BNS MCQs Paper-3

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There are 9 sets of MCQs available for BNS, you are advised to explore all the sets :

1. 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): An owner can take his chattels from the other/ even if force is required to be used.

Reason (R): A person has a right of private defence of property.

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

2. Right of private defence is available:

a. Against all members of an unlawful assembly.

b. In a free fight

c. To retrieve from the wrong doer one's property

d. Both (a) & (b) above

3. A is attacked by a mob who attempt to murder him. He cannot effectually exercise his right of private defence without firing on the mob, and he cannot fire without risk of harming young children who are mingled with the mob. A fires and harms one child. Which one of the following is the liability of A?

a. A commits no offence as he exercised right of private defence.

b. A commit an offence punishable as he fired in a rash on negligent manner.

c. A commits an offence punishable only as there was no intention to. cause death of the child.

d. A commits an offence as the act of firing was so imminently dangerous that it must have, caused death of child.

4. In criminal trials whenever the accused seeks the benefit of any exception the onus is on him to prove the applicability of Such exception:

a. Beyond reasonable doubt

b. On a preponderance of probabilities

c. To the satisfaction of the judge

d. All of the above

5. The right of private defence is based on the natural instinct of:

a. Self-reliance

b. Self-respect

c. Self-sufficiency

d. Self-preservation

6. The right of private defence is:

a. Not a right of defence but of retribution

b. A right of defence but not a right of retribution

c. A right of defence as well as, a right of retribution

d. Is neither a right of defence nor a right of retribution

7. If an accused takes the plea of his case being covered under any of the 'General Exceptions" provided under Chapter III, BNS, the burden of proof in that case lies:

a. Entirely on the prosecution

b. Entirely on the accused

c. On the accused and he has to discharge that burden beyond all reasonable doubt

d. On the accused and he has to discharge the burden on a preponderance of probabilities

8. The right of 'private defence' is:

a. A punitive right

b. A protective right

c. An obligation towards the state

d. None of the above

9. When a person in justification of killing another in the exercise of his right to private defence, claims the existence of such a right, such existence of the right must be proved by

a. The State

b. The person who claims the right to private defence

c. The prosecution

d. The police.

10. Consider the following statements:

To justify as a defence to a charge of crime:

1. irresistible 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

11. 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): Bhartiya Nyaya Sanhita, 2023 contains certain exceptions from criminal liability.

Reason (R): There cannot be universal criminal liability in all circumstances.

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

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

Reason (R): Accused claims it 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

13. Which of the following among item A and item B are correct?

The right of private defence extends, subject to Section 37, to the causing of death of the assailant or aggressor in the following circumstances:

Item A: For defence of body:

1. Against an act which reasonably causes the apprehension of an assault to outrage the modesty

2. Against an act which reasonably causes the apprehension that the assailant will kill his children living in another city

3. Against an act which reasonably causes the apprehension that grievous hurt would otherwise be the consequence

Item B: For defence of property:

1. While the trespasser is engaged in house breaking during day time.

2. Against a thief who reasonably causes the defender to believe that he would lose his property

3. Against a person who commits mischief under such circumstances as may reasonably cause apprehension that grievous Hurt would be a consequence

Select the correct answer using the codes given below:

Codes:

a. 1 and 3 of both items

b. 2 and 3 of both items

c. 3 alone of both items

d. 1 and 2 of both items

14. 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 available only to one party.

15. 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

16. 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 Stepens

c. R. v. Davis

d. R. v. Mc'pherson

17. Which of the following is not an exception as per provisions contained in Chapter III of Bhartiya Nyaya Sanhita, 2023:

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

18. In criminal trials, whenever an accused pleads that his case is covered under any of the general exceptions laid down under Part III of the BNS, the burden of proof lies on

a. The prosecution always

b. The accused, and he had to prove his innocence beyond reasonable doubt

c. The accused, and he has to prove his innocence on a preponderance of probabilities

d. State and it is to be discharged by the prosecutor

19. What punishment may be awarded to the person whose act is covered under general exceptions?

a. No punishment

b. Half of the punishment prescribed for that offence

c. One fourth of the punishment prescribed for that offence

d. Depends upon discretion of the court

20. What is not correct about the self defence?

a. Nothing is offence which is done in exercise of right of private defence

b. Right of private defence is extended to causing death in the case of robbery

c. Right of private defence is extended to causing death in defamation case

d. There is no right of private defence, if there is time to have recourse to the protection of public authorities.

