Deck 12: Legal Concepts and Definitions in Criminal Law

Question 1

Sexual intercourse by a man with his own wife is not rape, if the wife is above:

A)18 years of age
B)15 years of age
C)16 years of age
D)None of the above.

Answer 1

15 years of age

Question 2

The essential ingredient of the offence of rape is:

A)Against her will
B)Without her consent
C)Both (a) and (b)
D)None of the above.

Answer 2

Both (a) and (b)

Question 3

Illicit intercourse implies:

A)Sexual intercourse between two persons not united by marriage
B)Rape
C)Both (a) and (b)
D)None of the above.

Answer 3

Both (a) and (b)

Question 4

Culpable homicide has been defined

A)Under Section 299 of IPC
B)Under Section 300 of IPC
C)Under Section 302 of IPC
D)None.

Question 5

Murder has been defined:

A)Under Section 299 of IPC
B)Under Section 300 of IPC
C)Under Section 302 of IPC
D)None.

Question 6

Grave & sudden provocation is

A)Question of fact
B)Question of law
C)Mixed question of fact & law
D)None.

Question 7

Culpable homicide not amounting to murder is punishable with:

A)Death
B)Imprisonment for life
C)Imprisonment for life or imprisonment for ten years
D)None.

Question 8

Adultery is:

A)Has sexual intercourse with a person, who is, and whom he knows, or has reason to believe to be, the wife of another man, without the consent or connivance of that man, such sexual intercourse not amounting to rape.
B)Has sexual intercourse with a person, who is, an whom he knows, or has reason to believe to be, the wife of another man, with the consent or connivance of that man, such intercourse not amounting to rape.
C)Has sexual intercourse with an unmarried woman.
D)None of the above.

Question 9

Which of the following are grievous hut

A)Emasculation
B)Permanent disfiguration of face
C)Privation of any member or joint
D)All of the above.

Question 10

During the fight between A & B the two ladies, A pulls B by hair and removes some of her hair. A is guilty of an offence of causing:

A)Simple hurt
B)Grievous hurt
C)Simple hurt by rash and negligent act
D)None.

Question 11

Assault cannot be caused by:

A)Mere words
B)Mere gestures
C)Mere preparation
D)None.

Question 12

In kidnapping, the consent of minor is

A)Wholly immaterial
B)Partly immaterial
C)Wholly material
D)None.

Question 13

Dowry death describes:

A)Murder
B)Culpable homicide
C)Culpable homicide not amounting to murder
D)None of the above.

Question 14

Punishment for Dowry death is:

A)Not less than three years
B)Not less than five years
C)Not less than seven years and in rare circumstances may extend to death sentence
D)Not less than seven years but which may extend to imprisonment for life.

Question 15

Which one of the following correctly identifies the remedies available to the victim in case of false imprisonment?

A)Self-help, abatement, action for damages
B)Habeas corpus, action for damages, injunction
C)Self-held, habeas corpus, action for damages
D)Injunction, abatement, action for damages.

Question 16

X obtains property from Z by saying that your child in the hands of my gang and will be put to death unless you send us ten lac rupees. X commits:

A)Criminal breach of trust
B)Robbery
C)Extortion
D)Theft.

Question 17

X instigates Y to commit murder of Z. Y in consequence stabs Z but Z survives the wound. X is guilty of:

A)Murder
B)Attempt to murder
C)Abetment of attempt to murder
D)Abetment of murder.

Question 18

The principle of proximity to crime under criminal law is irrelevant while deciding the liability for the offences of:

A)Culpable homicide and murder
B)Theft and dacoity
C)Kidnapping and abduction
D)Abetment and conspiracy.

Question 19

A with intention to kill her husband, purchased some poison-powder from a chemist who by mistake, dispensed plain sugar instead. She put the powder in a cup of tea and served it to her husband who drank it but did not die. Which one of the following statements is correct so far as the charge to attempt a murder is concerned?

