BNS MCQs Paper-9

5. On account of an agitation the lawyers ceased to participate in court proceedings and resorted to 'Satyagrah' An editorial in a newspaper criticized as to whether it behaves to- the lawyers as a class to resort to strike. The lawyers were inter-alia described as 'Kajia dalal' i.e. dispute broker, in the editorial: —

a. Editor of the newspaper is guilty of offence of defamation

b. Editor of the newspaper is not guilty of offence of defamation

c. Not only editor, but Chairman of Board of Directors and its General Manager are also guilty of defamation

d. None of the above

6. 'A' in good faith says of a book published by 'Z' that Z's book is indecent, 'Z' must be a man of impure mind. Is this defamation punishable under section 356 of BNS?

a. Yes, because the opinion respects 'Z's character

b. No, because it falls within one of the exceptions of Section 356 of BNS

c. No, because it is slander

d. No, because it has not been repeated

7. Defamation can be: —

a. Only of a living person

b. Of a living as well as deceased person

c. Of an individual, a company, association or collection of persons

d. Both (b) and (c)

8. What is not defamation?

a. Publication of any imputation

b. Imputation to a deceased person

c. Imputation to a company

d. Opinion regarding public conduct of a public servant

9. The defence of mental disorder (infirmity) will be available to a person, when that mental disorder was:—

a. At the time of committing the act

b. Before committing the act

c. After committing the act

d. During trial

10. A invited his friend B to his house for dinner. While there were having dinner, B made certain unwanted comments about the married sister of A. Frustrated A started abusing B and also said that he is a womanizer and a cheat and has misappropriated huge funds of his employer. B sued A for defamation

a. A is liable as he made derogatory statements about B

b. A is liable as he did not act as a good friend

c. A is not liable as he has not communicated these statements to anybody except B

d. A is not liable as he has made defamatory statements on being provoked by B himself

11. A is magistrate is making report to superior officer about B's character imputation made in good faith and for public good. A commits:

a. Offence under section 356 BNS

b. Offence under section 352 BNS

c. No offence as it is within exception under section 356

d. Under section 353 BNS

12. Which one of the following statements is not defamatory?

a. 'A' says about a woman 'B' that she has paramour wherever she goes

b. 'A' publishes a photograph with a false caption 'Goonda'

c. 'A' says, "I am not surprised that 'B's book is foolish for he is a libertine"

d. 'A' in the course of a police investigation says, 'B' may be involved in the murder of 'D' because both of them were bitter enemies

13. How many exceptions have been provided for the offence of defamation under Section 356 of the BNS?

a. 4

b. 10

c. 6

d. 9

14. 'A' threatens to publish statements concerning 'B' Which would be punishable. 'B' files a suit for injunction praying for restraining 'A' from publishing the Statement: —

a. Court may grant injunction even though it shown that it is not injurious to B's property

b. Court may refuse injunction as publication is not injurious to B's property

c. Court may dismiss the suit as plaintiff has not claimed declaration

d. Court may dismiss the suit as no cause of action has arisen

15. Offence of defamation relates to harming__________________,

a. Association of a person

b. Property of a person

c. Family of a person

d. The reputation of a person

16. Cognizance of offence of defamation can be taken:

a. On a police report

b. On a complaint made by an aggrieved person

c. Suo motu

d. All of the above

17. Which of the following is defamation:

a. X says, "Y is an honest man, he never stole Z's watch," intending to cause it to be believed that Y did steal Z's watch.

b. X is asked, who stole Z's watch? X points to Y.

c. X draws a picture of Y running away with Z's watch.

d. All of the above.

18. 'A' says—'Z' is an honest man, he never stole 'B's watch; intending to cause to be believed that 'Z' did steal B's watch. 'A' is liable for

a. No offence

b. Breach of trust

c. Defamation

d. Theft

19. An imputation in the form of alternative or expressed ironically, may:

a. Amount to defamation

b. Not amount to defamation

c. Amount to outrage the modesty if intended to woman

d. Neither defamation nor outrage the modesty

20. The following are exceptions to defamation:

a. Imputation of Truth for Public Good

b. Public conduct of Public Servants

c. Literary criticism

d. All of the above

21. In answer to the Charge of defamation, which of the following is/are good defence(s)?

a. Imputation which is true and published for the public good.

b. Opinion respecting the conduct of a public servant concerning discharge of duties of office expressed in good faith.

c. Both (a) and (b)

d. None of these

22. Which of the following case upheld the constitutionality of Section 356 of the BNS?

a. Subrarmnian Swatny v. Union of India, Ministry of Law & Ors. 2016 (2) MLJ (Crl) 542

b. Jacob Mathew v. State of Punjab & Anr., (2005) 6 SCC 1

c. Brij Bhushan v. State of Delhi, AIR 1952 SC 329

d. Manoj Narula v. Union of India, (2014) 9 SCC 1

23. Under BNS, which of the following amounts to defamation—

a. To convey a caution intended for good of person, to whom conveyed or for public good

b. To make an imputation concerning " a company or an association or collection of persons as such

c. Censure passed in good faith by person having lawful authority over others

d. Publication of reports of proceedings of court

24. 'A' for the purpose of inducing 'B' to desist from prosecuting a civil suit, threatens to bum 'B's house. What offence was committed by ‘A’ is guilty of?