21. '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 39, BNS

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

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

22. Which of the following sections of BNS deals with volenti-non fit-injuria?

a. 25

b. 26

c. 27

d. All of the above

23. 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

24. 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 U.P. v. Ram Swamp

b. State of Punjab v. Nanak Chand

c. Deo Narain v. State of U.P.

d. State of H.P. v. Wazir Chand

25. Is 'irresistible impulse' a defence?

a. In India

b. In England

c. Both in India and England

d. Neither in India nor in England

26. The defence of 'consent' applies to:

a. Private wrongs

b. Public wrongs

c. Both (a) and (b)

d. Neither (a) nor (b)

27. Which one of the following set of Sections of BNS provides for the right of private defence?

a. Sections 45 to 59

b. Sections 55 to 60

c. Sections 14 to 43

d. Sections 34 to 44

28. Which of the following statement/ statements is/are incorrect?

a. Nothing is offence which is done in exercise of right of Private Defence under BNS

b. A person has right to defend his own body only and not the body of other

c. Right of Private Defence is extended to cause death in defamation case

d. A person has even right of Private Defence where there is time to have recourse to the protection of the public authorities

Codes:

a. Only (c) is incorrect

b. (a), (b) and (c) are incorrect

c. (b), (c) and (d) are incorrect

d. (a), (b), (c) and (d) all are incorrect

29. Read the following:

1. The maxim "Actus me invito factus non est mens actus" finds application in Section 32 BNS.

2. The maxim "de minimis non curat lex" has been incorporated in Section 33 of BNS

Of the above:

a. (1) is true but (2) is false

b. (1) is false but (2) is true

c. Both (1) and (2) are true

d. Both (1) and (2) are false

e. None of these

30. The law on the private defence in India:

a. Is the same as in England

b. Is narrower than the one in England

c. Is wider than the one in England

d. None of the above

31. A, a police officer, has a warrant of arrest for B. He asks C as to the identity of B. C knowingly tells A that P is B and consequently A arrests P. C is guilty of:

a. Abetment by aiding

b. Abetment by instigation

c. Abetment by false representation

d. Abetment of mischief

32. 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

33. 'A's illegal marriage with 'B' was performed by a priest ‘P' knowing that the marriage was illegal, because 'A' was already married. A's father 'C' and two other persons 'D' and 'N' were present at the time of marriage. In this case: —

a. 'C', 'D' and 'N' are liable for abetment

b. Only A's father 'C' is liable for abetment

c. 'C', 'D' 'N' and the priest 'P' all are guilty of abetment

d. Only the priest 'P' is liable for abetting the offence of bigamy

34. 'A' asks his servant to beat 'B'. The servant did so. 'A' is guilty of:

a. Criminal conspiracy

b. Criminal assault

c. Abetment by instigation

d. Criminal conspiracy assault, as well as abetment

35. A, a priest, knowingly officiates a bigamous marriage. A is guilty of:

a. Conspiracy

b. Abetment by instigation

c. Attempt to bigamy

d. Abetment by intentional aiding

36. Abetment under Section 45 of BNS can be constituted by:

a. Instigation

b. Conspiracy

c. Intentional aid

d. All of these

37. A lets out his premises to B, a police officer, with the knowledge that B will torture there C, an accused in a case. B tortures C in those premises. A is:

a. Not guilty of any offence under BNS

b. Guilty of abetment

c. Guilty of causing hurt

d. Guilty of attempt to commit offence

38. A instigates B to kill C by means of a letter sent through post. The abetment by instigation is complete

a. As soon as the letter reaches the addressee

b. As soon as the abettor -posts the letter to the addressee

c. As soon as the contents of the letter are known to the addressee

d. Even if the letter was sent at a wrong address

39. A, a public servant is authorized by warrant from court of justice to apprehend Z. B. knowing that fact and also that C is not Z, willfully represents to A that C is Z and thereby causes A to apprehend C. How does B abet?

a. By way of instigation

b. By way of conspiracy

c. By way of aiding

d. By way of supporting

40. What is the basic difference between an offence of abetment by conspiracy and the offence of criminal conspiracy?

a. In case of conspiracy, mere agreement is enough whereas in case of abetment by conspiracy an act should have taken place in pursuance of Conspiracy

b. There is no difference at all

c. In case of conspiracy, an act should also have taken place, but in case of abetment by conspiracy, no act needs to have taken place

d. In case of abetment by conspiracy, there need not be an agreement whereas in case of criminal conspiracy, agreement is essential

41. For abetment by conspiracy:

a. A mere agreement between two or more persons to do an unlawful act is enough

b. Some act or illegal omission must take place in pursuance of an engagement between two or more persons to do an unlawful act

c. There must be an international aid by one person to another for the doing of an offence

d. One person must instigate the other for the commission of an offence

42. Which one of the following statements correctly defines abetment?

a. The principal accused must have the same intention as that of the abettor

b. The liability of the abettor is dependent on the liability of the principal accused

c. The abettor has aided the principal accused in commission of the offence

d. The abettor has willfully misrepresented a fact to someone and caused an offence committed by the later

