Deck 8: Abetment and Sedition Laws in the Indian Penal Code
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Deck 8: Abetment and Sedition Laws in the Indian Penal Code
1
Accused asked the doctor to supply her medicine for the purpose of poisoning her husband:
A)There is no abetment.
B)There is not abetment as Doctor is bound by moral duty to give what is asked to him.
C)Doctor abetted an offence.
D)None of the above.
A)There is no abetment.
B)There is not abetment as Doctor is bound by moral duty to give what is asked to him.
C)Doctor abetted an offence.
D)None of the above.
Doctor abetted an offence.
2
Give the correct response : A in India abetted B, a foreigner in Pakistan to commit a murder in Islamabad
A)A is guilty of abetting B.
B)A is not guilty of abetting B.
C)A could not been guilty of abetting if he abetted B to murder in India.
D)All of these.
A)A is guilty of abetting B.
B)A is not guilty of abetting B.
C)A could not been guilty of abetting if he abetted B to murder in India.
D)All of these.
A is guilty of abetting B.
3
A instigates B to give false evidence B commits that offence:
A)A has abetting the offence but not liable to the same punishment as B.
B)A has abetted the offence but liable to the half of the punishment as B.
C)A has abetted the offence and is liable to the same punishment as B.
D)None of the above.
A)A has abetting the offence but not liable to the same punishment as B.
B)A has abetted the offence but liable to the half of the punishment as B.
C)A has abetted the offence and is liable to the same punishment as B.
D)None of the above.
A has abetted the offence and is liable to the same punishment as B.
4
Whoever abets an offence & if the act abetted is committed & no express provision is made by this code for punishment of such abetment, the abettor will be punished --
A)With the 1/3rd of the punishment provided for the offence.
B)With the 1/4th of punishment provided for the offence.
C)With the half of the punishment provided for the offence.
D)With the punishment provided for the offence.
A)With the 1/3rd of the punishment provided for the offence.
B)With the 1/4th of punishment provided for the offence.
C)With the half of the punishment provided for the offence.
D)With the punishment provided for the offence.
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5
Where the accused was charged with the main offence but it was found in evidence that he had abetted the offence in fact
A)He can be convicted of abetment.
B)He can't be convicted of abetment.
C)Once acquitted can't be convicted for abetment.
D)None of the above.
A)He can be convicted of abetment.
B)He can't be convicted of abetment.
C)Once acquitted can't be convicted for abetment.
D)None of the above.
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6
When an act is abetted & a different act is done the abettor is liable-
A)For the act done in the same manner & to the same extent as if he had directly abetted it.
B)For the act which is abetted.
C)For the act which is done in some what different manner.
D)None of the above.
A)For the act done in the same manner & to the same extent as if he had directly abetted it.
B)For the act which is abetted.
C)For the act which is done in some what different manner.
D)None of the above.
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7
Give the correct response
A)It is not necessary that act done should be a probable consequence of the abetment and was committed under the influence of abetment.
B)When an act is abetted & different act is done the abettor is liable for the act done.
C)Both (a) and (b).
D)None of the above.
A)It is not necessary that act done should be a probable consequence of the abetment and was committed under the influence of abetment.
B)When an act is abetted & different act is done the abettor is liable for the act done.
C)Both (a) and (b).
D)None of the above.
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8
A instigates B a child to put poison into the food of Z. B by mistake put poison into the food of Y & Y died consequently.
A)A is responsible for the death of Y in the same manner as if he had abetted the murder of Y.
B)A is not responsible for the death of B.
C)A is guilty of attempt of murder of Z.
D)None of the above.
A)A is responsible for the death of Y in the same manner as if he had abetted the murder of Y.
B)A is not responsible for the death of B.
C)A is guilty of attempt of murder of Z.
D)None of the above.
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9
A instigates B to set fire in Z's house. B set fire to the Z's house & same time commit theft of property there.
A)A is guilty of abetting setting fire.
B)A is guilty of abetting setting fire as well as abetting theft.
C)A is guilty of abetting theft only.
D)None of the above.
A)A is guilty of abetting setting fire.
B)A is guilty of abetting setting fire as well as abetting theft.
C)A is guilty of abetting theft only.
D)None of the above.
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10
Give correct response
A)If one instigates another to perpetuate particular crime & that other in pursuance of instigation not only perpetrate that crime but in the course of doing so commits another crime. Abettor is liable for another crime.
B)Sec. 111 IPC proceeds on the maxim Every man is presumed to intend the natural consequence of his act.
C)Both (a) and (b).
D)None of the above.