a. Abetment

b. Criminal assault

c. Criminal force

d. Criminal intimidation

25. ‘A' threatens ’B' to bum ‘B’ house to desist him to prosecute a civil suit. What crime is committed by 'A?

a. Criminal Intimidation

b. Mischief

c. Criminal breach of trust

d. None of these

26. ‘A’ threatens 'B' to injure the reputation of ‘C, a deceased in whom 'B' is interested. 'A' has committed:—

a. No offence

b. Defamation

c. Criminal intimidation

d. Both (b) and (c) of these

27. ‘A’ house owner tortures his tenant 'B' in order to compel him to pay his rent and realizes his dues without causing any hurt to 'B'. Here—

a. 'A' is liable for criminal intimidation under Section 351 of BNS

b. 'A' is liable for using criminal force under Section 129 of BNS

c. 'A' is liable for extortion under Section 308 of BNS

d. 'A' is liable for assault under Section 130 of BNS

28. An offence of criminal intimidation involves

a. Assault

b. Battery

c. Affray

d. Threat

29. Intentional insult with intent to provoke breach of the peace, is punishable under: —

a. Section 354, BNS

b. Section 351, BNS

c. Section 351, BNS

d. Section 352, BNS

30. Mrs. 'JR' "lodges a first information report at Police Station with assertion that Mr. 'X' by sending her vulgar message either by forwarding e-mails or through Short Messaging Service (SMS) intrudes upon her privacy. For what offence, the case may be registered against Mr. 'X'?

a. Section 79 of BNS and 66A of the Information Technology Act, 2000

b. Section 66A of the Information Technology Act, 2000

c. Section 79 of BNS and 66E of the Information Technology Act, 2000

d. None of the above

31. Misconduct in public by a drunken person is

a. Public mischief

b. Annoyance

c. Intentional insult

d. All of the above

32. The minimum duration of imprisonment provided for an offence under the BNS is imprisonment for

a. Twenty four hours under Section 62

b. Twenty four hours under Section 355

c. Sentence of 20 hours under Section 355

d. Sentence of imprisonment till rising of the court under Section 62

33. Principle: Whoever attempts to commit an offence and in such attempt does any act towards the commission of the offence shall be punished.

Factual Situation: A, a trustee makes an attempt to steal some jewels by breaking open a box belonging to the Trust B and finds after opening the box, that there is no jewel in it. A is prosecuted for the offence of attempting to commit theft.

a. A is liable for the offence of attempt to commit theft

b. A is not liable for attempting to commit theft as there was no jewel in the box which could have been stolen by A.

c. A is not liable as Trust B did not lose anything.

d. A is liable as he has done an act which is morally wrong.

34. Section 62 of BNS does not apply in case of attempt of:—

a. Theft

b. Affray

c. Riot

d. Murder

35. Directions: For Assertion and Reason Type Questions: Each 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): There is no liability for an attempt to commit an impossible theft.

Reason (R): No criminal liability can be incurred under Section 62 of the BNS for an attempt to do an act which, if done, will not be an offence.

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

36. Section 62 of BNS is not applicable to

a. Attempt to commit suicide

b. Attempt to commit rape

c. Attempt to hurt

d. Attempt to theft

37. A bull which is dedicated to an old idol in a temple is caught by 'B' and put to work in his garden. 'B' is:

a. Guilty of mischief

b. Guilty of extortion

c. Guilty of attempt to commit theft

d. Guilty of theft

38. X, applied for the post of Lecturer in Delhi University and submitted his application along with degree, of Ph.D. Interview call was issued to X and 2nd February, 1992 was the date fixed for the interview of X. But on 10th Jan., 1992 the University came to know that the copy of degree attached with the application was bogus and cancelled the interview.

a. X is guilty of cheating.

b. X is guilty of attempt to cheat.

c. X is not guilty of cheating because the University has not been cheated,

d. None of the above.

39. Attempt to commit any offence is punishable with: —

a. Half of the term of imprisonment provided for the offence

b. One fourth of the term of imprisonment provided for the offence

c. One third of the term of imprisonment provided for the offence

d. Full of the term of imprisonment provided for the offence

40. Section 62, BNS is not related to the offence for which the punishment is:

a. Death sentences

b. Life-imprisonment

c. Imprisonment

d. Both (b) and (c)

41. Section 62 of the BNS applies to offences punishable under the

a. BNS

b. Any special Law

c. Any Local Law

d. All of the above

42. Section 62 of the BNS, does not apply in case of

a. Attempt of rioting

b. Attempt of theft

c. Attempt of wagering war against the Government of India

d. Attempt of affray

43. Y inserts his hand into the pocket of Z with Mala fide intention to take away his money. But the pocket was empty. What offence, if any Y committed under BNS?

