Bhartiya Nyay Sanhita - MCQs - Part 2

51. In how many years a sentences of Imprisonment for life can be commuted by the Government

a. 20 years

b. 18 years.

c. 14 years in IPC

d. 12 years

Section 6 of BNS: In calculating fractions of terms of punishment, imprisonment for life shall be reckoned as equivalent to imprisonment for twenty years unless otherwise provided.

52. 'A', the father abandons his 3-month old daughter 'Z'. Under the IPC or BNS, 'A' will be punished with a maximum of 

a. 3 years of imprisonment.

b. 5 years of Imprisonment.

c. 7 years of imprisonment.

d. Imprisonment for life.

Section 93 of BNS: Whoever being the father or mother of a child under the age of twelve years, or having the care of such child, shall expose or leave such child in any place with the intention of wholly abandoning such child, shall be punished with imprisonment of either description for a term which may extend to seven years, or with fine, or both.

53. Who may commute sentence?

a. Chief Justice of High Court

b. Chief Justice of India.

c. Appropriate Government.

d. Any Appellate Court.

54. In calculating fractions of terms of punishment, the imprisonment for life is reckoned as equivalent to:-

a. Imprisonment for fourteen years

b. Imprisonment for twelve years.

c. Imprisonment for twenty years.

d. Imprisonment for seven years

55. Where no sum is expressed to which a fine may extend, under IPC in such a case, the amount of fine to which the offender is liable is:

a. Up to the power of the magistrate sentencing.

b. Unlimited but not excessive.

c. Upto Rs 10000.

d. All of them.

Section 8(1) of BNS: Where no sum is expressed to which a fine may extend, the amount of fine to which the offender is liable in unlimited, but shall not be excessive.

56. When the offence is punishable with imprisonment as well as fine, maximum term of imprisonment  that can be awarded in default of payment of fine shall not exceed - 

a. One-half

b. One- fourth.

c. One-eight

d. One-sixth

of the maximum punishment fixed for the offence.

57. Under Section 63 of the IPC or Section 8 of BNS, where no sum is expressed to which a fine may extend, then the amount of fine to which the offender is liable, is prescribed as 

a. Limited to up to rupees one laks.

b. Limited to up to rupees 50000

c. limited to such amount as the appropriate government may prescribe.

d. unlimited but is directed not to be excessive.

Section 8 of BNS: (1) Where no sum is expressed to which a fine may extend, the amount of fine to which the offender is liable is unlimited, but shall not be excessive.

58. Imprisonment in default of fine cannot exceed

a. 1/4th of the maximum term provided for the offence.

b. six months.

c. Three months

d. none of the above.

59. Under Section 65 of the IPC or Section 8(3) of BNS, sentence of imprisonment for non-payment of fine shall be limited to 

a. one-third of the maximum term of imprisonment fixed for the offence.

b. One-fourth of the maximum term of imprisonment fixed for the offence.

c. One-half of the maximum term of imprisonment fixed for the offence.

d. one- fifth of the maximum term of imprisonment fixed for the offence.

Section 8(3) of BNS: The term for which the Court directs the offender to be imprisoned in default of payment of a fine shall not exceed one-fourth of the term of imprisoned in default of payment of fine shall not exceed one-fourth of the term of imprisonment which is the maximum fixed for the offence, if the offence be punishable with imprisonment as well as fine.

60. The maximum term of imprisonment that can be awarded in default of payment of fine, in case of offence punishable with fine Only, when the person is sentence to a fine of rupees hundered:-

a. Six Months

b. Four months - Section 8(5)(b)

c. One month

d. Two months.

61. Under IPC or BNS, if the offence is punishable with fine only and the accused has been awarded with fifty rupees fine the period of imprisonment is default shall 

a. Not exceeding one month.

b. not exceeding two month - 2(5) (a) of BNS

c. not exceeding three month

d. not exceeding four month.

62. A' was sentenced to fine of rupees one thousand and in case of default to suffer simple imprisonment for six months. He did not pay the fine and was taken in custody. After six weeks, an amount of rupees one hundered was realised through warrant for recovery and he further deposited rupees four  hundered the balance remaining unpaid. A would be

a. entitled to immediate release from custody.

b. Entitled to release as soon as three months elapse.

c. Liable to undergo imprisonment for the period of six months.

d. entitled to release after such period as the court may further direct on such realisation or deposit.

63. The 'Protection against double jeopardy' is contained in 

a. Section 75 or 13 of BNS

b. Section 71 or 9 of BNS

c. Section 53 or 4 of BNS.

d. Section 3 or 1(4) of BNS.

64. Under IPC or BNS which of the following sections makes provision of solitary confinement

a. Section 71 or Section 9 of BNS

b. Section 72 or Section 10 of BNS.

c. Section 73 or Section 11 of BNS.

d. Section 74 or Section 12 of BNS.

