Deck 4: Justifiable Homicide, Consent, and Defence in the Penal Code

Question 1

Homicide is justifiable as provided:

A)Under Section 76 of IPC
B)Under Section 77 of IPC
C)Under Section 78 of IPC
D)All of these.

Answer 1

All of these.

Question 2

If death of a major person is caused with his consent, suffers death or takes the risk of death with his known consent:

A)It is a murder
B)It is not a murder
C)It is a homicide
D)None of the above.

Answer 2

It is not a murder

Question 3

An act will not be an offence, done by:

A)Accident or misfortune.
B)Accident or misfortune, without any criminal intention or knowledge.
C)Accident or misfortune, without any criminal intention or knowledge of a lawful act in a lawful manner.
D)Accident or misfortune, without any criminal intention or knowledge of a lawful act in a lawful manner by lawful means, and with proper care and caution.

Answer 3

Accident or misfortune, without any criminal intention or knowledge of a lawful act in a lawful manner by lawful means, and with proper care and caution.

Question 4

Nothing is an offence which is done by a person who a:

A)60-year-old man
B)6-year-old boy
C)12-year-old girl
D)18-year-old girl.

Question 5

Voluntary intoxication:

A)Makes an offence more serious or increase the gravity of an offence.
B)Is a weak defence to a criminal charge
C)Is no excuse for the commission of an offence
D)Reduces the gravity of all the offences.

Question 6

Which is correct:

A)The right of private defence is available only to adults
B)The right of private defence is available only to those who are capable of to lawfully commit crime.
C)The right of private defence is available only to the public servants
D)The right of private defence is available to all, irrespective of age and capacity.

Question 7

Every person has a right to defend him:

A)Against any offence affecting the human body
B)And the body of his friends, against any offence affecting the human body
C)And the body of any person, against any offence affecting the human body
D)None of the above

Question 8

Under Section 80, the exception of accident is available when an offence is committed while:

A)Doing a lawful act in a lawful manner by lawful means.
B)Doing a lawful act in any manner by any means
C)Doing a lawful act in a lawful manner by any means
D)None.

Question 9

Section 82 of IPC enunciates

A)A presumable of facts
B)A rebuttable presumption of law
C)A conclusive or irrebuttable presumption of law
D)None.

Question 10

Section 84 of IPC provides for

A)Medical insanity
B)Legal insanity
C)Moral insanity
D)None.

Question 11

The defence of consent applies to

A)Private wrongs
B)Public wrongs
C)Both (a) and (b)
D)None.

Question 12

The right of private defence is contained in

A)Section 94 of IPC
B)Section 95 of IPC
C)Section 96 of IPC
D)None

Question 13

Right to private defence is:

A)Available under all circumstances
B)Available where there is time to have the resource to the protection of public authorities
C)Available where there is not time to have resource to the protection of public authorities
D)None.

Question 14

Right of private defence is not available.

A)To the aggressor
B)To the person who is attacked.
C)To the aggressor against an act done in private defence by the person attacked.
D)None.

Question 15

Right to private defence of the body extends to causing death has been dealt with under:

A)Section 100 of IPC
B)Section 101 of IPC
C)Section 102 of IPC
D)None.

Question 16

Section 97 of IPC extends the right of private defence of property, to the offence of:

A)Cheating
B)Misappropriation
C)Theft & Robbery
D)None.

Question 17

The extent to which the right of private defence of body causing death can be exercising is laid down in

A)Section 100 of IPC
B)Section 95 of IPC
C)Section 99 of IPC
D)None.

Question 18

X while in the state of voluntary intoxication kills Z. prosecution fails to establish that X could form an intention of a sober man. X is guilty of:

A)Murder
B)Culpable homicide not amounting to murder
C)Death by rash or negligent act
D)No offence.

Question 19

Which of the following statements is correct?

A)Inevitable accident is not a defence at all but only a denial of liability.
B)Inevitable accident is not a denial of liability but only a defence
C)Inevitable accident is both defence and denial of liability
D)Inevitable accident is a chance event and can neither be a defence not a denial of liability.

Question 20

Give correct response. In most of the defences, which a person being prosecuted for the commission of a crime, may plead, it is essential that the act alleged must have been done in good faith. Good faith means:

A)A simple and actual belief that the act is not contrary to law and whether a reasonable man would have done that act.
B)An act in fact done honestly whether it is done negligently or not.
C)A reasonable and bonafide belief that the act done is not contrary to law and an act done with
D)Logical infallibility in so far as the doing of act is concerned.

Question 21

Give correct response. A, the accused was an educated person living in a town where medical attendance was available, chained up his brother, who was suffering from periodical fits of violent insanity, for over three months in a unnecessarily cruel manner. Held that:

A)The accused acted in good faith because every reasonable man would have acted in a similar way in those circumstances.
B)The accused acted in good faith for the benefit of his brother and was, therefore, not liable.
C)The accused acted in good faith because whatever he did was, in his judgment, in the interest of his brother and he reasonably believed that it was for his good, more over the chaining was without any malice or mens rea.
D)The accused did not act in good faith because he failed to exercise due care and attention in as much as he did not avail of the medical care, instead hastened to subject the victim to undue cruelty.