a. No offence as the offence was not completed

b. Theft

c. Mischief

d. Extortion

e. None of these

44. Which one of the following pair is incorrect?

a. Section 308 1. Punishment for

dacoity

b. Section 330, BNS 2. House breaking

c. Sec 303 3. Theft

d. Sec 309 4. Robbery

45. Which of the following is a 'continuing offence'?

a. Frequently taking a minor girl out of the custody of a lawful guardian

b. By force or deceit compelling a minor girl to be moved from one city to another for illicit sex

c. Removing a movable property from the possession of a thief

d. Repeatedly raping a girl

46. When all the incriminating facts and circumstances are found to be incompatible with the innocence of the accused then:

a. The inference of guilt can be justified

b. The inference of guilt cannot be justified

c. Benefit of doubt should be given

d. None of the above

47. Essential ingredients of a crime are:

a. Actus reus and mens rea

b. Actus reus, mens rea and motive

c. Motive, intention and knowledge

d. Knowledge, intention and action

48. Principle: A person who is under a legal obligation to save the life of a human being will be liable for an omission to do so.

Factual Situation: A man who knew swimming was watching a child drowning. He said to himself: "It is not my child, why do I bother?"

a. The man will be responsible for the death of the child as he knew swimming and hence was obliged to save the child.

b. The man will not be liable as he was not duty bound to save the child.

c. The man will be liable as he knew that the child would drown if he did not save it still did not save the child.

d. The man will not be responsible as others could have helped the child.

49. Principle: Ignorance of the law is not an excuse in the country.

Factual Situation: Z, a foreign national came to New Delhi as a transit passenger at tile Indira Gandhi International Air Port. His flight landed in the morning on June 9, 2008 at 10:15 am and he was supposed to catch the next flight at 1:00 pm the same day to another country. He was carrying 1 Kilogram of Hashish. The Government of India notified on June 9, 2008 that "any person having more than 500 Millie Grams of. any Narcotic and Psychotropic substances, including Hashish in his possession would be punishable..." The notification was published in the Official Gazette that was published on the morning of June 9,2008. The Customs authorities arrested Z.

a. Z is not liable as he was only a transit passenger who had no opportunity to mingle with any Indian.

b. Z is liable as mere possession of a narcotic substance beyond a certain limit is an offence in the country.

c. Z is not liable as he was not bound by a new regulation which was notified when he was on the flight.

d. Can be arrested only when the Customs Officials get a clearance from the Embassy of his own country.

50. Crime is a wrong treated essentially against—

a. Society

b. Private persons

c. Family

d. The victim

51. A wrongful act to constitute an offence must be accompanied with—

a. Mala fide motive

b. Guilty mind

c. Actual pecuniary loss

d. Intention to injure the reputation of the victim's family

52. The purpose of death penalty as punishment is—

a. To reform the society

b. To take revenge and deter others from committing heinous crimes

c. Not to over-crowd prisons

d. To create fear in the minds of criminals

53. In a pre-meditated offence, are involved in the commission of the offence

a. Two stages

b. Three stages

c. Four stages

d. Five stages

54. Which one of the following is not a defence for defamation?

a. Absolute Privilege

b. Being Honest

c. Qualified privilege

d. Spreading Rumors Heard from Another.

55. In which of the following cases the Supreme Court applied the 'locus poenitentiae' rule?

a. Om Prakash v. State of Punjab

b. Malkiat Singh v. State of Punjab

c. State of Maharashtra v. Mohd. Yakub

d. Abhayanand Mishra v. State of Bihar

56. Which of the following is an inchoate crime?

a. Public nuisance

b. Criminal attempt

c. Unlawful assembly

d. Riot

57. Which of the following is not available as a defence in criminal acts?

a. Private defence

b. Infancy

c. Necessity

d. Mistake of Law

58. A person who assists a criminal after the commission of the crime with a view to shield him from the arm of law is known as

a. Principal of the first degree

b. Accessory after the fact

c. Principal of the second degree

d. Abettor post facto

59. In a cognizable case under BNS, police have the

a. Authority to arrest a person without warrant

b. Authority to investigate the offence without permission of the Magistrate

c. Both (a) and (b)

d. Either (a) or (b)

60. Forcibly removed an ox and two cows from the possession of a butcher for the purpose of protecting them from slaughter. They are guilty of which one of the following?

a. Extortion

b. Robbery

c. Rioting

d. No offence

61. Which one of the following statements is correct?

The words and expressions, used but not defined in the BNSS, shall have the meaning assigned to them in the

a. BNS

b. Code of civil procedure

c. The Limitation Act

d. BSA

62. Match List-I With List-II and select the correct answer using the code given below the list:—

List-I List-II

A. Dowry death 1. Section 127 BNS

B. House-breaking 2. Section 130 BNS

C. Assault 3. Section 80 BNS

D. Wrongful confinement 4. Section 330 BNS

A B C D

a. 4 3 2 1

b. 3 4 1 2

c. 3 4 2 1

d. 1 2 3 4

63. Under which of the following sections of the BNS there is provision of death sentence? Answer with the help of code given below?

