Indian Penal Code (IPC 1860) MCQs

The difference between Section 34 and Section 149 of Indian Penal Code:

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A. That whereas in Section 34 there must at least be five persons, Section 149 requires only two persons
B. That Section 149 is only a rule of evidence whereas Section 34 creates a specific offence and provides for its punishment.
C. That Section 34 requires active participation in action whereas Section 149 requires mere passive membership of the unlawful assembly
D. That Section 34 need not be joined with the principle offence, whereas Section 149 must be combined with the principle offence.
✅ The correct answer is option C.

Section 34 of I.P.C. provides for liability based on common intention. Consider the following situations: 1. The weapon used in the offence was found in A’s house. 2. A has procured the weapon of offence voluntarily to aid the criminal gang. 3. A was compelled under threat to his life to procure the weapon of offence. 4. The weapon was supplied on receipt of value of the weapon (sale). Which of the situation given above reflect (s) the correct ingredients with regard of Section 34?

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A. 1 and 2
B. 2 and 3
C. 2 only
D. 4 only.
✅ The correct answer is option C.

Which one of the following statements regarding Section 34 and 149 of the Indian Penal Code is correct?

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A. Common intention and common object are the same
B. Both are distinct offences in themselves.
C. Section 34 enunciates a mere principle of liability and creates no offence while Section 149 creates a specific offence.
D. Section 34 and 149 are mutually helping Sections
✅ The correct answer is option C.

To constitute an offence of criminal conspiracy, what is the necessary condition to be proved?

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A. There must be a prior meeting of two or more persons.
B. There must be an agreement of two or more persons to do an illegal act or to do a legal act by illegal means.
C. A person does an illegal act with the help of two or more persons.
D. Two or more persons commit a crime on a sudden provocation with guilty mind.
✅ The correct answer is option B.

Assertion (A): X and Y had independently entertained the idea to kill Z. Accordingly each of them separately inflicted wounds on Z, who dies in consequence. X and Y are liable for murder with the aid of Section 34 IPC. Reason (R): When a criminal act is done by several persons in furtherance of common intention of all, each of such persons is liable as if the whole act is done by him alone. Of the above statements.

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A. Both A and R are true and R is the correct explanation of A
B. Both A and R are true and R is NOT a correct explanation of A
C. A is true but R is false
D. A is false but R is true.
✅ The correct answer is option D.

Give correct response. Common intention within the meaning of section 34 of the Penal Code means:

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A. It implies a pre-arranged plan, prior meeting of minds, prior consultation in between all the persons constituting the group.
B. Evil intention of many persons to commit the same act.
C. A desire of many persons to commit a criminal act without any contemplation of the consequences.
D. The mens rea necessary to constitute the offence that has been committed by several persons.
✅ The correct answer is option A.

Which one of the following brings out the distinction between Section 34 and 149 of the IPC?

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A. Section 34 creates a specific offence whereas Section 149 does not
B. Section 34 as well as Section 149 creates specific offences.
C. Section 149 creates a specific offence whereas Section 34 does not.
D. Section 34 as well as Section 149 do not create specific offences.
✅ The correct answer is option C.

Give incorrect response. The following are the requirements of the principle of joint liability under section 34 of the Penal Code:

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A. Some criminal act must be done by several persons.
B. Criminal act must be done in furtherance of common intention of all of them.
C. Several persons must share the common intention, they may or may not participate in the commission of the act constituting the crime.
D. Common intention implies a pre-arranged plan between such persons.
✅ The correct answer is option C.

Point out incorrect response. The following persons are exempted from the jurisdiction of criminal courts in India.

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A. Alien enemies committing acts of war.
B. Foreign Sovereigns.
C. Foreign army on Indian soil present with the consent of Government of India.
D. Alien enemy committing a crime unconnected with war e.g., theft.
✅ The correct answer is option D.