BHARATIYA NAYAY SANHITA,2023 ( IPC ) CH-2 GENERAL EXPLANATIONS (Section 6- 52A)

1. The 'doctrine of joint liability' as envisaged by Section 34 of the Indian Penal Code, 1860 is based on the decision of the following:

[ UP JS 2018]

a) Barendra Kumar Ghosh v. Emperor

b) Mulcahy v. R.

c) Pandurang v. State of Hyderabad

d) Reg. v. Crusie

2. Indian Penal Code the pronoun 'he' and its derivatives are used for -

[RCJ 2014,UP HJS 2018]

a) Male

b) Female

c) Any person whether male or female

d) Such words are not used in the Code

3. Who, according to Section 21 of Indian Penal Code, 1860, is not a public servant:

[RAJ HJS 2012,UP HJS 2018]

a) A commissioned officer in the Indian Army, Navy, and Air Force.

b) An arbitrator to whom any cause has been referred for adjudication by the court of justice.

An officer, who by virtue of his office is empowered to place or keep any person in confinement

d) An advocate, who practices law in a court of justice.

4. Which one of the following Sections of the Indian Penal Code ,1860 defines the word "Act"?

[UP PCS CJ 2015]

a) Section 32

b) Section 33

c) Section 23

d) Section 24

5. Section 34 of the Indian Penal Code,1960;

[DU LLM Entrance 2011, WB SCJS 2011,JHS 2011,UP PCS CJ 2015,BIHAR HJS 2019]

a) creates a substantive offence

b) is the rule of evidence

c) both (a) and (b)

d) neither (a) nor (b)

6. The definition of movable property under Section 22 of the Indian Penal Code,1860 excludes...

[UP HJS 2014]

a) Land

b) Things attached to the earth

c) Things permanently fastened to anything which is attached to the earth

d) All of the above

7. The phrase "in furtherance of common intension of all " used in Section 34 of Indian Penal Code, is

[UP PCS CJ 2013]

a) in the original draft

b) added by Amendment Act of 1870

c) not at all there

d) added by Amendment Act of 1986

8. Who among the following is not a public servant ?

[UP APO 2009]

a) Chief Minister of a State

b) Chairman of the Central Board of Film Censors

c) Surveyor of an Insurance Company

d) Employee of a 'Nationalized Bank'

9.Which of the following is not a meaning of the expression 'common intension' under Section 34 of the Indian Penal Code ?

[UP APO 2009]

a) A prearranged plan, prior meeting of minds, prior consultation in between all the persons constituting the group

b) A desire to commit a criminal act without any contemplation of the consequence

c) The mens rea necessary to constitute the offence that has been committed

d) Evil intent to necessarily commit the same offence which is committed

10. When a criminal act is done by several persons in furtherance of common intention of all:

[MP APPO 2009,UP HJS 2009,PJS 2011,HADA 2016]

a) each of such person is liable for that act

b) each of such person is liable for that act in the same manner as if it were done by him alone

c) each of such person is liable according to his guilt

d) none of the above is correct

11. "Wrongful gain" and "wrongful loss" have been defined under Indian Penal Code,1860 in -

[UP PCS CJ 2008, UK CJS 2018]

a) Section 22

b) Section 23

c) Section 24

d) Section 27

12. Which one of the following elements is not essential for the applications of Section 34 of the Indian Penal Code ,1860?

[UP PCS CJ 2008]

a) common intention.

b) commission of an offence.

c) number of offenders be five

d) offence should be committed in furtherance of common intention

13. When a criminal act is done by several persons in furtherance of common intention of all, each one of them is liable ?

[UPSC CS 1998, UP APO 2006,PJS 2010]

a) For an attempt to commit the act

b) for the abetment of the act

c) only for the part each one has done

d) as if it was done by each one of them in singular capacity

14. Which one of the following is not a valuable security ?

[UP PCS 2003]

a) A postal receipt for an insured parcel

b) A rent note

c) A promissory note

d) A deed of divorce

15. Which one of the following is not an essential element of Section 34 of Indian Panel Code ?

[UP PCS 2003]

a) Criminal act done by several persons

b) Criminal act done in furtherance of common intention

c) Pre- arranged plan between persons doing criminal act

d) Act done in furtherance of common object

16. Common intention means-

[UP APO 2002,HPJ 2009]

a) Similar intention

b) Same intention

c) Sharing of intention by all persons

d) Common plans

17. The word 'good faith' is defined in the Indian Penal Code in

[UP APO 2002,HPJ 2009]

a) Section 44

b) Section 51

c) Section 52

d) Section 52A

18. Good faith within the meaning of the Indian Penal Code means :

[UPSC CS 1999,UPSC 2001,UJS 2014, DU LLM Entrance 2015, AILET 2016, DJS 2018-19]

a) an act done with due care and attention

b) an actual belief that the act done is not contrary to law

c) an act, in fact, done honestly

d) an act done under bona fide belief

19. Section 34 of the Indian Penal Code regarding a criminal act done by several persons in furtherance of the common intention of all is -

[DJS 2019]

a) a separate offence itself punishable separately.

b) only a rule of evidence and does not create a substantive offence.

c) attracted in cases of criminal conspiracy

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

20. The difference between Section 34 and Section 149 of IPC is that-

[HJS 2011,DJS 2014,2015,DU LLM Entrance 2015,2016,jhar JS 2019]

a) Section 34 deals with group liability whereas Section 149 deals with unlawful assembly

b) Section 34 requires five persons whereas Section 148 requires minimum of two

c) Section 34 requires active participation whereas Section 149 is attracted even on membership of the unlawful assembly

d) Section 34 is a substantive offence whereas Section 149 is a rule of evidence only

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BHARATIYA NAYAY SANHITA,2023 ( IPC ) CH-2 GENERAL EXPLANATIONS (Section 6- 52A)

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