1. Sections 230 and 356

2. Sections 160 and 230

3. Sections 140 and 310

4. Sections 148 and 160

Code:

a. 1 and 2 only

b. 2 and 3 only

c. 3 and 4 only

d. 1 and 4 only

64. Which one of the following combinations is correctly matched?

1. K.M. Nanawati v. State of Maharashtra -Grave and sudden provocation

2. State of Himachal Pradesh v. Asha Ram -Rape -

3. Karan Singh v. State of Uttar Pradesh- Right of Private Defence

4. Harjit Singh v. State of Punjab- Dowry Death

Select the correct answer using the code given below: —

Code:

a. 1, 2 and 3

b. 2, 3 and 4

c. 1, 3 and 4

d. 1,2 and 4

65. Which one of the following preparation is not an offence?

a. Preparation for robbery of a Bank

b. Preparation of dacoity in a Bank

c. To make die for counterfeiting coins

d. To make die for counterfeiting Indian coins

66. A male teacher during examination, while conducting search, pit his hands in the pocket of the pant of a girl candidate thinking her to be a boy. Here the teacher, under the BNS, has committed the offence under Section:—

a. 354

b. 323

c. 509

d. No offence

67. Which of the following offences is punishable under BNS?

a. A citizen of Italy commits murder of an Indian in Pakistan

b. A citizen of Italy commits murder of an Indian in Jammu & Kashmir.

c. An Indian commits murder of a citizen of Italy in Italy.

d. All the above

68. Match list-I with list-II and select correct answer using the codes given below the lists—

List-I List-II

(Section) (Offence)

a. Section 336 1. Criminal Trespass

b. Section 330 2. Forgery

c. Section 329 3. Criminal Intimidation

d. Section 351 4. House-breaking

Codes:

a b c d

a. 2 4 1 3

b. 2 4 3 1

c. 2 1 3 4

d. 1 2 3 4

69. Match List-I with List-II.

List-I List-II

A. Reg v. Govinda 1. Insanity

B. State of Maharashtra

v. M.N. George 2. Common

Intention

C. Mehboob Shah v. Emperor 3. Murder

D. 'McNaughten Case 4. Mens rea

A B C D

a. 2 1 3 4

b. 4 3 1 2

c. 3 4 2 1

d. 1 2 3 4

70. Actus non facit reum nisi mens sit rea implies that:

a. Mere act or illegal omission on the Part of the accused makes him liable under criminal law

b. Mere guilty mind coupled with motive behind the crime makes the accused liable under the criminal law

c. Guilty mind of the accused coupled with desire to give effect to the guilty mind is sufficient to make the accused liable under the criminal law

d. No act per se is criminal unless accompanied by guilty mind

71. BNS came into force on: —

a. 1/07/2024

b. 10/07/2024

c. 1/12/2024

d. 1/12/2025

72. Which one of the following is not essential for an offence?

a. Intention

b. Motive

c. Prohibited act

d. Punishment for act

73. Who amongst the following has observed that "under the BNS such a maxim 'Actus non facit reum nisi mens sit rea' is wholly out of place?

a. J.D. Mayne, Criminal Law of India

b. H.S. Gour, Penal Law of India

c. Ratan Lai Dheeraj Lai, Law of Crimes

d. All of the above

74. Successful prosecution under criminal law means: —

a. Acquittal of the accused

b. Discharge of the accused

c. Conviction of the accused

d. Punishment to the accused

75. Strict liability in criminal law arises where:

a. The accused is liable only when his actus rea is accompanied with mens rea

b. Mere guilty mind (mens rea) makes the accused liable for punishment

c. There must be an attempt to commit an offence irrespective of the consequence ensuing

d. Mere act or illegal omission of the accused makes him liable for punishment irrespective of his guilty mind (mens rea)

76. Consider the following statements: Mens rea is not an essential ingredient in

1. cases not criminal in any real sense but which in the public interest are prohibited under a penalty.

2. cases- which are in the nature of public nuisance.

3. cases criminal in form but which are "really only a summary mode of enforcing a civil right.

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

77. "In every statute 'mens rea' is to be implied unless contrary is shown." This view was expressed in

a. Sherras v De-Rutzen

b. R v. Dudley and Stephen

c. Harding v. Price

d. R v. Prince

78. "Death sentence should be awarded in rarest of rare cases" was held in: —

a. 'Bachan Singh v. State of Punjab

b. Rameshwar v. State of U.P.

c. T.V. Vatheeswaran v. State of Tamil Nadu

d. State of U.P. v. M.K. Anthony

79. "Right to live with human dignity does not include right to terminate natural life," was held in: —

a. P. Rathinam v. Union of India

b. 'Gian Kaur v. 'State-of Punjab

c. Rajendra Prasad v. State of U.P.

d. Macchi Singh v State of Punjab

80. Which of the following are theories of punishment?

1. Pure theory

2. Deterrent theory

3. Declaratory theory

4. Expiatory theory

5. Retributive theory

Select the correct answer using the code given below:

Codes:

a. 2 and 5

b. 1,2 and 3

c. 2 and 4

d. 2,4 and 5

81. Which one of the following theories is based on the principle that punishment should -be -of-such a nature so as to prove deterrent not only for the wrongdoer but also for the society?

a. Preventive-theory

b. Reformative theory

c. Retributive theory

d. None of these

82. Match List-I with List-II and select the correct answer using the code given below the lists:

List-I List-II

A. A and B go to murder

X under a common

understanding. A stood

as a guard near the

gate and B stabs X 1. Mistake of fact

in good faith

B. A Police Officer

received a warrant to

arrest X believing

Y to be X, he arrests Y 2. Criminal

misappropriation

C. X, a' Hindu divorced

his wife a refused

to return her money,

clothes and ornaments

despite her repeated.

demands ' 3. Joint liability

D. A finds a gold ring

on a railway platform.

