Deck 16: Theft and Extortion

Question 1

A finds a ring lying on the road not in the possession of every person. A by taking it commits.

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

Answer 1

Criminal misappropriation of property.

Question 2

A sees a watch belonging to Z lying on a table in Z's house, not wanting to misappropriate the watch immediately to avoid search and detection, hides the watch in a place from where it can not be found. A commits theft when the watch

A)Hidden by A.
B)Intended by A to subject it of theft.
C)First moved from its place.
D)A does not commit theft but criminal branch of trust.

Answer 2

First moved from its place.

Question 3

A owes money to Z for repairing it. If Z retains the watch as a security. A takes the watch out of Z's possession.

A)A does not commit theft.
B)A commits theft if he takes dishonestly.
C)Z commits theft.
D)A and B both commits theft of each others property.

Answer 3

A commits theft if he takes dishonestly.

Question 4

A being in family terms with Z, goes in Z's library in his absence and takes away a book for the purpose of reading it. A afterwards A keeps the book. A commit

A)Theft.
B)Theft if he keeps the book dishonestly.
C)No offence.
D)Attempt to commit theft.

Question 5

A is paramour of Z's wife. She gives a ring of gold which A knows to belong to her husband Z.

A)A does not commit theft.
B)A commits theft of ring.
C)Z's wife commit theft.
D)None of the above.

Question 6

A in good faith, believing property belonging to Z to be his own property. takes that property out of B's possession

A)A commits theft.
B)A commits no theft as he does not take away the property dishonestly.
C)A commits no theft because property belongs to Z was not takes from his possession.
D)A commits no theft because he takes the property out B's possession.

Question 7

For the offence of theft the taking of property there should be

A)Temporary.
B)Permanent.
C)Either permanent or temporary.
D)Neither permanent nor temporary.

Question 8

Accused took out an Indian Air Force plane for an authorized flight and afterwards did not return. A is guilty of

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

Question 9

Give the correct response

A)A person can not be Convicted of stealing his own property.
B)A person can be convicted of stealsing his own property.
C)A person can be convicted of stealing his own property if he takes it dishonestly from an others possession.
D)All of these.

Question 10

For the offence of theft, the thing stolen must be-------

A)Of Rs. 200/- in value.
B)Of Rs. 5/- in value.
C)Of raw value.
D)All of the above.

Question 11

The accused dropped in to the slit in a box, a brass disk, about the size and shape of a fifty paisa coin and there - by obtained a cigarette. He is guilty of

A)Extortion.
B)Criminal Brach of trust.
C)Theft.
D)No offence.

Question 12

Give the correct response

A)For the offence of theft the property must be movable.
B)Though water running in the pipes is immovable, it may be subjected to theft.
C)Both (a) and (b).
D)None of the above.

Question 13

A puts a bait for dogs in his pocket thus induces Z's dog to follow it without Z's consent ------

A)A commits no theft.
B)A commits criminal breach of trust.
C)Commits the ft as soon as Z's dog had being to follow.
D)Commits theft as soon as Z's dog began to follow A and A's intention is dishonest.

Question 14

Point out incorrect response. The following are the essential elements of the offence of extortion:

A)Dishonestly inducing the person so put in fear of injury to deliver to any person or property or valuable security.
B)Intentionally putting a person in fear of injury to himself or to another.
C)The property is delivered to the extortionist as a means of avoiding injury.
D)The property must always be a movable property.

Question 15

Give correct response. The following are illustrations of the offence of extortion :

A)A threatens B that he will kidnap his son unless B gives within 48 hours Rupees 500 to C. B gives Rs.500 to C.
B)A meets B on the high road, shows a pistol and extracts B's purse.
C)A meets B and his child C on the high road. A takes the child and threatens to fling it down a precipice unless B delivers his purse. B in consequence delivers his purse to A.
D)A in snatching a nose ring wounded a woman in the nostril and caused her blood to flow.

Question 16

Extortion has following ingredients:--

A)Dishonestly inducing the person so put in fear to any person any property or valuable security.
B)Intentionally putting a person in fear of injury to himself or another.
C)Both (a) and (b).
D)None of the above.

Question 17

The offence of extortion can be committed against

A)Immovable property.
B)Valuable security.
C)Movable property.
D)All of the above.

Question 18

The difference between theft and extortion is that

A)Former is related to immovable property while latter is related to movable property.
B)In former offence taken the property with out owner's consent while in latter by wrongfully obtaining the consent.
C)Both (a) and (b).
D)None of the above.

