UPSC

5332. Give the correct response:

A. Medical insanity and legal insanity under Sec. 84 are different.
B. Medical, insanity and legal insanity under Sec. 84 are same thing.
C. Legal insanity under Se. 84 meant the person’s consciousness of the bearing of his acts on those affected by it.
D. Both (b) and (c).
✅ The correct answer is option C.

5335. Give incorrect response. In order to avail the defence under section 87 of the I.P.C. the following conditions must be fulfilled:

A. Person giving consent is above 18 years of age.
B. If the act is done neither with the intention of causing death nor with the knowledge that it is likely to cause death or grievous hurt.
C. Harm is caused to any person with his consent whether express or implied.
D. Section 87 does not fix any age of the person consenting but section 90 says that consent in order to be valid must be of a person who is above 12 years, therefore, under section 87 also person giving consent must be above 12 years and not 18 years.
✅ The correct answer is option D.

5338. Give correct response. A married girl, Sudha aged about 10 years slept in the night with her mother-in-law. Her husband Vinay aged about 19 years slept with his brother in another hut but in the same homestead. In the early hours of the fateful day the mother-in-law woke Sudha and told her to go about her household duties. Shortly after this Sudha was seen running out of the house and her husband was found mortally wounded on the neck by her. She was hiding herself in a field and could be found only in the afternoon.

A. Sudha was doli capax as it could be inferred from the case, therefore, she was liable unless proved to be doli incapax.
B. Sudha was doli incapax being below 12 years and was not liable.
C. The circumstances in which murder was committed and the conduct of Sudha were not so as to lead to an inference beyond reasonable doubt that she was guilty.
D. Sudha was not liable because a child below 12 years of age is absolutely immune from liability because of her immature age.
✅ The correct answer is option A.

5340. Point out incorrect response. The following are the ingredients of section 83 I.P. Code.

A. An act done by a child above 7 years but under 12 years of age.
B. A child of above 7 but below 12 years is in India presumed to be doli incapax, therefore, the prosecution has to establish that he was doli capax.
C. The child must not have attained sufficient maturity of understanding to judge of the nature and consequences of his conduct.
D. Incapacity must exist at the time of commission of the act.
✅ The correct answer is option A.
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