He picked it Instead

of returning to the

Railway Authorities, he

sold it immediately 4. Criminal breach

of trust

Code:

A B C D

a. 3 4 1 2

b. 3 1 4 2

c. 2 1 4 3

d. 2 4 3 1

83. Which of the following is the correct theoretical sequence in the commission of an offence?

1. Physical element

2. Mental element’

3. Forbidden consequence

Select the correct answer using the code given below:

a. 1, 2, 3

b. 2, 1, 3

c. 3, 2, 1

d. 3, 1, 2

84. What is the prime object of criminal law?

a. To punish the forbidden conduct

b. To protect public property

c. To protect public and private property

d. To protect public by maintenance of law and order

85. Match List-I with List-II and select the correct answer using the code given below the lists:

List-I List-II

(Offence) (Case)

A. Criminal attempt 1. State of Malmrashtra

V. Mohd. Yakub

B. Common intention 2. Virsa Singh v. State

of Punjab

C. Robbery 3. Barindra Kumar v.

King Emperor

D. murder 4. Madan Kandi v. State

of Orissa

Code

A B C D

a. 1 4 3 2

b. 2 4 1 3

c. 4 1 2 3

d. 1 3 4 2

86. Match List-I with List-II and Select the correct answer using the code given below the lists:

List-I List-II

A. Fighting by two

or more persons 1. Abetment

B. Intentional aiding in

commission of an offence 2. Sedition

C. Violence is caused by

five or more persons 3. Affray

D. Offence is committed

by words sings or visible 4. Riot

Code:

A B C D

a. 3 4 2 1

b. 2 1 4 3

c. 3 1 4 2

d. 2 4 1 3

87. Match List-I with List-II and select the correct answer using the codes given below the lists:

List-I List-II

A. Common intention liability 1. Vicarious liability

B. Good faith 2. Joint liability

C. Dishonest intention 3. Theft

D. Common object 4. Mistake of fact

Codes:

A B C D

a. 2 3 4 1

b. 2 4 3 1

c. 1 4 3 2

d. 1 3 4 2

88. Match List-I with List-II and select the correct answer using the codes given below the lists:

List-I List-II

A. Death is caused

safeguard property

from mischief by fire 1. Exception 2 to

Section 101

B. Death caused by

a child of

six years 2. Murder

C. Death by an act

with the intention

of causing bodily

injury which is

sufficient ordinarily

to cause death 3. No offence

D. Death of trespasser

of the house who

was escaping 4. Right of private

defence

Codes:

A B C D

a. 2 1 4 3

b. 1 3 2 3

c. 4 2 3 1

d. 4 3 2 1

89. Consider the following statements:

The Actus reus is made up of

1. Human action which is usually termed 'conduct'.

2. The result of such act in the specified circumstances which is designated as 'injury'.

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

90. Match List-I with List-II and select the correct answer using the codes given below the lists:

List-I List-II

A. Mens rea 1. Always not

necessarv

B. Motive 2. precedent for

any offence

C. Law presumes

innocence 3. Relevant and

impute intention

D. Knowledge of the

act to be unlawful 4. Until crime is

proved by beyond

doubt

Codes:

A B C D

a. 1 2 4 3

b. 2 3 4 1

c. 4 3 2 1

d. 2 1 3 4

91. Which one of the following statements correctly describes the concept of '"Mens rea"?

a. Mens rea need be present at the stage of planning, but not at the state of commission of the offence

b. Mens rea should be excluded unless the statute specifically requires it to be proved

c. Absolute prohibition is not required to negative mens rea

d. If the statute is silent about mens rea as a general rule it should be read to the statue

92. If actus non facit reum nisi mens siti rea is a cardinal principle of criminal law, then which one of the following statements correctly reflects the above principle?

a. Mens, rea is an essential element of a crime and there cannot be a crime without mens rea

b. Criminal liability under Indian Law , always implies mens rea

c. To constitute a crime there must be actus reus and mens rea

d. Actus reus is not always necessary to constitute a crime

93. Directions: For Assertion and Reason Type Questions: Each 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): Crime is punishable because it is provided in the law.

Reason (R): Crime is revolting to the moral sense of Society.

