Bhartiya Nyay Sanhita - MCQs

INTRODUCTION

PART - I 

1. An Indian citizen murders a French citizen in Paris and absconds. He is found by Indian police in Mumbai. He (with previous sanction of Central Government) can be:

1. prosecuted in India at the place fixed by Foreign Ministry.
2. prosecuted in national capital New Delhi only.
3. prosecuted in Mumbai only
4. prosecuted at any place as per the request of French Government.
5. None of the above.

Explanation

Section 2(5) of BNS: The provisions of this Sanhita shall also apply to any offence committed by

a. any citizen of India in any place without and beyond India;

b. any person on any ship or aircraft registered in India whereever it may be;

c. any person in any place without and beyond India committing offence targeting a computer resource located in India.

Explanation: In this Section, the word "Offence" includes every act committed outside India which, if committed in India, would be punishable under this Sanhita.

Illustration

A, who is a citizen of India, commits a murder in any place without and beyond India. He can be tried and convicted of murder in any place in India in which he may be found.

2. Whether IPC, 1860 or BNS, 2023 applies to an offence committed by a citizen of India outside India.

1. Yes 
2. No 
3. If the offence is associated and has nexus with another offence committed in India.
4. Only if there is a mutual treaty between India and the country in which the offence was committed.

Section 2(5) of BNS: The provisions of this Sanhita shall also apply to any offence committed by

a. any citizen of India in any place without and beyond India;

3. A national of Pakistan fires from the other side of the borders and a person within the Indian border is killed. The relatives, friends and other Indians rush and drag the Pakistani to border Indian Police Station.Can the Indian courts try the accused for murder?

1. No, Indian courts have no jurisdiction
2. Yes
3. He shall be handed over to the Pakistani authorities for trial in Pakistan 
4. None of the above. 

4. Under which of the following situations would the Indian Courts have jurisdiction?

1. Crime committed by an Indian in a foreign country.

2. Crime committed by a foreigner in India.

3. Crime committed by a person on a Indian ship.

Select the correct answer using the codes given below

1. 1 and 2
2. 1 and 3
3. 2 alone
4. 1, 2 and 3

Section 1(4): Any person liable, by any law for the time being in force in India, to be tried for an offence committeed beyond India shall be dealt with according to the provisions of this Sanhita for any act committed beyond India in the same manner as if such act had been committed within India.

Section 1(5) of BNS: The provisions of this Sanhita shall also apply to any offence committed by

a. any citizen of India in any place without and beyond India;

b. any person on any ship or aircraft registered in India whereever it may be;

c. any person in any place without and beyond India committing offence targeting a computer resource located in India.

Explanation: In this Section, the word "Offence" includes every act committed outside India which, if committed in India, would be punishable under this Sanhita.

Illustration

A, who is a citizen of India, commits a murder in any place without and beyond India. He can be tried and convicted of murder in any place in India in which he may be found.

5. A citizen of India committing an offence outside India may be tried under IPC or BNS.

a. True.

b. False

GENERAL EXPLANATIONS

(SECTION 6-52A) 

6. "A" filed a FIR giving details of a crime that he had committed. There were no exculpatory statements in the FIR and gave all the details regarding the commission of the crime. Which statement is accurate:

a. The FIR is hit by Section 25 of Evidence act or Section 23(1) of BSA and hence is inadmissible as an evidence. However, the fact that 'A' filed the FIR is admissible under Section 8 of IEA or Section 6 of BSA

b. Since the FIR is confessional in nature the fact that 'A' filed the FIR is also not admissible in evidence.

c. FIR including confession is admissible under Indian Evidence Act as it was voluntary and before arrest.

d. It is admissible under Section 32 of the Evidence Act or Section 26 of BNS.

Explanation

Section 25 of IEA or Section 23(1) of BSA: Confession to police officer - (1) No confession made to a plice officer shall be proved as against a person accused of any offence.

(2) No confession made by any person while he is in the custody of a police officer, unless it is made in the immediate presence of a Magistrate shall be proved against him.