A)She is liable because she had committed the penultimate act
B)She is liable because her intention to kill her husband is clear from the totality of acts
C)She is not liable because administration of sugar is not a step towards the commission of murder.
D)She is not liable because her husband did not die.

Question 20

A shot at B with a view to kill him. When B was being taken to the hospital, a tree fall upon B on the way and B died in the hospital a few days later. If it was proved that the falling of the tree caused B's death then:

A)A shall be responsible for the death of B.
B)Falling of tree has broken the chain of causation
C)A is not liable to pay an compensation to the dependants of B
D)None of the above statements is correct.

Question 21

Punishment for culpable homicide not amounting to murder is given in the IPC in:

A)Section 304
B)Section 302
C)Section 300
D)None.

Question 22

A intending to murder B by poison, purchases poison and mixes the same with a glass of water. He gives the glass to the bearer to serve B. the bearer while approaching B loses balance and the glass drops out of his plate. Which one of the following statements is correct in this context?

A)A has committed no offence.
B)A has committed the offence of attempt to commit culpable homicide.
C)A has committed the offence of abetments
D)A has committed the offence of attempt to murder.

Question 23

Culpable homicide is not murder, it is committed under:

A)Grave and sudden provocation
B)Madness
C)Moral conviction
D)Anger.

Question 24

Which one of the following statements correct defines the term murder?

A)Act by which the death is caused must have been done with the intention of causing such bodily injury as is likely to cause death.
B)Death is caused with the knowledge that, he is likely to cause death by his act.
C)Death is caused with the intention of causing such bodily injury as the offender knows to be likely to cause death of the person to whom the injury is caused
D)Death is caused under grave and sudden provocation.

Question 25

Both A & B went to field to protect crop being reaped forcibly by opposite party and in course of he (A) killed a person.

A)Only B is liable for murder.
B)Both A and B are liable for murder.
C)Only A is liable for murder.
D)None of the above.

Question 26

Give correct response. A administers to B a drug in order to procure abortion believing her to be pregnant but in fact she is not pregnant, Held that :

A)A is liable for attempt because the actual commission of the offence was avoided by reason of a fact beyond A's control i.e. the fact that the lady was not pregnant.
B)A is not liable for attempt. Since the woman was not pregnant, therefore, causing of abortion was a factual impossibility.
C)Since the woman was not pregnant, therefore, A had attempted only a legal impossibility and, therefore, the would not be liable.
D)A is liable for causing hurt by poisoning.

Question 27

Give incorrect response. A, a woman with a view to poisoning her husband administered to him a substance which she believed to be arsenic but which in fact was sugar. In this case :

A)A is liable for attempt because she attempted to cause death of her husband by such means (i.e. poisoning) which she believed to be capable of causing death.
B)A is liable for attempting to kill her husband because her intention was to kill him by poisoning.
C)A is liable for attempt because her act was towards the commission of the desired offence.
D)A is not liable for attempting to cause death of her husband because A's act was not towards the commission of the desired offence in as much as the substance administered could never bring about the desired result.

Question 28

Give best response. Z, a pick-pocket attempts to take the purse of a gentleman who has a loaded pistol in his pocket. The thief touches the pistol and the trigger goes off, the gentleman is shot dead. The liability of the pick-pocket is as follows :

A)Z is liable for murder of the gentleman in whose pocket he has put his hand.
B)Z is liable for attempting to commit homicide.
C)Z is not liable for murder but for pick-pocketing only, because when a person engaged in the commission of an offence causes death by pure accident he shall suffer only the punishment of his offence.
D)Z is liable for murder and will not succeed in his defence of accident under section 80 because accident must be caused while doing a lawful act, in lawful manner by lawful means. Here Z caused death while doing an unlawful act.

Question 29

Give the correct response.

A)All culpable homicides are murders.
B)All murders are culpable homicide but not vice versa.
C)Both (a) and (b).
D)None of the above.

Question 30

Homicide is the killing of human being by ______

A)Human being whether lawful or unlawful.
B)Human being whether lawful only.
C)Human being which is unlawful.
D)Any one whether animal.