65. According to Sections 73 and 74 or Section 11 and 12 of BNS, a convict can be kept in solitary confinement for any portion or portions of imprisonment to which he is sentenced. Which of the following is incorrect?

a. For period not exceeding three months in the whole.

b. For period not exceeding three months, if the term of the imprisonment exceeds six months and does not exceed one year.

c. For period not exceeding three months if the term of imprisonment exceeds one year.

d. The solitary confinement in no case shall exceed 14 days at a time.

66. Under Section 73 or Section 11 of BNS, the maximum time for which a person may be kept in solitary confinement is.

a. One month.

b. Three month.

c. Six month.

d. One year

67. The maximum period of solitary confinement provided under Section 73 of IPC or Section 11 of BNS is 

a. One month.

b. Two months.

c. Three months

d. Six months.

68. Which provisions of the IPC or BNS deal with the Solitary Confinement' and limits on solitary confinement

a Section 68 and Section 69 of IPC or Section 8(6)(a) and Section 8(6)(b).

b. Section 59 (repealed) and Section 60 of IPC or Section 7 of BNS.

c. Section 73 and Section 74 of IPC or Section 11 and Section 12 of BNS.

d. Section 71 and Section 72 of IPC or Section 9 and Section 10 of BNS.

69. The maxim "Ignorantia facit excusat" relates to

a. Section 75 of IPC or Section 13 of BNS

b. Section 76 of IPC or Section 14 of BNS.

c. Section 77 of IPC or Section 15 of BNS

d. None of the above.

70. The term of life imprisonment under IPC is 

a. 14 years

b. 20 years. 

c. Whole of natural Life.

d. 10 years.

71. Which one of the following Sections of the IPC is based upon the maxim 'De minimis non curat lex"?

a. Section 86 or Section 24 of BNS

b. Section 93 or Section 31 of BNS

c. Section 96 or Section 34 of BNS.

d. Section 95 or Section 33 of BNS.

72. Under Which provision of the IPC apprpriate Government may commute the punishment of imprisonment for life?

a. Section 52 or Section 2(11) of BNS

b. Section 53 or Section 4 of BNS

c. Section 54 or Section 5 of BNS

d. Section 55 or Section 5(b) of BNS

73. Under IPC, 1860, an offence is not punishable, if it is done by a child.

a. of below 12 years of age, if he has not attend sufficient maturity and understanding or below 7 years of age. 

b. of below 14 year of age, if he has not attained sufficient maturity and understanding or below 8 years of age.

c. of below 15 years of age, if he has not attend sufficient maturity and understanding or below 9 years of age.

d. of below 16 years of age, if he has not attained sufficient maturity and understanding or below 10 years of age.

74. Right to private defence extends to 

a. Defence of body only.

b. Defence of property only

c. Defence of body and property both.

d. None of the above.

75. The maxim 'de minimis non curat lex' is the foundation of which general exception under Chapter IV of the IPC

a. act causing slight harm.

b. act of child under seven years of age.

c. Act of child above seven and twelve of immature understanding.

d. accident in doing a lawful act.

76. The defence of intoxication is not available:

a. where the person is incapable of knowing the nature of the act.

b. where the intoxication is voluntary.

c. where the person is incapable of knowing that what he is doing is wrong.

d. Where the person is incapable of knowing that what he is doing is contrary to law.

77. 'A' who is abducted by 'B', is forced by the threat of instant death by 'B' who is heavily armed to use his (A's) skills as a smith to force open the door of a house in order to enable 'B' to commit robbery. 'A' has committed:

a. house breaking

b. house trespass.

c. robbery.

d. no offence.

78. A child who doesn't understand or distinguish between the right and the wrong is called as doli incapax. This is defined under which section of IPC or BNS.

a. Section 86 or Section 24 of BNS

b. Section 87 or Section 25 of BNS.

c. Section 84 or Section 22 of BNS

d. Section 83 or Section 21 of BNS

e. Section 82 or Section 20 of BNS.

79. An act done under 'mistake of fact'- 

a. is a complete defence in a criminal charge.

b. is a complete defence in a criminal charge if done in good faith.

c. if no defence at all.

d. is a partial defence in a criminal charge.

80. Section 76 of IPC or Section 14 of BNS provides that nothing is an offence which is done by a person who by reason of

a. Mistake of fact in good faith believes himself to be bound by law to do it.

b. Mistake of law in good faith believes himself to be bound by law to do it.

c. Mistake of fact believes himself to be bound by morals to do it.

d. All the above.

81. Which one of the following statements is correct?

Where a police constable fires upon a mob under the orders of his superior officer and therby kills a person

a. The constable is not liable because he had no intention to kill.

b. The constable is not liable because he is permitted to fire and kill.

c. The constable is not liable because he, in good faith believed himself to be bound by law to obey the orders of his superior officer.

d. The constable is not liable because it was a mistake.

82. In which of the conditions the act will not be wrongful confinement?

a. Circumscribing limits

b. Malice.

c. Moral Force.

d. Mistaken exercise of power.