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

94. Which of the following is/are inchoate crime(s)?

1. Attempt to commit a crime

2. Criminal conspiracy

3. Theft

4. Murder

Select the correct answer using the code given below:

a. 1 and 4

b. 1, 2 and 3

c. 1 and 2

d. 2 only

95. Law Commission of India 2015 report deals with

a. Juvenile justice

b. Sexual offences

c. Death penalty

d. All of these

96. Which one of the following case is not related to criminal attempt?

a. Abhayanand Misra v. State of Bihar

b. Sudhir Kumar Mukherjee v. State of West Bengal

c. State of Maharashtra v. Mohd. Yakub

d. State of Rajasthan v. Om Prakash

97. The case of R. v. Dudley and Stephen is related to the defence of—

a. Insanity

b. Intoxication

c. Mistake of fact

d. Necessity

98. Which of the following combinations are not correctly matched?

1. Sherras v. De Rutzen - Mens rea

2. Barendra Kumar Ghosh v. Emperor - Intoxication

3. Abhayadnand Misra v. State of Bihar - right to die

4. Gian Kaur v. State of Punjab - Criminal attempt

Select correct answer using the code given below—

Code:

a. 2, 3 and 4

b. 1, 2 and 3

c. 1, 3 and 4

d. 1,2 and 4

99. Which of the following combination is correctly matched?

a. Involuntary Intoxication - Section 29

b. Basudeo v. State of Pepsu - Section 24

c. Attempt to Commit Suicide - Section 55

d. Bigamy - Section 88

100. "I believe in operation Valmiki because every Sant has a past and every criminal has a future".

The Statements is of:

a. Justice Sikri

b. Justice P.N: Bhagwati

c. Justice Krishna Iyer

d. Justice J.S. Verma

101. Match List-I with List-II and select the correct answer by using the codes given below the lists.

List-I List-II

A. Criminal Breach of Trust 1. Section 310

B. Public Nuisance 2. Section 74

C. Dacoity with murder 3. Section 316

D. Assault with intention to

outrage modesty of woman 4. Section 270

Code:

A B C D

a. 1 2 3 4

b. 2 1 4 3

c. 4 3 2 1

d. 3 4 1 2

102. Which one of the following is an illustration of criminal attempt?

a. 'A' tries to kill 'B' by witchcraft

b. 'A' goes to Mumbai to buy dye to make counterfeit currency notes

c. 'A' intending to kill 'B' fires at 'B's coat hanging in his room treating it

d. 'A' takes away his own umbrella thinking it to be of someone else

103. Which one of the following combinations is correctly matched?

1. KM. Nanawati v. State

of Maharashtra Grave and

sudden

provocation

2. State of Himachal Pradesh

v. Asha Ram Rape

3. Karan Singh v. State Right of

Private of Uttar Pradesh Defence

4. Harjit Singh v. State of Punjab Dowry death

Select the correct answer using the code given below:

Code:

a. 1, 2 and 3

b. 2, 3 and 4

c. 1, 3 and 4

d. 1, 2 and 4

104. The criminal liability arises in:

a. Voluntary acts only

b. Involuntary acts only

c. Internal acts only

d. External acts only

105. "Ignorantia facit excusat" maxim means:

a. Mistake of law is excused

b. Ignorance of facts is an excuse

c. Ignorance of law is not an excuse

d. None of these

106. The maxim "Non Compos mentis" means:

a. Child of ten years

b. Not co-operative

c. Not of sound mind

d. None of these

107. Consider the following statements?

An act forbidden for the first time by a Statute passed recently rendering it impossible for the wrongdoer to have knowledge of it is

1. A good defence

2. Not a defence

3. A partial defence

4. Criminal offence

Which of the statements given above are correct?

a. 1 and 2

b. 2 and 4

c. 3 and 4

d. 1 and 4

108. Match List-I with List-II and select the correct answer using the code given below the Lists:

List-I List-II

A. Two or more persons

agree to do an illegal act 1. Abetment

B. Five or more persons unitedly

commit robbery 2. Joint

liability

C. One person instigates another

to do an illegal act 3. Criminal

conspiracy

D. Offence done by several person in

furtherance of the common intention 4. Dacoity

Code:

A B C D

a. 2 4 1 3

b. 2 1 4 3

c. 3 4 1 2

d. 3 1 4 2

109. Strict liability is imposed in which of the following situations?

1. Commission of crime with intention.

2. An act which amounts to a crime even though it is committed without any intention.

Select the correct answer using the code given below:

a. 1 only

b. 2 only

c. Both 1 and 2

d. Neither 1 nor 2

110. Which one of the following statements is not correct with regard to the nature of criminal attempt?

a. Criminal attempt is the direct movement towards the Commission of the offence after the preparations are made

b. Criminal attempt is an intentional preparatory action which fails in object

c. An act which is done intentionally in attempting the commission of an offence

d. When commission of an act done intentionally is successful, it is criminal attempt

111. The execution of death sentence can be postponed in case of

a. Possibility of continuation in the Special Court

b. Possibility of appeal in the Supreme Court and in case of pregnant woman

c. Possibility of appeal in High Court and not in case of pregnant woman

d. Possibility of confirmation by the Sessions Court

112. In order that an Act should be punishable it must be morally blame¬worthy. It must be a sin". Which of the following made this observation?

a. Salmond

b. Justice Krishna Iyer

c. Lord Denning

d. Stephen

113. Which one of the following cases is not related to Mens rea

a. R. v. Prince

b. Queen v. Tolson

c. Sherras v.'De Rutzen

d. Barendra Kumar Ghosh v. Emperor

114. A tries to pickpocket B. B has a loaded pistol in his pocket. A's hand touches the pistol and triggers it, resulting in the death of B.

a. A is guilty of B's murder.

b. A is guilty of culpable homicide by negligence.

c. A is guilty of grievous hurt

d. A is guilty only of pick pocketing.

