Deck 7: The Right of Private Defense

Question 1

Give the correct response :

A)The true owner has right of P.D. if he dispossess the trespasser who is in settled possession.
B)Trespassers on the property of another cannot get any benefit of right of P.D.
C)Both (a) and (b).
D)None of the above.

Answer 1

Both (a) and (b).

Question 2

Some person, lawful tenant of Agriculture land having reasonable fear of being ejected by force, made a practice of keeping their clubs in readiness. They expected attack and one of them was killed in the fray.

A)Attackers are entitled to the right of P.D.
B)Tenants are entitled to the benefit of right of Private defence.
C)Both tenants and attacks can avail the right of private defence.
D)Tenants are not entitled to the benefit as they were prepared to anticipated any attacks.

Answer 2

Tenants are entitled to the benefit of right of Private defence.

Question 3

The father of the accused was attacked by the deceased and suffered a simple injury on his head, the accused in order to protect his father administered a fatal below on the chest of deceased with Ballam

A)The accused has no right of P.D..
B)The accused has the right of P.D..
C)Although accused has the right of P.D. he had exceeded it.
D)None of the above.

Answer 3

Although accused has the right of P.D. he had exceeded it.

Question 4

Give the correct response : Z under the influence of madness attempts to kill A.

A)A has no right of private defence.
B)Z is guilty of no offence.
C)Both (a) and (b).
D)None of the above.

Question 5

A new tenant A enters by night in the building, B another tenant, suspecting him to be thief attacked A. In this case :

A)A has right of PD.
B)A has no right of P.D. because of no offence was committed by B.
C)A has no right of PD.
D)A has right of P.D. because B is guilty of an offence.

Question 6

A police officer without any search warrant enters a house in search of stolen property in good faith. The owner obstructed and resisted the entrance:

A)He cannot plead the right of P.D. because police officer not justified was acting in good faith.
B)He is right to do that as police officer had no search warrant.
C)Cannot say.
D)None of the above.

Question 7

A police officer attempted to execute a warrant the issue of which was illegal. The accused is :

A)Justified in his resistance.
B)Is not justified as police officer was performing his duty.
C)Is not justified in his resistance.
D)Cannot say.

Question 8

In which of the following case the right of P.D. is executed:

A)A thief was held with his face down to ground to prevent his entrance by owner causing death of thief by suffocation.
B)A person attacked by spear struck a below with a club causing death.
C)In both case.
D)In None of the above case.

Question 9

In which case, the right of PD is exceeded

A)A person killed a weak woman found stealing at night.
B)A person attacked by another by a rod of iron struck a blow of lath:
C)A thief was caught red handed, and then beaten till his death.
D)In (a) and (c).

Question 10

The right of P.D. of the body extends to the voluntary causing of death if the offence is :

A)An assault with the gratifying lust.
B)An assault with the intention of kidnapping or abducting.
C)An assault with the intention of committing rape.
D)All of these.

Question 11

Give the correct response :

A)It cannot confer any right of P.D. on the accused person unless he apprehends physical violence from his opponent .
B)The right of private defence of the body extends to the voluntary causing of death of the offence is an assault as may reasonably cause the apprehension that death would otherwise be the consequence.
C)Both (a) and (b).
D)None of the above.

Question 12

Give the correct response

A)Even the husband cannot forcibly take out his wife from the house of his paramour.
B)The right of P.D. of the body extends to the voluntary causing of death if it is an assault with the intention of kidnapping.
C)Both (a) and (b).
D)None of the above.

Question 13

A was stabbed by B. His brother in law when he forcibly took his wife from his father in law house.

A)B is entitled to the benefit of PD.
B)B is guilty of causing death.
C)B is not entitled to the benefit of PD., as A is doing lawful act.
D)Cannot say.

Question 14

A person run away from a hotel without paying bill, he was caught by servants. In this course he killed one of the hotel servants. He took the plea of private defense.