43. The abetment of offence is completed as soon:

a. The offence abetted has been committed

b. The abettor has incited another person to commit an offence

c. The person abetted has done some overt act towards the commission of the offence

d. All the above acts have been place

44. 'X' committed theft in a Government building 'Z' a Chowkidar of the building, kept the gate of the building open with the intention of facilitate X's safe retreat with the stolen property and thereby facilitated his retreat. Which one of the following statement is correct? Z' is:

a. Guilty of abetment of theft by intentional aiding

b. Guilty of theft by instigation

c. Not guilty of abetment

d. Guilty of theft

45. ‘A’ entered into an agreement with 'B' to obtain undue favor from a member of the Government on the promise that 'A' will pay Rupees one lakh to /B' who will deliver the same to that member. A paid the amount to 'B' who in turn paid it to 'C', a member of Government for the said purpose as reward, 'C' subsequently refused to do any favor. On the basis of the above facts:

a. 'B' alone is responsible for his actions

b. Both 'B' and 'A' are liable as there was an abetment by conspiracy

c. 'C' alone is responsible as he misappropriated the money for his own use

d. ‘A’ has no ground to bring prosecution against “C, because at the time of agreement C's name was not known to 'B'

46. ‘B’ hires a hammer and a chisel from ‘A'. There after with these instruments he breaks into the house of ‘C and commits a theft there. A' is charged with the offence of abetment. In the case:

a. 'A' supplied the instruments for commission of the crime and hence is liable

b. A' received money for supplying the instruments of the crime (motive) and hence is liable

c. 'A' did not know that the hammer and chisel were being hired to commit a crime and hence is not liable

d. A' has joint liability

47. 'X' and ‘Y agreed to commit murder of ‘Z' by poisoning and ‘Y was to procure poison, but he did not procure it. 'X' and 'Y are guilty of:

a. Abetment of murder by conspiracy

b. Attempt to murder with the aid of Section 3(5)

c. No offence

d. Criminal conspiracy to murder, Z

48. Abetment to an offence is not constituted by:

a. Conspiracy

b. Aiding

c. Compulsion

d. Instigation

49. Abetment by aid requires:

a. Active aiding

b. Passive aiding

c. Intentional aiding

d. None of these

50. Which one of the following acts is not a mode of abetment under the BNS?

a. Instigation

b. Aiding

c. Conspiracy

d. An attempt

51. Abettor is a person:

a. Who commits the offence

b. Who instigates the commission of offence

c. Against whom the offence is committed

d. Who is innocent

52. Under Bhartiya Nyaya Sanhita, 2023, abetment is constituted:

a. By instigating a person to commit an offence

b. By engaging in a conspiracy to commit an offence

c. By intentionally aiding a person to commit an offence

d. All of the above

53. If a person instigates, intentionally aids or engages another person to do a thing he is said to have:

a. Abetted such another person

b. Conspired with that person

c. Becomes member of unlawful assembly

d. Designed commission of offence

54. Consider the following statements:

1. 'A' willfully by a misrepresentation misled a police officer to arrest 'B' instead of 'C'

2. 'A' instigates 'B' to murder 'C', 'B' refuses to do so

3. 'A' instigates 'B' to murder 'D', 'B' stabs 'D'. 'D' survives from wound

Which of the above constitute the offence of abetment?

a. (1), (2) and (3)

b. (1) and (3) only

c. (2) and (3) only

d. (1) and (2) only

55. Under Bhartiya Nyaya Sanhita, 2023, which ingredient is not necessary to constitute an offence of abetment

a. Conspiracy

b. Intentional aid

c. Instigation

d. Act abetted should be committed

56. The principle of proximity of crime under criminal law is irrelevant, while deciding the liability for the offence of

a. Theft and dacoity

b. Culpable homicide and murder

c. Kidnapping and abduction

d. Abatement and conspiracy

57. A instigates B to murder C. B refuses to do so. A is guilty of which one of the following?

a. Criminal conspiracy

b. Abetment to attempt of murder

c. Abetment to commit murder

d. No offence

58. B, a man of unsound mind, sets fire to a dwelling house on A's instigation. Here, B is exempted from criminal liability (Section 22, BNS), but A is guilty of abetting mischief by fire with intent to destroy the house. The principle for this criminal liability may be explained by which one of the following explanations?

a. The abetment of an offence being an offence, the abetment of such an abetment is also an offence

b. The person who has been instigated to commit an offence may not be liable under criminal law for his act because of his being of unsound mind at the time of committing the offence but the abetment to commit mischief by fire being an offence, abetment of such offence incurs liability

c. To constitute offence of abetment it is not necessary that the act abetted should be committed

d. It is not necessary to the commission of the offence by conspiracy that the abettor should work in concert with the person who commits it

59. Abetment is complete as soon as:

a. The abettor has incited another to commit an offence

b. The person instigated has done some overt act towards the commission of the offence

c. The offence abetted has been committed

d. Both (b) and (c) above

60. 'X' with intention of murdering 'Z', instigates 'Y, a child below 7 years, to do an act which causes 'Z's death. 'Y in the absence of 'X' in consequence of abetment does the act and thereby causes 'Z's death. Now

a. 'Y' is liable for murder and 'X' is liable for abetment

b. 'Y' is not liable for murder being legally incapable, but 'X' is liable for abetment

c. 'X' and 'Y' both are liable for murder

d. 'X' and 'Y' both liable for criminal conspiracy to murder of 'Z‘.