Question 31

Culpable Homicide means the causing of death by doing ______

A)An act with the intention of causing such bodily injury as is likely to cause death.
B)An act with the knowledge that it was likely to cause death.
C)An act with the intention of causing death.
D)All of these.

Question 32

The section 299 has following essentials

A)Such death must have been caused by doing an act.
B)Causing of death of a human being.
C)Both (a) and (b).
D)None of the above.

Question 33

Give the correct response

A)The offence is complete as soon as a person is killed.
B)It is immaterial if the person whose death has been caused is not the very person whom the accused intended to kill.
C)Both (a) and (b).
D)None of the above.

Question 34

Under see 299 the connection between act and death caused must be

A)Indirect.
B)Direct.
C)Both (a) and (b).
D)None of the above.

Question 35

Where bodily injury is sufficient to cause death it _______

A)Matters to find the intention.
B)Is immaterial to find the intention.
C)Intention is implied by the act.
D)None of the above.

Question 36

The word knowledge under See. 299 is a strong word and

A)A probability.
B)A certainty.
C)Both certainty and probability.
D)None of the above.

Question 37

Once it is established that an act was a deliberate act and was not the result of accident rashness or negligence it is obvious that the offence would be ---

A)Murder.
B)Culpable homicide.
C)Attempt to murder.
D)Grievous hurt.

Question 38

The accused gave the deceased a severe push on the back ____ he fell down on the road and sustained injuries resulted in his death on the fifth day this was simply a case of

A)Using original force.
B)Murder.
C)Culpable homicide not amounting to murder.
D)Simply hurt.

Question 39

The accused gave his wife a blow on her head with wooden rod rendering her unconscious. Belowing her to so dead the accused hanged her on a bean by rope in order to lay to foundation of a false defence of suicide and there by caused her death by strangulation is guilty of causing _______

A)Culpable homicide not amounting to murder.
B)Death.
C)Grievous hurt.
D)Hurt.

Question 40

A struck B on the head a simple blow with a piece of firewood B fell down bleeding from nose and become senseless. A and his wife thought that B was dead hence they placed B on the wooden pyre and set fire to it which caused B's death. A and his wife are guilty of

A)Simple hurt.
B)Murder.
C)Grievous hurt.
D)None of the above.

Question 41

Deceased did not actually die from the injuries but from the which set in consequence of sence duty substance because the injuries were not the cause of death, the person causing the injuries will be guilty of

A)Murder.
B)Hurt.
C)Grievous hurt.
D)None of the above.

Question 42

A shoots Z with the intention of killing. Z dies in consequence. A commits

A)Assault.
B)Culpable homicide.
C)Murder.
D)Criminal use of force.

Question 43

Culpable homicide is not murder if the accused is deprived of power of self control by

A)Grave and sudden provocation by any one.
B)Grave and sudden provocation by act god.
C)Grave and sudden provocation by the deceased.
D)All of these.

Question 44

Y gives grave and sudden provocation to A. A on this fires from a pistol as a result Z is killed who is nearby, A has committed

A)Death by rash and negligent act.
B)Attempt to murder Y.
C)Murder.
D)Culpable homicide.

Question 45

A attempts to pull Z's nose Z in the exercise of right of private defence hold A to protect him. A is moved to sudden and violent passion and killed Z this is

A)Murder.
B)Abetment of murder.
C)Culpable homicide.
D)Grievous hurt.

Question 46

Give the correct response

A)A knowledge that the natural and problem consequence of an act would be death.
B)An intention to kill is not always necessary to make out a case of murder
C)Both (a) an (b).
D)None of the above.

Question 47

Give the correct response

A)An offence can not amount to culpable homicide with out amounting to murder.
B)An offence can not the amount to murder, if it does not falls with in the definition of culpable homicide.
C)Both of the above.
D)None of the above.