83. 'A' a police officer is directed by the court to arrest B. He arrests C after reasonable inquiry believing C to be B.

a. A has committed the offence of wrongful confinement as he has arrested C instead of B.

b. A has committed the offence of wrongful confinement as he was negligent in arresting C.

c. A has committed no offence because he arrested C in good faith believing himself to be bound by law to do so.

d. None of the above.

84. Which one of the following sections of the IPC or BNS provides that 'Nothing is an offence which is done by a judge while acting judicially

a. Section 75 or Section 13 of BNS.

b. Section 76 or Section 14 of BNS.

c. Section 77 or Section 15 of BNS.

d. Section 79 or Section 17 of BNS

85. An act which is done by a Judge when acting judicially in the exercise of any power which is, or which in good faith believes to be, given to him by law that act of Judge.

a. is an offence because Judge should have knowledge of law.

b. is not offence.

c. is punishable.

d. is unpardonable and maximum punishment should be imposed.

86. Which one of the following statements is correct?

A hangman who hangs the convict pursuant to the order of the court is exempted from criminal liablity by virtue of 

a. Section 94 or Section 32 of BNS

b. Section 76 or Section 14 of BNS

c. Section 78 or Section 16 of BNS

d. Section 77 or Section 15 of BNS.

87. Qui peccatebrius, luatsobris deals with.

a. Intoxication.

b. Insanity.

c. Consent.

d. Immaturity.

88. Act done in pursuance of order of court, if done in good faith is coverable under General Exception under which of the following sections of IPC.

a. Section 76. or Section 14 of BNS

b. Section 77 or Section 15 of BNS

c. Section 78 or Section 16 of BNS.

d. Section 79 or Section 17 of BNS.

89. A hangman who hangs the prisoners pursuant to the order of the Court is exempted from criminal liability by virtue of IPC or BNS

a. Section 76. or Section 14 of BNS

b. Section 77 or Section 15 of BNS

c. Section 78 or Section 16 of BNS.

d. Section 79 or Section 17 of BNS.

90. Which one of the following is an exception to the offence of murder?

a. An act justified by law to kill a person.

b. Killing a person having been intoxicated without one's consent.

c. Aiding suicide with the consent of deceased adult.

d. Killing a man in an accident caused by negligent driving.

91. 'A' is at work with a hatchet; the head flies off and kills a man who is standing near by. Here, there was no want of proper care and caution on the part of 'A', 'A', is guilty of which of the following?

a. Murder

b. Causing death by negligence.

c. Culpable homicide not amount to murder.

d. No offence.

92. A is at work with a hatchet, the head flies off and kills a man who is standing near by. No want of proper caution on the part of A. His act is:

a. Murder.

b. Culpable homicide not murder.

c. His act is excusable, not an offence.

d. Causing death by negligence

93. 'A' not knowing whether it is loaded or not, pulls the trigger of a gun pointing at 'B' , 'B' is shot dead. 'A' can:

a. Claim the protection of Section 80 of IPC. or Section 18 of BNS.

b. Not claim the protection of Section 80 of IPC or Section 18 of BNS.

c. Claim the protection of Section 181 of IPC or Section  216 of BNS.

d. Not claim the protection of Section 81 of IPC or Section 19 of BNS.

94. Which provision of the Indian Penal Code says "nothing is an offence which is done by accident?

a. Section 79 of IPC or 17 of BNS.

b. Section 78 of IPC or Section 16 of BNS

c. Section 80 of IPC or Section 18 of BNS

d. None of the above.

95. Which one of the following in NOT an essential element of the defence of accident under the IPC?

a. Absence of criminal intention or knowledge.

b. Act must be lawful.

c. Means must be lawful.

d. Act must be done with due attention.

96. A is working in a field with a spade. The iron head of the spade flies off and hits a person who dies.

a. A cannot be prosecuted of any offence.

b. A can be accused of murder.

c. A can be accused of attempt to murder.

d. A's act is not an offence if it is found that he had taken proper caution.

97. 'A' pulls down houses in good faith of saving lives and property in a great fire. In this case, which of the following statements is correct?

a. He has committed as offence of mischief.

b. He has committed an offence of house trespass.

c. He has committed an offence of house breaking.

d. He has committed no offence.

98. In which of the following cases 'necessity' under Section 81 of IPC cannot be pleaded as a defence?

a. Self-defence and prevention of violence.

b. Prevention of harm to the accused at the expense of an innocent person.

c. Self-preservation is an absolute necessity.

d. Choice of evils affecting person other that the accused.

99. X and Y swimming in the sea, after a shipwrek got hold of a plank. The plank was not large enough to support both X with no other option, pushed Y who was drowned. X has committed:

a. Culpable homicide.

b. Murder.

c. The offence of causing death by negligence.

d. no offence.

100. The expression 'harm' is used in Section  81 of the IPC or Section 19 of BNS in the sense of 

a. Hurt.

b. Injury

c. Physical injury.

d. Moral wrong or evil.