A)If one instigates another to perpetuate particular crime & that other in pursuance of instigation not only perpetrate that crime but in the course of doing so commits another crime. Abettor is liable for another crime.
B)Sec. 111 IPC proceeds on the maxim Every man is presumed to intend the natural consequence of his act.
C)Both (a) and (b).
D)None of the above.
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11
A, person instigates to B & his friend to beat C with lathis but one of the assailant took suddenly spearhead & stabbed the person
A)A is liable to abet stabbing.
B)A is liable to abet both with lathis & stabbing.
C)A is not liable for abetment of stabbing, because it is quite different act.
D)None of the above.
A)A is liable to abet stabbing.
B)A is liable to abet both with lathis & stabbing.
C)A is not liable for abetment of stabbing, because it is quite different act.
D)None of the above.
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12
Give correct response. A instigates a child B aged 6 years to put poison into the food of C and gives him poison for that purpose. The child in consequence of the instigation, by mistake, puts the poison into the food of D who is sitting by the side of C. D dies.
A)A will not be liable for the abetment of murder of D because he never abetted D's murder.
B)A will not be liable for the abetment of murder of D because he has never intended to commit murder of D.
C)A will not be liable for abetment of murder of D because murder was committed by B a child and nothing is an offence which is done by a child below 7 years of age.
D)A will be liable for the abetment of murder of D in the same manner and to the same extent as if he had instigated the child to put poison into food of D.
A)A will not be liable for the abetment of murder of D because he never abetted D's murder.
B)A will not be liable for the abetment of murder of D because he has never intended to commit murder of D.
C)A will not be liable for abetment of murder of D because murder was committed by B a child and nothing is an offence which is done by a child below 7 years of age.
D)A will be liable for the abetment of murder of D in the same manner and to the same extent as if he had instigated the child to put poison into food of D.
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13
A person is said to instigate the doing of thing by:
A)Willful misrepresentation and concealment of fact which he is bound to disclose.
B)Willful concealment of fact.
C)Willful misrepresentation and concealment.
D)None of the above.
A)Willful misrepresentation and concealment of fact which he is bound to disclose.
B)Willful concealment of fact.
C)Willful misrepresentation and concealment.
D)None of the above.
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14
The essence of sedition is:
A)Intention
B)Benefits or gains of the accused
C)Result
D)None of the above
A)Intention
B)Benefits or gains of the accused
C)Result
D)None of the above
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15
Which is an essential ingredient of sedition?
A)Dishonest intention
B)Mala fide intention
C)Words spoken must cause public disorder by acts of violence
D)Words spoken must be capable of exciting disaffection towards the Government.
A)Dishonest intention
B)Mala fide intention
C)Words spoken must cause public disorder by acts of violence
D)Words spoken must be capable of exciting disaffection towards the Government.
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16
Which is punishable as sedition?
A)Bitter criticism of the government to overthrow it
B)Inducing people to cease to obey law and lawful authority
C)A publicist attack on policies of the government
D)None of the above
A)Bitter criticism of the government to overthrow it
B)Inducing people to cease to obey law and lawful authority
C)A publicist attack on policies of the government
D)None of the above
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17
Which is correct?
A)Amount and intensity of disaffection is immaterial under Section 124-A except in dealing with the question of punishment.
B)Amount and intensity of disaffection is material Under Section 124-A.
C)Amount and intensity of disaffection is not relevant for dealing with question of punishment.
D)All of the above.
A)Amount and intensity of disaffection is immaterial under Section 124-A except in dealing with the question of punishment.
B)Amount and intensity of disaffection is material Under Section 124-A.
C)Amount and intensity of disaffection is not relevant for dealing with question of punishment.
D)All of the above.
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18
Which one of the following in an essential ingredient of sedition?
A)Dishonest intention
B)Malafide intention
C)Words spoken must cause public disorder by acts of violence
D)Words spoken must be capable of existing disaffection towards the Government.
A)Dishonest intention
B)Malafide intention
C)Words spoken must cause public disorder by acts of violence
D)Words spoken must be capable of existing disaffection towards the Government.
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19
Sedition is committed by:
A)Exhortation to the people not to pay governmental revenues
B)Exhortation to join a particular party
C)Expressing disapprobation of the administrative action of the government without exciting or attempting to excite hatred
D)Reciting seditious poem in a public meeting.
A)Exhortation to the people not to pay governmental revenues
B)Exhortation to join a particular party
C)Expressing disapprobation of the administrative action of the government without exciting or attempting to excite hatred
D)Reciting seditious poem in a public meeting.