Question 48

To apply Sec. 300 that particular bodily injury present is

A)Intentional.
B)Accidental.
C)Unintentional.
D)By mistake.

Question 49

Joint intention of the accursed was to give such a beating as would weak. the bones of arms and legs resulting in the death of A. All of the persons participating are guilty of the offence of

A)Grievous hurt.
B)Criminal assault.
C)Culpable homicide.
D)Murder.

Question 50

The accused killed a girl by pouring acid on her person when he refused to marry him. She died after 12 days. The accused is guilty of

A)Murder.
B)Grievous hurt.
C)Culpable homicide.
D)Criminal assembly.

Question 51

Give incorrect response. Culpable homicide is the first kind of unlawful homicide. It is the causing of death of a human being by doing:

A)An act with the intention of causing such bodily injury as the offender knows to be likely to cause death of the person.
B)An act with the intention causing death.
C)An act with the knowledge that it was likely to cause death.
D)An act with the intention of causing such bodily injury as is likely to cause death.

Question 52

Point out incorrect response. Culpable homicide is murder :

A)If the act is done with the intention of causing such bodily injury to any person as the offender knows to be likely to cause death of any person.
B)If the person committing the act knows that it is so imminently dangerous that it must in all probability, cause death.
C)If the act is done with the intention of causing such bodily injury to any person and the bodily injury intended to be inflicted is sufficient in the ordinary course of nature to cause death.
D)If the act is done with the intention of causing such bodily injury as the offender knows to be likely to cause the death of the person to whom the harm is caused.

Question 53

A woman ran away from her husband's house with her child. When she saw her husband following she got panicked jumped into a well, resulting in to the death of baby

A)The women is guilty of murder.
B)The women is not guilty of murder considering her state of panick.
C)A The husband is guilty of murder.
D)None of the above.

Question 54

Give the incorrect response

A)Where there is sufficient time of cooling down, there would be no sudden provocation.
B)Only words of gesture can cause grave provocation .
C)Under exception first of sec. 300 the provocation must be grave and sudden.
D)Confession of adultery by wife to her husband by wife is grace and sudden provocation.

Question 55

A person who intended to use a deadly weapon towards any one who might come forward commits

A)Murder.
B)Culpable homicide not amounting to murder.
C)No offence.
D)Grievous hurt.

Question 56

Exception to Section 300 (Exception 1)

A)Death caused by consent.
B)Death caused in sudden fight.
C)Grave and sudden provocation.
D)All of these.

Question 57

Give the correct response

A)The fight should not have been prearranged.
B)The word fight used in exception IV to sec. 300 is something more than a verbal quarrel.
C)Both of the above.
D)None of the above.

Question 58

Point out the incorrect response. To bring the Act within their exception______

A)The act should be done before there was time to cool.
B)The provocation must be grave & sudden & of such a nature to deprive the accused of the power of self control.
C)All of these.
D)Death caused in free fight .

Question 59

"The fatal below should be clearly traced to the influence of passion arising from that provocation & not after the passion had cooled down by lapse of lime". held in

A)Ram Prasad case.
B)K.M. Nan case.
C)Virsa Singh case.
D)Dhiragea case.

Question 60

Give the correct response

A)A similar confession by a girl who is engaged to the accused does not fall within the exception.
B)A confession of adultery by wife to her husband is such a grave & sudden provocation.
C)Both (a) and (b).
D)None of the above.

Question 61

A boy involve with girl, seeing her engaged in sexual intercourse with other, shoot both of them

A)He is not entitled to get benefit of this.
B)He is not entitled as the rule of adultery by wife has no application where the woman is not his wife.
C)He is entitled to get benefit of exception.
D)Can't say.

Question 62

Accused killed the deceased seeing him doing sodomy on his son. The case---------

A)Fell within the exception.
B)Does not fall within this exception as sodomy on his son is not such an act to deprive his of self control.
C)Does not fall within this exception.
D)Doesn't fall as there was time to coal.