Question 22

Sec. 76 says -- Nothing is an offence which is done by a person who is or who by reason of :

A)Mistake of fact believes himself to be right to do it.
B)Mistake of fact believes himself to be bound by law to do it.
C)Mistake of law in good faith believe himself to be bound by law to do it.
D)Mistake of fact in good faith believes himself to be bound by law to do it.

Question 23

A an officer was ordered to arrest B, believing Z to be B, he arrest Z.

A)A has committed no offence.
B)A has committed an offence.
C)A has committed no offence by reason of mistake of fact under Sec. 76.
D)None of the above.

Question 24

A soldier beats an innocent person by the order of his superior officer :

A)A is not entitled to get defence under Sec. 76.
B)A is entitled to get defence as he was obeying the order of his superior offence.
C)A is entitled to get defence under Sec. 76.
D)A's officer will be liable only.

Question 25

Give incorrect response. The following are essentials of defence of mistake of fact under section 76 of the Penal Code:

A)In mistake there must be an act done by a person who is either bound by law or believes himself to be bound by law in doing an act.
B)Mistake may either relate to a fact or to law.
C)The belief must be by reason of a mistake of a fact.
D)Belief must be a bonafide belief in good faith.

Question 26

According to Sec. 79 -- "Nothing an offence which is done by any person who is justified by law and who by reason of mistake of fact in good faith believes himself to be :

A)Bound by law in doing it.
B)Justified by law in doing it.
C)Right in doing it.
D)None of the above.

Question 27

A attacked with sword B who was behind the bush believing B to be a tiger :

A)A is entitled to get benefit under Sec. 76 and 79 both.
B)A is entitled to get benefit under Sec. 76.
C)A is entitled to get benefit under Sec. 79.
D)A is not entitled to get any benefit.

Question 28

Give the correct response?

A)Mistake of fact in a criminal case is not a good defence.
B)Mistake of law in a criminal case is not defence.
C)Mistake of law in a criminal case may be a good defence.
D)None of the above.

Question 29

The maxim ignorantia juris non excusat does mean :

A)Mistake of court is no defence.
B)Mistake of judicial act is no defence.
C)Mistake of fact is no defence.
D)Mistake of law is no defence.

Question 30

Point out incorrect response. The following are ingredients of section 79 of the Indian Penal Code:

A)Such a belief must be by reason of a mistake of fact and not by reason of a mistake of law.
B)Act must have been done by a person who is either justified by law or believes himself to be justified by law in doing it.
C)One must be legally bound to do that act and not only legally justified to do it.
D)Belief must be a bona fide belief in good faith.

Question 31

Point out incorrect response. The following are the ingredients of the defence of accident under section 80 I.P.C. :-

A)The act must not be done with any criminal intention or knowledge.
B)The act must be an accident or misfortune and it must have been done with proper care and
C)The accident must be the outcome of a lawful act, done in lawful manner, by lawful means.
D)The act may be done with the knowledge of the consequences but in no case the act should have been done with criminal intention.

Question 32

Give correct response. In the following cases the defence of accident may successfully be claimed :

A)A was driving a pair of horses without reins. B was walking on the road and was intoxicated. A called out to him twice to get out of the way but since the speed of the horses was high B was run over and killed.
B)A big party consisting of about 100 men went out for shooting pigs. A boar rushed towards the accused who fired at her, but he missed the boar and shot struck the leg of a member of the party.
C)A trespassed into B's house in his absence and no return B demanded A to leave but A refused to do so. This led to an altercation which excited B who gave him a kick causing injury resulting in death.
D)A takes up a gun, not knowing whether it is loaded or not, posits it in sport at B and pulls the trigger. B is shot dead.

Question 33

Give correct response. A and his wife W went to have dinner with a friend. He carried his gun with him, and before going to dinner he discharged the gun and kept it in a private place in his friend's house. A, then went to church after dinner and in the night returned home with his gun. He carried the gun in the room. He in taking it up touched the trigger and the gun went off and killed the wife. It was found that when A was away to church another man had privately taken the gun out to shoot and had returned it loaded to the place where it was put in the friend's house. In this case :

A)A was negligent in so far as he did not try to ascertain whether the gun was loaded or not, therefore, he would be liable for negligently causing his wife's death.
B)A is liable not for murder but for culpable homicide because he would have exercised greater caution in handling the gun.
C)A has acted in a mistaken belief that the gun was not loaded, therefore, he was entitled to the defence of mistake and will not be liable.
D)A would not be liable because death was caused by accident as he had reasonable ground to believe that the gun was not loaded.

Question 34

Point out incorrect response. Mistake means and implies :

A)That facts exist.
B)That the sense impressions of facts i.e., sense is known as erroneous.
C)The sense impressions of facts (which we call sense) are different from the facts and that sense fit or do not fit the facts.
D)That erroneous sense are for a time accepted as true.

Question 35

Give incorrect response. The following are the essential conditions of criminal liability.