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20
The essential of sedition is:
A)Intention
B)Benefits or gains of the accused
C)Result
D)Both intention and result.
A)Intention
B)Benefits or gains of the accused
C)Result
D)Both intention and result.
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21
Assertion (A): When murder is committed by a member of an unlawful assembly in prosecution of common object of the assembly, all those who are members of that assembly at that time are liable for the murder. Reason (R): Members of an unlawful assembly are liable only if they participate in the commission of the murder. Of the above statements.
A)Both A and R are true and R is the correct explanation of A
B)Both A and R are true and R is NOT a correct explanation of A
C)A is true but R is false
D)A is false but R is true.
A)Both A and R are true and R is the correct explanation of A
B)Both A and R are true and R is NOT a correct explanation of A
C)A is true but R is false
D)A is false but R is true.
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22
Section 149 of IPC is
A)Declaratory provision
B)Creates a distinct offence
C)A rule of evidence
D)None.
A)Declaratory provision
B)Creates a distinct offence
C)A rule of evidence
D)None.
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23
For Application of Section 149 of IPC:
A)The offender must be a member of unlawful assembly
B)The offence must have been committed in prosecution of the common object
C)Both (a) and (b)
D)None.
A)The offender must be a member of unlawful assembly
B)The offence must have been committed in prosecution of the common object
C)Both (a) and (b)
D)None.
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24
For an affray under Section 159 of IPC the minimum number of persons required is:
A)Five
B)Two
C)Four
D)None.
A)Five
B)Two
C)Four
D)None.
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25
Section 159 of IPC is attracted:
A)When there is exchange of abuses without exchange of blows.
B)When there is exchange of abuses with exchange of blows.
C)When there is exchange of abuses only
D)None.
A)When there is exchange of abuses without exchange of blows.
B)When there is exchange of abuses with exchange of blows.
C)When there is exchange of abuses only
D)None.
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26
Fight under Section 159 of IPC signifies:
A)Two opposite parties actively involved
B)Two parties one of which is passive
C)Two parties both of which are passive
D)None of the above.
A)Two opposite parties actively involved
B)Two parties one of which is passive
C)Two parties both of which are passive
D)None of the above.
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27
For an unlawful assembly under Section 141 of IPC, the minimum number of persons required is:
A)Five
B)Seven
C)Ten
D)None.
A)Five
B)Seven
C)Ten
D)None.
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28
Give correct response. The title to the plot no.125 Civil Lines. Allahabad had vested in the adopted son B, but the estate was managed for him by three ladies X, Y and Z, who appointed a manager who created a riot apparently to promote his own ends. In this case:
A)B is not liable but the manager is liable because he was responsible for managing the estate on behalf of B.
B)B is liable under section 154, I.P.C., because he was the owner of the land.
C)X, Y, Z the three ladies were liable under section 154 I.P.C. because the estate was managed by them and they had appointed the manager.
D)Neither B nor the three ladies but the manager only is liable for the offence.
A)B is not liable but the manager is liable because he was responsible for managing the estate on behalf of B.
B)B is liable under section 154, I.P.C., because he was the owner of the land.
C)X, Y, Z the three ladies were liable under section 154 I.P.C. because the estate was managed by them and they had appointed the manager.
D)Neither B nor the three ladies but the manager only is liable for the offence.
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29
Give incorrect response. An unlawful assembly is an assembly of five or more persons if the common object of the persons composing that assembly is:
A)To commit any mischief or criminal trespass, or other offences 27.
B)To resist the execution of any law, or of any legal process.
C)By means of criminal force, or show of criminal force to compel any person to do what he is legally found to do or to omit to do what he is not legally entitled to do.
D)To overawe by criminal force, or show of criminal force, the Central or any State Government or Parliament or the legislature of any State, or any public servant in the exercise of the lawful power of such public servant.
A)To commit any mischief or criminal trespass, or other offences 27.
B)To resist the execution of any law, or of any legal process.
C)By means of criminal force, or show of criminal force to compel any person to do what he is legally found to do or to omit to do what he is not legally entitled to do.
D)To overawe by criminal force, or show of criminal force, the Central or any State Government or Parliament or the legislature of any State, or any public servant in the exercise of the lawful power of such public servant.
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30
Point out incorrect response. Common object within the meaning of Section 149 means :
A)Offence must have been committed by such member in prosecution of the common object of the unlawful assembly.
B)Offence committed by any member of an lawful assembly.
C)Offence committed may be such as the members of the unlawful assembly knew to be likely to be committed in prosecution of the common object of the assembly.
