101. Under Indian Penal Code, there can be abetment to:
A. A person of unsound mind
B. An infant
C. Both (a) and (b)
D. All of the above.
✅ The correct answer is option C.
102. A instigates B to murder C. B refuses to do so. Under IPC:
A. A is guilty of abetting B
B. A is not guilty of abetting B
C. A is not guilty as C is not murdered
D. None of the above
✅ The correct answer is option A.
103. A, a public officer is authorized by warrant to apprehend B. Z, knowing the fact C is not B willfully represent to A, C to be B.
A. A abets by instigation apprehension of C.
B. A is guilty to cause apprehension.
C. Z abets by instigation apprehension of C.
D. None of the above.
✅ The correct answer is option C.
104. Point out incorrect response. The exercise of the right of private defence under the Penal Code is subject to the following limitations as contained in section 99 of the code :
A. If the right of private defence is exceeded by the person exercising such right, the other party apprehended shall also have the right of private defence.
B. There is no right of private defence against an act done by public servant acting in good faith under colour of his office unless it causes apprehension of death or grievous hurt.
C. The right of private defence in no case extends to the inflicting of more harm than it is necessary to inflict for the purposes of defence.
D. There is no right of private defence in cases in which there is time to have recourse to the protection of public authorities.
✅ The correct answer is option A.
105. Point out incorrect response. The right of private defence of property extends to the voluntarily causing of death if the offence apprehended be of the following description:
A. House trespass under such circumstances as may be reasonably cause the apprehension of death or grievous hurt.
B. Theft under such circumstances as may reasonably cause the apprehension of death or grievous hurt.
C. Mischief under such circumstances as may reasonably cause the apprehension of death or grievous hurt.
D. Public nuisance under such circumstances as may reasonably cause the apprehension of death or grievous hurt.
✅ The correct answer is option D.
106. Point out incorrect response. The right of private defence of body extends to the causing of death if the offence which occasions the exercise of the right of private defence is of the following description :
A. An assault with the intention kidnapping or abducting.
B. An assault with the intention of wrongfully restraining a person.
C. An assault with the intention of committing rape.
D. An assault with the intention of gratifying unnatural lust.
✅ The correct answer is option B.
110. Give correct response. A finding a thief B entering into his house at night, through an entrance made in the side-wall seized B while intruding his body and held him with his face down to the ground to prevent his further entrance and thereby caused his death by suffocation. Held :
A. A is liable for culpable homicide and is not entitled to the defence of right of private defence of property.
B. Since B was a thief, A could cause B any harm other than death in defence of his property. A has exceeded his right by causing death, he would, therefore, be liable not for murder but for culpable homicide.
C. A was entitled to claim private defence in his justification, he has not exceeded his right of private defence as he was only holding him to prevent his further entrance. The harm caused is proportionate and justifiable.
D. Since the rule under section 99 of the I.P.C. is that no harm more than that is necessary to inflict for the purpose of defence is justified and A has inflicted more harm than was necessary but he has no intention to cause death or bodily injury likely to cause death, therefore, A is liable for causing hurt only.
✅ The correct answer is option C.
111. Give best response. A entered the house of B at the dead of night with the intention of committing theft. B struck him with a lathi in the dark and A fell down unconscious. B gave him one more blow which fell on A’s head, causing extensive bleeding and A’s death. B is prosecuted for murder and takes the plea that the death was caused in exercise of the right of private defence of property. Here :
A. B acted in the exercise of his right of private defence and is, therefore, not liable.
B. B’s right of private defence of property in case of apprehension of theft did not extend to the causing of death but any harm other than death. Therefore, B is not entitled to claim successfully the right of private defence but at the same time he would be entitled to avail the exception (2) to section 300 and would only be liable for committing culpable domicile.
C. Under section 104 of the Penal Code B could cause any harm other than death in defence of his property. Since B has caused death, he would be liable for murder.
D. Since A entered B’s house at dead of night with a view to commit theft, B was entitled to claim the benefit of section 103 of the Penal Code and will not be liable for murder.
✅ The correct answer is option B.
93. Give most accurate response. A enters by night a house which he is legally entitled to enter. Z in good faith, taking A for a housebreaker, attacks A and causes injury. In this case :
A. Since A was legally entitled to enter the house, Z would be liable for voluntarily causing hurt to A.
B. Z will be liable because he has acted in haste without exercising proper care and attention to ascertain whether A was an inhabitant or a house-breaker.
C. Z will not be liable because he has acted under a mistaken belief that A was a burglar.
D. Z will not be liable because he has acted in the exercise of his right of private defence of property under a misconception that A was a house-breaker.
✅ The correct answer is option D.
94. A is attacked by mob who attempts to murder him. He cannot effectually exercise his right of P.D. without firing on the mob and without taking risk of the life of children mingled in the mob:
A. A did not commit offence if by firing he harms children.
B. A is guilty if by firing he harm children without recourse to the police authorities.
C. A is guilty of firing causes harms to children.
D. None of the above.
✅ The correct answer is option A.