61. A instigates B to murder C. However, B refuses to do so. The status of A is

a. A is guilty of abetting B by aiding

b. A is guilty of abetting B by conspiracy

c. A is guilty of abetting of B by instigation

d. A is not guilty of abetting B

62. X instigates Z to murder Y. Z stabbed Y but Y recovers from the wound

a. X is not guilty of abetment as desired result not obtained

b. X is guilty of abetment to commit grievous hurt

c. X is guilty of abetment to commit murder

d. None of these

63. Which of the following is not necessary to constitute abetment by conspiracy?

a. A conspiracy between two or more persons

b. An act or illegal omission must take place in pursuance of that conspiracy

c. Such an act or illegal omission must also take place in order to do the thing conspired

d. The abettor should concert the offence with the person who commits it

64. A abets B to commit a theft from the house of C, B finding an opportunity picks C's pocket while C was travelling by a bus. Give the Correct answer:

a. A is responsible for abetment of theft

b. A is not responsible for abetment of picking of pocket

c. A is not responsible for abetment of committing theft because theft has not been committed from the house

d. All the above are correct

65. The abetment of an abetment is an ' offence in BNS under

a. Section 45

b. Section 46

c. Section 49

d. Section 50

66. A instigates B to kill C. B refuses to do so. A is:

a. Guilty of abetment

b. Not guilty of abetment

c. Guilty of abetment because it does not depend upon commission of the act

d. None of the above

67. Which one of the following statements is not correct?

a. Abetment of an abetment is not an offence

b. Abetment of illegal omission may be an offence

c. To constitute the offence of abetment the effect requisite to constitute the offence need not be caused

d. The person abetted need not be capable by law of committing an offence

68. X instigates Y to murder Z, Y in pursuance of the instigation stabs Z. Z recovers from the wound. Which one of the following is the liability of X?

a. Since essentials to constitute an offence of abetment are not fulfilled, X is not guilty of instigating to commit murder

b. Z is alive and hence X is not guilty of instigating to commit murder

c. X is guilty of instigating Y to commit murder even if Z recovers and does not die

d. Since death of Z does not ensure, the criminal liability, if any, will be that of only Y

69. Consider the following statements:

To constitute abetment it is

1. Necessary that the act abetted must be committed.

2. Not necessary that the act abetted must be committed.

3. Necessary that the person abetted must have the same intention or knowledge as that of the abettor.

Which of the statement given above represent(s) the correct position of law?

a. 2 only

b. 2 and 3

c. 1 only

d. 3 only

70. A instigates his six-years old daughter B to take away from C, a purse containing Rs. 1500. In this case which one of the following statements is correct?

a. B commits theft and A abets theft

b. A commits no offence but B commits theft

c. Both A and B commit no offence

d. B does not commit any offence but A commits abetment of theft

71. A, intending to cause theft instigates B, to take property belonging to Z out of Z's possession. A induces B to believe that the property belongs to A. B takes the property out of Z's possession in good faith, believing it to be A's property. With reference to the above statement.

Assertion (A): A is guilty of abetment of theft even if B is innocent.

Reason (R): Liability of abettor is not dependent on the liability of the principal accused.

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

72. Which one of the following statements is true in relation to the offence of abetment?

a. It is not necessary that the offence for which abetment is alleged should have been committed

b. Unless an offence is successfully committed, there's no question of abetment

c. For the offence of the abetment to be established, the a better should have been proved to have done something at the time of commission of the offence itself to help its commission

d. 'A' returns a licensed weapon belonging to 'B' on his demand with which 'B' commits a murder 'A' is liable for abetment

73. For abetment

a. It is necessary that the act abetted should be committed successfully

b. It is necessary that the act abetted should be committed though unsuccessfully

c. It is not necessary that the act abetted should be committed

d. Both (a) & (b)

74. A instigates B, a person of unsound mind, to set fire to a dwelling house. B, incapable of knowing the nature of the act that he is doing what is wrong or contrary to law sets fire to the house in consequence of A's instigation.

Which one of the following statements legally correct?

a. since B is incapable of committing offence, A is also not guilty.

b. B has committed no offence but A is guilty of abetting the offence.

c. Both (a) and (b) are guilty.

d. only B is guilty.

75. A instigates B to murder C. B refuses to do so. Which one of the following is the liability of A?

a. Since essential to constitute an offence of abatement are not fulfilled, A is not guilty of instigating B to murder C.

b. The refusal of B to act on the instigation of A, puts an end to the matter and A is not guilty of any abatement.

c. A is guilty of abetting B to commit murder as to constitute abatement it is not necessary that the act abetted should be committed.

d. Since the offence was not committed there can be no abatement for an offence which is not committed. Hence A is not liable.

