Bhartiya Nyaya Sanhita - Part 3rd

101. Nothing is an offence which is done by a person who is 

a. 100 years old man

b. 6 years old boy.

c. 12 years old girl.

d. 18 years old girl.

102. Nothing is an offence which is done by a child under ___ years of age,

a. 7

b. 6

c. 11

d. 12

Sec 20 of BNS: Nothing is an offence which is done by a child under seven years of age.

103. Which of the following is presumed under law to be 'doli incapax' to commit a crime?

a. A child of under 7 years of age.

b. A child of under 10 years of age.

c. A child above 7 years and under 12 years of age.

d. A child between 10 years and 14 years of age.

104. Section 82 of the IPC or Section 20 of BNS provides that nothing is an offence which is done by a child under :

a . five years of age.

b. eleven years of age.

c. Seven years of age

d. Nine years of age

105. What is the age of the child to get immunity from criminal liability?

a. Less than 10 years 

b. Less than 7 years.

c. Less than 8 years

d. Less than 14 years.

106. Under the IPC a child below the age of seven years is 

a. Absolutely Doli incapax

b. Absolutely Doli capax.

c. Doli capax or Doli Incapax depends on the circumstances of a case.

d. None of the above.

107. Nothing is an offence which is done by a child who has not attained sufficient maturity of understanding to judge the nature and consequence of his conduct on that occasion.

a. below 7 years.

b. between 7 and 12 years.

c. below 14 years.

d. None of the above.

108. In the IPC or BNS, nothing is an offence when it is done by a child below.

a. 12 years of age.

b. Above seven but below 12 years of age.

c. Below 14 years of age.

d. None of the above.

109. Which one of the following statements is correct?

Defence of insanity under Section 84 of IPC or Section 22 of BNS relates to 

a. Unsoundness of mind of any kind.

b. Medical insanity.

c. Legal insanity.

d. Congenital insanity.

Section 22 of BNS: Nothing is an offence which is done by a person who, at the time of doing it, by reason of unsoundness of mind, is incapable of knowing the nature of the act, or that he is doing what is either wrong or contrary to law.

110. Under which Section of the IPC or BNS the act of a person of unsound mind is not an offence?

a. Section 82 of IPC or Section 20 of BNS

b. Section 84 of IPC or Section 22 of BNS.

c. Section 83 of IPC or Section 21 of BNS.

d. Section 85 of IPC or Section 23 of BNS.

111. Which one of the following defences is related to McNaghten's Case (1843)?

a. Infancy.

b. Insanity

c. Intoxication

d. Consent

R v. McNaghten (1843) Case Brief

Court: House of Lords (on appeal from the Old Bailey, England)  

Citation: (1843) 10 Cl & Fin 200, 8 ER 718  

Key Legal Issue

Whether the defendant could claim insanity as a defense to criminal liability.  

Facts  

- Defendant Daniel McNaghten suffered from paranoid delusions  

- He shot and killed Edward Drummond, mistaking him for Prime Minister Robert Peel  

- Defense argued he lacked capacity to understand his actions  

Trial Outcome

- Old Bailey jury found him not guilty by reason of insanity  

- Confined to mental institutions until his death  

Legal Principle Established (McNaghten Rules)  

To establish insanity defense, must prove:  

1. Defect of reason from mental disease  

2. Either:  

   - Didn't understand nature/quality of act, OR  

   - Didn't know act was wrong  

Significance  

- Foundation for modern insanity defense  

- Adopted in common law jurisdictions  

- Criticized for narrow focus on cognitive understanding  

Impact

Remains influential in criminal law regarding mental incapacity defenses.  

112: Defence of Insanity is developed on which of the following?

a. Automatism

b. McNaughten's Rules

c. Irresistible impulse.

d. Equivocality test

113. Consider the following statements:

The accused at the time of committing the act because of intoxication, which was administered to him without his knowledge or against his will, is incapable of knowing 

1. The nature of the act.

2. That the act is wrong or contrary to law.

3. That the act is immoral or wrong.

4. That the act is of the nature which may be ignored

To claim the benefit of Section 85 of IPC or Section 23 of BNS, which of the above need to be proved?

a. 1 and 4.

b. 1 and 3

c. 1 and 2

d. 2 and 4

114. For a defence of intoxication, to escape criminal liability, the intoxication

a. can be self-administered

b. administered against his will or knowledge.

c. should not be self-administered

d. None of the above.

