BNS MCQs Paper-2

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

a. He has committed an 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

5. In which of the following cases, necessity, under section 19 of Bharatiya Nyaya Sanhita, 2023 cannot be pleaded as a defence?

a. Self-defense 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 than the accused

6. The case of R v. Dudley and Stephens is known for its use as criminal defense of:

a. Necessity

b. Self defense

c. Good faith

d. Mistake of fact

7. There is a fire in a particular locality. 'A', who sees this fire, pulls down houses of others, in order to prevent the conflagration from spreading and with the purpose of saving human life and property. In this case:

a. 'A' will be guilty of the offence of mischief as he pulls down houses of Others

b. 'A' will not be criminally liable as he wanted to bring benefit to others

c. 'A' will not be liable for any offence as he has done it for preventing other more dangerous harms to persons and their properties

d. ‘A’ will be guilty as he intentionally - caused damage to the property of

8. An act which would otherwise be ' crime may in some cases be excused if the person accused of it shows that all except

a. It was done only in order to avoid consequences

b. Nothing was done than was reasonably necessary

c. The evil inflicted was not disproportionate to the evil avoided

d. None of the above

9. "Necessity" as a defense cannot be claimed when the act has been done

a. With good faith

b. Without criminal intent

c. With inherent risk of causing harm

d. For avoiding other greater harm

10. Which of the following cases is related to 'defense of necessity'?

a. R.V. Dudley and Stephen

b. Bishambar v. Roomal

c. Browning v. State

d. All of the above

11. The expression 'harm' is used in Section 19 of Bhartiya Nyaya Sanhita, 2023 in the sense of

a. Hurt

b. Injury or damage

c. Physical injury

d. Moral wrong or evil

12. 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

13. A child offender below the age of seven years cannot even be subjected to juvenile justice proceedings, because

a. Child criminals are treated differently

b. The Juvenile Justice Act treats a child below 7 years as innocent

c. Juvenile Justice proceedings are applicable to children below the age of 18 years

d. A child below 7 years is exempt from criminal liability under section 20 of the BNS

14. 'Doli incapax' in criminal law describes the liability of—

a. An insane person

b. A child below seven years of age

c. A child below twelve years of age

d. A person under the influence of drugs / intoxicants

15. Which of the following statements is incorrect?

a. An act done by a child below five years of age is not an offence

b. An act done by a child of eight years of age is not an offence

c. An act done by a child of nine years of age, who has not attained sufficient maturity of understanding to judge the nature and consequences of his conduct on that occasion, is not an offence

d. An act done by a child of twelve years of age is not an offence if at the time of doing the act, he is incapable of knowing the nature of the act on account of intoxication caused against his will.

16. Section 20, BNS is an illustration for

a. Presumption of fact

b. Presumption of law

c. Presumption of fact and presumption of law

d. None of the above

17. B with the intent of temporarily use W's money and later on return it, instructs C, his six years old son, to take away W's purse containing Rs. 20,000 without W's consent. C carried out the instructions. The criminal liability in this case is:

a. C is guilty of theft and B of abetment to commit theft

b. B does not commit any offence but C commits theft

c. Both B and C are not guilty of any offence

d. B is guilty of abetment of theft and C is not guilty of any offence

18. 'A' a child of exact seven years of age commits an offence. 'A' will:

a. Not be guilty under section 20 of Bhartiya Nyaya Sanhita, 2023

b. Be guilty if he is of sufficient maturity

c. Not be covered by section 20 and 21 of Bhartiya Nyaya Sanhita, 2023

d. Be guilty under section 21 of Bhartiya Nyaya Sanhita, 2023

19. The acts of child constituting general exceptions under BNS are mentioned in:—

a. Sections 19-20

b. Sections 20-21

c. Sections 21-22

d. Sections 22-23

20. An act is not an offence if it is committed by a person, who is a

a. 6 years old boy

b. 8 year old girl

c. 21 year old boy

d. 21 year old girl

21. In which of the following case the person is not guilty of any offence?

a. An adult man kills another person with a knife.

b. an adult woman kills her newly born child.

c. A man of 75 years of age commits rape on woman.

d. A child under the age of 7 years shoots his father with a revolver and the father dies.

22. Nothing is an offence if it done by a person who is a:

a. Boy of 6 years having sufficient maturity to understand the nature and consequence of his conduct

b. Girl below 12 years having sufficient maturity to understand the nature and consequence of her conduct

c. A man aged 100 years

d. All of the above

23. Which of the following act will not fall in general exceptions provided under Chapter III of Bhartiya Nyaya Sanhita, 2023?

a. Act likely to cause harm but done without criminal intent and prevent other harm

b. Accident in doing a lawful act

c. Act of the child aged 14 years

d. Act done by a person justified, or by mistake of fact believing himself justified by law

24. Examine the two statements and give the correct answer:

Assertion (A): A boy of six and half year old intentionally kills B. A is not liable for murder.