Provided that when any fact is deposed to as discovered in consequence of information received from a person accused of any offence, in the custody of a police officer, so much of such information, whether it amounts to a confession or not, as relates distinctly to the fact discovered, may be proved.

Section 6 of BSA: Motive, Preparation and Previous or subsequent conduct 

7. In IPC or BNS the pronoun 'he' and its derivatives are used for 

a. Male.

b. Female

c. Any person whether male or female.

d. Such words are not used in the Code.

Section 2(10) of BNS or Section 8 of IPC defines gender as: The pronoun "he" and its derivatives are used to an person whether male, female or transgender.

8. Who, according to Section 21 of Indian Penal Code, 1860, or Section 2(28) of BNS is not a public servant

a. A commisioned officer in Indian Army, Navy, and Air Force.

b. An arbitrator to whom any cause has been referred for adjudication by the court of justice.

c. An officer, who, by virtue of his office, is empowered to place or keep any person in confinement.

d. An advocate, who practices law in a court of justice.

9. In which section of IPC or BNS public servant is defined.

a. Section 2(25)

b. Section 2(21)

c. Section 2(28)

d. Section 21 of IPC

10. The definition of movable property under Section 22 of IPC or under Section 2(21) of BNS excludes.

a. Land.

b. Things attached to the earth.

c. Things permanently fastened to anything which is attached to the earth.

d. All of the above.

Section 2(21) of BNS : Movable Property - includes property of every description, except land and things attached to the earth or permanently fastened to anything which is attached to the earth.

11. Definition of wrongful gain is as follows --

a. Gain by unlawful means of property to which person is not legally entitled.

b. Gaining wronfully and losing wrongfully.

c. Gaining dishonestly.

d. Loss by unlawful means of property to which person is entitled.

Section 2(36) of BNS or Section 23 of IPC defines wrongful gain - means gain by unlawful means of property to which the person gaining is not legally entitled;

12. 'Gaining wrongfully and losing wrongfully' have been defined under IPC or BNS in 

a. Section 2(36)

b. Section 2(37)

c. Section 2(38)

d. Section 23.

Section 2(38) of BNS and Section 23 of IPC defines 'Gaining wrongfully' and 'losing wrongfully' - A person is said to gain wrongfully when such person retains wrongfully, as well as when such person acquires wrongfully. A person is said to lose wrongfully when such person is wrongfully kept out of any property, as well as when such person is wrongfully deprived of property;

13. A person acts dishonestly when he does anything:

a. with mens rea

b. with wrong motive.

c. with intention to cause wrongful gain to one person or wrongful loss to another.

d. with intent to defraud.

Section 2(7) of BNS or Section 24 of IPC defines 'Dishonestly' - means doing anything with the intention of causing wrongful gain to one person or wrongfull loss to another person;

14. Consider the following statements:

Anything is said to have been done dishonestly if it has been done with intention to

1. cause wrongful loss to any person and wrongful gain to another person

2. cause injury to any person.

Which of the statements given above is/are correct

a. 1 only

b. 2 only.

c. Both

d. Neither.

15. "Fraudulently intention" has been defined as "intent to defraud but not otherwise" in the IPC or BNS in Section

a. Section 2(10)

b. Section 2(11)

c. Section 2(13)

d. Section 2(9)

Section 2(9) of BNS or Section 25 of IPC  defines 'Fraudulently' - means doing anything with intention to defraud but not otherwise;

16. Which of the following pair is correctly matched

a. Counterfeit -- Section 2(4)

b. Valuable security --Section 2(5)

c. Document -- Section 2(7)

d. Omission -- Section 2(9)

Section 2(4) of BNS: Counterfeit - A person is said to "Counterfeit" who causes one thing to resemble another thing, intending by means of that resemblance to practise deception, or knowing it to be likely that deception will thereby be practised.

Explanation 1 - It is not essential to counterfeithing that the imitation should be exact.

Explanation 2 - When a person caused one thing to resemble another thing, and the resemblance is such that a person might be deceived thereby, it shall be presumed, until the contrary is proved, the the person so causing the one thing to resemble the other thing intended by means of that resemblance to practise deception or knew it to be likely that deception would thereby be practised.