A)He is not entitled to the right of P.D. as a person cannot take advantage.
B)He is entitled as right of PD extends to the causing of death against the assault of abduction.
C)Cannot say.
D)None of the above.

Question 15

Give the correct response :

A)The right of P.D. commences as soon as reasonable apprehension of danger, to the body arises from an attempts only not from threat.
B)Every person has right of private defence against the offence affecting his body.
C)Both a and b
D)None of the above.

Question 16

The right of PD property extends to the voluntary causing of death against the following offences :

A)House breaking by night.
B)Robbery.
C)Mischief by fire.
D)All of these.

Question 17

In which of the following the right of PD of property extends to the voluntary causing of death ?

A)Criminal trespass.
B)Theft.
C)House breaking by night.
D)All of these.

Question 18

A guard standing at the gate of Police Station challenged the passer by to stop. He did not stop. Guard fired a shot which hit him in the chest :

A)Guard is not entitled.
B)Guard is entitled to the benefit of PD of property.
C)Guard is not entitled as there is not question of guarding police station.
D)Cannot say.

Question 19

The right of Private defence of property commences as soon as :

A)Reasonable apprehension of danger to the property appears.
B)Property is stolen.
C)Property is taken to some distance.
D)None of the above.

Question 20

The right of PD of property against theft continues till :

A)The assistance of public authorities is obtained.
B)The property has been recovered.
C)The offender has effected his retreat with the property.
D)All of these.

Question 21

The right of P.D. of property against robbery continues as long as :

A)Offender causes or attempts to cause to any person death or wrongful restrain.
B)Offender causes or attempts to cause to any person death.
C)Offender causes or attempts to cause to any person death or hurt or wrong-full restraint.
D)None of the above.

Question 22

A person followed up purporting to be those of their stolen cattle's and proceeded to villages of thieves and fired on them. He pleaded the right of P.D.

A)He is entitled to the benefit of right of P.D. of property.
B)He is not entitled as he did not recourse to the public authorities.
C)He is not entitled as the defence has been put to on end by successful retreat of the thieves.
D)None of the above.

Question 23

The right of P.D. against an assault which reasonable cause the apprehension of death extends to :

A)Cause harm to innocent person if he cannot effectively exercise right of P.D. without taking risk of harming innocent person.
B)Cause harm to innocent person.
C)Cause harm to the innocent person., if he suspect him to be assaulter.
D)None of the above.

Question 24

A is attacked by mob who attempts to murder him. He cannot effectually exercise his right of P.D. without firing on the mob and without taking risk of the life of children mingled in the mob:

A)A did not commit offence if by firing he harms children.
B)A is guilty if by firing he harm children without recourse to the police authorities.
C)A is guilty of firing causes harms to children.
D)None of the above.

Question 25

Give most accurate response. A enters by night a house which he is legally entitled to enter. Z in good faith, taking A for a housebreaker, attacks A and causes injury. In this case :

A)Since A was legally entitled to enter the house, Z would be liable for voluntarily causing hurt to A.
B)Z will be liable because he has acted in haste without exercising proper care and attention to ascertain whether A was an inhabitant or a house-breaker.
C)Z will not be liable because he has acted under a mistaken belief that A was a burglar.
D)Z will not be liable because he has acted in the exercise of his right of private defence of property under a misconception that A was a house-breaker.

Question 26

Give best response. A entered the house of B at the dead of night with the intention of committing theft. B struck him with a lathi in the dark and A fell down unconscious. B gave him one more blow which fell on A's head, causing extensive bleeding and A's death. B is prosecuted for murder and takes the plea that the death was caused in exercise of the right of private defence of property. Here :

A)B acted in the exercise of his right of private defence and is, therefore, not liable.
B)B's right of private defence of property in case of apprehension of theft did not extend to the causing of death but any harm other than death. Therefore, B is not entitled to claim successfully the right of private defence but at the same time he would be entitled to avail the exception (2) to section 300 and would only be liable for committing culpable domicile.
C)Under section 104 of the Penal Code B could cause any harm other than death in defence of his property. Since B has caused death, he would be liable for murder.
D)Since A entered B's house at dead of night with a view to commit theft, B was entitled to claim the benefit of section 103 of the Penal Code and will not be liable for murder.