Reason (R): A child under the age of seven years is immune from criminal liability

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 the correct explanation of (A)

c. (A) is true but (R) is false

d. (A) is false but (R) is true

25. Nothing is an offence which is done by a child if he is at the time of commission of the offence

a. Under seven years of age

b. Between seven and twelve years of age

c. Between twelve and eighteen years of age

d. All of the above

26. 'Infancy' as an exception has been provided under Section __________ BNS

a. 18

b. 19

c. 20

d. 21

27. Section 20 of Bharatiya Nyaya Sanhita, 2023

provides that nothing is an offence which is done by a child under the age of:

a. Seven years

b. Ten years

c. Fourteen years

d. None of the above

28. Under the BNS 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

29. Assertion (A): A, a boy of the age of six and a half years intentionally murders B. A is not liable to be convicted.

Reason (R): A child up to the -age of 7 years is immune form criminal liability.

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

30. The leading case on Section 21 of BNS is:

a. Bishamber v. Roomal

b. Deo Narain v. State

c. Ulla v. King

d. Dayabhqi Chhaganbhai Thakkar v. Gujarat

31. Who among the following is liable for committing an offence?

a. Child between 7 & 10 years of age.

b. Child below 10 years of age.

c. Child between 7 & 12 years of age having maturity of understanding

d. Child below eight years of age

32. Assertion (A): 'A' a boy aged nine years intentionally kills 'B'. 'A' is liable to be convicted.

Reason (R): A child up to the age of 12 years is immune from criminal liability.

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 the correct explanation of (A)

c. (A) is true but (R) is false

d. (A) is false but (R) is true

33. Section 21 of BNS enunciates:

a. A presumption of fact

b. An inconclusive or rebuttable presumption of law

c. Conclusive or irrebuttable presumption of law

d. Irrebuttable presumption of fact

34. In the 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

35. Principle: Nothing is an offence committed by a child above the age of 7 years and below the age of 12 years, provided that the child is not mature enough to understand the nature and consequence of his conduct.

Factual Situation: X, a boy of 11 years of age found a gold ornament at the vicinity of a temple. The ornament was accidentally dropped by the Pundit while putting it on the idol. X took it and gave it to Y, his 7-year-old sister to keep it and instructed her not to tell any one about it. On a complaint by the Temple authorities the gold ornament was recovered from the school bag of Y.

a. X and Y are guilty of theft.

b. X is guilty of theft and Y is innocent.

c. X and Y are both innocent.

d. X is innocent and Y is guilty of theft.

36. Principle: Nothing is an offence if 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 what he is doing is wrong or contrary to law.

Factual Situation: A, an author of macabre stories, was undergoing treatment for somnambulism. One night, he was given a high dose of sedative as he had become violent. There was a 'Do not disturb' board outside his room. Early morning, while A was still asleep, a nurse went to his room to check his condition. She started to note his pulse and thereafter to measure his BP. While she was fixing the equipment to measure the BP, A, saw the nurse, but in a delirium he thought the nurse to be a vampire going to drink his blood. Suddenly in order to exorcise the ghost, A grabbed the BP apparatus and hit the 'ghost' on the head several times. The nurse collapsed and died subsequently.

a. A is not liable for the murder of the nurse as her action disturbed A's sleep.

b. A is liable for the murder of the nurse as no one is expected to practice exorcism in the modem times.

c. A is liable for causing grievous hurt of the nurse as she did not die immediately.

d. A is not liable for the murder of the nurse as he did not know what he was doing.

37. 'Legal insanity' under the Indian law means:

a. Impairment of will faculty

b. Impairment of emotional faculty

c. Impairment of cognitive faculty

d. None of the above

38. PRINCIPLE: Nothing is an offence which is done at the time when the accused is unsound and he is not aware of consequences of his act or that his act is wrong or contrary to law.

FACT: Surendra received divine orders in his sleep at night to sacrifice his one- year-old child and then he will go to heaven after dying. He carries out the order and kills his son. He is

a. Guilty of murder

b. Not guilty of any offence since it was tine order of God

c. Can plead unsoundness of mind as a defense and he should not be charged for murder.

d. Cannot be held liable for murdering his own child.

39. Which of the following types of insanity is recognized as a defense under the BNS?

a. Impulsive insanity

b. Legal insanity

c. Medical insanity

d. All of the above

40. Z, a person of unsound -mind, attempts to kill A. Which one among the following statements, as per the provisions of BNS 2023, is correct?

a. Z is not guilty of any offence and A has no right of private defense against Z

b. A has no right of private defense against Z

c. Z is guilty of attempt to murder

d. Z is not guilty of any offence but A has a right of private defense against Z

41. Insanity produced by drunkenness is a

a. Good defense to the crime charged

b. Weak defense to a crime charged

c. Way to reduce the gravity of crime charged

d. Way to increase the gravity of crime charged

42. Under which Section of Bhartiya Nyaya Sanhita, 2023 the act of a person of unsound mind is not an offence?

a. Section 20

b. Section 22

c. Section 21

d. Section 23

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

a. Infancy

b. Insanity

c. Intoxication

d. Consent

44. Z, under the influence of madness attempts to kill A. In this case which of the following is correct?

a. Z is guilty of attempt to murder, but A has right of private defense.

b. Z is guilty of no offence, but A has the right of private defense.

c. Z is guilty of no offence, but A has no right of private defense.

d. None of the above is correct.