115. State in which of the foil owing, cases, P is guilty of attempting to commit the offence:

a. P, in order to forge a document purporting to be executed by Q, sends his servant to buy a stamp paper in the name of Q. As the servant reaches stamp shop, he is arrested.

b. P shoots at Q whose back is towards him. The attempt fails as Q is beyond the range of the gun.

c. P pours half' a pint of substance from a bottle marked "poison" into the whisky of Q. Q is not aware. It turns out that bottle did not contain any poison.

d. P administers some noxious substance to a woman so that an abortion results. The woman was not pregnant.

116. According to the BNS, which one among the following is not an offence?

a. Preparation to wage a war against the State

b. Preparation to commit dacoity

c. Preparation to commit murder

d. Preparation to commit depredation on the territory of a friendly power

117. The expression "unsoundness of mind"

a. Is not defined in BNS

b. Is defined in BNS

c. Is not treated as equivalent to insanity

d. Is not general exception in BNS

118. ‘A’ committed an offence on October 1, 2010. On the said date the prescribed punishment for the offence was 3 year imprisonment. By an amendment on October 1, 2011 the punishment for the offence was enhanced to 7 years imprisonment. The trail was concluded on October 10, 2011 and ‘A’ was found guilty.

a. ‘A’ will be sentenced with 3 years imprisonment

b. ‘A’ will be sentenced with 7 years imprisonment

c. ‘A’ will be sentenced for between 3 and 7 years imprisonment

d. Any of the above

119. Which of the following statement is/ are correct?

a. Preparation to commit dacoity is not an offence.

b. Preparation to commit murder is not an offence.

c. Attempt to commit murder is not an offence

d. Both (a) & (b) above.

120. Preparation and attempt are two stages of commission of crime. Preparation is not punishable generally but attempt is. One basic reason as to why preparation is not punishable is that there:

a. Is no nexus between preparation and attempt.

b. Can be chances of change of mind before commission of offence

c. Is absence of intention.

d. Is absence of attempt.

121. Illegal signifies:

a. Everything which is an offence

b. Everything which is prohibited by law

c. Everything which furnishes ground for civil action

d. All the above

122. In which of the following cases, the punishment must be 'simple'

a. Refusing to take oath.

b. Disobedience to an order duly promulgated by a public servant.

c. Wrongful restraint.

d. All of the above.

123. Which one of the following is not a "Public Servant"—

a. Liquidator

b. A Civil Judge

c. Member of a panchayat assisting a Court of Justice

d. Secretary of a Co-operative Society

124. The causing of death of child in the mother's womb is not homicide under

a. Indian law only

b. English law only

c. Both English and Indian law

d. Neither in Indian law nor in English law

125. The principle of criminal liability— 'actus non facit reum nisi mens sit rea' was developed and adopted by:

a. The Equity Courts

b. The Indian Courts

c. The Common Law Courts

d. None of these

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

Assertion (A): A did not try to extinguish fire so that he could earn more money from insurance company, held guilty of Arson.

Reason (R): Actus non facit reum, nisi mens sit rea.

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

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

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

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

127. "To preserve one's life is generally speaking a duty, but it may be the highest duty to sacrifice it." This observation was made in Queen v. Dudley and Stephens by

a. Lord Denman

b. Lord Coleridge

c. Lord Acton

d. Justice Pollock

128. The word 'illegal' is applicable to everything which

a. Is an offence

b. Is prohibited by law

c. Furnishes ground for civil action

d. All the above

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

a. Mens rea — R v. Prince

b. Necessity — D.P.P. v. Beard

c. Insanity — McNaughten's case

d. Intoxication — Basudeo v. State of Pepsu

130. The maxim 'Ignorantia juris non excusat means

a. Ignorance of law is no excuse

b. Ignorance of fact is no excuse

c. Ignorance of law is an excuse

d. Ignorance of fact is an excuse

131. Irresistible impulse is a defence

a. In India

b. In England

c. In India and England both

d. Neither in India nor in England

132. "Execution of death sentence by public hanging is barbaric and violative of Article 21 of the Constitution of India, even if any Jail Manual provides for the same." It has been held by the Supreme Court in case of:

a. Bachan Singh v. State of Punjab

b. T.V. Vatheeswaran v. State of Tamil Nadu

c. Attorney General of India v. Lachma Devi

d. Rameshvar and another v. State of U.P.