17. Section 29A of IPC is related to 

a. Documents

b. Valuable Security

c. Electronic record.

d. None of the above 

18. Valuable security Section 2(31) of BNS or Section 30 of IPC is defined in 

a. CrPC

b. CPC

c. IEA.

d. IPC

Section 2(31) of BNS: "Valuable Security" means a document which is, or purports to be, a document whereby any legal right is created, extended, transferred, restricted, extinguished or released, or whereby any person acknowledges that he lies under legal liability, or has not a certain legal right.

Illustration

A writes his name on the back of a bill of exchange. As the effect of this endorsement is to transfer the right to the bill to any person who may become the lawful holder of it, the endorsement is a "valuable security";

19. Which one of the following sections of the IPC or BNS defines the word "Act"?

a. Section 32

b. Section 33 or Section 2(25) of BNS

c. Section 23

d. Section 24

Sec 2(25) of BNS - Omission - denotes as well as a series of omissions as a singly omission;

20. Section 34 of IPC or 3(5) of BNS deals with

a. Common intention.

b. Common object.

c. Common Knowledge

d. Criminal intention.

Section 3(5): When a criminal act is done by several persons in furtherance of the common intention of all, each of such persons is liable for that act in the same manner as if it were done by him alone.

21. Section 34 of IPC or Section 3(5) of BNS recognizes out the following principles of Criminal jurisprudence.

a. Principle of Absolute Liability

b. Principle of Joint Liability

c. Principle of Strict liability

d. Priciple of Vicarious Liability

22. The Principle of common intention applies only when

a. at least 5 person involved.

b. at least 2 persons involved.

c. at least 1 person involved.

d. none of the above.

23. Under which one of the following Sections of IPC or BNS, the principle of 'Joint criminal liablity' is applicable

a. Section 3(2)

b. Section 3(3)

c. Section 3(5)

d. Section 3(6)

24. Judgement in Mahboob Shah v. Emperor, AIR 1945 PC 118 explained the penal law relating to:

a. Right to private defence.

b. Defence of unsound mind.

c. Common object.

d. Common intention

e. None of the above.

25. Which one of the following statements is correct?

Joint criminal liability based on common intention requires that 

a. Criminal act is done by more than one person.

b. There is a common intention amond the accused persons

c. The accused has a participating presence in a commission of the crime.

d. All of the above.

26. In which one of the following cases was the distinction between common intention and similar intention pointed out?

a. Barendra Kumar Ghosh v. King Emperor

b. Mahboob Shah v. King Emperor.

c. Ram Prasad v. State of U.P

d. J.M. Desai v. State of Bombay

27. What is the difference between Section 34 of IPC or 3(5) of BNS and Section 149 of IPC or Section 190 of BNS

a. Section 34 or 3(5) of BNS creates a principle of joint liability and does not create a specific offence. Section 149 or Section 190 of BNS creates a specific offence.

b. Section 149 or Section 190 of BNS does not create a specific offence but section 34 of 3(5) creates a specific offence.

c. Both create specific offences but the principle of joint liability is created only by Section 34 or Section 3(5) of BNS.

d. Both create specific offences but the principle of joint liability is created only by Section 149 or 190 of IPC.

28. Section 34 of IPC provides for liability based on common intention. Consider the following situations:

1. The weapon used in the offence was found in A's house

2. A has procured the weapon of offence voluntarily to aid the criminal gang.

3. A was compelled under threat to his life to procure the weapon of offence.

4. The weapon was supplied on receipt of value of the weapon (sale)

Which of the situation given above reflect the correct ingredients with regard to Section 34 or Section 3(5).

a. 1 and 2

b. 2 and 3

c. 2 only.

d. 4 only.

29. Consider the following statement:

Section 34 of IPC or Section 3(5) of BNS does not apply where

1. five or more person assembled where one killed A

2. A and B who are enemies of C decided distinctly of kill C. A killed C when B was also present.

3. The presence of any person, who participated in the pre-arranged plan, is not necessary at the time of actual commission of the crime.