Question 19

A threatens to publish a defamatory libel concerning Z unless Z gives him money. He thus induced Z to give his money. A has committed

A)Robbery.
B)Dacoity.
C)Theft.
D)Extortion.

Question 20

A by putting Z in fear of grievous hurt dishonestly induces Z to sign or affix his seal on a blank paper and deliver it to A. Z sign and delivers a paper to A. A is guilty of

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

Question 21

In the offence of extortion trust should be used against

A)Himself.
B)His family.
C)His relations.
D)Any one.

Question 22

Which of the following act/acts amount/amounts to extortion

A)Refusal to allow people to carry away firewood collected in a government forest.
B)Obtaining of a bond under the threat of non-rendering of service as a wakil.
C)Refusal to perform a marriage ceremony without taking payment of Rs. 5/00.
D)None of the.

Question 23

In all cases of robbery, there is

A)Either theft or extortion.
B)Theft.
C)Extortion.
D)Theft, extortion and mischief.

Question 24

Give the correct response

A)The chief distinguishing element in robbery is the presence of imminent fear of violence.
B)There can be no robbing which does not fall with in the definitions of theft and extortion.
C)Both (a) and (b).
D)None of the above.

Question 25

A meets Z on a high way, shows a pistol and demands Z's purse. Z in consequence gives his purse. A has committed.

A)Robbery.
B)Extortion.
C)Theft.
D)Dacoity.

Question 26

A meets B and his child in a jungle. A takes the child and threatens to kill him unless B delivers his purse. A has committed

A)Theft.
B)Robbery.
C)Docoity.
D)Extortion.

Question 27

A person 'A' caused hurt to run away when caught while stealing. He is guilty of committing

A)Robbery.
B)Decoity.
C)Theft.
D)Extortion.

Question 28

The accused abandoned the property obtained by theft and fired a shot in air to deter his persons from following him. A has committed

A)Robbery.
B)Theft.
C)Dacoity.
D)Extortion.

Question 29

Give the correct response

A)An accidental infliction of injury by a thief will not convert his offence in to robbery.
B)The injury may be intended an unintended are.
C)For the offence of robbery the presence of imminent fear or violence is necessary.
D)All of these.

Question 30

A person in snatching a mosering, wound a woman in the nostril and caused her blood to flow. He committed

A)Extortion
B)Dacoity
C)Theft.
D)None of the above

Question 31

Robbery is dacoity, if it is committed by

A)By at least four persons.
B)By at least five persons.
C)By at least two person.
D)By at least three persons.

Question 32

Which one of the following is an offence which is punishable at four stages

A)Dacoity
B)Murder
C)Robbery
D)Rape

Question 33

Dacoity is punishable

A)When five or more persons assemble for the purpose of committing dacoity.
B)preparation to commit dacoity.
C)Attempt of dacoity.
D)All of these.

Question 34

The master of the house seeing the large number of dacoits, do not offer any resistance and no force or violence is used in taking away the property. The offence committed is

A)Dacoity
B)Robbery
C)Theft.
D)Extortion

Question 35

Where there were only five named accused who committed dacoity. out of these two were acquitted holding that only three took part in the offence. The remaining three can be convicted of

A)Robbery.
B)Docility.
C)Unlawful assembly.
D)No offence.

Question 36

If murder is committed by any one of the dacoits in commission of dacoity. Each shall be punished with

A)Death.
B)Rigorous imprisonment for ten years.
C)Imprisonment for life.
D)Any one of the above.

Question 37

The house of a person was raided by a gang of five dacoits. One of them was armed with a gun. Mean while a number of villagers had assembled outside the house and compelled dacoits to retreat with out the booty. The dacoits fired a shot resulted in the death of a villager

A)All dacoits are liable for murder.
B)Only the dacoit who fired the shot is liable.
C)Villagers are liable as they assembled at the spot.
D)None of the above.

Question 38

For the offence of criminal misappropriation--

A)There must be dishonest misappropriations in conversion of property for a person's own.
B)Such property must be immovable.
C)Both (a) and (b).
D)None of the above.

Question 39

The accused found a purse on the pavement of a temple in a crowded gathering and put it in his pocket but was immediately arrested. He is guilty of

A)Criminal breach of trust.
B)Criminal misappropriation.
C)Theft.
D)Of no offence.