Question 63

The accused & his wife sister's husband B were sleeping out in the verandah. B got up & entered the accused wife's room accused also got up & peeping through door he saw B & accused wife was having intercourse. He returned to his charpai & lay down. After some time B come back & lay down on the charpai. When B began to snore accused cutted down him by a knife which he was having with him. This case

A)Falls within the exception.
B)Doesn't fall but why cant say.
C)Does not fall as there is sufficient time to cool.
D)Doesn't as the accused attacked B with a knife a deadly weapon.

Question 64

For grave and sudden provocation

A)It is necessary for husband to plead seeing actual intercourse between his wife & paramour.
B)It is not necessary to see actual intercourse.
C)It is enough if his wife & paramour lying together almost naked.
D)(b) and (c) are correct.

Question 65

His wife followed her with a hatchet on one night & finding he was talking to her paramour there & killed her, accused case ---------

A)Falls within the exception.
B)Falls within murder as the act was not done in fit of passion.
C)Does not fall within the exception as the events are not such so as to provoke accuse.
D)Is a case of grievous hurt.

Question 66

Old man to dissuade them from quarrelling was hit by one of them on the head by an iron rod, he died as a result this case

A)Doesn't fall within exception to s. 300.
B)May or may not fall depending on the facts.
C)Fall within exception 4 to s. 300.
D)Can't say.

Question 67

A Causes miscarriage to B. A commits

A)Murder of unborn child.
B)Culpable homicide of the unborn child.
C)Grievous hurt to B.
D)No offence.

Question 68

Give the correct response

A)In the scheme of penal code murder is genus & culpable homicide is specie.
B)In the scheme of penal code culpable homicide is genus & murder its specie.
C)Both (a) and (b).
D)None of the above.

Question 69

Give the correct response

A)The only difference lies in the highest probability of death in case of S. 300.
B)Clause (c) of Section. 299 and Section 300 both require knowledge of the probability of murder.
C)Both (a) and (b).
D)None of the above.

Question 70

'A' person neglected to provide his child with proper sustenance although repeatedly warned by doctor of the consequence the child died. A is guilty of ---

A)Murder.
B)Culpable homicide.
C)Death caused by each & negligent act.
D)No offence.

Question 71

In a case of murder by poisoning the prosecution must establish that____

A)The death took place by poisoning.
B)The accused had an opportunity to administer poison to the deceased.
C)The accused had the poison in his possession.
D)All of these.

Question 72

Dalit indiscriminately fired at their purruers. They are _______

A)Guilty of murder.
B)Not guilty of murder as they did not enter to cause death.
C)Guilty of grievous hurt.
D)None of the above.

Question 73

To apply clause 3 of Section 300 it must be proved that-

A)There was intention to cause particular bodily injury actually found to be on the person.
B)The injury is sufficient in the ordinary course of nature to cause death.
C)Both (a) and (b).
D)None of the above.

Question 74

Give the correct response

A)The person causing death knows that his act is so imminently dangerous that it must in all probability cause death.
B)This clause (4) S.300 is usually invoked in those cases where intention to cause death is absent.
C)Both (a) and (b).
D)None of the above.

Question 75

Give correct response. A the owner of a house, finding that trespassers were entering his house and using his bath room set a live electric wire in the passage leading to the bath room in order to deter trespassers. There was no warning given that the wire was a live one. Z, a trespasser enters the house unaware of the live wire and happens to touch the wire and gets a shock as a result of which he dies.

A)A will be guilty of murder of Z as he knew that his act of setting a live electric wire was so imminently dangerous that it must in all probability cause death.
B)A is not liable for any offence because he has every right to use his house in whatever manner he likes.
C)A will not be liable for any offence because the trespasser enters the house at his own risk and A owed no duty towards Z.
D)A is guilty of culpable homicide not amounting to murder because the act of setting a live electric wire was known by him to be likely to cause death, it was an imminently dangerous act but since the act was done in the exercise of right of private defence of property against trespass, which right was exceeded he would get the benefit of exception 2 to Section 300.