Question 27

Give correct response. A finding a thief B entering into his house at night, through an entrance made in the side-wall seized B while intruding his body and held him with his face down to the ground to prevent his further entrance and thereby caused his death by suffocation. Held :

A)A is liable for culpable homicide and is not entitled to the defence of right of private defence of property.
B)Since B was a thief, A could cause B any harm other than death in defence of his property. A has exceeded his right by causing death, he would, therefore, be liable not for murder but for culpable homicide.
C)A was entitled to claim private defence in his justification, he has not exceeded his right of private defence as he was only holding him to prevent his further entrance. The harm caused is proportionate and justifiable.
D)Since the rule under section 99 of the I.P.C. is that no harm more than that is necessary to inflict for the purpose of defence is justified and A has inflicted more harm than was necessary but he has no intention to cause death or bodily injury likely to cause death, therefore, A is liable for causing hurt only.

Question 28

Give best response. A is attacked by a mob who attempt to cause grievous hurt to him. He cannot effectually exercise his right of private defence without firing on the mob and he cannot fire without taking the risk of harming young children who are mingled with the mob. In this case :

A)A cannot claim the defence under section 106 because the right of private defence under this section permits taking of risk to cause harm to innocent persons only against deadly assault.
B)A commits no offence if by so firing he harms any of the children because section 106 permits taking of such risk in private defence.
C)A is liable for the offence committed because the right of private defence in no case permits taking risk of causing any harm to innocent persons.
D)A is not liable for any offence because the right of private defence justifies causing of any harm to avoid death or grievous hurt.

Question 29

Give correct response. A is attacked by a mob who attempt to murder him. He cannot effectually exercise his right of private defence without firing on the mob and he cannot fire without risk of harming children who are mingled with the mob. One of the children is killed by such firing. In this case:

A)A is liable for committing only culpable homicide not amounting to murder because he did not intend to cause death but death was caused in doing an act in the exercise of his right of private defence and this right was exceeded.
B)A is liable for committing murder because he knew that his act was dangerous and some one was very likely to be killed.
C)A is not liable for murder because the law relating to the right of private defence of body permits causing of any harm in the exercise of right of private defence provided that the apprehension was either of death or of grievous hurt.
D)A commits no offence because section 106 of the Penal Code permits taking of risk of causing any harm to innocent persons, by doing an act in the exercise of the right of private defence against an assault which reasonably causes the apprehension of death.

Question 30

Point out incorrect response. In order to avail the defence under section 94 I.P.C. the following conditions must be fulfilled.

A)Murder and offences against the State punishable with death are the two exceptions to the defence of compulsion as contained in section 94 I.P.C.
B)Act must be done by a person who is compelled to do it by threats.
C)The threat must be such, which at the time of doing of the act, reasonably causes the apprehension of instant death to that person.
D)However the person doing the act did not of his own or from reasonable apprehension of any harm to himself, place himself in the situation by which he became subject to such constraint.

Question 31

Point out incorrect response. The right of private defence of body extends to the causing of death if the offence which occasions the exercise of the right of private defence is of the following description :

A)An assault with the intention kidnapping or abducting.
B)An assault with the intention of wrongfully restraining a person.
C)An assault with the intention of committing rape.
D)An assault with the intention of gratifying unnatural lust.

Question 32

Point out incorrect response. The right of private defence of body extends to the causing of death if the offence which occasions the exercise of the right of private defence is of the following description :

A)An assault with the intention of compelling a woman to marry against her will.
B)An assault which reasonably causes the apprehension of death or grievous hurt.
C)An assault with the intention of wrongfully confining a person under certain special circumstances.
D)An assault with the intention of gratifying unnatural lust.