Question 40

A find a valuable ring on the road not knowing to whom it belongs. A picked up immediately. A is guilty of

A)Criminal misappropriation.
B)Criminals breach trust.
C)Theft.
D)No offence.

Question 41

The accused purchased a watch for Rs.100 from a house. The accused is guilty of

A)Theft.
B)Criminal breach of trust.
C)Criminal misappropriations of property.
D)No offence.

Question 42

A Hindu girl paked up a memebrs made it over to an sweeper girl. Her brother 'B' had found the original owner. B is guilty of

A)Theft.
B)Extortion.
C)Cheating.
D)Criminal misappropriation.

Question 43

The difference between theft & criminal misappropriation is/are

A)Intention in former is manifested by wrongful taking while in later it is manifested when property is transformers in his own use.
B)In former the offender dishonestly takes property while in later possession come innocently.
C)Both (a) and (b).
D)None of the above.

Question 44

A and B were about to travel by the same train from Benares city. A had a ticket for Ayodhya and B for Benares cantt. A voluntarily handed over her ticket to be checked. B under the pretence of returning his ticket substituted the tickets and kept A's ticket. A commits

A)Criminal misappropriation.
B)Criminal breach of trust.
C)Cheating.
D)Mischief.

Question 45

Z dies in possession of furniture and money. His servant A' before he comes in to the possession of any person entitled for the same, uses it for his own purposes. A has committed

A)Criminal breach of trust.
B)Cheating.
C)Criminal misappropriation.
D)No offence.

Question 46

A person sells the house of Z when he dies. A commits

A)Criminal misappropriation.
B)Extortion.
C)Theft.
D)None of the above.

Question 47

The offence of criminal breach of trust requires

A)The person entrusted dishonestly misappropriates the property to his own use.
B)Entrusting any person with any property or any dominion over the property.
C)Both (a) and (b).
D)None of the above.

Question 48

The offence of criminal breach of trust consists of

A)Conversion.
B)Disposal of property.
C)Misappropriation.
D)Any one of these.

Question 49

A person who obtains possessions by a trick-------

A)Commits theft.
B)Commits theft
C)Is an entrustment of property with in the meaning of this section.
D)Is not entrustment of property.

Question 50

Accused 'A' obtained utensils representing that he was a tenant and would return after repairing but he did not return the utensils and it was found that he was not the tenant. A is guilty of

A)Cheating.
B)Criminal breach of trust.
C)Theft.
D)Mischief.

Question 51

The offence of criminal breach of trust relates to

A)Movable property.
B)Immovable property.
C)Either of the above.
D)Neither of the above.

Question 52

Give the correct response

A)Dishonest intention is gist of criminal breach of trust.
B)Negligence on the part of person does not amount to dishonest intention.
C)Both (a) and (b).
D)None of the above.

Question 53

An accountant in a bank receives some money from a customer instead of depositing it kept it, in his pocket, he is guilty of

A)Criminal misappropriation.
B)Criminal breach of trust.
C)Cheating.
D)Theft.

Question 54

A the husband of B gave her some money to deposit in the bank in his name. She uses that money in purchasing a small house for herself. She is guilty of

A)Theft.
B)Criminal breach of trust.
C)Extortion.
D)No offence.

Question 55

The husband and father in law turned out a Hindu woman from the marital home and refused to return her money and ornaments. They are guilty of

A)Criminal misappropriation.
B)Can not say.
C)Criminal breach of trust.
D)No offence.

Question 56

Give incorrect response. The following are ingredients of the offence of criminal misappropriation:

A)Misappropriation must be permanent.
B)Dishonest misappropriation or conversion of property for a persons own use.
C)The property may come into the possession innocently but its subsequent appropriation constitutes the offence.
D)Property must be movable.

Question 57

Give correct response. The following are illustrations of the offence of criminal misappropriation :

A)A shows his ticket from Allahabad to Delhi to B and inquires whether it was a correct one. B who was also a passenger to Delhi hands over his own ticket for a shorter journey to A and retains his ticket for his use.
B)A, a mail sorter secrets letters with intention to hand them over to the delivery peon and share the money payable thereon.
C)A takes his meals in a hotel and leaves the hotel without paying for the meals but because of forgetfulness.
D)A found a gold coin on an open plain and sold it next day and appropriated the sale proceeds. A had no information about the circumstances in which the coin was lost.

