MCQ 26 December 2023

Daily MCQs for Judiciary Prelims Exams - (26 December 2023)



Question/ Answer
Question1:- If A was provoked by the act of B and under such provocation he went and killed C then A will be liable for-
  • (a) Culpable homicide not amounting to murder under exception 1 of section 300.
  • (b) Murder under section 300 as the exception 1 will not be applicable upon him.
  • (c) Under provocation the death must be caused of the person who has given the provocation and not of any other person.
  • (d) Both b and c
Answer is B is correct. as per exception 1 of section 300 if any person is acting under the grave and sudden provocation and in that effect if he causes death of any other person then he will get the excuse only when he has caused the death either by mistake or accident. Therefore option (b) is the correct answer.
Question2:- The Supreme Court in Sher Singh Partapa v. State of Haryana held that the prosecution can discharge the initial burden to prove the ingredients of which of the following sections of the IPC even by preponderance of probabilities
  • (a) Section 500
  • (b) Section 498 A
  • (c) Section 489
  • (d) Section 304 B
Answer is B is correct. Sher Singh Partapa v. State of Haryana held that the prosecution can discharge the initial burden to prove the ingredients of section 498A of the IPC even by preponderance of probabilities. Therefore option (b) is the correct answer.
Question3:- A instigates 'B' to instigate 'C' to secretly bury the dead body of 'C's baby in order to conceal the birth of the child. 'B' instigates 'C' in consequence thereof. ’C' refuses to do the needful. In such a situation which of the following denotes the correct position?
  • (a) 'A’ has committed no offence.
  • (b) 'B' has committed an offence.
  • (c) 'B' has committed no offence.
  • (d) Both (1) and (3).
Answer is B is correct. as per section 108 explanation (2) To constitute the offence of abetment it is not necessary that the act abetted should be committed, or that the effect requisite to constitute the offence should be caused. Therefore option (b) is the correct answer.
Question4:- Which of the following statements is incorrect?
  • (a) To attract the offence under section 149 IPC, it must be shown that the accused persons had done the incriminating act to accomplish the unlawful common object of the unlawful assembly.
  • (b) To attract the offence under section 149 IPC It must be shown that the accused persons shared the knowledge amongst themselves that the act likely to be committed is in prosecution of the unlawful common object.
  • (c) To attract the offence under section 149 IPC some overt act on the part of all the members of the unlawful assembly is necessary to render him liable under section 149 IPC
  • (d) None of the above
Answer is C is correct. under the concept of common object mere physical presence of the members of the unlawful assembly is enough and there is no need of any over act on their parts. Therefore option (c ) is the correct answer.
Question5:- 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 all to Rahul's directions. Rahul remits Rs 10 Lakh to Sanjay and asks him to Invest it in shares of Investment Ltd. Sanjay Instead, without Rahul's consent, invests it in Netgain Ltd. believing It to be a better prospect. Rahul suffers a loss. In these circumstances Sanjay
  • (a) Can be said to have committed the offence of cheating
  • (b) Can be said to have committed the offence of theft of property
  • (c) Can be said to have committed the offence of CBT
  • (d) None of these
Answer is D is correct. as per section 405 IPC the person who has been entrusted the property has to criminally or dishonestly misappropriate it. Therefore option (d) is the correct answer.
Question6:- In which recent judgement the apex Court illustrated “An example could be given of a person who had intention to kill a person but by mistake kills another person, and then he would still be held guilty of committing murder even in the absence of intention to kill that particular person.”
  • (a) Nanhe v. State of UP
  • (b) Jarnail Singh V. State Of Haryana
  • (c) Alakh Alok Srivastava V. Union Of India And Others
  • (d) None of the above
Answer is A is correct. in Nanhe v. State of UP the
  • (Supreme Court had held Person Guilty of Murder Even When He Mistakenly Kills another Person. Therefore option (a) is the correct answer.
    • Question7:- A consent as per the provisions of IPC shall be a valid one if it is given-
    • (a) Under fear of injury
    • (b) Not under a misconception of fact
    • (c) Person who, from unsoundness of mind, or intoxication, is unable to understand the nature and consequence of that to which he gives his consent.
    • (d) Person who is under twelve years of age
    Answer is B is correct. as per section 90 A consent is not such a consent as is intended by any section of this Code, if the consent is given by a person under fear of injury, or under a misconception of fact, and if the person doing the act knows, or has reason to believe, that the consent was given in consequence of such fear or misconception. Therefore option (b) is the correct answer.

    Syllabus

    Test Series

    Notification

    Brochure

    Result