D)No person can be punished only by virtue of his membership of the unlawful assembly, some act or participation in crime in some form by him is necessary
A)Offence must have been committed by such member in prosecution of the common object of the unlawful assembly.
B)Offence committed by any member of an lawful assembly.
C)Offence committed may be such as the members of the unlawful assembly knew to be likely to be committed in prosecution of the common object of the assembly.
D)No person can be punished only by virtue of his membership of the unlawful assembly, some act or participation in crime in some form by him is necessary
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31
Give the correct response?
A)Sec. 149 is only a rule of evidence.
B)Sec. 149 does create specific offence.
C)Sec. 149 does not create any specific offence.
D)None of the above.
A)Sec. 149 is only a rule of evidence.
B)Sec. 149 does create specific offence.
C)Sec. 149 does not create any specific offence.
D)None of the above.
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32
To apply Sec. 149 :
A)A person should be a member of unlawful assembly.
B)Active participation of each of the person is necessary.
C)Both (a) and (b).
D)None of the above.
A)A person should be a member of unlawful assembly.
B)Active participation of each of the person is necessary.
C)Both (a) and (b).
D)None of the above.
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33
Sec. 149 has the following essentials:
A)Such offence must have been committed in prosecution of the common object of the assembly.
B)Commission of an offence by any member of an unlawful assembly.
C)Both (a) and (b).
D)None of the above.
A)Such offence must have been committed in prosecution of the common object of the assembly.
B)Commission of an offence by any member of an unlawful assembly.
C)Both (a) and (b).
D)None of the above.
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34
Under Sec. 149 if any offence is done by any member of unlawful assembly in furtherance of common object :
A)All the member of unlawful assembly only that member is liable for the offence who commit the offence.
B)Only that member is liable for that offence.
C)All of them will be guilty of that offence.
D)None of the above.
A)All the member of unlawful assembly only that member is liable for the offence who commit the offence.
B)Only that member is liable for that offence.
C)All of them will be guilty of that offence.
D)None of the above.
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35
Sec. 149 speaks of :
A)Common object.
B)Common intention.
C)Both (a) and (b).
D)None of the above.
A)Common object.
B)Common intention.
C)Both (a) and (b).
D)None of the above.
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36
To apply Sec. 149 there must be at least :
A)Fifteen persons.
B)Ten persons.
C)Five persons.
D)None of the above.
A)Fifteen persons.
B)Ten persons.
C)Five persons.
D)None of the above.
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37
"In prosecution of common object" -- this phrase does mean :
A)During the prosecution of the common object of unlawful assembly.
B)The offence committed was immediately unlawful assembly.
C)Both (a) and (b).
D)None of the above.
A)During the prosecution of the common object of unlawful assembly.
B)The offence committed was immediately unlawful assembly.
C)Both (a) and (b).
D)None of the above.
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38
Six persons were charged under Sec. 302/ 149 IPC -- two were acquitted, the remaining four cannot be convicted under :
A)Sec. 302.
B)Sec. 149.
C)Both (a) and (b).
D)None of the above.
A)Sec. 302.
B)Sec. 149.
C)Both (a) and (b).
D)None of the above.
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39
In the above said question the remaining four persons :
A)Cannot be convicted under Sec. 302/149 IPC.
B)Can be convicted under Sec. 302 only.
C)Cannot be convicted under Sec. 302/32 IPC.
D)Can be convicted under Sec. 302/32 IPC.
A)Cannot be convicted under Sec. 302/149 IPC.
B)Can be convicted under Sec. 302 only.
C)Cannot be convicted under Sec. 302/32 IPC.
D)Can be convicted under Sec. 302/32 IPC.
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40
Give incorrect response. The following are the essentials of an unlawful assembly:
A)The object of the assembly must be to resist the execution of any law or of any legal process.
B)There must be more than five persons to constitute an unlawful assembly.
C)The object of the assembly must be to commit any mischief or criminal trespass or, other offence.
D)The object of the assembly may be to overawe by criminal force, or show of criminal force the Central or any State Government.
A)The object of the assembly must be to resist the execution of any law or of any legal process.
B)There must be more than five persons to constitute an unlawful assembly.
C)The object of the assembly must be to commit any mischief or criminal trespass or, other offence.
D)The object of the assembly may be to overawe by criminal force, or show of criminal force the Central or any State Government.
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41
Point out incorrect response. An assembly of five or more persons is designated an "unlawful assembly" if the common object of the persons composing that assembly is :
A)By means of criminal force, or show of criminal force, to compel any person to do what he is not legally bound to do, or to omit to do what he is legally entitled to do.
