Deck 19: The Applicability and Limitations of Consent in Legal Cases

Question 1

The defence of 'consent' is restrictive in its applicability in cases involving:

A)alienable rights
B)inalienable rights
C)both (a) &(b)
D)neither (a) nor (b).

Answer 1

inalienable rights

Question 2

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)either (a) or (b).

Answer 2

both (a) & (b)

Question 3

Operation of consent to all offences, short of causing death intentionally, has been extended under:

A)section 88 of IPC
B)section 90 of IPC
C)section 91 of IPC
D)section 87 of IPC.

Answer 3

section 88 of IPC

Question 4

Under section 89 the consent in respect of infants under 12 years of age or persons of unsound mind:

A)can be given by their guardians without any restriction
B)can be given by the guardian subject to restrictions mutually agreed upon
C)can be given by the guardians subject to restrictions imposed by law
D)all the above.

Question 5

The consent is not a valid consent under section 90:

A)if given under a fear of injury or misconception of fact
B)if given by a person of unsound mind
C)if given by a child below 12 years of age
D)all the above.

Question 6

Consent given under compulsion arising out of threat of injury:

A)excuses the causing of death
B)excuses causing of any offence against the state punishable with death
C)both (a) & (b)
D)neither (a) nor (b).

Question 7

The maxim 'de minimus non curat lex' means:

A)law would not take action on small & trifling matter
B)law does not ignore any act which causes the slightest harm
C)law would not take action in serious matters
D)all the above.

Question 8

The principle 'de minimus non curat lex' is contained in:

A)section 92 of IPC
B)section 93 of IPC
C)section 94 of IPC
D)section 95 of IPC.

Question 9

The right of private defence is contained in:

A)section 94 of IPC
B)section 95 of IPC
C)section 96 of IPC
D)section 98 of IPC.

Question 10

The right to private defence is based on the natural instinct of:

A)self-preservation
B)self-respect
C)self-sufficiency
D)self-reliance.

Question 11

The right to private defence is:

A)unrestricted
B)subject to restriction contained in section 99 of IPC
C)subject to restrictions contained in Chapter IV of IPC
D)subject to restrictions contained in any other provision of IPC.

Question 12

Right to private defence is:

A)available under all circumstances
B)available where there is time to have the recourse to the protection of public authorities
C)available where there is no time to have recourse to the protection of public authorities
D)all of the above.

Question 13

The law on private defence in India:

A)is the same as in England
B)is narrower than the one in England
C)is wider than the one in England
D)none of the above.

Question 14

The right to private defence is available with respect to:

A)harm to body
B)harm to movable property
C)harm to immovable property
D)all the above.

Question 15

Under section 98 right to private defence also is available against a:

A)person of unsound mind
B)person who does not have maturity of understanding
C)both (a) & (b)
D)neither (a) nor (b).

Question 16

Every person has a right of private defence of his own body and the body of any other person against any offence affecting the human body, has been provided:

A)under section 96 of IPC
B)under section 97 of IPC
C)under section 98 of IPC
D)under section 99 of IPC.

Question 17

Under Article 32 a writ petition can be made to the Supreme Court by a person who himself has suffered only. Under which of the following, a relative or friend of a person aggrieved can file a writ petition:

A)Habeas Corpus
B)Mandamus
C)Certiorari
D)all of the above.

Question 18

The right guaranteed under Article 32 can be suspended:

A)by the Parliament
B)by the State Legislature
C)by the Supreme Court of India
D)when proclamation of emergency is in operation.

Question 19

Petitions to the Supreme Court under Article 32 are subject to the rule of Res judicata except:

A)Quo Warranto
B)Habeas Corpus
C)Certiorari
D)Prohibition.

Question 20

The right given by Article 32:

A)cannot be abrogated by the Act of Legislature
B)cannot be abrogated unless the Constitution itself is amended
C)can be altered by the State Legislature
D)none of the above.

Question 21

The Supreme Court has power under Article 32 to issue directions or orders or writs in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari:

A)only when there is a question of enforcement of a fundamental right
B)when there is a question of internal disputes among communal groups
C)when there is a question of election disputes
D)when there is a question of riotous situation.

Question 22

Under which one of the following cases the traditional rule of filing petition only by the person aggrieved except in the case of habeas corpus is relaxed:

A)Trilokchand Moichand v. H.B. Munshi
B)Joginder Nath v. UOI
C)Rabindranath Bose v. UOI
D)Upendra Baxi v. State of UP.