45. Insanity is:

a. Lack of free Will

b. Incapacity produced due to drunkenness

c. Incapable of knowing the nature of act committed

d. Diseased mind

46. Assertion (A): 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.

Reason (R): Mistake of fact is a good defense and Mistake of Law is no defense.

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

b. Both (A) and (R) are correct, but (R) is not correct explanation of (A)

c. (A) is true, but (R) is false

d. (A) is false, but (R) is true

47. "Expression 'unsoundness of mind has not been defined in BNS and has mainly been treated as a equivalent to insanity. An accused who seek exoneration from liability of any act under Section 22 of BNS is to prove legal insanity and not medical insanity." It was held by the Supreme Court in following case:

a. Abrar v. State of U.P.

b. Surendra Misra v. State of Jharkhand

c. CM. Sharma v. State of A.P.

d. Gita v. State of U.P.

48. Which one of the following is the correct statement?

The defense of insanity under Section 22 of BNS requires that unsoundness of mind should be there at the time of:

a. Judgment

b. Trial

c. Investigation

d. Commission of the offence

49. Which one of the following cases is related to the defense of insanity?

a. McNaughten Case

b. DPP v. Beard

c. R. v. Dudley and Stephen

d. K.M. Nanavati v. State of Bombay

50. According to McNaughten's Rule, legal insanity is quite different from medical insanity. It relates to the:

a. Loss of cognitive faculties

b. Total loss of cognitive faculties

c. Congenital insanity

d. None of the above

51. Which one of the following cases is not correctly matched?

a. McNaughten's case Section 22 of BNS

b. D.P.P. v. Beard Section 22 of BNS

c. Basudeo v. State Section 24 of BNS

d. Bhawooiwaji v. Mooljee Dayal Section 17 of BNS

52. Section 22 of Bhartiya Nyaya Sanhita, 2023 is based on the:

a. Proximity Rule

b. Rule of Common Intention

c. McNaughten Rule

d. Doctrine of Transferred Malice

53. Person who may be said to be of unsound minds

a. An idiot

b. A mad man

c. One who is drunk

d. All of the above

54. Insanity as a defense means that a person at the time of doing an act, by reason of unsoundness of mind is incapable of knowing:

a. The nature of the act

b. That what he is doing is wrong

c. That what he is doing is contrary to law

d. Either (a) or (b) or (c)

55. "A" under the influence of unsoundness attempt to kill "B". "B" in attempting to defend himself caused grievous hurt to "A". Here

a. "A" is liable for attempt to murder and "B" is liable for causing hurt

b. "A" commits no offence and "B" is liable for grievous hint

c. "B" commits no offence and "A" is liable for attempt to murder

d. Both "A" and "B" are excused from liability

56. Principle: Nothing is an offence which is done by a person who, at the time of doing it, is, by reason of intoxication, incapable of knowing the nature of the act, or that he is doing what is either wrong, or contrary to law, provided that the thing which intoxicated him was administered to him without his knowledge or against his will.

Factual Situation: Ram, Shyam and Vipin were friends. Vipin was in love with Anita and wanted to marry her. One day she told him that her marriage was fixed with a rich NRI and that he should not disturb her again in future. Vipin, who became depressed, told this to his friends. Ram suggested that they should go to a nearby Bar and drink some Beer so that Vipin could relax. As Vipin was not habituated to drinks, initially he declined but later at the bar Ram told Vipin to take a little Whisky, which he did hesitatingly. After a while Vipin became totally intoxicated and started to say that Anita ditched him. Shyam, who was also drunk then said, "If you are so worried, go and kill her". A little while later all three friends parted company. Vipin went straight to Anita's hostel, called her out and shot her.

a. Vipin is not liable for murdering Anita as he did not realize the seriousness of the act as he was drunk.

b. Vipin is not liable for the murder as he was forced to drink Whisky when the initial suggestion was to take Beer.

c. Vipin and his friends are jointly liable for murdering Anita as the suggestion to 'kill her' developed in the group.

d. Vipin is liable for murdering Anita as he was under the influence of a drink, which he took voluntarily.

57. Which of the following is not correct?

a. A person made non compos mentis by illness is exempted from criminal liability, if the act was committed under the influence of his mental disorder

b. The intoxication, in order to be available as defense must be of that degree and extent as renders the accused practically an automation

c. Voluntary drunkenness is an excuse for knowledge

d. Except murder and offences punishable with death, compulsion is an excusable defense, if the act is done under the fear of instant death.

58. Intoxication is an excusable defense to criminal liability if it is

a. Administered against the will of the offender

b. Administered without the knowledge of the offender

c. Both (a) and (b) above

d. None of the above

59. Which one of the following is not correct in case of defense of intoxication?

a. Defense of intoxication is available both in case of involuntary and voluntary intoxication.

b. Intoxication is a defense when the intoxicated person is incapable of knowing the nature of the act at the time of doing it.

c. Intoxication is a defense when the intoxicated person is incapable of knowing what he was doing was either wrong or contrary to law.

d. Particular intention and not knowledge is attributed to the accused who has acted under involuntary intoxication.