B)By means of criminal force or show of criminal force, to any person to take or obtain possession of any property, or to deprive any person of the enjoyment of a right of way, or of the use of water or other incorporeal right of which he is in possession or enjoyment, or to enforce any right or supposed right.
C)To overawe by criminal force, or show of criminal force the union judiciary or the judiciary of the state, or any public servant in the exercise of the lawful power of such public servant.
D)To overawe by criminal force, or show of criminal force the parliament or the legislature of any state or the central or any State Government.
A)By means of criminal force, or show of criminal force, to compel any person to do what he is not legally bound to do, or to omit to do what he is legally entitled to do.
B)By means of criminal force or show of criminal force, to any person to take or obtain possession of any property, or to deprive any person of the enjoyment of a right of way, or of the use of water or other incorporeal right of which he is in possession or enjoyment, or to enforce any right or supposed right.
C)To overawe by criminal force, or show of criminal force the union judiciary or the judiciary of the state, or any public servant in the exercise of the lawful power of such public servant.
D)To overawe by criminal force, or show of criminal force the parliament or the legislature of any state or the central or any State Government.
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42
An assembly is unlawful if--
A)The common object of the persons composes that assembly is unlawful.
B)It consisted of five or person.
C)Both (a) and (b).
D)One of these.
A)The common object of the persons composes that assembly is unlawful.
B)It consisted of five or person.
C)Both (a) and (b).
D)One of these.
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43
An assembly is unlawful if it consisted of five or more persons & the common object of that assembly is
A)To resist the excluding of law & other legal process.
B)It commit mischief, criminal trespass or any other offence.
C)To overawe by criminal force, force the Central Govt., State Govt. etc.
D)All of these.
A)To resist the excluding of law & other legal process.
B)It commit mischief, criminal trespass or any other offence.
C)To overawe by criminal force, force the Central Govt., State Govt. etc.
D)All of these.
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44
Give the correct response.
A)Mere presence in an assembly does not make a person a member of unlawful assembly.
B)It does not make unless it is shown that he had done something which will make him member of unlawful assembly.
C)Both (a) and (b).
D)None of the above (b).
A)Mere presence in an assembly does not make a person a member of unlawful assembly.
B)It does not make unless it is shown that he had done something which will make him member of unlawful assembly.
C)Both (a) and (b).
D)None of the above (b).
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45
It is an lawful assembly -------------- Where five or more person assembly forming by force a right
A)Which they did not possess.
B)Which they bona fide believe they do not possess.
C)Which they supposed to be possessed.
D)All of these.
A)Which they did not possess.
B)Which they bona fide believe they do not possess.
C)Which they supposed to be possessed.
D)All of these.
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46
An assembly ---------
A)Can become unlawful unless it has been indicated to them by public authorities.
B)Can become unlawful for subsequent acts of its member.
C)Both (a) and (b).
D)None of the above.
A)Can become unlawful unless it has been indicated to them by public authorities.
B)Can become unlawful for subsequent acts of its member.
C)Both (a) and (b).
D)None of the above.
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47
Give the correct response
A)Itself acts of one or two members not acquiesced by others also change the character of assembly.
B)An assembly can become unlawful by subsequent acts of its members.
C)Both (a) and (b).
D)None of the above.
A)Itself acts of one or two members not acquiesced by others also change the character of assembly.
B)An assembly can become unlawful by subsequent acts of its members.
C)Both (a) and (b).
D)None of the above.
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48
For being a member of unlawful assembly -------
A)The person knows the common object of assembly.
B)The person is along with assembly.
C)Some avert act should be done by that person.
D)All of these.
A)The person knows the common object of assembly.
B)The person is along with assembly.
C)Some avert act should be done by that person.
D)All of these.
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49
A person a member of unlawful assembly was armed with deadly weapon while other's were not.
A)The enhanced punishment can be inflicted on all members if they knew that the member was equipped with deadly weapons.
B)The enhance punishment can be inflicted to all the members of assembly.
C)The enhanced punishment can be inflicted only on that particular member.
D)None of the above.
A)The enhanced punishment can be inflicted on all members if they knew that the member was equipped with deadly weapons.
B)The enhance punishment can be inflicted to all the members of assembly.
C)The enhanced punishment can be inflicted only on that particular member.
D)None of the above.
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50
Give the correct response
A)Rioting is an unlawful assembly in a particular state of activity.
B)Rioting is different from the offence of unlawful assembly.
C)Both (a) and (b).
D)None of the above.
A)Rioting is an unlawful assembly in a particular state of activity.
B)Rioting is different from the offence of unlawful assembly.
C)Both (a) and (b).
D)None of the above.
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