76. Abetment of an offence is

a. Always an offence

b. Never an offence

c. May be an offence depending upon the circumstances but not always

d. May not be an offence depending upon the circumstances of the case

77. 'A' instigates 'B' to give false evidence. Here, if 'B' does not give false evidence, what offence 'A' has committed?

a. 'A' is guilty of no offence

b. Attempt to give false evidence

c. Offence punishable with imprisonment of any description provided for that offence for a term which may extend to one-eighth part of the longest term provided for that offence and with fine

d. None of the above

78. 'A' allows an illegal marriage to be solemnized by 'B' a priest in his house. Here:

a. 'B' is liable for abetting the offence

b. 'A' is liable for abetment

c. Both 'A' and 'B' are liable for abetment

d. None of these

79. The abetment of abetment is an offence. It can be directly deducible from:

a. Section 45, BNS

b. Section 46, BNS

c. Section 49, BNS

d. Section 50, BNS

80. 'A' with guilty intention abets 'P' a child of six years to commit theft in 'B's house. The act is not committed. Here 'A' is:

a. Guilty of theft

b. Guilty of no offence

c. Guilty for abetting theft

d. Guilty of attempt to commit theft

81. 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;

82. For abetment:

a. it is necessary that the person abetted should be capable of committing an offence under the law

b. it is necessary that the person abetted should have the same guilty intention

c. it is not necessary that the person abetted should be capable of committing an offence under the law or should have the same guilty intention

d. none of the above

83. Under Bhartiya Nyaya Sanhita, 2023, there can be abetment to:

a. A person of unsound mind

b. An infant

c. Both (a) & (b)

d. Neither (a) nor '(b)

84. Which one of the following statements is correct?

a. Abetment of an offence is an inchoate offence

b. Abetment of an offence is a continuing offence

c. Abetment of an offence is a complete offence

d. Abetment of an offence is an offence depending upon circumstances of the case

85. Abatement of an offence is:

a. Always an offence

b. May be an offence depending on the circumstances but not always

c. Never an offence

d. May not be an offence depending on the circumstances

86. A abets B to assault C, B murders C:

a. A is liable for abetment of assaulting C

b. A is liable for abetment of assaulting and murdering C

c. A is liable for abetment of murder of C

d. A is liable for murder

87. Under Bharatiya Nyaya Sanhita, 2023, which of the statement represents the correct position of law? To constitute abetment it is:

a. Necessary that the act abetted must be committed

b. Not necessary that the act abetted must be committed.

c. Necessary that the person abetted must have the same intention or knowledge as that of the abettor

d. None of these

88. X, with intent to murder Y, instigates his six year old servant A, to do an act which will cause death of Y. A does the act, but in the absence of X. The act of A resulted in the death of Y

a. A is liable

b. X is liable and is subject to the punishment of death

c. Either (a) or (b)

d. None of the above

89. "A" in India instigates "B" a foreigner in Pakistan to commit a murder in Pakistan. “B" commits murder! In this case:

a. 'A' is guilty of abetting murder

b. 'A' is not guilty of any offence

c. 'A' is liable for committing murder

d. None of the above answer is correct

90. Which of the following is/are true in the context of abetment? 'A' says to 'B' "I intend to kill 'C"'. 'B' says, "Do as you like". ‘A’ kills ‘C. 'B' is guilty of:

a. Abetment

b. Instigation

c. Abetment to murder

d. None of the above

91. Hari instigates Sachin to set fire to another's house. Before setting fire, Sachin commits theft in the house. What is the offence committed by Hari?

a. No offence

b. Abetment to the offence of setting fire only

c. Abetment to both offences

d. Being member of unlawful assembly

92. 'A' instigates 'B' to burn the house of Z. B sets fire to the house and at the same time commits theft of the property there. Whether A is guilty of?

a. Abetting of theft

b. Abetting of burning of house

c. Abetting of theft and burning of house

d. None of the above

93. 'X' an Indian abets Y, an American citizen on telephone from Ajmer to murder 'P', an American citizen in America. Under what Section of BNS, 'X' is guilty of abetment?

a. Section 46

b. Section 47

c. Section 50

d. Section 51

94. A in India, instigates B, a foreigner in England to commit a murder in England. A is guilty of:

a. Murder

b. Abetting murder

c. Criminal conspiracy

d. Abetting criminal conspiracy

95. When an act is abetted and a different act is done, the abettor is liable for the act:

a. Abetted

b. Abetted and committed

c. Done, in the same manner and to the same extent as is he had directly abetted

d. None of the above

96. 'A' incites 'B' to beat 'C'. Subsequently 'A' reaches the place where 'B' is beating 'C'. ‘A’ is liable under:

a. Section 3(5)

b. Section 49

c. Section 54

d. Section 55

97. P instigates Q to cause the death of R. P gives a gun to Q to shoot at R. Q shoots at R in the presence of P causing R's death. Which one of the following statement is correct?