60. For a defense 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

61. Which Section of the BNS with the defense of involuntary intoxication?

a. Section 22

b. Section 23

c. Section 24

d. Section 25

62. Which section of Bhartiya Nyaya Sanhita, 2023 deals with voluntary intoxication?

a. Section 22

b. Section 23

c. Section 24

d. Section 25

63. Which one of the following cases does not relate to intoxication?

a. D.P.P. v. Beard

b. Basudeo v. State of Pepsu

c. R. v. McNaughten

d. R. v. Tandy

64. 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 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

65. A person who commits an offence in a state of voluntary intoxication shall be liable to be dealt with as if he had:

a. The same intention as he would have had if he had not been intoxicated

b. The same knowledge as he would have had if he had not been intoxicated

c. The same intention and knowledge as he would have had if he had not been intoxicated

d. Not the same intention and knowledge as he would have had if he had not been intoxicated

66. The maxim 'volenti non fit injuria' has been incorporated in which section of Bhartiya Nyaya Sanhita, 2023?

a. Section 25

b. Section 28

c. Section 30

d. None of the above

67. A and Z agree to fence with each other for amusement. This agreement implies the consent of each to suffer any harm which, in the course of such fencing, may be caused without foul play. A while playing fairly, hurts Z and as a result Z dies. A is liable:

a. For causing hurt to Z

b. For murder to Z by negligence

c. For no offence

d. For culpable homicide not amounting to murder

68. A, a snake-charmer, persuaded B to allow himself to be bitten by a poisonous snake, including B to believe that he had power to protect B from harm. B consented, and as a result died:

a. A is not liable, as consented to suffer the harm

b. A is liable, although B consented, such consent was founded on a misconception fact, i.e., in the belief that A had the power to cure snake¬bites

c. A is liable for murder and not culpable homicide

d. None of the above is correct

69. Direction: For Assertion and Reason Type Question: Question consist of two statements one labelled the Assertion 'A' and the other labelled the Reason 'R'. You are to examine these two statements carefully and decide if the Assertion 'A' and the Reason 'R' are individually true it so whether the Reason is a correct explanation of the Assertion.

Select your answer to these items using the codes given below and mark your answer sheet accordingly.

Assertion (A): A person compelled by threats, from another, which reasonably cause apprehension of his instant death, commits murder of the third person, can plead the defense of compulsion.

Reason (R): Consent of the deceased (above 12 years) is a defense to the charge of murder if the act causing death is done in good faith for the benefit of the deceased without intention to kill.

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

70. An act not intended to cause death, done by consent in good faith for person's benefit is a general defense under:

a. Section 26 of BNS

b. Section 34 of BNS

c. Section 14 of BNS

d. None of the above.

71. ‘X', a surgeon, amputates the right hand index finger of 'Y, a 14 Year old Beggar, with 'Y's consent, and in good faith that this would enable 'Y' to get more alms:

a. 'X' commits no offence as the act was done with consent of 'Y'

b. 'X' commits an offence as the consent of a child of 14 years is of no avail

c. 'X' commits no offence as the act was done in good faith for the benefit and with the consent of 'Y'.

d. 'X' is not exempted from criminal liability as the act done was not in good faith within the meaning of Bhartiya Nyaya Sanhita, 2023.

72. A person who is not qualified as a medical practitioner, performed an operation with the consent of a patient. The patient died. Which one of the following grounds will be most it appropriate to determine his liability?

a. Volenti non fit injuria is a complete defense

b. He has no intention to kill and has performed the operation in good faith for the benefit of the person

c. He has earlier done similar operations with a success

d. As he is not a medical practitioner and is unskilled the plea of consent „ and good faith will not be available

73. 'A' surgeon knowing fully well that except a miracle, nothing can save X, who is ailing from a disease. In good faith, if the surgeon operated on X, but as a consequence of that operation X died, then which one of the following would be correct?

a. A is held guilty of murder for knowing well that X will not survive

b. A is guilty of murder because the death is the direct consequence of the operation

c. A is not guilty because he has acted in good faith although knowing fully well that X will die

d. The matter being subjective, no specific decision can be given

74. 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 you are a defense lawyer under which of the following sections of Bhartiya Nyaya Sanhita, 2023 you can defend the Vaidya.

a. Section 25

b. Section 26

c. Section 30

d. None of the above

75. A, a school teacher for the purposes of enforcing discipline inflicts moderate punishment upon a student aged about 11 years. In this case

a. A is entitled to claim defense under Section 27 of BNS

b. A is guilty of causing simple hurt.

c. A is guilty of using criminal force.

d. A is entitled to claim defense under Section 26 of BNS

76. Which one of the following pairs is not correctly matched?

a. Keso Shau v. Saligram — Section 17 BNS

b. Sita Ram v. State of Rajasthan — Section 18 BNS

c. Southwark London Borough Council v. Williams — Section 19 BNS

d. Bablu v. State of Rajasthan — Section 27 BNS

77. Which one of the following statements is correct?

Under Section 28 of Bhartiya Nyaya Sanhita, 2023 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

78. Which Section of Bharatiya Nyaya Sanhita, 2023 deals with those conditions, when consent is said to be, not free consent?