Question 33

Point out incorrect response. The right of private defence of property extends to the voluntarily causing of death if the offence apprehended be of the following description:

A)House trespass under such circumstances as may be reasonably cause the apprehension of death or grievous hurt.
B)Theft under such circumstances as may reasonably cause the apprehension of death or grievous hurt.
C)Mischief under such circumstances as may reasonably cause the apprehension of death or grievous hurt.
D)Public nuisance under such circumstances as may reasonably cause the apprehension of death or grievous hurt.

Question 34

Point out incorrect response. The exercise of the right of private defence under the Penal Code is subject to the following limitations as contained in section 99 of the code :

A)If the right of private defence is exceeded by the person exercising such right, the other party apprehended shall also have the right of private defence.
B)There is no right of private defence against an act done by public servant acting in good faith under colour of his office unless it causes apprehension of death or grievous hurt.
C)The right of private defence in no case extends to the inflicting of more harm than it is necessary to inflict for the purposes of defence.
D)There is no right of private defence in cases in which there is time to have recourse to the protection of public authorities.

Question 35

A, a public officer is authorized by warrant to apprehend B. Z, knowing the fact C is not B willfully represent to A, C to be B.

A)A abets by instigation apprehension of C.
B)A is guilty to cause apprehension.
C)Z abets by instigation apprehension of C.
D)None of the above.

Question 36

A instigates B to murder C. B refuses to do so. Under IPC:

A)A is guilty of abetting B
B)A is not guilty of abetting B
C)A is not guilty as C is not murdered
D)None of the above

Question 37

Under Indian Penal Code, there can be abetment to:

A)A person of unsound mind
B)An infant
C)Both (a) and (b)
D)All of the above.

Question 38

A asks his servants to beat B. The servant did so:

A)A is guilty of criminal conspiracy
B)A is guilty of criminal assault
C)A is guilty of abetment by instigation
D)None of the above

Question 39

For abetment by conspiracy

A)A mere agreement between to or more persons to do an unlawful act is enough
B)Some act or illegal omission must take place in pursuance of an engagement between two or more persons to do an unlawful act.
C)There must be an intentional aid by one person to another for the doing of an offence.
D)None of the above

Question 40

Definition of criminal conspiracy is given in the IPC in:

A)Section 120
B)Section 120-A
C)Section 120-B
D)None of the above

Question 41

Which is correct:

A)In conspiracy, there is no distinction between principal and accessory
B)In conspiracy, principal and accessory are distinct
C)There has to be a distinction between principal and accessory in all offence
D)All of these.

Question 42

Punishment for criminal conspiracy is in:

A)Section 120-B, IPC
B)Section 120-A, IPC
C)Section 144, Cr PC
D)None of the above

Question 43

Abetment of an offence is

A)Always an offence.
B)Never an offence
C)May be an offence depending on the circumstances but not always
D)None.

Question 44

For conspiracy, the minimum number of persons required is

A)One
B)Five
C)Two
D)None.

Question 45

The abetment of offence is completed as soon:

A)The offence abetted has been committed
B)The abettor has incited another person to commit an offence
C)The person abetted has done some overt act towards the commission of the offence
D)All the above acts have taken place.

Question 46

Which one of the following statements is true in relation to the offence of abetment?

A)It is not necessary that the offence for which abetment is alleged should have been committed.
B)Unless an offence is successfully committed, there is no question of abetment
C)For the offence of abetment to be established, the abettor should have been proved to have done something at the time.
D)For the offence of abetment to be established, the abettor should have been proved to have done something at the time of commission of the offence itself to help its commission.

Question 47

The offence of criminal conspiracy lies not in doing the act or effecting the purposes for which the conspiracy is formed but in the forming of the scheme between the parties. A criminal conspiracy consists of:

A)An intentional act of one person with the connivance of another
B)An agreement of two or more persons to do an unlawful act or a lawful act by unlawful means.
C)Common intention of two or more persons to achieve an unlawful object
D)Two or more persons inducing a minor to commit an offence.

