BNS CHAPTER 20, MISCELLANEOUS

Welcome to your BNS CHAPTER 20, MISCELLANEOUS

1. Which one of the following recognizes the principle of vicarious criminal liability under India Penal Code ,1860 ?

[UP PCS CJ 2015]

a) Section 34

b) Section 149

c) Both (a) and (b)

d) None of the above

2. Find out which of the following statement is wrong.

[UP PCS CJ 2013]

a) Intentional 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 jointly committing robbery amounts to dacoity

d) Two or more persons fighting anywhere commit 'affray'.

3.Which one of the following statements is not true ?

[UP HJS 2012]

a) For an unlawful assembly the number of persons must be five or more

b) Mere presence of a person at the scene of offence does not make a member of an unlawful assembly

c) An assembly which was not unlawful when it assembled may subsequently become an unlawful assembly

d) When the accused person are charged for committing mischief and for rioting separately, the acquittal from charge of mischief would entail automatically acquittal from charge of rioting.

4. Theory of retribution -

[UP HJS 2012]

a) is a theory in which exemplary punishment shall be given to criminal

b) is a theory that a criminal should be punished in proportion to his offence

c) is a theory in which the criminal must be reformed

d) is a theory in which criminal should be sent to open jail

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

[UP JS 2006, 2012, Jhar APO 2012]

a) Sherras v. De- Rutzen

b) R v. Dulley and Stephen

c) Harding v. Price

a) R v. Prince

6. 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 -

[UP PCS CJ 2012]

a) Lond Denman

b) Lund Coleridge

c) Land Action

d) Justice Pollock

7. The word 'illegal' is applicable to everything which -

[UP PCS CJ 2012]

a) is an offence

b) is prohibited by law

c) furnishes ground for civil action

d) all the above

8. Distinction between Section 34 and 149 of IPC has been authoritatively expounded by the Supreme Court in :

[ UP APO 2009]

a) State of Maharashtra v. M.H. George

b) Guru Deo Singh v. State of Punjab

c) Ram Kumar v. State of Haryana

d) Nanak Chand v. State of Punjab

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

[UP APO 2009]

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

b) 'A' administers a poisonous drug to a woman 'B' with an intention to cause miscarriage, but the woman was not pregnant

c) 'A' takes away his own umbrella thinking it to be of someone else

d) 'A' goes to Kolkata to buy dyes to make counterfeit currency notes

10. Which one of the following is an inchoate crime ?

[UPSC CS 2005, Jhar APO 2012, UP APO 2006,2009]

a) Riot

b) Criminal attempt

c) Unlawful assembly

d) Public nuisance

11. Which one of the following is not an essential ingredient for commission of an offence ?

[MP APO 2002, UP PCS CJ 2008]

a) intention

b) motive

c) prohibited

d) punishment

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

[UP PCS CJ 2005]

a) Ratan Singh v. State of Punjab

b) State of Tamil Nadu v. Nalini

c) Jai Narain Mishra v. State of Bihar

d) Sardar Singh v. State of Haryana

13. Which one of the following is an incomplete crime ?

[ UP APO 2006, UJS 2006]

a) Public Nuisance

b) Criminal Attempt

c) Unlawful Assembly

d) Riot

14. Which one of the following is not generally an essential element of crime ?

[UP PCS 2003]

a) Actus reus

b) Mens rea

c) Motive

d) Human being

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

[UP PCS 2003]

a) Abhayanand Mishra 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

16. Which one is not an essential ingredient of a crime ?

[UP APO 2002,HPJS 2007]

a) Motive

b) Evil intent

c) Human being

d) Act

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

[DAPP 2010 , HPJS 2012]

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 couplet 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

18. Strict liability in criminal law arises where :

[DAPP 2010]

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 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)

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

[DJS 2010]

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.

20. Several persons acting in concert, 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 ?

[DAPP 2005]

a) Extortion

b) Robbery

c) Rioting

d) No offence

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