a. Section 25

b. Section 28

c. Section 30

d. Section 27

79. In which Section of Bharatiya Nyaya Sanhita, 2023 the words 'Good faith' has not been used?

a. Section 28

b. Section 27

c. Section 30

d. Section 31

80. Under Bhartiya Nyaya Sanhita, 2023 the defense of 'Consent' is not available in cases of

a. Consent to cause death

b. Consent to cause grievous hurt

c. Both (a) and (b)

d. None of the above

81. ‘A’ met with an accident and became unconscious. He was taken to the hospital by the police and there was none to identify him. The surgeon performed an operation on him to save him but 'A' died. The police prosecuted the surgeon for murder on a complaint by A's relative. Since it was an act done in:

a. good faith no offence was committed

b. good faith done for the benefit of the deceased, on offence was committed

c. good faith and for the benefit of 'A', and it was impossible to get consent in time, the surgeon is not liable

d. Saving the life and under professional ethics, he is not liable

82. Consider the following statements and identify the answer using the code given below:

Statement I: X in the house with a child which is on fire. Knowing that. the fall may kill the child, but not intending to kill him and in good faith in the child's benefit, X drops the child from the house¬top to a blanket which was held out by some people below. Unfortunately, the child died as a result of the fall. X has committed no offence.

Statement II: Nothing, is an offence which is done in good faith for the benefit of a person without his consent or consent of lawful guardian, if minor or person of unsound mind.

Code:

a. Both the Statement are individually true and Statement II is the correct explanation of Statement I

b. Both the Statement are individually true but Statement II is not the correct explanation of Statement I

c. Statement I is true but Statement II is false

d. Statement I is false but Statement II is true

83. A, is in a house which is on fire, with Z, a child. People below hold out a blanket. A drops the child from the house-top, knowing it to be likely that the fall may kill the child but not intending to kill the child, and intending, in good faith, the child's benefit, and the child dies:

Which of the following offence has been committed by A?

a. Section 106 of Bhartiya Nyaya Sanhita 2023

b. Section 105 of Bhartiya Nyaya Sanhita 2023

c. Section 103 of Bhartiya Nyaya Sanhita 2023

d. A has committed no offence

84. A, a surgeon, sees a child suffer an accident, which is likely to prove fatal unless an operation be immediately performed. There is no time to apply to the child's guardian. A performs the operation in spite of the entreaties of the child, intending, in good faith, the child's benefit.

a. A is liable as he performed the operation without taking due consent

b. A is not liable because 'the act was done in good faith for benefit of a person, even without consent

c. A should not have performed the operation, even if it was in good faith and since the operation was performed, A is liable,

d. None of the above

85. '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.

86. 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

87. 'X', a doctor informs his patient' Y that he has cancer which is in its last state. 'X' requests ‘Y to arrange his family affairs as he cannot survive for more than a couple of weeks. 'Y dies because of shock on hearing this 'X' is:

a. Guilty of murder as he knew that such a disclosure will cause death

b. Not guilty since communication was made in good faith for the benefit of 'y'

c. Guilty of causing death by negligence

d. Guilty, of culpable homicide not amounting to murder as he knew that such a disclosure is likely to cause death

88. A person is compelled to join a gang of dacoits by reason of threat of being beaten. Which one of the following suggestions is correct in this case?

a. He is not liable for any offence

b. He is liable for the offence even though he joined the gang out of fear

c. He is not liable as there was instant fear of his death at the hands of dacoits

d. He will be liable for all dacoities committed by that gang

89. Where does compulsion amount to a defense?

a. Act done by a person who is compelled to do it by threat of instant death

b. Mischief caused by a person when he was compelled to do so by threat to his property

c. Murder committed by a person in order to gain custody of his kidnapped child

d. Act done by a person who is compelled to do it by threat of death within seven days

90. 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

91. "A", a blacksmith is seized by a gang of dacoits and compelled by threat of instant death to force open the door of Z's house to enter and plunder it. While committing dacoity, one of the dacoits kills Z's son. A is guilty of:

a. Murder

b. Dacoity with murder

c. Abetment of dacoity

d. No offence

92. 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 constitute an offence

c. Every person is liable for his own "n'' acts

d. Necessity knows no law

93. The maxim "de minimis non curat lex" is related to which of the following sections of the BNS?

a. Section 33

b. Section 27

c. Section 32

d. Section 31

94. The punishment prescribed under the BNS for the acts which cause slight harm is:

a. 15 days

b. 30 days

c. No punishment

d. None of these

95. ‘A’ picked up a match box belonging to 'B' and lighted his cigarette with it. 'B' charged ’A’ with the offence of theft of his match box. In these circumstances 'A' can defend himself with the help of which one of the following maxims?

a. Non compos mentis

b. Doli Incapax

c. De minimis non curat lex

d. Ignorantia juris non excusat

96. PRINCIPLES: I. Nothing is an offence which is done in the exercise of the right of private defense.

II. When an act, which would otherwise be a certain offence, is not that offence, by reason of the youth, the want of maturity of understanding, the unsoundness of mind or the intoxication of that person or by reason of misconception on the part of that person, every person has the same right of private defense against that act, which he would have if that act were an offence.

