UP CIIVIL JUDGE EXAMINATION 2012

SELF STUDY KIT

SUBJECT: INDIAN PENAL CODE Number of Questions: 2000 Plus

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1.

Which one of the following is the date of enforcement of Indian Penal Code, 1860? (UJS 2008) a. January 1,1860 b. July 1 ,1860 c. January 1,1861 d. January 1,1862

2.

Sanjay, a resident of Bangalore, is an agent of Rahul in Calcutta. There is an express contract between them that all sums remitted by Rahul to Sanjay will be invested by Sanjay according to Rahuls directions. Rahul remits Rs10 lakh to Sanjays account and asks him to invest it in shares of Invest more Ltd. Sanjay instead, without Rahuls consent, invests it in Netgain Ltd. believing it to be a better prospect. Rahul suffers a loss. In these circumstances Sanjay (DJS 2008) a. can be said to have committed the offence of criminal breach of trust. b. can be said to have committed the offence of cheating. c. can be said to have committed the offence of theft of property. d. None of these

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3.

Sexual intercourse by a man with his wife without her consent is rape (DJS 2008) a. Where the wife is less than sixteen years of age. b. Where the wife is less than eighteen years of age. c. Where the wife is less than fifteen years of age, d. Irrespective of the age of the wife.

4.

The offence of the attempt to commit Suicide is

(DJS 2008)

a. has been declared to be unconstitutional by the Supreme Court of India b. is punishable with simple imprisonment for a term which may extend to one year and fine or both. c. is punishable only with fine. d.is punishable with simple imprisonment for a term which may extend to two years.

5.

For the offence punishable under Section 304 Part II of the Indian Penal Code, it must be proved by the prosecution that the act by which death is caused (DJS 2008) a. is done with the intention of causing death or of causing such bodily injury as is likely to cause death.

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b. is done with the knowledge that it is likely to cause death but without any intention to cause death or to cause such bodily injury is likely to cause death. c. is done with both the knowledge and the intention of causing death. d. is done neither with the knowledge nor with the intention to cause death

6.

The offence under Section 498A IPC is (DJS 2008) a. cognizable, compoundable and punishable with imprisonment for a term which may extend to three years and with fine. b. non-cognizable, non-compoundable and punishable with

imprisonment for a term which may extend to seven years, and with fine. c. cognizable and non-compoundable, punishable with imprisonment for a term which may extend to three years and with fine. d. non-cognizable, compoundable and punishable for a term which may extend to two years or fine or both.

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7.

Which one of the following limitations to the rule of Volenti non fit injuria is not correct? (UJS 2006) a. The consent should be free b. Consent to illegal act is no consent c. Consent in rescue cases is no consent d. More knowledge of the risk is not assumption to the risk

8.

A sings obscene songs near the gate of Girls Degree College, what offence he has committed? (UD PCS 2006) a. Assault b. Outraging the modesty of a women c. Criminal intimidation d. Obscenity

9.

The principal of criminal liability Actus non facit reum nisi mens sit reawas developed by (UD PCS 2006) a. Equity courts b. Comon law courts c. Courts of Star Chamber d. Curia Regis

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10. Gorachand Gopee Vs. R is a leading case on a. Insanity b. Common intention c. Common object d. None of the above

(UD PCS 2006)

11. For a sexual intercourse by the husband against the will of his wife, to be a rape the age of the wife should be (UD PCS 2006) a. Below 17 years b. Below 15 years c. Below 16 years d. Below 18 years

12. Assertion (A). : To constitute the offence of abetment it is not necessary that the act abetted should be committed. Reason (R) : Because an abetment of an offence itself is an offence. (UD PCS 2006) Codes: a. (A) is false, but (R) is true b. (A) is true, but (R) is false c. Both (A) and (R) are true, and (R) is the correct explanation of (A).

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d. Both (A) and (R) are true, but (R) is not the correct explanation of (A).

