Q. Give examples of acquired insanity and natural insanity?
Ans. Lunacy and madness are said to be acquired insanity and idiocy is natural insanity.
Q. What is Non-Compose Mentis?
Ans. It means illness is exempted from criminal liability.
Q. What is the difference between medical and legal insanity?
Ans. Medical insanity solely depends on the medical grounds while legal insanity depends on the factors required to be proved in a court of law.
Q. What is the Durhum rule?
Ans. The mental disease or defect is not enough to relieve the offender of responsibility for a crime. There must be a relationship between the disease and the criminal act.
Q. Voluntary drunkenness is no defence for the commission of a crime. Why?
Ans. Intoxication is a voluntary species of madness which is in the party’s power to abstain from and he must answer for it. This is the reason behind this.
Q. Which section of the IPC satisfies the principle contained in the maxim “deminimis non Curat Lex”?
Ans. Sec. 95
Q. An advocate offers a bribe to a Judge. Judge refuses to accept. What offence was committed by the Advocate?
Ans. Abetment.
Q. How many persons are required to do an offence of criminal conspiracy?
Ans. 2 (two)
Q. How many persons are required for unlawful assembly?
Ans. Five.
Q. What is difference between affray and riot?
Ans. 1. Affray cannot be committed in a private place whereas a riot may take place anywhere
2.An affray can be committed by two or more persons whereas a riot can be committed by at least five persons.
3.Rioters are those who first constitute an unlawful assembly and Affrayer need not be so.
Q. What is legal remuneration? Which section of the IPC is attached to this term?
Ans. If the Government permits a Public Servant to accept the gift then this is called legal remuneration. Section 161 of IPC is attached to this term.
Q. A kill B for presentation to Kali Devi in the temple of Patna City. Which offence has been committed by A?
Ans. A is liable for culpable Homicide.
Q. What is the difference between the term “Likely to cause death” and “ordinary course of nature to cause death.”?
Ans. If the body injury intended to be inflicted is likely to cause death then offence is capable of homicide.
If the injury is sufficient in the ordinary course of nature to cause death then the offence is murder.
Q. What is the meaning of “Quick with child”? Which section of the IPC is concerned with that?
Ans. This is a perception felt by a pregnant woman when the foetus in the womb begins to move. This concerned with section 312 of IPC.
Q. ‘A’ deprives B of his masculine vigour. Which offence A has been committed by ‘A’?
Ans. Grievous hurt under section 320 of IPC.
Q. What is the difference between kidnapping by taking away or kidnapping by enticing away?
Ans. The word taking away implies t want of wish and absence of the desire of the person taken. Enticing away means that the person kidnapped might have left the keeping of the lawful guardian willingly.
Q. What is the age required for the offence of kidnapping?
Ans. 16 years male 18 years female.
Q.What is the age required for the offence of abduction?
Ans. Any age.
19. A minor child of 12 years who is orphan taken away by B, What offence has been committed by B?
Ans. Abduction because there is no lawful guardian.
Q. What is Elphinston’s code?
Ans. Elphinston was the Lieutenant Governor of Bombay (Now Mumbai). He made much attention tothe improvement of state education. Such achievements had been compiled as the Eliphinston code.
Q. Who is known as the propounder of law reforms in India?
Ans. Thomas Babington Macaulay is known as the propounder of law reforms in India.
He was the first person who was appointed as the first person who was appointed as the first law member to the Council of the Governor General under the Charter Act of 1833.
Q.Section 76 of the IPC based on which maxim?
Ans. Sec. 76 of the IPC is based on two maxims:
1.Ignorantionfactiexcusat (Ignorance of fact is excusable)
2.Ignorance Juris non excusat.
(Ignorance of law not excusable)
Q. What is the meaning of lawful guardianship in kidnapping?
Ans. The expression lawful guardian has been preferred to the words legal guardian.
Any person who has been lawfully entrusted with the case or custody of a minor or a person of unsound mind is a lawful guardian.
Q. What is the difference between similar intention and common intention?
Ans. Generally, common intention and similar intention are deemed the same though they are different from each other. Common intention presupposes a meeting of minds though the same is not required in similar intention.
Q. What do you mean by the term “live in relation”?
Ans. A living arrangement in which an unmarried couple lives together in a long-term relationship that resembles a marriage is called “live in relationship”.
This is legalized by the Supreme Court of India referring to Article 21 which granted living together as a right to life.
Q. What is defamation?
Ans. 499 of IPC describes defamation. Whoever, by words either spoken or intended to be read or by signs or by visible representation makes or publishes any imputation that harm the reputation of such person. Then this is called the person making defamation.
Q. If a person rides a motor vehicle that dangerous to another but nobody is hurt. Which section do you apply to?
Ans. Section 279 of IPC
Q. Somebody injures another person by using a sharp weapon which section you will apply?
Ans. Section 304 IPC.