III. Everyone has the 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.

IV. If in the exercise of right of private defense against an assault which reasonably causes the apprehension of death, the defender be so situated that he cannot effectually exercise that right without risk of harm to an innocent person, his right of private defense extends to the running of that risk

V. The right of private defense continues as long as apprehension of danger continues.

FACT: A enters by night a house which he is legally entitled to enter. Z, in good faith, taking A for a house breaker, attacks A.

a. A has no right of private defence because it is available against an offender only.

b. A has the same right of private defence against Z, which he would have had if Z was not acting under a misconception.

c. A has exceeded his right of private defence.

d. None of the above.

97. Under Bhartiya Nyaya Sanhita, 2023, an act done in exercise of the right to private defence is:

a. Not an offence and hence not punishable

b. Punishable with life imprisonment

c. Punishable with the up to ten thousand rupees

d. Punishable with fine up to five thousand rupees.

98. Ascertain (A): Nothing is an offence which is done in the exercise of the right of private defence.

Reason (R): Where the aid of the society cannot be obtained, individual may do everything necessary to protect himself.

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 the correct explanation of (A)

c. (A) is true but (R) is false

d. (A) is false but (R) is true

99. Right of private defence is provided under following provision of Bhartiya Nyaya Sanhita, 2023:

a. Section 34

b. Section 33

c. Section 37

d. Section 30

100. Principle: A person has got a right to defend his life or that of any other person.

Factual Situation: Sonia was returning home from work at about 10:00 pm. The cab driver dropped her at the gate of her residence. Suddenly she heard a male voice telling her to hand over her purse and Mobile. She screamed to draw the attention of her driver but the driver did not hear her and drove away. When she looked back she saw a man pointing a dagger at her. She was about to hand over her purse to the man. Hearing her cries, her neighbor. Major Singh, a military officer, looked through his window and saw the scene. He took out his gun and shot the man dead, later identified as X.

a. Major Singh is liable for the death of X as there was no threat to his life or property.

b. Major Singh is not liable for the death of X as he was trying to protect the life of his neighbor.

c. Major Singh is liable for the death of X as he should not have shot X dead, but could have just threatened X.

d. Major Singh is not liable for the death of X as a Military official may shoot any one who is a criminal.

101. In which of the following cases, the Supreme court has observed that there is no right of private defence against the right of private defence?

a. State of Punjab v. Sohan Singh

b. Surjeet Singh v. State of Punjab

c. State of U.P. v. Ram Swaroop

d. M.R. Singh v. State of Gujarat

102. The right of private defence is available?

a. Only to adults

b. Only to those who are capable of to lawfully commit crime

c. Only to the public servants

d. To all, irrespective of age and capacity

103. Connection with the right of a private defence of body give the correct response:

a. This right is not available against an unsound person

b. This right is not available against a person below 7 years of age

c. This right is available against any person

d. This right is not available against parents

104. Which one of the following statements is correct?

The right of private defence under Bhartiya Nyaya Sanhita, 2023 is

a. An equitable remedy

b. A legal remedy

c. A judicial remedy

d. An extra judicial remedy

105. The watch of X had been stolen. One day he finds it tied on the wrist of Y. In this context which one of the following statement is correct?

a. X has a right of self-defence

b. X has a right of private defence of property to recover the watch from Y even by use of force.

c. X's right of private defence of property had come to an end

d. X's right of private defence of property revives as soon as he sees his watch in Y's possession

106. Every person has right to defend his own body:

a. Against any offence affecting the human body

b. And the body of his friends, against any offence affecting the human body

c. And the body of any person, against any offence affecting the human body.

d. And the body of his blood relative against any offence affecting the human body.

107. Some militants are hiding in a house occupied by an individual Militants are engaged in an attack on the police party by firing from the house. The police persons, to defend themselves, fire towards the house and an innocent person in the house is hit by the bullet and dies as a result. The police persons, are guilty of:

a. No offence

b. Culpable homicide not amounting to murder

c. Murder

d. Death by rash or negligent act

108. 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

109. Section 35 of BNS expressly states that the right of private defence is subject to the restrictions contained in

a. Section 37 of BNS

b. Section 38 of BNS

c. Section 36 of BNS

d. Section 40 of BNS

110. Under Section 36 of the 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

111. Directions: For Assertion and Reason Type Question: Question consist of two statements one labelled the Assertion 'A' and the other labelled the Reason 'R'. You are to examine these two statements carefully and decide if the Assertion 'A' and the Reason 'R' are individually true it so whether the Reason is a correct explanation of the Assertion.

Select your answer to these items using the codes given below and mark your answer sheet accordingly.

Assertion (A): 'X', because of unsoundness of mind, not knowing the nature of the act attacks 'Y', who in self-defence and in order to ward off the attack, hits him thereby causing him hurt. 'Y' does not commit an offence.

Reason (R): 'Y' had a right of private defence against 'X' under Section 36 of the BNS.