a. Both P and Q are liable for criminal conspiracy

b. Both P and Q are jointly liable for the murder of R

c. Q is liable for murder, P is only an abettor

d. Only P is liable for criminal conspiracy

98. Match List I with List II and select the correct answer using the code given below the list:

List I List II

A. Section 61 1. Act endangering sovereignty, unity, integrity

B. Section 148 2. Abetment of offence outside India

C. Section 152 3. Criminal Conspiracy

D. Section 47 4. Conspiracy for waging war

Code:

A B C D

a. 2 1 4 3

b. 3 4 1 2

c. 2 4 1 3

d. 3 1 4 2

99. The principal of proximity to crime under criminal law is irrelevant while deciding the homicide and murder:

a. Culpable homicide and murder

b. Theft and dacoity

c. Kidnapping and abduction

d. Abetment and conspiracy

100. Which of the following statements are correct?

1. Abettor may be liable for a different offence than that for which principal is liable

2. Abettor is liable even if principal is innocent

3. Abettor’s liability is dependent on the liability of the principal

4. Abettor must have the same guilty intention or knowledge as the principle

Select the correct answer using the codes given below:

Code:

a. 1 and 2

b. 1 and 3

c. 1,2 and 4

d. 2,3 and 4

101. Which one of the following statements is not correct?

a. Abetment can be committed by mere silence

b. An abettor is liable for abetment even if the abetted act is not committed

c. If abetted person is not liable for committing the abetted act, the abettor too cannot be held liable

d. An abettor is liable for all the likely consequences of his abetment

102. In which of the following, the offence of 'abetment' could be committed?

a. Conspiracy

b. Attempt

c. Threat

d. Preparation

103. A person himself does not commit an offence, he helps or aids another person, he is guilty of:

a. Abetment

b. Conspiracy

c. Incitement

d. None of these

104. 'X' and 'V' agree to commit theft in Z's house but no theft is actually committed. They are guilty of:

a. No offence

b. Criminal conspiracy

c. Abetment by conspiracy

d. Abetment by instigation

105. In a conspiracy:

a. All persons must commit an offence

b. All persons must act simultaneously

c. Knowledge of all conspirators is enough

d. An agreement or consort is necessary

106. The gist of this offence is meeting of minds

a. Section 61(1)

b. Section 70

c. Section 150

d. Section 240

107. In the case of conspiracy among X, Y and Z, prosecution produces a letter written by X to Z, after X and Y were arrested, directing him to conceal all relevant material lying with him. Is the letter relevant?

a. It is relevant as it indicates a link between X, Y and Z

b. It is not relevant as it is written after the conspiracy was over

c. It is relevant as it gives clue for the rest of material which can be used

d. It is not relevant as Z has not taken part in the conspiracy

108. Direction: The following item consist of two statements, one labelled as the Assertion (A) and the other as Reason (R)'. You are to examine these two statements carefully and select the answers to these items using the code given below:

Assertion (A): To constitute the offence of conspiracy there must be an agreement between two or more persons to do an act which is illegal or which is to be done by illegal means.

Reason (R): One person cannot be held guilty of criminal conspiracy because one cannot conspire with himself.

Code:

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

b. Both A and R are individually 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

109. Which one of the following statements is not correct?

Criminal conspiracy requires

a. An agreement between two or more persons

b. Doing of an illegal act

c. Doing of a legal act with illegal means

d. Doing an act which may be an offence or not

110. 'X' and 'Y' agreed to commit murder of 'Z' by poisoning and 'Y was to procure poison, but he did not procure it. 'X' and 'Y are guilty of:

a. Abetment of murder by conspiracy

b. Attempt to murder with the aid of section 3(5) of Bhartiya Nyaya Sanhita, 2023

c. No offence

d. Criminal conspiracy to murder 'Z'

111. When two or more persons agree to do or cause to be done an illegal act, or an act which is not illegal, by illegal means, such an agreement is

a. Designated as a criminal conspiracy

b. Designated as a criminal abetment

c. Both, criminal conspiracy and abetment

d. None of the above

112. Under which provision of Bharatiya Nyaya Sanhita, 2023, punishment for 'Criminal Conspiracy' is given?

a. Section 61(2)

b. Section 124

c. Section 61(1)

d. Section 121

113. A, B and C conspired to commit an offence. Later A and B abandon the plan, but C commits the same offence. When C was arrested, he also named A and B. In their defence A and B said that they have abandoned the idea and they did not take part in the crime. In this, who will be punished?

a. No one could be punished for criminal conspiracy

b. Only C could be punished

c. A, B and C could be punished for criminal conspiracy

d. None of the above

114. In which Section of the BNS, the definition of 'Criminal Conspiracy' is given?

a. Section 60

b. Section 61(1)

c. Section 61(2)

d. Section 120

115. An agreement is designated a 'Criminal Conspiracy', if:

a. Two or more persons agree to do an illegal act

b. Some illegal act is done by all parties to such agreement in pursuance thereof

c. Any illegal act is done by at least one party to such agreement

d. None of the above

116. Which of the following case is known as the Lamington Road Shooting Conspiracy case?

a. R. v. Blake and Tye

b. In Re N. Ramaratnam

c. Emperor v. Vaishampayan

d. Mirza Akbar v. King Emperor

117. The punishment under Section 61(2) of BNS is given only for those offences where such offence is punishable with:

a. The rigorous imprisonment of 1 year or more.

b. The simple imprisonment of 2 years or more.

c. The rigorous imprisonment of 2 years or more.

d. The simple imprisonment of 3 years or more.