Question 48

Which one of the following statements is not correct?

A)Abetment can be committed by mere silence
B)An abettor is liable for abetment even if the abetted act is not committed
C)If abetted person is not liable for committing the abetted act, the abettor cannot be held liable.
D)An abettor is liable for all the likely consequences for his statement.

Question 49

Which one of the following statement is correct?

A)In conspiracy, there is not distinction between principal and accessory
B)In conspiracy principal and accessory are distinct
C)There has to be a distinction between principal and accessory in all offences
D)None of the above is correct.

Question 50

Give incorrect response. A person abets the doing of a thing who :

A)Intentionally aids, by any act or illegal omission the doing of that thing.
B)Instigates any person to do that thing.
C)Instigates any person to do a thing which must also be done.
D)Engages with one or more other person or persons in any conspiracy for the doing of that thing, if an act or illegal omission takes place in pursuance of that conspiracy and in order to the doing of that thing.

Question 51

Give best response. A and B have been married for some time. Due to acute financial difficulties they decide to commit suicide. A procures some poison which both of them take. But A, the husband survives whereas B, the wife dies as a result of taking the poison. In this case :

A)A is liable for abetment. A by deciding to commit suicide with his wife has abetted her by counselling to commit suicide.
B)A is liable for murder and not for abetment. Where the parties mutually agreed to commit suicide, and one only accomplished that object the survivor will be guilty of murder and not for abetment only.
C)A is neither liable for murder not for abetment but attempting to murder his wife.
D)A is liable for murder as well as for abetment of murder.

Question 52

Give correct response. A concerts with B a plan of poisoning Z. It is agreed that A shall administer the poison. B then explains the plan to C mentioning that a third person is to administer the poison, but without mentioning A's name. C agrees to procure the poison, and procures and delivers it to B for the purpose of its being used in the manner explained. A administers the poison; Z dies in consequence. In this case C's liability is as follows :

A)C will not be liable for abetment by conspiracy because C can only be held liable if he had concerted with A and B.
B)C would be liable for attempting to commit murder but not for committing murder because the poison was administered by A.
C)C is not liable for murder because he never conspired with A.
D)Though A and C have not conspire together yet C has been engaged in the conspiracy in pursuance of which Z has been murdered. C has, therefore, abetted the offence of murder and would be liable to the punishment of murder.

Question 53

Give best response. A suggests B to give false evidence. B in consequence of the suggestion commits that offence :

A)A is guilty of abetting the offence and is liable to the same punishment as B because mere suggestion amounts to instigation.
B)A is guilty of abetting the offence committed by B because mere suggestion amounts to instigation but B will not be liable for any offence.
C)A commits no offence because mere suggestion to some one to do an illegal act is not an offence but B is liable under section 193 I.P.C.
D)A commits no offence but B is liable for giving false evidence under section 193 I.P.C.

Question 54

Give incorrect response. Criminal conspiracy means :

A)An agreement between two or more persons to do or cause to be done a legal or an illegal act by improper means.
B)An agreement between two or more persons to do an illegal act.
C)An agreement between two or more persons to do an act, which though not illegal by illegal means.
D)An agreement between two or more persons to commit an offence.

Question 55

Abetment is caused by :

A)Instigating a person to an offence.
B)Intentionally aiding a person to commit it.
C)Engaging in a conspiracy to commit it.
D)All of these.

Question 56

Give the correct response

A)It is necessary only in the case person abetting an offence but intentionally aiding another to commit that offence.
B)It is not necessary for the offence of abetment that the act abetted must be committed.
C)Both (a) and (b)
D)None of the above.

Question 57

The word INSTIGATE means :

A)To do unlawful act.
B)To provoke, to incite.
C)To cheat.
D)None of the above.

Question 58

Give the correct response :

A)Instigation necessarily connotes same suggestion or support or stimulates whether passive or active.
B)Advice per se does not necessarily amount to instigation.
C)Both (a) and (b).
D)None of the above.