115. Which Section of the IPC or BNS with the defence of involutary intoxication?

a. Section 84 or Section 22 of BNS

b. Section 85 or Section 23 of BNS

c. Section 86 or Section 24 of BNS.

d. Section 87 or Section 25 of BNS

116. A village Vaidya used to successfully operate wounds with shaving blade. Victim who was suffering from piles was operated with shaving blade by the Vaidya. due to profound bleeding, the victim died and the Vaidya was prosecuted for causing death of the victim. If uou are a defence lawyer under which of the follwoing sections of the Indian Penal Code or BNS you can defend the Vaidya.

a. Section 87 or 25 of BNS

b. Section 88 or 26 of BNS

c. Section 92 or 30 of BNS 

d. None of the above

117. 'A' for the sake of 'B', his insane sone gives consent for an open heart surgery (which the surgeon informs is essential to says 'B's life), knowing that the operation will likely cause the death of 'B' but not intending so. 'A' falls within the general exception provided in:

a. Section 86 or Section 24 of BNS

b. Section 87 or Section 25 of BNS

c. Section 88 or Section 26 of BNS

d. Section 89 or Section 27 of BNS

118.which one of the following statements is correct?

Under Section 90 of the IPC or Section 28 of BNS consent is said to be a free consent when

a. given by a child above 12 years of age.

b. given by a person under fear of injury.

c. given by a person of unsound mind

d. given under misconception of fact

119. Which Section of the IPC or BNS deals with those conditions, when consent is said to be, not free consent?

a. Section 87 or  Section 25 of BNS

b. Section 90 or Section 28 of BNS.

c. Section 92 or Section 30 of BNS

d. Section 89 or Section 27 of BNS

120. In which Section of Indian Penla Code the words 'Good faith' has not been defined?

a. Section 90 or Section 28 of BNS

b. Section 89 or Section 27 of BNS

c. Section 92 or Section 30 of BNS

d. Section 93 or Section 31 of BNS

121. A is in the house which is one fire, with Z, a child. People, below hold out a blanket. A drops the child in good faith intending the child's benefit. But the child is killed by the fall. A has committed 

a. Murder 

b. Culpable homicide not amounting to murder.

c. Culpable homicide as an exception to Section 300 of IPC.

d. No offence

122. A is carried off by a tiger. Z fires at the tiger in good faith intending to rescue A, knowing it to be likely that the shot may kill A. The shot fired by Z gives A a mortal wound. Z has committed

a. No offence

b. Culpable homicide not amounting to murder.

c. Offence of causing death by negligence. 

d. Murder

123. Justice Melville J's decision in R v. Govinda is a leading authority on law relating to:

a. objective liability for murder.

b. murder under grave and sudden provocation.

c. murder in the course of sudden fight.

d. distinction between culpable homicide and murder.

124. A, a surgeon, in good faith communicates to a patient, his opinion that he (Patient) cannot live. The patient dies in consequence of the shock. A is guilty of:

a. Murder.

b. Causing death by negligence.

c. Culpable homicide not amounting to murder.

d. no offence.

125. Read the following:

1. The maxim "Actus me invito factus non est mens actus" find application in Section 94 of IPC or Section 32 of BNS

2. The maxim "deminimis non curat lex" has been incorporated in Section 95 of the IPC

Of the above

a. 1 is true but 2 is false.

b. 1 is false but 2 is true.

c. Both are true.

d. Both are false.

126. When a person is made to commit a crime after being put under fear of death, there is: 

a. No mens rea

b. Mens rea

c. No offence.

d. Neither mens rea nor offence.

127. De minimus non curat lex means

a. Nothing is an offence done by a child under 7 years of age.

b. Trifling acts do not consitute an offence.

c. Every person is liable for his own acts.

d. Necessity knows no law

128. The maxim De minimus non curat lex" is related to which of the following Section of IPC or BNS

a. Section 95 or Section 33 of BNS

b. Section 89 or Section 27 of BNS

c. Section 94 or Section 32 of BNS

d. Section 93 or Section 31 of BNS

129. The punishment prescribed under the IPC for the acts which cause slight harm is:

a. 15 days

b. 30 days

c. No punishment

d. None of these

Section 33 of BNS: Nothing is an offence by reason that it causes, or that it is intended to cause, or that it is known to be likely to cause, any harm, if that harm is so slight that no person of ordinary sense and temper would complain of such harm

130. Right of private defence is provided under following provision of India penal Code:

a. Section 96 of IPC or Section 34 of BNS

b. Section 95 of IPC or Section 33 of BNS

c. Section 99 of IPC or Section 37 of BNS

d. Section 92 of IPC or Section 30 of BNS

131. The right to private defence against an act done by a public servant is not available:

a. When it is discharged in good faith

b. When it is attempted to be done by him.

c. When it was done while he was not in his office.

d. When it is strictly to be justifiable by law.

132. Right of private defence extends to

a. defence of body only.

b. defence of property 

c. defence of both body and property.

d. cannot say

133. Section 97 of IPC or Section 35 of BNS expressly states that the right of private defence is subject to the restrictions contained in

a. Section 99 or Section 36 of BNS

b. Section 100 or Section 38 of BNS

c. Section 98 or Section 36 of BNS

d. Section 102 or Section 40 of BNS

134. Every person has a right to defend...........against any offence:

a. his own body only.

b. his own body and the body of his relatives only

c. his own body and the body of any other person.

d. he has no right to defend against any offence affecting the human body.

