Indian Penal Code (IPC 1860)

201. The accused was convicted of bigamy having gone through ceremony of marriage within 7 years after she had been deserted by her husband. She believed in good faith that her husband was dead. In this case :

A. she cannot be convicted as she was ignorant about 7 years rule. Exclusive group for Judicial Services Preparation
B. she can be convicted.
C. she cannot be convicted as she is mistaken by the fact.
D. she cannot be convicted of bigamy as she had been deserted by her husband.
✅ The correct answer is option C.

202. Give correct response. A sees Z commit what appears to A to be murder. A in the exercise of the best of his judgment, exerted in good faith of the power which the law gives to all persons of apprehending murderers in the act seizes Z, in order to bring Z before the proper authorities, Later it was found that Z was acting in self-defence. Here:

A. A is liable because he has failed to make reasonable inquiries which must have elicited the true facts whether Z was a murderer or acting in self-defence.
B. A is liable for wrongfully apprehending Z because Z was acting in self-defence.
C. A is liable because he was neither bound by law nor justified by law to apprehend Z on a simple belief that Z was a murderer.
D. A has committed no offence because he is entitled to the defence of mistake of fact under section 79 of the Penal Code.
✅ The correct answer is option D.

203. Point out incorrect response. The following are some of the illustrations of defence of mistake of fact:

A. A in a moment of delusion thought that has only son was a tiger and he assailed him with an axe, thinking by reason of mistake of fact, that he was justified in destroying the deceased whom he did not regard to be a human being but who, as he thought, was a dangerous animal.
B. A was awakened in the night by strange noises in his house ; thinking that he was attacking a burglar, he ran his sword through a cabinet where the intruder was hiding and killed a friend of his servant present by the latter’s invitation.
C. A was charged for selling liquor to B, an intoxicated person who had given no indication of intoxication. There the statute made it an offence for any licensed person to sell any intoxicating liquor to any drunken person. A did not know that B was intoxicated.
D. A, a rail conductor forcibly ejects a passenger believing that the passenger has not paid his fare. The passenger persistently refuses to pay or to show his ticket.
✅ The correct answer is option C.

205. Point out incorrect response. Mistake means and implies :

A. That facts exist.
B. That the sense impressions of facts i.e., sense is known as erroneous.
C. The sense impressions of facts (which we call sense) are different from the facts and that sense fit or do not fit the facts.
D. That erroneous sense are for a time accepted as true.
✅ The correct answer is option B.

206. Give correct response. A and his wife W went to have dinner with a friend. He carried his gun with him, and before going to dinner he discharged the gun and kept it in a private place in his friend’s house. A, then went to church after dinner and in the night returned home with his gun. He carried the gun in the room. He in taking it up touched the trigger and the gun went off and killed the wife. It was found that when A was away to church another man had privately taken the gun out to shoot and had returned it loaded to the place where it was put in the friend’s house. In this case :

A. A was negligent in so far as he did not try to ascertain whether the gun was loaded or not, therefore, he would be liable for negligently causing his wife’s death.
B. A is liable not for murder but for culpable homicide because he would have exercised greater caution in handling the gun.
C. A has acted in a mistaken belief that the gun was not loaded, therefore, he was entitled to the defence of mistake and will not be liable.
D. A would not be liable because death was caused by accident as he had reasonable ground to believe that the gun was not loaded.
✅ The correct answer is option D.

207. Give correct response. In the following cases the defence of accident may successfully be claimed :

A. A was driving a pair of horses without reins. B was walking on the road and was intoxicated. A called out to him twice to get out of the way but since the speed of the horses was high B was run over and killed.
B. A big party consisting of about 100 men went out for shooting pigs. A boar rushed towards the accused who fired at her, but he missed the boar and shot struck the leg of a member of the party.
C. A trespassed into B’s house in his absence and no return B demanded A to leave but A refused to do so. This led to an altercation which excited B who gave him a kick causing injury resulting in death.
D. A takes up a gun, not knowing whether it is loaded or not, posits it in sport at B and pulls the trigger. B is shot dead.
✅ The correct answer is option B.

208. Point out incorrect response. The following are the ingredients of the defence of accident under section 80 I.P.C. :-

A. The act must not be done with any criminal intention or knowledge.
B. The act must be an accident or misfortune and it must have been done with proper care and
C. The accident must be the outcome of a lawful act, done in lawful manner, by lawful means.
D. The act may be done with the knowledge of the consequences but in no case the act should have been done with criminal intention.
✅ The correct answer is option D.
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