Question 23

Under Article 32:

A)time limit can be imposed on filing of petitions and so the Indian Limitation Act applies
B)there is no lower and upper limit. The party aggrieved must move the court at the earliest possible time and it is the discretion of the court to decide whether it is reasonable delay or not.
C)time limit can be imposed by council of ministers
D)all of the above.

Question 24

According to Article 30 'minorities' have the right for the administration of educational institutions:

A)which have been established by them only
B)which not necessarily have not been established by them but belong to their religion or language
C)Article 30 does not speak about minority but deals with Scheduled Tribes only
D)none of the above.

Question 25

According to Articles 25 and 26, what constitutes an essential part of religion or religious practice is to be decided by the court on the basis of:

A)doctrines of particular religion
B)by referendum
C)by majority
D)by convening a religious meeting.

Question 26

The fundamental rights as envisaged under Articles 12-35 are:

A)absolutely flexible
B)can be amended
C)not justiciable
D)cannot be amended at all.

Question 27

Right of disabled employee as equal citizens not to be defeated by their superiors and they have no right to defeat their lawful rights:

A)Sunil Poddar v. Union Bank of India
B)Mani v. State of Tamil Nadu
C)Bhagwan Dass v. Punjab State Electricity Board
D)None of the above.

Question 28

In the case of People's Union for democratic Rights v. UOI:

A)non-payment of minimum wages is violative of Article 21
B)the decision in this case did not hearld for right to live with basic human dignity
C)Article 21 does not envisage right to live with human dignity
D)none of the above.

Question 29

The protection given to the accused under Article 20(3) against compulsion 'to be witness' also includes ordinary documentary and testimonial evidence:

A)the protection given under Article 20(3) is not attracted by the above statement
B)the protection given under Article 20(3) is attracted by the above statement
C)witness means other than an accused to whom protection is not given
D)none of the above.

Question 30

In case of A.K. Gopalan v. State of Madras, the Preventive Detention Act, 1950 was found conflicting with the two Articles:

A)Articles 14 and 17
B)Articles 19 and 21
C)Articles 23 and 25
D)Articles 23 and 32.

Question 31

Which section of Preventive Detention Act, 1950 was declared ultra vires by the Supreme Court in case of A.K. Gopalan v. State of Madras:

A)Article 17
B)Article 11
C)Article 14
D)Article 19.

Question 32

In a Calcutta case, Manager of a Bank took security for overdraft from the customer and caused the security to be entered into the books of the banks. The Manager shortly afterwards returned the security to the customer before satisfaction of the overdraft. The fact of return of security was mentioned in the books of accounts.

A)The Manager acted dishonesty under Section 24
B)The customer acted of dishonesty under Section 24
C)both the Manager and the customer acted dishonestly under Section 24
D)Neither of them is guilty

Question 33

One Mrs. Komai bought a car on the name of her daughter, Kiran, who is a minor, and got the insurance policy transferred on her name (Mrs. Komal). The car met with an accident on two counts and she file for a claim on both the counts, from the insurance agency. She acknowledged the receipt of the money as Kiran. The insurance company her prosecuted under Section 467 of the IPC alleging fraud on the appellant's part?

A)Mrs. Komal is guilty of forgery because she made the insurance company believed that she is Kiran
B)Mrs. Komal is not guilty of forgery because the said deceit did not secure her any advantage as the entire transaction was that of Mrs. Komal
C)Mrs. Komal is guilty of forgery because she signed all the papers in the name of Kiran
D)Both (A) and (C)

Question 34

Dishonest misappropriation of property, knowing that it was in possession of a deceased person at his death and that it has not since been in the possession of any person legally entitled to it is dealt under-

A)Section 402 of IPC
B)Section 403 of IPC
C)Section 404 of IPC
D)Section 405 of IPC

Question 35

148 Criminal breach of trust is dealt under-

A)Section 406 of IPC
B)Section 407 of IPC
C)Section 408 of IPC
D)Section 409 of IPC

Question 36

Which of the following is false of Section 34 of the Indian Penal Code?

A)it is only a rule of evidence
B)it does not create a distinct offence
C)lays down principle of liability
D)it is a penal provision

Question 37

In a case P, a married lady was found in a pool of blood and lying on the ground. On the way to hospital in ambulance she breathed her last. It transpired in the evidence that when P was seated outside her jhuggi, her brother came near her and challenged as to why she made a complaint against her own brother R to the police, Her other brother R and Sharma too came. There was an altercation wherein Sharma stabbed her to death. Which of the following is true regarding this particular case?