4. Privity of mind of all the accused is an essential ingredient for the commission of crime of these statements:

a. 1, 2 and 4 are correct.

b. 1, 2 and 3 are correct.

c. 2, 3 and 4 are correct.

d. 1, 3 and 4 are correct.

30. The difference between section 34 or Section 3(5) of BNS and Section 149 or Section 190 of BNS is that...........

a. Section 34 or 3(5) deals with group liability whereas section 149 deals with unlawful assembly. 

b. Section 34 or 3(5) requires five persons whereas section 149 or Section 190 requires minimum of two.

c. Section 34 requires active participation whereas section 149 or Section 190 of BNS is attracted even on membership of the unlawful assembly.

d. Section 34 or 3(5) is a substantive offence whereas section 149  or Section 190 is a rule of evidence only.

31. Common intention means 

a. Similar intention

b. Same intention.

c. Sharing of intention by all persons

d. Common plans.

32. Which of the following statement is correct?

a. Section 34 or Section 3(5) of BNS creates a substantive offence.

b. Section 34 or Section 3(5) of BNS introduces the principle of vicarious liability for an offence committed by the co-accused.

c. Section 34 or Section 3(5) of BNS recognizes that the co-participant in a crime must be made liable for his act in the commission of the crime by the co-accused.

d. Both b and c.

33. The phrase "in furtherance of common intention of all" used in Section 34 of IPC or Section 3(5) of BNS, is 

a. in the original draft.

b. added by Amending Act of 1870.

c. not at all there.

d. added by Amending Act of 1986.

34.  "Common intention" and "similar intention" was distinguished in the famous case of 

a. Barendra K. Ghose v. King, 1925 PC

b. Mahboob shah v. Emperor, 1943

c. Kripal Singh v. Emperor, 1943

d. Rishidev Panday v. State of UP, 1955

35. A' intentionally causes Z's death partly by illegal omitting to give Z' food and partly by beating Z, A is liable for murder by virtue of which one of the following sections of IPC?

a. Section 36 or Section 3(7)

b. Section 37 or Section 3(8) 

c. Section 34 or Section 3(5)

d. Section 35 or Section 3(6).

Section 3(7) - Whenever 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.

Illustration

A intentionally causes Z's death, partly by illegally omitting to give Z food, and partly by beating Z. A has committed murder.

36. Which one of the follwoing Sections of the IPC or BNS defines 'Voluntarily'?

a. Section 39 or Section 2(33)

b. Section 38 or Section 3(9)

c. Section 37 or Section 3(8)

d. Section 36 or Section 3(7)

Section 2(33): Voluntarily - A person is said to cause an effect "voluntarily" when he causes it by means whereby he intended to cause it, or by means which, at the time of employing those means, he knew or has reason to believe to be likely to cause it.

Illustration

A sets fire, by night, to an inhabited house in a large town, for the purpose of facilitating a robbery and thus causes the death of a person. Here, A may not have intended to cause death; and may even be sorry that death has been caused by his act; yet, if he knew that he was likely to cause death, he has caused death voluntarily;

37. "Offence" is defined under:-

a. Section 41 of IPC or Section 2(30)

b. Section 40 of IPC or Section 2(24)

c. Section 42 of IPC or Section 2(18)

d. Section 39 of IPC or Section 2(33).

Section 2(24) - “offence”.—Except in the Chapters and sections mentioned in sub-clauses (a) and (b), the word “offence” means a thing made punishable by this Sanhita, but–– 

(a) in Chapter III and in the following sections, namely, sub-sections (2), (3), (4) and (5) of section 8, sections 9, 49, 50, 52, 54, 55, 56, 57, 58, 59, 60, 61, 119, 120, 123, sub-sections (7) and (8) of section 127, 222, 230, 231, 240, 248, 250, 251, 259, 260, 261, 262, 263, sub-sections (6) and (7) of section 308 and sub-section (2) of section 330, the word “offence” means a thing punishable under this Sanhita, or under any special law or local law; and 

(b) in sub-section (1) of section 189, sections 211, 212, 238, 239, 249, 253 and sub-section (1) of section 329, the word “offence” shall have the same meaning when the act punishable under the special law or local law is punishable under such law with imprisonment for a term of six months or more, whether with or without fine;

38. Which of the follwing statements is correct?

Injury is any harm whatever illegally caused to any person in his 

a. body or mind only.

b. body, mind, reputation or property.

c, body or reputation only.

d. body or property only.