13. X and Y agree to commit theft in Zs house but no theft is actually committed, they are guilty of a. No offence c. Abetment by instigation (UD PCS 2006) b. Abetment by conspiracy d. Criminal conspiracy

14. Match list-I with list-II and select the correct answer by using the code given below the lists List-I a. Insanity as a defence Ghosh b. Common intention c. Necessity d. Mistake as a defence Codes : ABC D a. 1 2 3 4 ABC D b. 2 1 4 3 ABC D c. 3 2 4 1 ABC D d. 4 3 1 2 2. R. Vs. Mcnaughten 3. Bhavojivaji Vs. Mulji Dayal 4. R. Vs. Dudley and Stephen List-II 1. Emperor Vs. Barendra Kumar (UD PCS 2006)

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A instigates B to burn Zs house. B sets fire to the house and at the same time commits theft of property there. In this case (UD PCS 2006)

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a. A is guilty of theft by setting fire to the house b. A, though guilty of abetting the burning of the house, is not guilty of abetting the theft c. A is guilty of abetting the burning of the house as well as abetting the offence of theft d. A is neither guilty of abetting the burning of the house nor of theft

16. Some militants are hiding in a house occupied by an individual. Militants are engaged in an attack on the police party by firing from the house. The police persons, to defend themselves, fire towards the house and an innocent person in the house is hit by the bullet and dies as a result thereof. The police persons are guilty of (UD PCS 2006) a. No offence as they can claim the right of private defence b. Culpable homicide not amounting to murder c. Murder d. Death by rash or negligent act

17. A and B were going on a boat. Suddenly the boat began to sink. A pushed B in the river and saved himself. B was drowned (UD PCS 2006) a. A is justified in pushing B as it was an act of necessity b. No necessity except private defence is justifiable in killing a man

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c. It was done under compulsion d. All of the above are incorrect

19. The general exception based on the maxim de minimum non curat lex is a. Triviality b. Accident c. Consent (UD PCS 2006) d. Self-defence

20. The Supreme Court decision State Vs. Mayor Hans George (AIR 1965 SC 722 )is famous for (UD PCS 2006) a. Strict interpretation of the socio-economic offence statutes b. Condition of implied exclusion of a mens rea. c. Non-exclusion of mens rea unless the statute expressly requires so d. None of the above

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In which of the following case, The Supreme Court held that Persistent demand of dowry is cruelty against wife ? (UD PCS 2006) a. Hafizunissan Vs. Mohamad Yasin Khan b. Mohammed Ahmad Khan Vs. Shah Bano c. Anuradha Vs. Dr. Srikant d. Nijhawan Vs. Nijhawan

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22. In every statute mens rea is to be implied unless contrary is shown. This view was expressed in a. Harding Vs. Price b. R. Vs. Dudley c. Sherras Vs. De Rutzen d. R. Vs. Lipman (UD PCS 2006)

23. A instigates B to murder C. B refuses to do so. In this case A is liable to

(UD PCS 2006) a. Guilty of no offence b. Guilty of abetting B to commit murder c. Guilty of murder d. None of the above

24. What is the minimum of persons required to further the common object? ( UJS 2006) a. 2 or more than 2 persons c. 5 or more than 5 persons b. 4 persons d. Number of persons is not certain

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25. A occasionally has sexual intercourse with the wife of C without his consent. Under which Section of IPC C can seek remedy? (UD PCS 2006) a. 494 b. 495 c. 496 d. 497

26. The father and mother-in-law of a woman subject her to cruelty for dowry. Which of the following Section of IPC provides punishment? (UD PCS 2006) a. Sec. 323 b. Sec. 350 c. Sec. 349 d. Sec. 498 A

27. Against which of the following offences right of private defence of body does not extend to the causing of death? (UD PCS 2006) a. Rape c. Causing miscarriage b. Gratifying unnatural offence d. Kidnapping

28. Minimum number of Offenders for the commission of robbery under Indian Penal Code 1860 must be. a.One person b.Two Person b.Five Person (UJS 2008) d. Three Person

29. Section 149 of The Indian Penal Code, 1860 is a. A declaratory provision c. A rule of evidence

(UJS 2008)

b. Create a distinct offence d. All the above

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30. Which one of the following elements is not essential for the application of section (UJS 2008) a. Common Intention b. Commission of an offence c. Number of offenders be five d. Offence should be committed in furtherance of common intention 34 of Indian Penal Code, 1860 is

31. A intentionally pulls up a womans veil without her consent to make afraid of her is liable for . a. Assault b. Criminal force c. Hurt d. Defamation Ans. (b) (UJS 2008)