Q. Somebody takes the property of a dead person which section will be invoked in this case?
Ans. Sec.404 IPC
Q. Which offence is Punishable in four stages of crime?
Ans. Dacoity.
Q. What is the difference between section 498 A and 304 B of the Indian Penal Code?
Ans. Section 498 A of IPC deals with cruelty to a woman by her husband or relatives of husband. Such cruelty derives the woman to commit suicide.
Section 304 B of IPC deals with dowry death. Where a woman has been harassed concerning demands of dowry and death occurred within seven years of her marriage.
Q. What do you mean by the doctrine of “Locus Poenitentiae”?
Ans. If the person makes preparation to commit an offence. Thereafter, due to change of mind actually backs out. Then this act will amount to mere preparation and not an attempt. This is based on the“doctrine of Locus Poenitentiae”.
Q. An eight-year-old girl was sexually assaulted by the accused in his Maruti van. Though penetration did not take place. Which section satisfies the event?
Ans. Sec. 376 and section 511 of IPC.
Q. What is the difference between crime and offence?
Ans. The term crime includes social-moral crimes. Though offence defined by IPC and which violates the provision of IPC and any other statutory law.
Q. How many chapters and sections are contained in IPC?
Ans. 23 chapters and 511 sections.
Q. What is the Doctrine of “stifling of Prosecution”?
Ans. The essence of the doctrine of stifling prosecution is that no private person should be allowed to take the administration of criminal Justice out of the hands of judges and place it in his own hands.
Q.How many types of punishments are mentioned in IPC?
Ans. Five types are under section 53 of IPC.
1.Death
2.Imprisonment for life
3.Imprisonment of two descriptions
(a)rigorous
(b)simple
4.Forfeiture of property
5.Fine
Q. What is the difference between transportation of life and imprisonment for life?
Ans. Transportation of life means transportation beyond the seas. Imprisonment for life means custody in jail for whole life.
Q. Power of punishment is vested in Judges but whom power of pardon is vested. What do you mean by pardon?
Ans. Power of pardon is vested in the President of India and the Governor of the states under articles 72 and 161 respectively.
Pardon means remission of a punishment.
Q. What is the Difference between without knowledge and without will?
Ans. Without knowledge means that the person concerned is ignorant of the fact and without will denotes that the person concerned is forced to act.
Q. What do you mean by Automatism?
Ans. In the case of R V Charlson automatism was recognized as a defence to a criminal charge of maliciously causing grievous hurt.
Q. What do you mean by the word “mutiny”?
Ans. When a soldier resists by force or a number of soldiers rise against or oppose their military superiors, such an act constitutes mutiny.
Q. What is the difference between section 153 A and 124 A IPC?
Ans. The offence under section 153 A affects the state indirectly by disturbing the public peace whereas the offence under section 124 A affects the state directly.
Q. Under which provisions the concept of constructive liability is given?
Ans. Section 34 and 149 IPC.
Q. What are the difference between wrongful Restraint and wrongful confinement?
Ans. In wrongful confinement, a person is restraint from proceeding in direction beyond a certain in wrongful restrained from proceeding in some particular direction though free to proceed elsewhere.
Q. Which section of the IPC relates tothe theft of electricity?
Ans. Theft of electricity is not a subject of IPC. That is punishable under section 39 of the electricity Act.
Q. Why not theft of electricity comes under IPC?
Ans. Electricity is not a movable property. So this offence does not come under the definition of section 378 of IPC.
Q. It is said that the relation between husband and wife is the flash and bound. A newly wedded wife removes a diamond ring of her husband. Whether she is prosecuted under section 378 of IPC?
Ans. Yes, she can be prosecuted for theft because in India there is no presumption that husband and wife are deemed as one person.
Q. A 37 years old man raped his teenage daughter over a period of three months and various times in front of his wife after threatening her. Which section will be applied in this circumstance?
Ans. Section 376 and 506 II of the Indian Penal Code for rape and criminal intimation.
Q. Why is an attempt to commit a crime punishable?
Ans. A criminal attempt not only poses a threat to bodily and proprietary security but also infringes on the right to security. Such an infringement constitutes in itself harm. Sothe attempt is punishable.
Q. What do you mean by Anticipatory crimes?
Ans. Inchoate crime is known as Anticipatory crime or Preliminary crime.
Q. How many sections of IPC deal with offences regarding criminal rashness or negligence?
Ans. 14 sections.
Q. A school teacher makes five blows through a stick for the purposes of imprisonment of a child. What offence has been committed by the school teacher?
Ans. The school teacher has no committed offence because he is protected by section 89 of IPC.
Q. A after consuming liquor drives the vehicle without license which resulted the death of six persons.under Which section of IPC is the offence committed by A?
Ans. 304 Part II IPC.
Q. What is Actus reas of offence of conspiracy under sec? 120 A?
Ans. Actus Contra Acturn (promise against promise) is Actus Reus in the offence of conspiracy.
Read also: Indian Penal code notes for PCS-J