39. Under Section 44 of IPC or Section 2(14), the term injury means any harm

a. illegally caused to a person in body and mind.

b. illegally caused to a person in body and property.

c. illegally caused to a person in body, mind, reputation or property.

d. illegally caused to a person in body, mind and reputation.

Section 2(14) - "Injury" means any harm whatever illegally caused to any person, in body, mind, reputation or property.

40. Under Section 45 of IPC or Section 2(17) of BNS, life denotes

a. life of a human being.

b. life of an animal

c. life of human being and of an animal both.

d. life of either human being or animal.

Section 2(17) "Life" - means the life of a human being, unless the contrary appears from the context;

41. Good faith within the meaning of the India Penal Code means:

a. an act done with due care and attention.

b. an actual belief that the act done is not contrary to law.

c. an act, in fact, done honestly.

d. an act done under bona fide belief.

42. The word "good faith" is deined in the IPC or BNS in

a. Section 44 or Section 2(14) - Injury.

b. Section 51 or Section 2(23) - Oath.

c. Section 52 or Section 2(11) - good faith.

d. Section 52A or Section 2(13) - harbour.

Section 2(11) - "Good faith" - Nothing is said to be done or believed in good faith which is done or believed without due care and attention;

43. According to Section 52 or Section 2(11) BNS, noting is said to be done or believed in good faith which is done or believed without......

a. due care or diligence.

b. due attention or bona fide.

c. due care and attention.

d. due diligence or bona fide.

e. None of the above..

44. According to Section 57 of IPC or Section 6 of BNS, what is the term of imprisonment for life?

a. 20 years.

b. 14 years

c. 16 years.

d. 12 years.

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

45. Where no sum is expressed to which a fine may extend, the amount of fine to which offender is liable to pay is

a. unlimited.

b. not exceeding Rs. 50,000 

c. not exceeding Rs, 10,00,000

d. unlimited but not excessive.

46. By which one, out of the following Acts, the words, "imprisonment for life" were substituted for the words "transportation for life" in the IPC.

a. Act XXV of 1955

b. Act XXIV of 1955

c. Act XXVI of 1955

d. Act XXVII of 1955

47. How many kinds of punishment are provided in Section 53 of IPC or Section 4 of BNS

a. Six (Accoding to BNS)

b. Four

c. Five.

d. Seven.

Section 4 of BNS - The punishments to which offenders are liable under the provisions of this Sanhita are— 

(a) Death; 

(b) Imprisonment for life; 

(c) Imprisonment, which is of two descriptions, namely:— 

    (1) Rigorous, that is, with hard labour; 

    (2) Simple; 

(d) Forfeiture of property; 

(e) Fine; 

(f) Community Service.

48. Which of the following is a kind of punishment under Section 53 of IPC or Section 4 of BNS

a. Whipping 

b. Fine.

c. Servitude.

d. Transportation

49. Identify the punishment which is not prescribed under the category of punishments in IPC or BNS
a. Death

b. Imprisonment for life.

c. Simple imprisonment with hard labour

d. Forfeiture of property.

50. Commutation of sentence of imprisonment for life is done under IPC in 

a. Section 52 of IPC or 2(11) - Good faith.

b. Section 53 of IPC or Section 4 of BNS - Punishment.

c. Section 54 of IPC or Section 5 and 5(a) of BNS - Commutation of sentence.

d. Section 55 of IPC or Section 5 (b) - Commutation of sentence of imprisonment for lilfe

Section 5(b): in cases where the sentence (whether of death or not) is for an offence against any law relating to a matter to which the executive power of the State extends, the Government of the State within which the offender is sentenced.