Question 59

Give the correct response :

A)It is necessary to concert such person.
B)It is not sufficient if he engages in the conspiracy.
C)It is not necessary that abettor should concert the offence with the person who commits it.
D)None of the above.

Question 60

Give the correct response :

A)Conspiracy in S.120A is mere agreement to commit and offence.
B)Instigation by engaging in conspiracy requires an act or illegal omission.
C)Both (a) and (b).
D)None of the above.

Question 61

Where the matter in law by her cruel conduct and suggestion goaded the daughter in law to commit suicide. She is

A)Liable for his cruel conducts only.
B)Not guilty of abetment of suicide.
C)Guilty of abetment of suicide.
D)None of the above.

Question 62

A person abets by aiding :

A)At the time of commission of an act.
B)Prior to the act is done.
C)Either prior to or at the time of commission of an act.
D)Either prior or posterior or at the time of commission of an act.

Question 63

A person supplies food to another person known to be engaged in crimes is:

A)Criminal.
B)Abetment.
C)Not abetment.
D)None of the above.

Question 64

A supplies food to a person who might go on a journey to the intended scene of the crime. A is :

A)Guilty of abetting an offence.
B)Not guilty of abetting an offence.
C)Cannot say.
D)None of the above.

Question 65

Abetment by aid requires

A)Passive aiding.
B)Active aiding.
C)Intentional aiding.
D)None of the above.

Question 66

A bigamous marriage took place in the presence of Pandit who officiate marriage and some other person who permitted its celebration:

A)All persons except Pandit is guilty.
B)All persons are guilty of abetment of an offence.
C)No one is guilty of abetment.
D)Only Pandit is liable for abetment of bigammous marriage.

Question 67

A guardian, without consent of girl and in her absence, in her name caused a marriage ceremony and married her to other person while her husband was living:

A)It is abetment.
B)It is not abetment because to constitute abetment the accused must have instigated other person.
C)It is not abetment as father is authorized to do that.
D)None of the above.

Question 68

A instigate B to murder C. B refused to do so :

A)A is guilty of abetting B to murder C.
B)A is not guilty as C is not murdered.
C)A is not guilty of abetting as refused to do that.
D)None of the above.

Question 69

A instigates B to murder C. B stabbed C but C recovers from the wound:

A)A is guilty of abetting B to commit murder.
B)A is guilty of abetting B to commit grievous hurt.
C)A is not guilty of instigation as desire requisite not affected.
D)None of the above.

Question 70

Give the correct response

A)It is not necessary that the person abetted should be capable by law of committing an offence.
B)To constitute the offence of abetment it is not necessary that act abetted should be committed.
C)Both (a) and (b).
D)None of the above.

Question 71

A with the intention of murdering Z instigate B a lunatic to give to Z. B inspite of giving Z take poison himself

A)A is guilty of causing death of lunatic only.
B)A is guilty of abetment.
C)A is not guilty as B a lunatic cannot be an offender in the eyes of law.
D)None of the above.

Question 72

A instigates B a child below 7 years of age to set fire to a dwelling

A)A is guilty of abetting B to set fire.
B)A is not guilty as there is no question of abetment of child.
C)Cannot say.
D)None of the above.

Question 73

Give the correct response :

A)The abetment of an offence is an offence.
B)But the abetment of such abetment is no offence.
C)Both (a) and (b).
D)None of the above.

Question 74

A instigates B to kidnap son of Z. B instigates C to do so and C kidnaps son of Z.

A)Only B is guilty of abetting C.
B)Only A is guilty of abetment.
C)Both A and B are guilty of abetment.
D)None of the above.

Question 75

Give the correct response :

A)An offence can be abetted though the means which are intended to be employed are such which could not bring the desirous effect.
B)It is not necessary for abetment that the person abetted should have the guilty intention or knowledge as that of abettor.
C)Both (a) and (b).
D)None of the above.