Question 58

Point out incorrect response. The following are the ingredients of the offence of criminal Breach of trust :

A)The trust for which a property is entrusted must always be in furtherance of any lawful object.
B)The person entrusted with the property dishonestly uses or disposes of that property in violation of any direction of law or any legal contract prescribing the discharge of such trust.
C)The person entrusted with the property dishonestly misappropriates or converts to his own use that property.
D)A person must have been entrusted with property or with any dominion over property.

Question 59

Point out incorrect response. The following are some of the illustrations of the offence of criminal breach of trust :

A)A had borrowed Rs.500/- from B. One day A left his trunk at B's house and went to enjoy holidays. On return A asked for his trunk from B. B did not allow A to take out his trunk unless the debt owed by A was paid to B.
B)A, a printer uses certain blocks, entrusted to him to print the complainants catalogue for the purpose of printing a rival firms catalogue.
C)A was employed at a liquor shop for selling liquor. He has agreed not to adulterate and sell adulterated liquor. One day he took out one gallon liquor for his own use and mixed an equal quantity of water and sold it.
D)A, an Inspector of the water works department who was entrusted to check the distribution of water permits his tenant to use water without paying the tax and gives no information to his employer.

Question 60

Give correct response. The following is an illustration of cheating :

A)A has already paid his house rent to his land lord B and obtained a receipt. A lost the receipt. A prepared a receipt for rent in lieu of the genuine receipt already lost and forged the signature of B, his landlord so that he may not be asked by B to pay the rent again.
B)A has no account at his bankers. But B supposes that A has and on that supposition B forges A's name on a cheque.
C)A altered his date of birth in his High School certificate and produced a copy of the forged certificate to his employer B in order to deceive him to get an employment.
D)A sells his land to B. A, knowing that he has no right to property in the land, makes a subsequent sale of the same land in favour of C without disclosing the fact of previous sale to B and receives the purchase money from C.

Question 61

Assertion (A): The Indian Penal code contains certain exceptions from criminal liability. Reason (R): There cannot be universal criminal liability in all circumstances. 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.

Question 62

when a person is made to commit a crime after being put under fear of death, there is:

A)No mens rea
B)Mens rea
C)No offence
D)Neither mens rea nor offence.

Question 63

The Courts have evolved some tests to determine at what stage an act or a series of acts done towards the commission of the intended offence would become an attempt. Identify which one of the following test is not correct?

A)Proximity test
B)Impossibility test
C)Locus standi test
D)Social danger test.

Question 64

If acts no fact reum nisi means sit rea is a cardinal principle of criminal law, then which one of the following statements correctly reflects the above principle?

A)Mens rea is an essential element of a crime and there cannot be a crime without means rea.
B)Criminal liability under Indian Law always implies mens rea
C)To constitute a crime there must be actus rues and mens rea
D)Actus reus is not always necessary to constitute a crime.

Question 65

Which one of the following is associated with Common Intention?

A)Similar intention
B)Pre-mediated concert
C)Same intention
D)Unanimous decision in a meeting to do a particular act.

Question 66

Which is one of the following statements correctly describes the concept of 'Mens rea'?

A)Mens rea needs be present at the stage of planning, but not act the stage of commission of the offence.
B)Mens rea should be excluded unless the statute specifically requires it to be proved.
C)Absolute prohibition is not required to negate mens rea
D)If the statute is silent about mens rea, as a general rule it should be read into the statute.

Question 67

A right which has a co-relative duty and can be legally enforced is called:

A)An antecedent right
B)A remedial right
C)A perfect right
D)An imperfect right.

Question 68

The essential ingredients of a crime are:

A)Motive, mens rea and actus reus
B)Motive, intention and knowledge
C)Actus reus and mens rea
D)None.

Question 69

Give correct response. The common law rule is that no person is criminally liable for the act of another unless he has authorised or assented to it. The following are exceptions to this rule:

A)Criminal Trespass.
B)Private Nuisance.
C)Riot.
D)Public Nuisance.

Question 70

Point out best response. Of all the doctrines that are of fundamental importance in criminal jurisprudence, the rule is that:

A)A man is presumed innocent until he is proved guilty and that the benefit of all reasonable doubts must be given to the accused.
B)Whenever a case is brought with in the forecorners of a statute, the burden lies upon the accused to prove that the act was done innocently and not intentionally or negligently.
C)Whenever the prosecution alleges the commission of a crime and prima facie establishes the guilt of the accused the burden lies upon the defence to disporve the prosecution story.
D)Where the evidence adduced by the accused fails to satisfy the court affirmatively of the existence of circumstances bringing the case with the general exception pleaded, the accused shall not be entitled to acquittal in any circumstance whatsoever.