118. 'A' and 'B' agree to commit theft in 'C's house, but no theft is actually committed. They are guilty of:

a. Criminal conspiracy

b. Abetment by conspiracy

c. Abetment by instigation

d. No offence has been committed

119. In which one of the following cases will A and B be held guilty of criminal conspiracy even if no act is done by them?

a. A and B agree to do an act that is prohibited by law.

b. A and B agree to commit an offence

c. A and B agree to do an act which furnishes ground for a civil action.

d. A and B agree to do an unlawful act.

120. What is not necessary to constitute an offence of criminal conspiracy?

a. Two or more persons

b. Five or more persons

c. Agreement to cause illegal act

d. If act is not crime, to do some act in pursuance of agreement

121. What is the basic difference between an offence of abetment by conspiracy and the offence of criminal conspiracy?

a. In case of conspiracy, mere agreement is enough whereas in case of abetment by conspiracy an act should have taken place in pursuance of conspiracy

b. There is no difference at all

c. In case of conspiracy, an act should also have taken place, but in case of abetment by conspiracy, no act: needs to have taken place

d. In case of abetment by conspiracy, there need not be an agreement whereas in case of criminal conspiracy, agreement is essential

122. Locus poenitentiae test is, applied to trace which one of the following?

a. Criminal misappropriation

b. Attempt

c. Sedition

d. Conspiracy

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

When two or more persons agree to do an illegal act or to do an act by illegal means, such an act amounts to:

a. Criminal incitement

b. Criminal conspiracy

c. Abetment

d. Constructive liability

124. Consider the following statements in respect of criminal conspiracy:

1. There has to be always an agreement to commit an offence

2. The agreement must be between two or more persons

3. Unlawful means always bemused

4. The agreement may be for any act prohibited by the law

Which of the statements given above is/are correct?

a. 1 and 3

b. 2 and 3

c. 3 only

d. 1, 2 and 4

125. Consider the following statements:

1. In conspiracy, it is in the fact of combination that the unlawfulness resides, combination to injure gives cause of action

2. Where the element of combination is absent, the motive is immaterial

3. Combination for legitimate promotion of their interests give no cause of action

Which of the above statements are correct?

a. 1 and 2

b. 2 and 3

c. 1 and 3

d. 1, 2 and 3

126. Which of the following statements are correct in relation to criminal conspiracy?

1. When two or more persons agree to do an unlawful act by an unlawful means then they will be guilty of criminal conspiracy

2. Several persons agreed to commit an "offence" but nothing was done in pursuance of the agreement

3. When two or more persons agree to do a lawful act in lawful manner by lawful means but an overt act is done by one them

4. Criminal conspiracy to commit and offence punishable with fine alone will not entail any liability

Select the correct answer using the given blow:

Codes

a. 1, 3 and 4

b. 2, 3 and 4

c. 1 and 2

d. 1, 2 and 3

127. The offence of criminal conspiracy lies not in doing the act of effecting the purposes for which the conspiracy is formed but in the forming of the scheme between the parties. A criminal conspiracy consists of:

a. An intentional act of one person with the connivance of another

b. An agreement of two or more persons to do an unlawful act or a lawful act by unlawful means

c. Common intention of two or more persons to achieve an unlawful object

d. Two or more persons inducing a minor to commit an offence

128. Which one of the following statements is correct?

a. In conspiracy, there is no distinction between principal and accessory

b. In conspiracy principal and accessory are distinct

c. There has to be a distinction between principal and accessory in all offences

d. None of the above is correct

129. Which one of the following will amount to criminal conspiracy?

a. Two or more persons agreed to commit a criminal act in furtherance of their common intention

b. Intention of each of the accused persons is known to the rest of them and is shared

c. Unity of criminal behavior actuated by common consent

d. Agreement to commit an offence even if no step is taken to carry out that agreement