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

112. '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 though 'Z' is mad

c. 'A' is guilty of inflicting grievous hurt oh 'Z'

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

113. Under Section 36 of the BNS the right of private defence is also available against

a. Person of unsound mind

b. An intoxicated person

c. A person who does not have maturity of understanding

d. All of the above

114. ‘Z' threats ‘A’ to kill under the influence of madness. 'A' has:

a. The same right of private defence which he would have if 'Z' were sane

b. No right of private defence against 'Z' because 'Z'. was under the influence of madness

c. No right of private defence because ‘A’ has time to have recourse to the protection of the public authority

d. No right of private defence because an act of insane is not an offence

115. The Right of Private Defence of body extends to:

a. Causing only a harm that prevents bodily injury

b. Causing harm extending to death of the assailant

c. Harm that is proportionate to the threatened injury

d. Causing such harm that enables the victim to escape from the place of incident.

116. Under which of the following circumstances, the right of private defence of body does not extend up to causing the death of the assailant?

a. Assault with the intention of kidnapping

b. Assault with the intention of inflicting grievous hurt

c. Assault with the intention of using criminal force

d. Assault with the intention of committing rape.

117. Which Section of BNS contains the provision of causing death in the private defence of the body?

a. Section 37

b. Section 34

c. Section 36

d. Section 38

118. Acts against which the right of private defence is not available have been laid down in Section of the BNS

a. 39

b. 38

c. 37

d. 36

119. The right granted under 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 Supreme Court in which of the famous cases:

a. Sunil Batra v. Delhi Administration

b. Brij Kishore v. State of U.P.

c. Amjad Khan v. State

d. Ramaswamy v. State of Madras

120. Against which of the following offences right of private defence of body does not extend to the causing of death?

a. Rape

b. Gratifying unnatural lust

c. Causing miscarriage

d. Kidnapping

121. Right of private defence of body extends to causing assailant's death if assailant's act is of such nature that it

a. Causes apprehension of death

b. Causes apprehension of grievous, hurt

c. Expresses intention of committing rape

d. All of the above

122. H and W were married recently but W preferred to stay mostly at her parental place. This conduct of W made H angry. He came to take W back from her parental place. When W refused to go he tried to take her forcibly. At this F, the father of W, became angry and gave H two blows with a lathi which landed on the head of H who died soon thereafter. F is being tried for murder. He pleads rights of private defence against the act of H which he says amounts to 'abduction'. Prosecution pleads 'abduction' is not an offence and therefore there can be no exercise of right of private defence. Which one among the following statements gives the correct legal position in the matter?

a. F cannot plead right of private defence against the act of abduction as 'abduction' per se is not an offence

b. F can plead right of private defence as abduction in this case involves an assault and assault with intention to abduct or kidnapping falls in Section 38 of the BNS in which case right of private defence can extend to causing of death

c. F cannot plead right of private defence as no offence had been committed against his person

d. F cannot plead right of private defence as he had not called the police to protect his daughter

123. In which of the following circumstances, a woman in exercise of her right of private defence of the body can cause death of the perpetrator?

a. When a man demands or requests for sexual favors.

b. When a man attempts to throw or administer acid which may reasonably cause the apprehension of grievous hurt.

c. When a man captures the image of a woman engaged in a private act.

d. When a man follows a woman to foster personal interaction.

124. Right to private defence of the body extends to voluntarily causing death if the offence which occasions the exercise of right:

a. Reasonably causes apprehension that death will be caused

b. Reasonably causes apprehension that simple injury will be caused

c. Is of escaping with stolen property immediately after the theft

d. Is of arresting a person who is running a way after having committed an offence of voluntarily causing hurt

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

a. An assault with the intention of committing rape

b. An assault with the intention of kidnapping

c. An assault with the intention of abducting

d. An assault with the intention of committing wrongful restraint

126. The right of private defence of the body:

a. Commences as soon as reasonable apprehension of danger to the body arises from an attempt or threat to commit the offence and it continues as long as such apprehension of the danger to the body continues

b. Commences as soon as reasonable apprehension of danger to the body arises from an attempt or threat to commit the offence and it continues even after that apprehension ceases

c. Commences only when the assault in actually done and continues during the period of assault

d. Commences only when the assault is actually done and continues even after the assailment has left

127. Which one of the following statements is correct?

Right of private defence of the body begins

a. When a reasonable apprehension of danger to the body arises

b. When there is an attack on the body

c. When public authorities have refused protection

d. When, mental peace is disturbed

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

a. Apprehension of death

b. Apprehension of grievous hurt

c. Intention of committing rape

d. All the above

129. In which set of Sections of Bhartiya Nyaya Sanhita, 2023 even death can be caused in exercise of right to private defence of person and property?

a. Sections 38 and 41

b. Sections 38 and 39

c. Sections 40 and 43

d. Sections 38 and 40

130. A, a mentally disturbed person picks out revolver and point towards B and attempted to fire at B. B picks a flower pot and hits A causing grievous hurt to A:

a. B is liable for causing grievous hurt to A

b. B is not liable for causing grievous injury but simple hurt

c. B has acted in private defence, therefore he is not liable

d. Right of private defence is not available against a mentally disturbed person

131. The right of private defence of the body does not extend to causing death, if the offence which occasions the exercise of the right be of any of the following description:

a. An assault with the intention of committing rape

b. An assault with the intention of gratifying unnatural lust

c. An assault with the intention of kidnapping or abduction

d. An assault with the intention of causing hurt

132. In which one of the following circumstances, the right of private defence of the body extends to causing death?

a. Reasonable apprehension to cause simple hurt

b. Reasonable apprehension to cause simple theft

c. Reasonable apprehension of causing wrongful restraint

d. An act of throwing or administering acid or of such an attempt that reasonably causes apprehension of grievous hurt