A)As to the vicarious liability of R & C, that the accused Sharma was not carrying an open knife in his hand and there was no evidence to show that this fact was in the knowledge of the other accused.
B)Sharma had not given any call to his brothers that P should be stabbed to death. Otherwise all the accused had not come together and for that reason it is difficult to assume that all had a prior meeting of mind to cause the death of their sister.
C)The words used by C were to teach P a lesson for making false accusations. Keeping in view the close relationship, it is difficult to assume that all of them had shared the common intention to kill P. Under these circumstances, there is no reason to rope C and R by aid of Section 34, IPC and they were acquitted.
D)All of them

Question 38

Belonging to gang of persons associated for the purpose of habitually committing dacoity is dealt under-

A)Section 398 of IPC
B)Section 399 of IPC
C)Section 400 of IPC
D)Section 401 of IPC

Question 39

Buying or obtaining possession of a minor for the same purposes is dealt under-

A)Section 371 of IPC
B)Section 372 of IPC
C)Section 373 of IPC
D)Section 374 of IPC

Question 40

Which of the following does not attract Section 34 of the IPC?

A)the accused husband killed his wife and threw her dead body into the well to the knowledge of co- accused. As yet co-accused took the false plea that on date and hour incident the deceased was present in the house.
B)the accused was involved in looting the victims in broad daylight on the main public road. Main accused indulged in looting but co-accused was simply standing nearby.
C)Driver and cleaner of a bus when form a common intention to kill the deceased and in pursuance of the plan kill him and take away the sale proceeds of the grain sold by him
D)all of them except the co-accused in B.

Question 41

Habitual dealing in salves is dealt under-

A)Section 371 of IPC
B)Section 372 of IPC
C)Section 373 of IPC
D)Section 374 of IPC

Question 42

Which of the following is false of Section 34 and Section 149 of the IPC?

A)S. 34 does not by itself create any specific offence whereas S. 149 does so
B)Some active participation in crime is required in S. 34 while it is not needed in S. 149
C)S. 34 speaks of common intention while S. 149 contemplates common object
D)S. 34 requires at least five persons who must share the common intention while S. 149 requires at least two persons to share the common intention

Question 43

A attacks Z under such circumstances of grave provoca­tion that his killing of Z would be only culpable homi­cide not amounting to murder. B, having ill-will towards Z, and intending to kill him and not having been subject to the provocation, assists A in killing Z. Which of the following judgment under Section 38 of IPC applies to A and B?

A)A is guilty of culpable homicide and B is guilty of murder
B)B is guilty of culpable homicide and A is guilty of murder
C)Both A and B are guilty of culpable homicide
D)Both A and B are guilty of murder

Question 44

The basic principle which runs through Section 32 to 38 of IPC is that:

A)in certain circumstances some part of the act is attributed to a person who may have performed only a fractional part of it.
B)in certain circumstances an entire act is attributed to a person who may have performed only a fractional part of it.
C)in certain circumstances an entire act is attributed to a person who may have performed the whole of it.
D)in certain circumstances no act is attributed to a person who may have performed only a fractional part of it.

Question 45

Abetment of any offence, if the act abetted is committed in consequence, and where no express provision is made for its punishment is dealt under-

A)Section 109 of IPC
B)Section 110 of IPC
C)Section 111 of IPC
D)Section 112 of IPC

Question 46

A quarrel arose between C on the one side and A and B on the other. C abused A, whereupon A struck him with a stick, and B struck him down with an axe on the head. He also received two other wounds with the axe on the other parts of the body. Any one of the three axe wounds was sufficient enough to cause death, especially the one on the head.

A)C is guilty for voluntarily provoking the attack while B is guilty of culpable homicide
B)A is guilty of culpable homicide, while B is guilty of voluntarily causing hurt
C)B is guilty of culpable homicide, while A is guilty of voluntarily causing hurt
D)Both A and B are guilty of culpable homicide

Question 47

All about 'intention' is true except one:

A)is a state of mind
B)is an objective element
C)rarely susceptible to proof
D)always a matter of inference

Question 48

The word 'illegal' is applicable to everything:

A)which is an offence
B)which is prohibited by law
C)which furnishes ground for civil action
D)all of them

Question 49

Several persons assemble at the door of the house of one K and the appellant struck a blow with a kencha which fell on the left thigh of a workman working in the house of one K whom the appellant and others wanted to attack, and as the appellant struck at the very first person who opened the door and that was how that came to receive the injury.

A)every person is guilty of vicarious liability excluding the appellant
B)only the appellant is to be convicted for the said injury
C)none is guilty of vicarious liability
D)none of them

Question 50

Abetment of any offence when one act is abetted and a different act is done; subject to proviso is dealt under-

A)Section 109 of IPC
B)Section 110 of IPC
C)Section 111 of IPC
D)Section 112 of IPC