A)Knowledge that the act is prohibited by law.
B)Knowledge of facts upon which the good and evil of an act may depend.
C)Intelligence to distinguish between good and evil.
D)Free will.

Question 36

Point out incorrect response. The following are some of the illustrations of defence of mistake of fact:

A)A in a moment of delusion thought that has only son was a tiger and he assailed him with an axe, thinking by reason of mistake of fact, that he was justified in destroying the deceased whom he did not regard to be a human being but who, as he thought, was a dangerous animal.
B)A was awakened in the night by strange noises in his house ; thinking that he was attacking a burglar, he ran his sword through a cabinet where the intruder was hiding and killed a friend of his servant present by the latter's invitation.
C)A was charged for selling liquor to B, an intoxicated person who had given no indication of intoxication. There the statute made it an offence for any licensed person to sell any intoxicating liquor to any drunken person. A did not know that B was intoxicated.
D)A, a rail conductor forcibly ejects a passenger believing that the passenger has not paid his fare. The passenger persistently refuses to pay or to show his ticket.

Question 37

Give correct response. A sees Z commit what appears to A to be murder. A in the exercise of the best of his judgment, exerted in good faith of the power which the law gives to all persons of apprehending murderers in the act seizes Z, in order to bring Z before the proper authorities, Later it was found that Z was acting in self-defence. Here:

A)A is liable because he has failed to make reasonable inquiries which must have elicited the true facts whether Z was a murderer or acting in self-defence.
B)A is liable for wrongfully apprehending Z because Z was acting in self-defence.
C)A is liable because he was neither bound by law nor justified by law to apprehend Z on a simple belief that Z was a murderer.
D)A has committed no offence because he is entitled to the defence of mistake of fact under section 79 of the Penal Code.

Question 38

The accused was convicted of bigamy having gone through ceremony of marriage within 7 years after she had been deserted by her husband. She believed in good faith that her husband was dead. In this case :

A)she cannot be convicted as she was ignorant about 7 years rule. Exclusive group for Judicial Services Preparation
B)she can be convicted.
C)she cannot be convicted as she is mistaken by the fact.
D)she cannot be convicted of bigamy as she had been deserted by her husband.

Question 39

The accused took an unmarried girl below the age of sixteen without her father consent in a bonafide belief that girl was older than 16 :

A)As the tabbing in itself is unlawful and so cannot avail defence under sec. 79.
B)Accused can take good defence of mistake of fact.
C)Accused cannot take this defence as it is not a mistake of fact
D)None of the above.

Question 40

When the act in itself is wrongful the defence of mistake of fact cannot be availed. It was held in an English case

A)R Vs. Prince.
B)R Vs. Tolson.
C)Baily case.
D)None of the above.

Question 41

Nothing is an offence which is done by :

A)Misfortunate
B)Accident
C)Both (a) and (b)
D)None of the above

Question 42

Nothing is an offence which is done without any criminal intention and knowledge in the doing of :

A)Lawful act in a lawful manner by lawful means.
B)Lawful act in a lawful manner by lawful means and with proper care and caution.
C)Any act in a lawful manner by lawful means.
D)Unlawful act in a lawful manner by lawful means.

Question 43

A is at work with hatch, the head flies off and killed a person

A)Act of A is an offence and not executable.
B)A is guilty of not taking proper caution and care.
C)Act of A is an offence and executable.
D)None of the above.

Question 44

Sec. 81 says that nothing is an offence of its being done with the knowledge:

A)To void or harm to other.
B)Without any criminal intention.
C)Both (a) and (b).
D)None of the above.

Question 45

Nothing is an offence of its being done with the knowledge that it is likely to cause harm, without any criminal intention and in good faith :

A)To avoid any harm to other person.
B)To avoid and prevent harm to other is property.
C)To avoid and prevent harm to other person.
D)To avoid and prevent harm to other person and property.

Question 46

Give the correct response?

A)A statute can exclude that element.
B)Mens Rea is an essential ingredient of criminal offence.
C)Both (a) and (b).
D)None of the above.

Question 47

Mens Rea is an essential element in every offence except in :

A)Cases criminal in form but which are really only a summary made of enforcing a civil right.
B)Cases not criminal in any real sense.
C)Cases of public nuisance.
D)All of these.

Question 48

A&B, swimming in the sea after ship wrecked, got hold of a plant not large enough to support both. A pushes of B who is drowned. In this case of B who is drowned. In this case :

A)A has good defence under SC 81.
B)A cannot take the defence under this Sec.
C)Cannot say.
D)None of the above.

Question 49

A man in order to escape death from hunger kills another for the purpose of eating :

A)He is guilty of murder.
B)He has good defence under Sec. 81.
C)Although he is guilty but not of murder.
D)None of the above.

Question 50

A Bus driver suddenly without any fault or negligence on his part finds himself in such a position that before he can stop the bus he will run down a school children metador unless he incur the risk of turning the bus running down a Rickshaw poles. He choose second option

A)He is not guilty as he has good defence under Sec. 81.
B)Cannot say.
C)He is guilty of death by rash and negligent driving.
D)None of the above.