Sunday, February 11, 2024

QUESTION PAPER RPF ON MURDER

 Law class RPF AIPDM course 29 Jan 2024.

MURDER  AND CULPABLE HOMICIDE

 IPC BNS

 

  1. ------------- are the important forms of  MENS REA

a)      INTENTION

b)      NEGLIGENCE

c)      RECKLESSNESS

d)     ALL                                                                                              [D]

  1. intention = fore knowledge + desire

a)      TRUE

b)      PARTLY TRUE

c)      FALSE

d)     NONE                                                                               [A]

  1. A digs a pit in the way through which normally B passes through  and conceals it with grass, with the intention of killing B, C passes through the path and falls in the pit and is killed. A is not liable for killing C as A never intended it

a)      TRUE

b)      PARTLY TRUE

c)      FALSE

d)     NONE                                                                               [C]

  1. At times attempt is called as INCHOATE CRIMES

a)      TRUE

b)      PARTLY TRUE

c)      FALSE

d)     NONE                                                                               [A]

  1. The main object of punishment is / are

a)      to prevent the offender from committing crime again

b)      to prevent other persons from committing crimes

c)      to bring about reformation of the offender

d)     all the above                                                                                  [D]

  1. according to ---- theory, punishment should be severe

a)      deterrent

b)      preventive

c)      reformative

d)     expiatory                                                                           [A]

  1. According to ---- theory, punishment is for the purpose of disabling or preventing the offender from committing the of fence again,

a)      deterrent

b)      preventive

c)      reformative

d)     expiatory                                                                           [B]

  1. A fires a bullet into a bush, where unknown to him, B is lying hid, and the bullet kills B. A is not guilty of murder of B because , A had not fired intentionally at B

a)      TRUE

b)      PARTLY TRUE

c)      FALSE

d)     NONE                                                                               [ A]

  1. The right of private defence is absolute

a)      TRUE

b)      PARTLY TRUE

c)      FALSE

d)     NONE                                                                   [ C]

  1. Under criminal law, the jurisdiction to try a person for an offence depends upon

a)      the crime committed within local area of such jurisdiction

b)      his nationality

c)      the place where such person is found

d)     none                                                                                  [A]

  1. wrongful gain means,

a)      gain by unlawful means of property to which entitled

b)      gain bu unlawful means of property to which not entitled

c)      neither above

d)     both above                                                                        [ B ]

  1. A and B go to murder C, B stood on guard with a gun in hand but did not shoot C at all, A killed C,

a)      A &B both are liable for murder of C

b)      only A is liable for murder of C

c)      B is not liable as he did not perform any overt act

d)     Both A & C                                                                       [ A ]

  1. the maxim IGNORANTIA JURIS NON EXQUISAT

a)      ignorance of fact is no excuse

b)      ignorance of fact is an excuse

c)      ignorance of law is an excuse

d)     ignorance of law is no excuse                               [ D ]

  1. The burden of proving that the accused was insane at the time of commission of offence is on the accused

a)      TRUE

b)      PARTLY TRUE

c)      FALSE

d)     NONE                                                                   [ A ]

  1. The maxim ACTUS NON FACIT REA NISI MENS SIT REA

a)      crime has to be coupled with guilty mind

b)      crime is the result of guilty mind

c)      criminal mind leads to crime

d)     there can be no crime without a guilty mind        [ D ]

  1. The burden of proof that the accused was   insane at the time of commission of offence is on the prosecution

a)      TRUE

b)      PARTLY TRUE

c)      FALSE

d)     NONE                                                                               [ C ]

  1. The maxim DE MINIMIS NON CURAT LEX means law does not ignore any act which causes the slightest harm

a)      TRUE

b)      PARTLY TRUE

c)      FALSE

d)     NONE                                                                               [ C ]

  1. The defence of consent is not available in cases of

a)      consent to cause death

b)      consent to cause grievous hurt

c)      both A & B

d)     NONE                                                                   [ C ]

  1. For unsoundness of mind , the impairment of cognitive faculty of mind to escape criminal liability must be total

a)      TRUE

b)      PARTLY TRUE

c)      FALSE

d)     NONE                                                                   [ A ]

  1. For the defense of intoxication, to escape criminal liability , the degeneration of mental faculties

a)      must be partial

b)      must be total

c)      either A or B

d)     NONE                                                                   [ B ]

  1. The right of private defence is based on the natural instinct of

a)      self respect

b)      self preservation

c)      self reliance

d)     self sufficiency                                                      [ B ]

  1. RPD is

a)      available where there is no time to have recourse to the protection of public authorities

b)      available under all circumstances

c)      available where there is time to have the recourse to the protection of public authorities

d)     all the above                                                                      [ A ]

  1. RPD is available with respect to

a)      harm to body

b)      harm to immovable property

c)      harm to movable property

d)     all the above                                                                      [ D ]

  1. For a defence of intoxication to escape criminal liability, the intoxication can be self administered , or administered against his will or knowledge

a)      TRUE

b)      PARTLY TRUE

c)      FALSE

d)     NONE                                                                   [ B ]

  1. RPD is not available ,

a)      to the aggressor against an act done in private defence by the person attacked

b)      to the aggressor

c)      to the person who is attacked

d)     none                                                                                  [ B ]

  1. Mr M happened to be member of unlawful assembly, a factional fight ensued, during which, Mr M was injured and retired to the side, later on a man was killed

a)      M is not guilty of murder though he happened to be a member of unlawful assembly

b)      M is guilty of murder being a member of unlawful assembly with common intention

c)      M is not guilty of murder as he ceased to be a member of unlawful assembly a the time when the murder was actually committed

d)     none                                                                                  [ C ]