130. Which one of the following does not amount to criminal conspiracy:

a. An agreement to do an illegal act coupled with some act to carry out that agreement

b. An agreement to commit an offence without doing any act to carry out that agreement

c. An agreement to do an illegal act without doing any act to carry out that agreement

d. Mere agreement to pay bribe to a Public Servant

131. 'A' and 'B' agreed to kill 'C' by giving him a soft drink laced with poison. But before they could do so they are apprehended. They would be guilty of:

a. No crime

b. Criminal attempt

c. Criminal conspiracy

d. Criminal preparations

132. For criminal conspiracy the minimum number of persons required is:

a. Seven

b. Five

c. Two

d. Three

133. When two or more persons agree to do or cause to be done an illegal act, or an act which is not illegal, by illegal means, such an agreement is

a. Designated as a criminal conspiracy

b. Designated as a criminal abetment

c. Both, criminal conspiracy and abetment

d. None of the above

134. Which one of the following statements is not correct?

Criminal conspiracy requires

a. An agreement between two or more persons

b. Doing of an illegal act

c. Doing of a legal act with illegal means

d. Doing an act which may be an offence or not

135. 'A', 'B' and ‘C decide amongst themselves to persuade 'D' to steal jewelry from the house of 'M' and they accordingly do so. 'D' readily agrees and sets out towards M's house in order to steal jewelry.

a. 'A', 'B', and 'C' are liable for conspiracy to commit theft.

b. ‘A', 'B', ‘C and 'D' are liable for criminal conspiracy.

c. 'A', 'B' and 'C are liable for criminal conspiracy, but 'D' is not liable for any offence because his act only amounts to preparation.

d. Both (a) and (c) are correct.

136. ‘A', 'B' and 'C' plan to enter into a jewelry shop and commit theft at the shop. They collect the implements of housebreaking and go to the jewelry shop to execute their plan. On reaching there, they find a police patrol van stationed outside the shop and hence return. Their act amounts to:

a. Attempt to commit housebreaking and theft

b. Criminal conspiracy

c. Both (a) & (b)

d. None of the above

137. Which is/are the leading cases on 'Conspiracy'?

a. Fakruddin v. The State of M.P.

b. Hussain Umar v. Dalip Singh

c. V.C. Shukla v. State

d. All of the above

138. What is not necessary to constitute an offence of criminal conspiracy?

a. Two or more persons

b. Five or more persons

c. Agreement to cause illegal act or an act by illegal means

d. If act is not crime, to do. some act in pursuance of agreement

139. "A" and "B" plan to murder "C", the next day. They are guilty of:

a. The offence of planning

b. The offence of criminal conspiracy

c. The offence of attempting to murder

d. No offence

140. Smith v. Desmond is a leading case on:

a. Rape

b. Extortion

c. Theft

d. Criminal Conspiracy

141. Conspiracy is a

a. Continuing offence

b. No offence unless illegal results are there

c. Civil wrong only

d. Piece of evidence only

142. For an offence of Criminal Conspiracy under Section 61(1) of BNS, the parties involved should agree to do or cause to be done an act:

a. The ultimate object of which is illegal.

b. Which is not illegal, but by illegal means.

c. Which is illegal but by legal means.

d. (a) and (b)

143. The definition of criminal conspiracy in Section 61(1), BNS has been taken from that given in:

a. Mulchay v. Queen

b. Quinn v. Leatham

c. Abdul Rehman v. Emperor

d. R v. Vincent

144. In which of the following cases husband and wife both were held guilty of criminal conspiracy:

a. Tej Khan v. State of M.P.

b. Kuldeep Singh v. State of Rajasthan

c. Darshan Singh v. State

d. Pradumma v. State

145. In which of the following Sections of BNS 'preparation' is punishable?

a. Sections 147, 153, 312

b. Sections 149, 153, 310

c. Sections 149, 154, 310

d. Sections 147, 154, 312

146. The Special Court has convicted Dr. Binayak Sen for an offence under

a. Section 147 of BNS

b. Section 151 of BNS

c. Section 152 of BNS

d. Section 150 of BNS

147. 'A' sent through the post office, a packet containing seditious publications, with a covering letter requesting the addressee to circulate it to others. It was intercepted and never reached the addressee. 'A'

a. Committed the offence of sedition

b. Did not commit any offence

c. Is guilty of inciting communal riot

d. Is guilty of an attempt to act endangering sovereignty, unity and integrity of a nation

148. Which one of the following is an essential ingredient of sec 154?

a. Dishonest intention

b. Mala fide intention

c. Words spoken must cause public disorder by acts of violence

d. Words spoken must be capable of exciting disaffection towards the government

149. Which Section of Bhartiya Nyaya Sanhita, 2023 defines 'Act endangering sovereignty, unity and integrity of a nation?

a. Section 122

b. Section 123

c. Section 151

d. Section 152

150. To whom, among the following, is the right of private defence, under Chapter III of BNS, available?

1. Only to the defender being a preventive right.

2. An aggressor, while facing action on the part of the defender which is excessive.

Select the correct answer using the code given below:

a. 1 only

b. 2 only

c. Both 1 and 2

d. Neither 1 nor 3

151. Consider the following statements:

1. Intention is the essence of sec 152.

2. Intention is irrelevant in sec 152.

3. Result is the essence of sec 152.

4. Intention and result both are important in sec 152.

Which of the statement given above is/ are correct?

a. 1 only

b. 2 and 3

c. 1 and 3

d. 4

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