29 February 2024

Daily practice questions for CLAT - (29 February 2024)



As per Section 390 IPC, for ‘robbery’ there is either theft or extortion. When in the committing of the theft, or in committing the theft, or in carrying away or attempting to carry away property obtained by the theft, the offender, voluntarily causes or attempts to cause to any person death or hurt or wrongful restraint or fear of instant death or of instant hurt, or of instant wrongful restraint the theft can be said to be ‘robbery’. In a similar situation, the ‘extortion’ can be said to have committed ‘robbery’. Robbery is only a subtype of extortion. In extortion victims often willingly hand over money, property, or valuable security to avoid violence and damage in the future whereas, in robbery, there is an instant threat to the victim. As per explanation to Section 390 IPC the offender is said to be present if he is sufficiently near to put the other person in fear of instant death, instant hurt, or instant wrongful restraint. Section 391 IPC defines ‘dacoity’. When five or more persons conjointly commit or attempt to commit a robbery, the accused then can be said to have committed the ‘dacoity’. The ‘dacoity’ can be said to be an exaggerated version of robbery. If five or more persons conjointly commit or attempt to commit robbery it can be said to be committing ‘dacoity’. Therefore, the only difference between the ‘robbery’ and the ‘dacoity’ would be the number of persons involved in jointly committing or attempting to commit a ‘robbery’. The punishment for ‘dacoity’ and ‘robbery’ would be the same except that in the case of ‘dacoity’ the punishment can be imprisonment for life or imprisonment up to ten years. However, in the case of ‘dacoity with murder,’ the punishment can be death also.

Question1:- which of the following options states the correct quantum of punishment when a person or a group of persons is charged with the offence of Dacoity?
  • a. Whoever commits dacoity shall be punished with imprisonment for life, or with rigorous imprisonment for a term which may extend to five years, and shall also be liable to a fine.
  • b. Whoever commits dacoity shall be punished with imprisonment for life, or with rigorous imprisonment for a term which may extend to seven years, and shall also be liable to a fine.
  • c. Whoever commits dacoity shall be punished with imprisonment for life, or with rigorous imprisonment for a term which may extend to ten years, and shall also be liable to a fine.
  • d. Whoever commits dacoity shall be punished with imprisonment for life, or with rigorous imprisonment for a term which may extend to three years, and shall also be liable to a fine.
Answer is C is correct. The passage mentions- The punishment for ‘dacoity’ and ‘robbery’ would be the same except that in the case of ‘dacoity’ the punishment can be imprisonment for life or imprisonment up to ten years. However, in the case of ‘dacoity with murder,’ the punishment can be death also. Hence, c is the correct option.
Question2:- X meets Y and Y’s child Z on an overbridge where Y’s car broke. X takes Z and threatens to throw him from the overbridge unless Y delivers his wallet, phone and other valuables to X and Y in fear of instant hurt to Z, delivers everything to X. In the given situation, X would be liable for which of the following offences?
  • a. Dacoity
  • b. Extortion
  • c. Robbery
  • d. Theft
Answer is B is correct. The term ‘Extortion’ is defined under Section 383 of the Indian Penal Code, 1860 as “When someone intentionally puts any person in fear of any hurt to that person, or any other person and thereby, deceitfully induces the person so put in fear to hand over that person’s property, or any valuable security or anything signed and sealed which may be changed into a valuable asset commit, extortion.” In short, it can be said that extortion is forcing someone to transfer his or her treasures through force or threat to cause harm. It is a wrongful loss to the property holder and wrongful gain to the extortioner.
Question3:- A has recently been laid off from his multinational company and is running low on money. One day he witnesses Z, a wealthy person and then A holds Z down and fraudulently takes Z’s money and jewels from Z’s clothes without Z’s consent. Here A has committed theft, and in order to the committing of that theft, has voluntarily caused wrongful restraint to Z. Decide.
  • a. Z has willfully allowed A to take his money and jewels.
  • b. A has committed robbery in this case.
  • c. A has not committed robbery in this case.
  • d. Z should learn to defend himself.
Answer is B is correct. The passage clearly states that: When in the committing of the theft, or in committing the theft, or in carrying away or attempting to carry away property obtained by the theft, the offender, voluntarily causes or attempts to cause to any person death or hurt or wrongful restraint or fear of instant death or of instant hurt, or of instant wrongful restraint the theft can be said to be ‘robbery’. Therefore, Option B is the correct answer.
Question4:- A is generally well-tempered and a nice man but he recently lost his job and is facing financial turmoil. A meets Z on the high roads, shows a pistol, and demands Z’s purse. Z in consequence, surrenders his purse. Here A has extorted the purse from Z by putting him in fear of instant hurt, and being at the time of committing the extortion in his presence. Decide.
  • a. A is generally well-tempered and a nice man who has done nothing wrong.
  • b. Z should not walk around the high road with his purse.
  • c. A is liable to be punished for the offence of robbery.
  • d. None of the above.
Answer is C is correct. The passage clearly states that: When in the committing of the theft, or in committing the theft, or in carrying away or attempting to carry away property obtained by the theft, the offender, voluntarily causes or attempts to cause to any person death or hurt or wrongful restraint or fear of instant death or of instant hurt, or of instant wrongful restraint the theft can be said to be ‘robbery’. Therefore, Option C is the correct answer.
Question5:- X and his friends R, P, Q and S meet Y and Y’s child, Z, on an overbridge where Y’s car broke. X along with his friends takes Z and threatens to throw him from the overbridge unless Y delivers his wallet, phone and other valuables to X and Y in fear of instant hurt to Z delivers everything to X. In the given situation, X and his friends would be liable for which of the following offences?
  • a. Dacoity
  • b. Extortion
  • c. Robbery
  • d. Theft
Answer is A is correct. The passage clearly states that: Section 391 IPC defines ‘dacoity’ as when five or more persons conjointly commit or attempt to commit a robbery, the accused then can be said to have committed the ‘dacoity’. Therefore, Option A is the correct answer.