Bhartiya Nyay Sanhita - Part V

171. Consider the following statements:

To justify as a defence to a charge of crime:

1. Irresistable impulse per se is no defence to a charge of crime.

2. diminished responsibility is a defence to a charge of a crime.

Which of the statements given above is/are correct?

a. 1 only.

b. 2 only.

c. Both 1 and 2.

d. Neither 1 nor 2

172. Assertion (A): The court can allow right of private defence even if not pleaded by the accused.

Reason (R): Accused claims if as a matter of right.

Codes:

a. Both A and R are true and R is the correct explanation of A.

b. Both A and R are true but R is not a correct explanation of A.

c. A is true but R is false.

d. A is false but R is true.

173. In the absence of any evidence as to the mens rea, in which of the cases the criminal liability can be fixed upon a person?

a. Where the consequences are not so harmful to the society.

b. Where there is not violent presumption

c. The intended consequence is not injurious but conjointly injurious on other facts.

d. Where an act is not performed wantonly.

174. In a case of free fight between two parties-

a. Right of private defence is available to both the parties.

b. Right of private defence is available to individuals against individual.

c. No right of private defence is available to either party.

d. Right of private defence is availabe only to one party.

175. The right of private defence of body extends to causing death of the assailant if the offence which occasions the exercise of the right is of:

a. Wrongful restraint.

b. Assault with the intention of committing rape.

c. Hurt.

d. Assault.

176. Which of the following provisions is based on the maxim "De minimis non curat lex"?

a. Section 80

b. Section 84.

c. Section 95 or Section 33 of BNS

d. Section 87

177. Defence of necessity is not available to excuse killing of someone to protect the life of many. This principle which is followed in India was laid down earlier by the Queens Bench Division in the following case.

a. R v. Moore.

b. R v. Dudely and Stephens.

c. R v. Davis.

d. R v. Mc'pherson

178. Which of the follwoing is not an exception as per provisions contained in Chapter IV of IPC, 1860

a. Act of a child under age of 7 years

b. An act done pursuant to judgment or order of a court of justice.

c. An act by the security guard of a judge that otherwise constitutes an offence.

d. An act of a person of unsound mind

179. 'A is tried for the murder of B. He takes the plea of self-defence but the evidence adduced by him is not sufficient to put his case under this exception, although it is enough to create doubt whether the charge against him has been positively proved. In this case.

a. A is guilty of murder because he has not discharged his burden of proof.

b. A is guilty of culpable homicide not amounting to murder because his case falls under exceptions to Section 300, IPC or 101 of BNS.

c. A has committed no offence because self-defence is a recognized ground of exemption from criminal liablility.

d. A is entitled to acquittal as the prosecution has failed to prove his guilt beyond reasonable doubt.

179. Which of the following sections of IPC deals with volenti-non fit injuria?

a. 87 or 25 of BNS

b. 88 or 26 of BNS

c. 89. or 27 of BNS

d. All of the above

180. Which one of the following cases relates to right of private defence?

a. Jaidev v. State.

b. Ram Rattan v. State.

c. Guljar Singh v. State.

d. Rajesh Kumar v. Dharamveer

181. Which Section of IPC codifies, in the field of criminal law, the maxim: 'de minimis non curat lex':

a. Section 85 or 23 of BNS

b. Section 88 or 26 of BNS

c. Section 95 or 33 of BNS.

d. Section 96, IPC or 34 of BNS

182. In one of the famous cases, the Supreme Court has made the following observation: "The right of private defence is a right of defence and it is not a right of retribution".

a. State of UP v. Ram Swarup.

b. State of Punjab v. Nanak Chand.

c. Deo Narain v. State of UP.

d. State of H.P v. Wazir Chand

183. Acts done in moments of delusion are protected because:

a. By virtue of absence of free will.

b. Lack of intelligence to distinguish between good and evil.

c. Expediency grounds says so

d. Circumstances are such that they are incompatible to the existence of Mens rea.

184.Right of private defence is:

a. Right to self defence.

b. Right of self revenge.

c. Right of self-preservation.

d. none of these.

185. The right of private defence is available to which of the following 

a. Harm to body.

b. Harm to movable property

c. Harm to immovable property.

d. All of the above

186. Which one of the following set of Sections of IPC provides for the right of private defence?

a. Section 107 to 120.

b. Section 121 to 133.

c. Section 76 to 105.

d. Section 96 to 106 or 34 to 44 of BNS

187. A, an officer of a court of justice, being ordered by that court to arrest Y, and, after the enquiry, believing Z to be Y, arrests Z, A is guilty of 

a. Wrongful confinement

b. Criminal negligence.

c. Wrongful restraint.

d. No offence

CHAPTER V

OF ABETMENT

(Sections 107 - 120 or 45 to 60 of BNS)

188. Case of Emperor v. Faiyaz Hussain is related to

a. Aid by all.

b. Aid by illegal mission

c. Instigation

d. Abetment by conspiracy

189. Consider the following statements:

Abetment is constituted by

1. Instigating a person to commit an offence.

2. Engaging in a conspiracy to commit it.

3. Intentionally aiding a person to commit it.

Which of the statements given above are correct?

a. 1, 2 and 3

b. 1 and 2 only

c. 2 and 3 only.

d.1 and 3 only

190. Abetment under Section 107 of IPC be constituted by:-

a. Instigation.

b. Conspiracy

c. Intentional aid.

d. All of above

191. Which one of these is not a mode of abetment under the IPC or BNS?

a. Attempt

b. Aiding

c. Instigation

d. Conspiracy