Z, bearing a blank endorsement. A
knowing that the note belongs to Z, pledges it with a banker as security for a loan, intending
to restore it to Z at a future time. Has A committed criminal misappropriation?
a) Yes, since he deprived Z from using his property and used it for his own use.
b) No, since he intended to return the property to Z in the future.
c) No, it is theft and not criminal misappropriation
d) Yes, since he deprived Z from using his property.

Q.75. Principle: Killing is not murder if the offender, whilst deprived of the power of self-
control by intense and sudden provocation, causes the death of the person who gave the
provocation.
Fact: ‘A’, a man found his girlfriend sleeping, in her own bed room, with another man
named ‘B’. ‘A’, did not do anything but went to his home, picked a gun and cartridges,
returned to the place empty. After fifteen days he saw his girlfriend dining in a restaurant.
Without waiting for even a second, ‘A’ fired five bullets at his girlfriend who died on spot.
a) ‘A’ could have killed both ‘B’ and his girlfriend.
b) ‘A’ killed his girlfriend under intense and sudden provocation.
c) ‘A’ did not kill his girlfriend under intense and sudden provocation.
d) ‘A’ could have killed ‘B’ instead of his girlfriend.

Q.76. Principle: A person is said to have committed assault when an apprehension is caused
in the mind of a person that he is about to use physical force against his body.
Fact: ‘A’ abuses ‘B’ while he was sitting in a moving train, by aggressively shaking his fists
when ‘B’ was standing on the railway platform at a distance.
a) ‘A’ has caused fear of assault in the mind of ‘B’.
b) ‘A’ has not committed assault against ‘B’.
c) ‘A’ has caused apprehension of assault in the mind of ‘B’
d) ‘A’ has committed assault against ‘B’.

Q.77. Principle:
1. The crime of kidnapping involves taking someone away from the custody of their lawful
guardian.
2. The crime abduction involves inducing or forcing somebody to go away from some place
against their will.
Fact: A steals B’s slave. Is it crime?
Decision:
I. Kidnapping
II. Abduction
III. Neither
Reason:
A. Slavery is illegal
B. A has taken him away from B’s lawful custody
C. A has forced somebody to go with him against his will.

Options-
a) I-B
b) II-C
c) III-A
d) I-A

Q.78. Principles:
• A person is said to abet the doing of a thing when he instigates any other person to
do that thing.
• Mere acquiescence, however, does not amount to instigation.
Fact: ‘A’ says to ‘B’. I am going to kill ‘C’, “and B replies: Do as you wish and take the
consequences.” Whereafter A kills C.
a) B has not abetted A to kill C
b) B abetted A to kill C
c) B has abetted A by conspiracy
d) B is jointly liable with A for killing C

Q.79. PRINCIPLE: Whoever wrongfully restrains any person in such a manner as to prevent
that person from proceedings beyond certain circumscribing limits, is said “wrongfully to
confine” that person.
Factual Situation: A places men with firearms at the outlets of a building, and tells B that he
will fire at if B attempts to leave the building
a) A is guilty of wrongful restraints
b) A is guilty of wrongful confinement
c) A is not guilty since it is a preparation only.
d) None of the above

Q.80. Principle: no women shall be arrested after 5 pm in the evening.


Fact: Ayesha is a male-to-female transgender who makes a living by pickpocketing
unsuspecting tourists at Marina Beach in Chennai. In the evening around 7 pm, while in the
process of attempting to steal a women’s purse, Ayesha is caught by Selvaraj, a local
policeman. He arrests Ayesha and takes Ayesha to prison. Ayesha challenges this in the
court at the trial, by saying the procedure was violated in arresting Ayesha. Decide whether
Ayesha’s claim is legally valid or not.
a) It is valid, because Ayesha is a woman, and can therefore not be arrested post 5 pm
b) It is not valid, because Ayesha is a man, and can therefore be arrested at any time.
c) It is not valid by reason that Ayesha is a woman and therefore had to be arrested
only by women police officer
d) None of these.

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