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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.

96. The right of P.D. against an assault which reasonable cause the apprehension of death extends to :

A. Cause harm to innocent person if he cannot effectively exercise right of P.D. without taking risk of harming innocent person.

B. Cause harm to innocent person.

C. Cause harm to the innocent person., if he suspect him to be assaulter.

D. None of the above.

✅ The correct answer is option A.

98. A person followed up purporting to be those of their stolen cattle’s and proceeded to villages of thieves and fired on them. He pleaded the right of P.D.

A. He is entitled to the benefit of right of P.D. of property.

B. He is not entitled as he did not recourse to the public authorities.

C. He is not entitled as the defence has been put to on end by successful retreat of the thieves.

D. None of the above.

✅ The correct answer is option C.

100. The right of P.D. of property against robbery continues as long as :

A. Offender causes or attempts to cause to any person death or wrongful restrain.

B. Offender causes or attempts to cause to any person death.

C. Offender causes or attempts to cause to any person death or hurt or wrong-full restraint.

D. None of the above.

✅ The correct answer is option C.

84. Give best response. A and B have been married for some time. Due to acute financial difficulties they decide to commit suicide. A procures some poison which both of them take. But A, the husband survives whereas B, the wife dies as a result of taking the poison. In this case :

A. A is liable for abetment. A by deciding to commit suicide with his wife has abetted her by counselling to commit suicide.

B. A is liable for murder and not for abetment. Where the parties mutually agreed to commit suicide, and one only accomplished that object the survivor will be guilty of murder and not for abetment only.

C. A is neither liable for murder not for abetment but attempting to murder his wife.

D. A is liable for murder as well as for abetment of murder.

✅ The correct answer is option A.

85. Give incorrect response. A person abets the doing of a thing who :

A. Intentionally aids, by any act or illegal omission the doing of that thing.

B. Instigates any person to do that thing.

C. Instigates any person to do a thing which must also be done.

D. Engages with one or more other person or persons in any conspiracy for the doing of that thing, if an act or illegal omission takes place in pursuance of that conspiracy and in order to the doing of that thing.

✅ The correct answer is option C.

88. The offence of criminal conspiracy lies not in doing the act or effecting the purposes for which the conspiracy is formed but in the forming of the scheme between the parties. A criminal conspiracy consists of:

A. An intentional act of one person with the connivance of another

B. An agreement of two or more persons to do an unlawful act or a lawful act by unlawful means.

C. Common intention of two or more persons to achieve an unlawful object

D. Two or more persons inducing a minor to commit an offence.

✅ The correct answer is option B.

92. Abetment of an offence is

A. Always an offence.

B. Never an offence

C. May be an offence depending on the circumstances but not always

D. None.

✅ The correct answer is option A.

Author name: Admin