133. The right of private defence of the body can extend to causing death

a. In case of apprehension of grievous hurt and death

b. In case of apprehension of being raped

c. In case of assault with the intention of kidnapping or abducting

d. All these

134. Under Bhartiya Nyaya Sanhita, 2023, subject to the restriction laid down under its Section 37 in cases of assault causing reasonable apprehension of death or grievous hurt, the right of private defence extends to the voluntary causing of

a. Grievous hurt

b. Death

c. Any harm other than death

d. Any harm other than death or grievous hurt

135. In which of following circumstances does the right of private defence of body, subject to restrictions mentioned in Section 38 of BNS, does not extends to voluntary causing death:

a. An assault with intention of gratifying unnatural lust

b. An assault which does not cause reasonable apprehension of death or of grievous hurt

c. An assault with intention of committing rape

d. An assault with intention to kidnapping or abducting

136. A person may voluntarily cause the death of an assailant in the exercise of right of private defense to 'protect himself against an assault done with the intention of:

a. Causing death

b. Committing rape

c. Causing grievous hurt

d. All of the above

137. Which one of the following sections of the BNS provides that right of private defence of body extends to causing any harm other than death?

a. Section 37

b. Section 38

c. Section 41

d. Section 39

138. P, with the intention of committing theft entered the house of Q. Q. on seeing him entering, struck him with a lathi and P fell down unconscious. Thereafter, Q gave him another blow of lathi at his head which caused his death. On being prosecuted for murder, Q took the plea of private defence. Which of the following argument is valid?

a. Since Q was acting in the exercise of right of private defence of his property, he had taken a valid defence

b. Since in the defence of one's property one cannot cause death of the intruder, Q has no defence

c. Q has used excessive force as once P fell unconscious; there was no need for the second blow. Hence, Q's plea of right of private defence will not succeed

d. If P committed house breaking in the night, Q has the right to cause death in the defence of his property, and thus Q's plea should prevail

139. X is charge for murder of Y. About a month before the murder Y had attempted to rape the wife of X, X has an altercation with Y immediately before murder X is:

a. Entitled to the benefit of right of private defence as the deceased had attempt to rape his wife

b. Not entitled to right of private defence as the right of private defence was available to defence his won body alone

c. Not entitled to right of private defence since there was an interval of one month between attempted rape and the murder

d. Entitled to the right of private defence since he was provoked on seeing the deceased.

140. Where a wrong of mischief by fire in a building used as a human dwelling or a place for custody of property is attempted, the right of private defence extends to the causing of

a. Any harm including death

b. Any harm other than death

c. Any harm other than death and grievous hurt

d. All the above

141. In which of the following the right to private defence of property does not extend to causing of death?

a. Robbery

b. House breaking by night

c. Mischief by fire

d. Dishonest misappropriation of goods

142. The right of private defence of property extends to voluntarily causing of death or any other harm to the wrong doer. This is provided in: —

a. Section 41, BNS

b. Section 43, BNS

c. Section 34, BNS

d. Section 44, BNS

143. In which section of BNS the right of private defence of property extending to causing death's is given?

a. Section 40

b. Section 38

c. Section 41

d. Section 43

144. Against which of the following offences the right to private defence of property extend to voluntary causing of death?

a. Theft

b. Mischief by fire

c. Robbery

d. All these

145. The right of private defence of property extends to causing death of the wrongdoer under certain descriptions. Which one of the following descriptions is not included in those?

a. Robbery

b. Housed breaking by night

c. Lurking house trespass by night

d. Mischief by fire on any human dwelling

146. Right of private defence of property does not extend to causing death against the offence of

a. Robbery

b. House breaking by night

c. Trespass

d. Mischief by fire of building used for custody of property

147. In which of the following the right of private defence of property under Bhartiya Nyaya Sanhita, 2023, does not extend to causing death?

a. Robbery

b. House breaking by night

c. Mischief giving apprehension of death or grievous hurt

d. Mischief by fire

e. None of these

148. Which one of the following statements is correct?

For the purpose of section 41 of BNS (causing death in the exercise of right of private defence for protection of property), there is

a. No distinction between public property and private property

b. Clear distinction between public property and private property

c. No right of private defence

d. No right of private defence at the attempt stage of causing of death

149. Which one of the following is the correct group of offences against which right of private defence relating to property can be exercised?

a. Theft, extortion, robbery, mischief.

b. Theft, extortion, mischief, criminal trespass.

c. Robbery, mischief, criminal trespass, extortion.

d. Theft, robbery, mischief, criminal trespass.

150. The right of private defence of property extends to causing death of the wrongdoer under certain descriptions. Which One of the following descriptions is not included in those?

a. Robbery

b. House-breaking by night.

c. Lurking house trespass.

d. Mischief by fire on any human dwelling.

151. Against which crime, the right of private defence is not available?

a. Criminal trespass

b. Forgery

c. Mischief

d. Theft

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