Question 71

Point out incorrect response. There is a presumption that mens rea and evil intention or knowledge of the wrongfulness of the act, is an essential in every offence. However, the following are some of the exceptions to this general rule:

A)Acts which are not criminal in any sense, but are acts which in the public interest are prohibited under the penalty.
B)Cases of public nuisance where the employer is liable on indictment for nuisance caused by workmen without his knowledge and contrary to his orders.
C)There may be cases in which, although the proceeding is criminal in form, it is really as summary mode of enforcing civil right.
D)All cases of private nuisance.

Question 72

Give best response. Acts reus and mens rea are the two most essential elements of a crime. Actus reus means as follows :

A)External manifestation of will is known as actus reus.
B)Actus reus means the act, omission or other event indicated in the definition of the crime charged as being prescribed by criminal law.
C)Actus reus are such bodily movements as are prohibited by law.
D)Actus reus means such physical act of a human being as the law seeks to prevent.

Question 73

Point out incorrect response. The following are the examples of cases of strict liability at common law:

A)Private libel.
B)Public nuisance.
C)Contempt of Court.
D)Public as well as private nuisance.

Question 74

Point out incorrect response. The doctrine of mens rea requires a mind at fault in all offences. To this general rule, the exceptions are found in statutory offences. Some of the exceptions are offences relating to:

A)Public welfare offences relating to regulation of road traffic.
B)Public welfare offences, such as sale of adulterated drugs or food articles.
C)Abduction and Bigamy in common law.
D)Liability of the master for the acts of his servants.

Question 75

Point out incorrect response. The maxim nullum poena sine leg, nullum crimes sine leg, known as the principle of legality implies the following:

A)Non-retroactivity of penal laws i.e. no person shall be punished except in pursuance of a statute which fixes a penalty for a criminal conduct.
B)No person shall be prosecuted and punished for the same offence more than once.
C)Penal statutes are to be construed strictly against the state and in favour of the accused.
D)It lays down an injunction to the legislature not to lay down the law in broad general terms but it must be certain and also that penal laws should be accessible and intelligible.

Question 76

Point out incorrect response. The following are the fundamental principles of criminal jurisprudence:

A)No person accused of an offence shall be compelled to be a witness against himself.
B)No person can be put to peril twice for the same offence.
C)A man is presumed innocent unless he is proved guilty i.e., the burden of proving the guilt lies on the prosecution and benefit of all reasonable doubts is given to the accused.
D)Whenever insanity is pleaded in defence by the accused the burden shall lie upon the prosecution to prove that the accused was of sound mind at the time of commission of the offence.

Question 77

Give correct response. Generally speaking the elements of a crime are:

A)Mens rea and acts reus are the two most important elements of a crime; whereas motive is never a relevant factor in determination of criminal liability.
B)Motive is never taken into consideration to determine the criminal liability of a person, only actus reus is important.
C)Motive, mens rea and actus reus; all are essential elements of a crime.
D)Motive is some times more important than mens rea to determine the criminal liability of a person.

Question 78

Point out incorrect response. Actus reus and mens rea are the two important elements of a crime. Actus reus may be defined as 'such result of human conduct as the law seeks to prevent.' It is made up of three constituent parts, namely :

A)Act may be done voluntarily or involuntarily.
B)Such act as is 'prohibited by law.'
C)Human action which is usually termed as 'conduct'.
D)The result of such act in the specified circumstances i.e., injury.

Question 79

Give best response. Actus non facit reum nisi mens sit rea, (act itself does not make a man guilty unless his intentions were so). Thus mens rea means:

A)Expectations in the mind that the bodily motions will lead to certain consequences.
B)Mens rea means the mental state expressly or impliedly mentioned in the definition of the crime charged, which mental state constitutes a necessary requirement of that crime.
C)Mens rea denotes that guilty frame of mind with which an act is done.
D)Mens rea means evil intent or knowledge of the wrongfulness of conduct.

Question 80

Give correct response. Negligence in crime means :

A)A man is said to be negligent with respect to the consequences of his act, if he foresees the probability that it will occur, but does not desire it, nor foresees it as certain.
B)The state of mind of a person who foresees the possible consequences of his conduct, but acts without any intention or desire to bring them about.
C)An attitude of mental indifference to obvious risk.
D)Want of care and precaution which a reasonable man would have taken under the particular circumstances of the case.