Top 1000+ Solved Indian Penal Code (IPC 1860) MCQ Questions Answer
Q. Sec. 76 says -- Nothing is an offence which is done by a person who is or who by reason of :
a. Mistake of fact believes himself to be right to do it.
b. Mistake of fact believes himself to be bound by law to do it.
c. Mistake of law in good faith believe himself to be bound by law to do it.
d. Mistake of fact in good faith believes himself to be bound by law to do it.
Q. A an officer was ordered to arrest B, believing Z to be B, he arrest Z.
a. A has committed no offence.
b. A has committed an offence.
c. A has committed no offence by reason of mistake of fact under Se 76.
d. None of the above.
Q. A soldier beats an innocent person by the order of his superior officer :
a. A is not entitled to get defence under Sec. 76.
b. A is entitled to get defence as he was obeying the order of his superior offence.
c. A is entitled to get defence under Se 76.
d. A’s officer will be liable only.
Q. Give incorrect response. The following are essentials of defence of mistake of fact under section 76 of the Penal Code:
a. In mistake there must be an act done by a person who is either bound by law or believes himself to be bound by law in doing an act.
b. Mistake may either relate to a fact or to law.
c. The belief must be by reason of a mistake of a fact.
d. Belief must be a bonafide belief in good faith.
Q. According to Sec. 79 -- “Nothing an offence which is done by any person who is justified by law and who by reason of mistake of fact in good faith believes himself to be :
a. Bound by law in doing it.
b. Justified by law in doing it.
c. Right in doing it.
d. None of the above.
Q. A attacked with sword B who was behind the bush believing B to be a tiger :
a. A is entitled to get benefit under Sec. 76 and 79 both.
b. A is entitled to get benefit under Sec. 76.
c. A is entitled to get benefit under Se 79.
d. A is not entitled to get any benefit.
Q. Give the correct response?
a. Mistake of fact in a criminal case is not a good defence.
b. Mistake of law in a criminal case is not defence.
c. Mistake of law in a criminal case may be a good defence.
d. None of the above.
Q. The maxim ignorantia juris non excusat does mean :
a. Mistake of court is no defence.
b. Mistake of judicial act is no defence.
c. Mistake of fact is no defence.
d. Mistake of law is no defence.
Q. Point out incorrect response. The following are ingredients of section 79 of the Indian Penal Code:
a. Such a belief must be by reason of a mistake of fact and not by reason of a mistake of law.
b. Act must have been done by a person who is either justified by law or believes himself to be justified by law in doing it.
c. One must be legally bound to do that act and not only legally justified to do it.
d. Belief must be a bona fide belief in good faith.
Q. 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.
Q. 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 dea
Q. 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 loade
Q. 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.
Q. Give incorrect response.The following are the essential conditions of criminal liability.
a. Knowledge that the act is prohibited by law.
b. Knowledge of facts upon which the good and evil of an act may depend.
c. Intelligence to distinguish between good and evil.
d. Free will.
Q. 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.