133. Match List-I with List-II and select the correct answer by using the code given below the lists:

List-I List-II

A. Rex v. Levett 1. Murder

B. Tabu Chetia v state of assam 2. Criminal

conspiracy

C. Vijayan v.State of Kerala 3. Insanity

D. State of U.P. v. Virendra Prasad 4. Mistake of fact

Code:

A B C D

a. 1 2 3 4

b. 1 3 4 2

c. 4 3 2 1

d. 3 4 2 1

134. Point out the statement which is wrong.

a. International destruction of property for causing wrongful loss to any person is 'mischief

b. Intentionally putting any person in fear' of injury and thereby dishonestly inducing him to deliver any property is 'extortion'.

c. Five or more persons conjointly committing robbery amounts to 'dacoity'.

d. Two or more persons quarrelling anywhere commit 'affray'.

135. Which of the following case is known as Nasik Conspiracy case?

a. Vinayak Damodar Savarkar's case

b. Bal Gangadhar Tilak's case

c. Madhu Limaye's case

d. None of the above

136. To which of the following offences the Apex Court judgment in Abhayanand Mishra v. State of Bihar is related to?

a. Sections 318 and 62 of BNS

b. Section 62 of BNS only

c. Section 318 of BNS only

d. None of the above

137. Which of the following is not a "sine qua non" for making a person criminally liable

a. Actus reus

b. Mens rea

c. Motive

d. All the above

138. Which one of the following recognizes the principle of vicarious criminal liability under BNS?

a. Section 3(5)

b. Section 190

c. Both (a) and (b)

d. None of the above

139. Which of the following statement/ statements is/are correct?

I. Mens rea means guilty knowledge of the wrong-doer

II. BNS does not negate mens rea but requires mens rea of specific kind

III. Offences of kidnapping and abduction are punishable without mens rea

IV. Mens rea is basic ingredient in a crime

Codes:

a. Only (ii) is correct

b. (i), (ii) and (iii) are correct

c. (ii), (i) and (iv) are correct

d. (i), (ii), (iii) and (iv) all are correct

140. In which of the following cases the court held that when an under trial prisoner was put in a separate cell only as a precautionary measure to ensure his non-mingling with other prisoners and for his security, it did not amount either to solitary confinement or cellular confinement?

a. Perrarivalan v. LG. Prison, Madras

b. Tula Ram v. State of Rajasthan'

c. State of Punjab v. Sohan Singh '

d. Kehar Singh v. Union of India

141. Match List I with List II and give the correct answer by using the codes given below the lists:

List I List II

a. Chapter XIX (i) Repeal and savings

b. Chapter XVII (ii) of offences

affecting the

Human Body

c. Chapter XX (iii) of Defamation

d. Chapter VI (iv) of offences

against property

Codes

a b c d

a. (i) (ii) (iii) (iv)

b. (iii) (iv) (i) (ii)

c. (ii) (iii) (iv) (i)

d. (iv) (i) (ii) (iii)

142. Match List-I with List-II and give the correct answer by using the codes given below the lists:

List-I List-II

a. Affray (i) Section 33

b. Trifles (ii) Section 324

c. Mischief (iii) Section 351

d. Criminal

Intimidation (iv) Section 194

Codes:

a b c d

a. (iv) (i) (ii) (iii)

b. (i) (ii) (iii) (iv)

c. (ii) (iii) (iv) (i)

d. (iii) (iv) (i) (ii)

143. When did BNS come in to force?

a. 2025

b. 2022

c. 2024

d. 1863

144. The Supreme Court of India has observed a clear distinction between dishonestly and fraudulently in the case of

a. Nathu Lai v. State of M.P. '

b. Central Bank of India v. Narain

c. Mubarik AH v. State of Bombay

d. Vimla Devi v. Delhi Administration

145. Theft under BNS differs from larceny in English Law which contemplated

a. Permanent gain and loss

b. Loss of property

c. Moving of property

d. Denying the owner of his property

146. Preparation and Attempt are two stages for commission of an offence. Preparation is generally not punishable. The reason for making preparation not punishable is:

a. Lack of relationship between preparation and attempt

b. Possibility of change in mind before commission of the offence

c. Absence of intention

d. Absence of attempt

147. Doctrine of mens rea is NOT attracted to which of the following categories of offences?

a. Relating to fraud

b. Relating to bodily injury

c. Relating to offence against state

d. Strict liability

148. Minimum punishment as imprisonment provided under BNS is:

a. One week

b. 24 hours

c. 12 hours

d. 08 hours

e. None of these

149. Which of the following is correct sequence of stages in a crime?

a. Intention, Attempt, Accomplishment, Preparation

b. Intention, Preparation, Attempt, Accomplishment

c. Preparation, Intention Attempt, Accomplishment

d. Preparation, Motive, Attempt and Accomplishment

e. None of these

150. In which of the following mens rea has been considered to be an essential element of an offence?

a. Srinivasmal Barolia v. Emperor

b. R. v. Tolson

c. Nathulal v. State of Madhya Pradesh

d. In all of the above

151. The grounds for punishing Prince in R. v. Prince was—

a. Prohibited act done by Prince

b. Illegal act done by Prince

c. Knowingly committing of civil wrong by Prince

d. Illegal and prohibited act done by Prince

152. In which one of the following cases the Supreme Court of India has held that wife cannot be charged for harboring her husband?

a. State v. Ratan Singh

b. State of Tamil Nadu v. Nalini

c. Ai Narain Mishra v. State

d. Sardara Singh v. State

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