  1. Culpable homicide is not murder, if, it is committed under exercise of right of private defence being in good faith or grave and sudden provocation, or without premeditation in a sudden fight in the heat of passion upon a sudden quarrel

a)      TRUE

b)      PARTLY TRUE

c)      FALSE

d)     NONE                                                                   [ A ]

  1. Murder is defined as an act by which the death of a human is caused with a intention of causing of such bodily injury as the offender knows which is likely to cause the death of a person to whom the injury is caused

a)      TRUE

b)      PARTLY TRUE

c)      FALSE

d)     NONE                                                                   [ A ]

  1. grave and sudden provocation is

a)      question of law

b)      question of fact

c)      mixed question of fact and law

d)     none                                                                                  [ B ]

  1. S knows that R is suffering from the disease of heart ailment and also knows that one hit on Rs chest can cause cardiac arrest and cause death, S hits R once on chest and R dies, S is

a)      guilty of murder, he had knowledge that  his act in all probability is likely to cause death of R

b)      Guilty of no offense since the blow is not sufficient to cause death of a person in normal course or normal health

c)      guilty of culpable homicide not amounting to murder since he does not think that his act is likely to cause death

d)     none                                                                                  [ A ]

  1. culpable homicide is not murder if it is committed under

a)      irresistible impulse

b)      grave and sudden provocation

c)      self intoxication

d)     none                                                                                  [ B ]

  1. in the context of exception of grave and sudden provocation, which is correct

a)      lawful exercise of RPD does not give provocation

b)      provocation should not be voluntarily provocated by the offender

c)      lawful exercise of powers by a public servant in obedience to the law does not amount to provocation

d)     all the above                                                                      [ D  ]

  1. culpable homicide, is causing death,

a)      with the intention of causing such bodily injury as is likely to cause death

b)      with the knowledge that by such act death is likely to be caused

c)      with the intention of causing death

d)     all the above                                                                      [ D ]

  1. the essential ingredients of a crime are

a)      actus reus and mens rea

b)      knowledge cum intention and action

c)      motive, intention, and knowledge

d)     motive, mens rea, actus reus                                             [ A ]

  1. when the injury is intentional, and sufficient , to cause death , in the ordinary course of nature , and death follows, the offender is punishable for

a)      murder

b)      attempt to murder

c)      attempt to suicide

d)     culpable homicide not amounting to murder                                [ A ]

  1. whoever, causes death by doing an act with the intention of causing death, or with the intention of causing such bodily injury as is likely to cause death or with the knowledge that he is likely by such to cause death, commits the offence of culpable homicide

a)      TRUE

b)      PARTLY TRUE

c)      FALSE

d)     NONE                                                                               [ A ]

  1. QUIT FACIT PER ALIUM PER SE is the essence of one of the following principles of criminal liability

a)      joint criminal liability

b)      vicarious liability

c)      strict liability

d)     absolute liability                                                                [ A ]

  1. X and Y go to murder Z. X stood on guard with a spear in hand, but did not hit Z at all. Y killed Z

a)      Only Y is liable for murder of Z

b)      X & Y both are liable for murder of Z

c)      X is not liable as he did not perform any overt act

d)     both A and C                                                                                 [ B ]

  1. How many types of punishments have been prescribed under BNS

a)      3

b)      6

c)      5

d)     4                                                                                        [  C ]

  1. cruelty with reference to crime against woman is

a)      unlawful demand for property

b)      physical cruelty caused by husband to wife

c)      mental cruelty caused by husband to wife

d)     all the above                                                                                  [ D ]

  1. RPD available for which property offenses

a)      theft

b)      extortion

c)      mischief

d)     all the above                                                                                  [ D ]

  1. because of grave and sudden provocation , of Z, A fires at Z , but Z doesn't die, A has committed the offense of culpable homicide not amounting to murder

a)      TRUE

b)      PARTLY TRUE

c)      FALSE

d)     NONE                                                                               [ A ]

  1. A shoots at a bird in B house  in order to steal it but accidentally kills B , in such a case A is not liable for murder of B

a)      TRUE

b)      PARTLY TRUE

c)      FALSE

d)     NONE                                                                   [ A ]

  1. with an intention to cause bodily injury A hit B with lathi, he gave six blows, one of which hit B on his head temple region, as a result of which B died after 20 days.  A is guilty of

a)      murder

b)      culpable homicide not amounting to murder

c)      grievous hurt

d)     causing death by rash or negligent act                  [ C ]

  1. causing death of a child  in mothers womb,

a)      is always homicide

b)      with intent to cause miscarriage is homicide

c)      is culpable homicide

d)     is culpable homicide if any part of such child has been brought forth, though the child may not have breathed or being completely born                       [ D ]

  1. A has knocked down two teeth of B , A has committed the offense of

a)      grievous hurt

b)      simple hurt

c)      culpable homicide

d)     assault                                                                               [ A ]

  1. the land mark case in the interpretation of rape and expanding definition o f rape

a)      nanakram

b)      tukaram

c)      bholenath

d)     navnath                                                                 [ B ]

  1. the proper interpretation of culpable homicide v murder  is given in the judgment of

a)      hemvathi

b)      kalavathhi

c)      parvathi

d)     nanavati                                                                 [ D ]

  1. good faith within the meaning of BNS means

a)      an act done under bonafide belief

b)      an act done with due care and attention

c)      an act in fact done honestly

d)     all the above                                                                      [  D ]

  1. Z under the influence of madness, attempts to kill A, A hits Z with an iron rod seriously injuring him, in this context, which on e of the following propositions  is correct

a)      A has no right of private defense since Z is mad

b)      A is guilty of inflicting grievous hurt on Z

c)      A is guilt of inflicting simple hurt on Z

d)     A has RPD though  Z is mad                                            [ D ].

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