BHARATIYA NAYAY SANHITA,2023 ( IPC ) CH-1 INTRODUCTION [Section 1-5]

Welcome to your BHARATIYA NAYAY SANHITA,2023 ( IPC ) CH-1 INTRODUCTION [Section 1-5]

1. A national of Pakistan fires from the other side of the borders and a person within the Indian border is killed. The relatives, friends and other Indians rush and drag the Pakistani to border Indian Police Station Can the Indian courts try the accused for murder ?

[UP APO 2009 ]

a) No, Indian courts have no jurisdiction

b) Yes

c) He shall be handed over to the Pakistan authorities for trial in Pakistan

d) None of the above

2. Whether IPC, 1860 applies to an offence committed by a citizen of India outside India ?

[DJS 2018]

a) Yes

b) No

c) If the offence is associated and has nexus with another offence committed in India.

d) Only if there is a mutual treaty between India and the country in which the offence was committed.

3. The word "injury" under the Indian Penal Code denotes:

[Del HJS 2017-18]

a) only physical injury

b) only physical and mental injury

c) only harm to body and property

d) harm to body, mind, reputation or property

4. 'A' a foreigner stabbed 'B' another foreigner in a foreign vessel on the high seas. Both 'A' and 'B' were brought to Bombay for treatment where 'B' died. 'A' is also available in Bombay. Which one of the following propositions is correct in respect of applicability of Indian Penal Code (IPC) to trial of 'A'?

[UPSC CS 1994, DJS 2010]

a) As both the deceased and the accused belong to foreign countries and the occurrence of offence has taken place on the high seas, IPC is not applicable to 'A' and hence he cannot be prosecuted in India

b) IPC is absolutely not applicable to a foreigner and hence 'A' cannot be tried in India

c) As the offence is completed in India territories and accused 'A' is available in India. IPC is applicable and he should be tried at Bombay

d) As IPC is applicable to Indians as well as to foreigner's 'A' must be tried in India

5. A citizen of India committing an offence outside India may be tried under IPC, 1860. (True Or False)

[DJS 2007]

a) true

b) false

6. Under which of the following situations would the Indian Courts have jurisdiction ? 1. Crime committed by an Indian in a foreign country . 2. Crime committed by a foreigner in India . 3. Crime committed by a person on an Indian ship. select the correct answer using the codes given below:

[UPSC CS 1996, HJS 2010, UGC-NET 2018,JHARKHAND JS 2019]

a) 1 and 2

b) 1 and 3

c) 2 alone

d) 1,2 and 3

7. A, an Indian citizen commits adultery in England, which is not an offence in the country, The alleged offence can be tried by;

[MP PCS 1996.MP APPO 2009]

a) The court within whose jurisdiction the adultery committed

b) The court of judicial Magistrate first class situated at any place in India at which he may be found

c) International court of justice

d) The supreme court of India

8. 'A' who is a citizen of India, commits a murder in England. He is found in Indore and arrested accordingly. Where can 'A' be tried?

[MP APPO 2008]

a) at New Delhi, the capital of India

b) at Bhopal , the capital of M.P.

c) at Indore , where he was found

d) at any place in India

9. 'A' who is a citizen of India commits murder in Uganda. He is arrested in Delhi. He can be tried and convicted or murder -

[MP PCS 2001, HPJS 2009]

a) Only in Uganda

b) Only in that country of which the deceased was a citizen

c) In any one of the above

d) In Delhi

10. An Indian citizen murders a French citizen in Paris and absconds. He is found by Indian police in Mumbai . He (with previous sanction of Central Government ) can be :

[HJS 2017]

a) prosecuted in India at the place fixed by Foreign Ministry

b) prosecuted in national capital New Delhi only

c) prosecuted in Mumbai only

prosecuted at any place as per the request of French Government

e) None of the above

11. 'A' a Spanish citizen, who was residing in Paris, instigated the commission of an offence which in consequence was committed in India. He

[RJS 2011]

a) is liable as the offence was committed in India

b) is liable since the Indian Penal Code also extends to extra- territorial acts

c) can be held liable because the offence was to be committed in India

d) cannot be held liable because instigation was not given on Indian territory

12. 'Ranbir Penal Code' application in the State of Jammu and Kashmir was repealed by the Indian Penal Code . Which of the following achieved the replacement ?

[UK PSC 2023]

a) J&K Reorganization Bill, 2019

b) J&K Reorganization Act,2019

c) Constitution (Application to J&K) Order, 2019

d) Constitution (103rd Amendment) Act,2019

13. Which one of the following Sections of the IPC defines its intra- territorial jurisdiction ?

[HP JS 2018]

a) Section 4(1)

b) Section 4(2)

c) Section 2

d) Section 3

14. Who are not exempted from intra territorial Jurisdiction of the Indian Penal Code ?

[HPJS 2011]

a) The President of India and the Governor of States

b) Public

c) Foreign Sovereigns and Ambassadors

d) Alien Enemies

15. The IPC,1860 came into enforcement on:

[HPJS 2011]

a) October 6,1862

b) January 1, 1862

c) October 6, 1860

d) January 1, 1860

16. The provision relating to extension of Indian Penal Code to extra-territorial offences is provided in Section ........of the Indian Penal Code:

[APJS 2012]

a) 4

b) 5

c) 6

d) 7

17. Who amongst the following is exempted from the application of Indian Penal Code ?

[APJS 2012]

a) President of India

b) Diplomats

c) Alien enemy

d) All of the above

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BHARATIYA NAYAY SANHITA,2023 ( IPC ) CH-1 INTRODUCTION [Section 1-5]

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