32. Basudev Vs State of Pepsu (AIR1956 SC 488) is a leading case of (UJS 2008) a. Infancy b. Insanity c. Intoxication d. All the above

33. Punishment for attempt to commit culpable homicide has been provided in the Indian Penal Code, 1860 under (UJS 2008) a. Section 303 b. Section 305 c. Section 306 d. Section 308

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34. A instigate B to burn the house of Z. B sets fire to the house and at the same time commit theft of the property there. A is guilty of . (UJS 2008) a. Abetting of theft b. Abetting of burning of house c. Abetting of theft and burning of house d. None of the above

35. X by putting Z in to fear of grievous hurt ,dishonestly induces Z to sign on a blank paper and deliver it to X ,Z signs and delivers it to X, here X has committed (UJS 2008) a. No offence b. Extortion c. Robbery d. Cheating

36. Death caused by rash and negligent act is covered is Indian Penal Code under a. Section 304 c. Section 300(exception) (UJS 2008) b. Section 304 A d. Section 301

37. Which one of the following is not an ingredient of theft? (UJS 2008) a. Dishonest intention b. Removal from possession c. Any property

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d. Without consent of the person in possession

38. A has sexual intercourse with a widow, with her consent, A is guilty of (UJS 2008)

a. Rape b. Adultery c. Insulting modesty of widow d. No offence

39. In which of the following cases it is held that Execution of death sentence by Public hanging is violative of Article 21 of the Constitution of India ? a.Nalini Vs Union of India b. Kehar Singh Vs Delhi Admin c. Attorney General Vs Lachma Devi d. PUCL Vs Union of India

40. What is the minimum imprisonment prescribed for use of deadly weapons in Dacoity? a. 10 years b. 07 years c. 05 years (UJS 2006) d. 14 years

41. Under which section of the Indian Penal Code, it is omission, and not an act, which is an offence?

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a. Section-491

b. Section-296

c. Section-468

d. Section-508

42. Under IPC, which one of the following sections makes provision of Solitary Confinement? a. Section-71 b. Section-72 c. Section-73 (UJS 2006) d. Section-74

43. Match List-I with List-II and select the correct answer using the codes given below the list(UJS 2006) List-I (Case) a. Kehar Singh Vs. Delhi Administration Defence b. Nawab Ali Vs. State of U.P. c. Vishwanath Vs. State of U.P. d. Mehboob Shah Vs. Emperor Codes: (a) (b) (c) (d) A. 2 B. 3 4 1 4 1 1 4 1 4 3 2 2 3 2. Criminal Conspiracy 3. Common Intention 4. Common Object List-II (Subject) 1. Right of Private

C. 3 D. 2

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44. Which one of the following offences is not compoundable under IPC ? (UJS 2006) a. Section-323 b. Section-334 c. Section-448 d. Section-307

45. 1 believes in operation Valmiki because every Saint has, a past and every criminal has a future. This statement is of (UJS 2006) a. Justice Sikri c. Justice Krishna Iyer b. Justice P. N. Bhagwati d. Justice J. S. Verma

46. Which

one

of

the

following

is

an

incomplete

crime?

(UJS 2006) a. Public Nuisance c. Unlawful Assembly b. Criminal attempt d. Riot

47. A, on grave and sudden provocation from Z fires a pistol at Z, who does not die, A is guilty of (UJS 2006) a. Attempt to murder b. Culpable homicide not amounting to murder c. Attempt to commit culpable homicide d. Grievous hurt

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48. X with the intention to kill Y supplies him powdered sugar believing it to be poison. Y eats the powder. X is guilty of (UJS 2006) a. No offence b. Attempt to commit murder c. Attempt to commit culpable homicide not amounting murder d. Abetment to commit murder

49. X is a good swimmer. He finds, Y, a child of seven years of age drowning in a canal. He could have saved the child but did not do so. The child is drowned. X is guilty of (UJS 2006) a. No offence c. Abetment of suicide d. Culpable homicide not amounting to murder b. Murder

50. An executioner who executes the death penalty is protected from criminal liability under which section of IPC? (UJS 2006) a. Section-97 b. Section-78 c. Section-79 d. Section-80

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