135. Under Section 98 of IPC or Section 36 of BNS a person can claim right of Private defence against

a. A child below 7 years of age.

b. A person of unsound mind

c. One who is acting under a mistake of fact 

d. All of the above.

136. Z under the influence of madness, attempts to kill A. A hits Z with an iron-rod seriously injuring him. In this context which one of the following propositions in correct?

a. A has no right of private defence since Z is mad.

b. A has right of private defence through Z is mad.

c. A is guilty of inflicting grievous hurt no Z.

d. A is guilty of inflicting simple hurt on Z.

137. The right of private defence is

a. available under all circumstances.

b. available when there is time to have the recourse to the protectionof public authorities.

c. available when there is no time to have recourse of public authorites

d. all of the above

138. A, armed with a sword, is at a great distance from B. A threatened to kill B. B shot at A, and killed him.

a. B could plead private defence, as he has a reasonalbe apprehension of being attacked by A's sword.

b. B could not plead private defence, as it cannot be said that he has a present and reasonable prrehension of being attacked by A.

c. B could not plead private defence, as such a right is available only when one is being attacked by another.

d. None of the above.

139. Acts against which the right of private defence is not available have ben laid down in Seciton ...... of the IPC

a. 101 or 39 of BNS

b. 100 or 38 of BNS

c. 99 or 37 of BNS.

d. 98 or 36 of BNS

140. The right granted under Section 100 of the IPC or Section 38 of BNS to the extent of causing death can be exercised against an assault which reasonably causes an apprehension that death will otherwise be the consequences of the assault. The above rule has been explained by the SC in which of the famous cases:

a. Sunil Batra v. Delhi Administration

b. Brij Kishore v. State of UP

c. Amjad khan v. State.

d. Ramaswamy v. State of Madras

141. Under Section 100 of IPC or Section 38 of BNS, the right to private defence of body extending to causing death is not available against an assault

a. Causing apprehesion of griveous hurt.

b. With an intention of gratifying unnatural lust.

c. With an intention of kidnapping or abducting

d. With an intention of roberry.

142. Z', under the influence of madness, attempts to kill A, A has right of private defence up to the extent of causing:

a. death

b. Grievous hurt

c. hurt.

d. assault.

143. In which one among the following cases, the right of private defence to the extent of causing death is available?

a. A was making an attempt to kill B when one of B's friend killed A to save B.

b. A was scolding B in most vulgar and filthy language on a public road B in consequence kill A.

c. A was stealing brinjals from the orchard of B. when B tried to apprehend, A tried to run away. b chased him a little and shot him dead.

d. A was taking B's cow to cattle pound for eating A's crop. B on seeing this kills A.

144. In which one of the following cases the right of private defence of body does not extend to causing of death?

a. Assault with the intention of committing kidnapping.

b. Assault with the intention of gratifying unnatural lust.

c. Wrongful restraint.

d. Assault with the intention of committing abduction.

145. Under which of the following sections of IPC, the right of private defence extends to causing death?

a. Section 102 and 105

b. Section 100 and 104.

c. Section 100 and 103.

d. Section 102 and 106

146. In which one of the following cases the right of private defence to the extent of causing death is available?

a. A was making an attempt to kill B when one of B's friends killed A.

b. A was scolding B in most vulgar and filthy language on a public road in consequence of which B killed A.

c. A was stealing brinjals from the orchard of B. When B approached him he tried to run away. B chased and shot A dead.

d. B killed A when A was beating B's cow.

147. The accused found the deceased engaged in sexual intercourse with his 15 year old daughter. The accused assaulted the deceased on the head with a spade which resulted in death. Accused claimed private defence. The prosecution led evidence to show the sexual intercourse was with consent. Here accused

a. is entitled to the right to private defence since the girl was a minor being only 15 years of age.

b. exceeded the right to private defence.

c. is not entitled to the right to private defence since the sexual intercourse was with consent.

d. none of these.

148. The Right of Private Defence of body extends to causing deaths if there is

a. apprehension of death

b. apprehesion of grievious hurt

c. intention of committing rape.

d. All of the above

149. The extent to which the right of private defence of body causing of body causing death can be exercised is laid down under Section ....... of IPC or BNS

a. 90 or 28 of BNS

b. 95 or 33 of BNS

c. 100 or 38 of BNS

d. 101 or 39 of BNS

150. In which one of the following cases the right of private defence does NOT entend to causing of death of the aggressor?

a. In an assault with intention of kidnapping.

b. In an assault with intention of abduction .

c. In an assault with intention of outraging the modesty of a woman.

d. In an assault with intention of gratifying unnatural lust.

 

Post a Comment

0 Comments