Top 1000+ Solved Indian Penal Code (IPC 1860) MCQ Questions Answer
Q. Which is one of the following statements correctly describes the concept of ‘Mens rea’?
a. Mens rea needs be present at the stage of planning, but not act the stage of commission of the offence.
b. Mens rea should be excluded unless the statute specifically requires it to be proved.
c. Absolute prohibition is not required to negate mens rea
d. If the statute is silent about mens rea, as a general rule it should be read into the statute.
Q. A right which has a co-relative duty and can be legally enforced is called:
a. An antecedent right
b. A remedial right
c. A perfect right
d. An imperfect right.
Q. The essential ingredients of a crime are:
a. Motive, mens rea and actus reus
b. Motive, intention and knowledge
c. Actus reus and mens rea
d. None.
Q. Give correct response. The common law rule is that no person is criminally liable for the act of another unless he has authorised or assented to it. The following are exceptions to this rule:
a. Criminal Trespass.
b. Private Nuisance.
c. Riot.
d. Public Nuisance.
Q. Point out best response. Of all the doctrines that are of fundamental importance in criminal jurisprudence, the rule is that:
a. A man is presumed innocent until he is proved guilty and that the benefit of all reasonable doubts must be given to the accused.
b. Whenever a case is brought with in the forecorners of a statute, the burden lies upon the accused to prove that the act was done innocently and not intentionally or negligently.
c. Whenever the prosecution alleges the commission of a crime and prima facie establishes the guilt of the accused the burden lies upon the defence to disporve the prosecution story.
d. Where the evidence adduced by the accused fails to satisfy the court affirmatively of the existence of circumstances bringing the case with the general exception pleaded, the accused shall not be entitled to acquittal in any circumstance whatsoever.
Q. Point out incorrect response. There is a presumption that mens rea and evil intention or knowledge of the wrongfulness of the act, is an essential in every offence. However, the following are some of the exceptions to this general rule:
a. Acts which are not criminal in any sense, but are acts which in the public interest are prohibited under the penalty.
b. Cases of public nuisance where the employer is liable on indictment for nuisance caused by workmen without his knowledge and contrary to his orders.
c. There may be cases in which, although the proceeding is criminal in form, it is really as summary mode of enforcing civil right.
d. All cases of private nuisance.
Q. Give best response. Acts reus and mens rea are the two most essential elements of a crime. Actus reus means as follows :
a. External manifestation of will is known as actus reus.
b. Actus reus means the act, omission or other event indicated in the definition of the crime charged as being prescribed by criminal law.
c. Actus reus are such bodily movements as are prohibited by law.
d. Actus reus means such physical act of a human being as the law seeks to prevent.
Q. Point out incorrect response.The following are the examples of cases of strict liability at common law:
a. Private libel.
b. Public nuisance.
c. Contempt of Court.
d. Public as well as private nuisance.
Q. Point out incorrect response. The doctrine of mens rea requires a mind at fault in all offences. To this general rule, the exceptions are found in statutory offences. Some of the exceptions are offences relating to:
a. Public welfare offences relating to regulation of road traffic.
b. Public welfare offences, such as sale of adulterated drugs or food articles.
c. Abduction and Bigamy in common law.
d. Liability of the master for the acts of his servants.
Q. Point out incorrect response. The maxim nullum poena sine leg, nullum crimes sine leg, known as the principle of legality implies the following:
a. Non-retroactivity of penal laws i.e. no person shall be punished except in pursuance of a statute which fixes a penalty for a criminal conduct.
b. No person shall be prosecuted and punished for the same offence more than once.
c. Penal statutes are to be construed strictly against the state and in favour of the accused.
d. It lays down an injunction to the legislature not to lay down the law in broad general terms but it must be certain and also that penal laws should be accessible and intelligible.
Q. Point out incorrect response.The following are the fundamental principles of criminal jurisprudence:
a. No person accused of an offence shall be compelled to be a witness against himself.
b. No person can be put to peril twice for the same offence.
c. A man is presumed innocent unless he is proved guilty i.e., the burden of proving the guilt lies on the prosecution and benefit of all reasonable doubts is given to the accused.
d. Whenever insanity is pleaded in defence by the accused the burden shall lie upon the prosecution to prove that the accused was of sound mind at the time of commission of the offence.
Q. Give correct response. Generally speaking the elements of a crime are:
a. Mens rea and acts reus are the two most important elements of a crime; whereas motive is never a relevant factor in determination of criminal liability.
b. Motive is never taken into consideration to determine the criminal liability of a person, only actus reus is important.
c. Motive, mens rea and actus reus; all are essential elements of a crime.
d. Motive is some times more important than mens rea to determine the criminal liability of a person.
Q. Point out incorrect response. Actus reus and mens rea are the two important elements of a crime. Actus reus may be defined as ‘such result of human conduct as the law seeks to prevent.’ It is made up of three constituent parts, namely :
a. Act may be done voluntarily or involuntarily.
b. Such act as is ‘prohibited by law.’
c. Human action which is usually termed as ‘conduct’.
d. The result of such act in the specified circumstances i.e., injury.
Q. Give best response. Actus non facit reum nisi mens sit rea, (act itself does not make a man guilty unless his intentions were so). Thus mens rea means:
a. Expectations in the mind that the bodily motions will lead to certain consequences.
b. Mens rea means the mental state expressly or impliedly mentioned in the definition of the crime charged, which mental state constitutes a necessary requirement of that crime.
c. Mens rea denotes that guilty frame of mind with which an act is done.
d. Mens rea means evil intent or knowledge of the wrongfulness of conduct.
Q. Give correct response. Negligence in crime means :
a. A man is said to be negligent with respect to the consequences of his act, if he foresees the probability that it will occur, but does not desire it, nor foresees it as certain.
b. The state of mind of a person who foresees the possible consequences of his conduct, but acts without any intention or desire to bring them about.
c. An attitude of mental indifference to obvious risk.
d. Want of care and precaution which a reasonable man would have taken under the particular circumstances of the case.