LA: 14 (Criminal Law III)

Faculty Notes

Faculty Notes
Time: 120 Minutes

 Criminal Law is an important topic and almost 15-20% of Legal Aptitude Section is based
on this subject.
 What follows is an analysis of questions pertaining to Criminal Law under the Section in
major Law Entrance Exams like CLAT, NLU(D) and Symbiosis from the year 2008 to 2019:

Exam Legal Knowledge Legal Reasoning

CLAT 6 – 12 Questions 2 – 6 Questions
NLU (D) 6 – 10 Questions 2 – 6 Questions
Symbiosis 6 – 8 Questions 2 – 4 Questions

 Topics to be covered in this handout are as follows:

 Offences against body
 Offences against property
 Offences against country

 Introduction & Theory: 90 minutes

 Class Exercise: 30 minutes

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 LA: 14 (Criminal Law III)
Faculty Notes

CLASS ASSIGNMENT
Offence against Body and Property

Directions (1 to 8): The following questions consists of two statements, one labelled as, Assertion (A) and the
other labelled as Reason (R). You are to examine these two statements carefully and select the answers to these
using the codes given below:
(a) Both A and R is individually true and R is the correct explanation of A
(b) Both A and R is individually true and R is not the correct explanation of A
(c) A is true but R is false
(d) A is false but R is true
1. Assertion (A): The prosecution need not ensure a conviction of the accused a motive for the crime under Section
299 of I.P.C.
Reason (R): If motive is established, it would strengthen the case of the prosecution.
Answer: (b)
2. Assertion (A): Intention can only be gathered from the facts and circumstances of the case.
Reason (R): There is also one of the fundamental rules of criminal jurisprudence that the act and the intent both
must concur in order to constitute a crime.
Answer: (a)
3. Assertion (A): Where it is clear from medical evidence that it was a case of contract fire with a pistol and the
injury was inflicted on a very vital and vulnerable part of the body, the accused is clearly guilty of murder.
Reason (R): It is not necessary for the commission of the offence of murder that the accused should have the
intention to cause death.
Answer: (a)
4. Assertion (A): The phrase "likely to cause death" connotes that there is less probability of death.
Reason (R): The phrase "sufficient in the ordinary course of nature to cause death" means that probability of
death is greater.
Answer: (b)
5. Assertion (A): When a person commits mischief, he only causes loss to another but does not gain himself while,
in theft, he makes a wrongful dishonest gain at the expense of the victim.
Reason (R): If hurt is actually caused, while theft is being committed, the theft is punishable a robbery and not
under Section 382 IPC.
Answer: (b)
6. Assertion (A): There are four stages in the commission of an offence viz Intention, preparation, attempt and
commission.
Reason (R): In theft property is removed or taken away without the consent of the person in possession thereof,
in extortion there is a delivery of property with consent of induced fear.
Answer: (b)
7. Assertion (A): Theft, extortion or robbery can be committed by one person singly.
Reason (R): Element of fear does not exist in theft.
Answer: (b)
8. Assertion (A): Criminal liability can be fastened only when it is established that the goods have been dishonestly
misappropriated and not otherwise.
Reason (R): Paddy was entrusted by the Government to the firm. It was dishonestly misappropriated and all the
three partners were prosecuted for criminal breach of trust under Section 409 I.P.C.
Answer: (b)

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9. Before the offence of Criminal misappropriation of property is committed by the offender, the movable property
which is the subject of this offence is
(a) already in possession of the offender innocently
(b) illegally acquired by the offender
(c) deliberately misused by the offender
(d) illegally possessed by the offender
10. For the offence of criminal breach of trust the first essential ingredient to be proved is that
(a) the property was moved
(b) the property was entrusted
(c) the property must have legally clear title
(d) the property should be without encumbrances
11. In Sardar Singh vs. State, the accused a Patwari, was admittedly entrusted with the receipt book, or in any event
with dominion over it. He could not return it to his superior authorities. It was held that he could not be said to
have committed criminal breach of trust because
(a) the prosecution failed to prove dishonest misappropriation of the same or conversion of it to his own
use.
(b) the prosecution failed to prove his illegal possession of the same.
(c) the prosecution failed to prove so many things beyond doubt about the possession
(d) the prosecution failed to establish the right title over that property.
12. A theatre complex was being built by a businessman who was in need of money to complete the work. A person
approached him and told him that his friends would be glad to finance him. A series of meetings were held
between him and the team of financiers, documents were executed and money released in cash. This money was
later on found to be in counterfeit currency.
(a) No body shall be punished
(b) All the members of the team shall not be held guilty of cheating.
(c) All the members of the team cannot be held guilty of conspiracy and cheating.
(d) All the members of the team shall be held guilty of conspiracy and cheating.
13. In Nand Kumar Singh Vs State the accused, an agent of the Life Insurance Corporation was charged with
cheating the LIC on the ground of getting policies issued on the basis of forged documents and receiving
commission in relation to them. The commission was credited to the accused's account in natural course. The
forged documents were made by the co-accused. There was no evidence of his having done that with knowledge
or consent of the accused. It was held that
(a) the accused can be punished
(b) the accused has some fault
(c) the accused was entitled to acquittal
(d) the accused should be severely punished
14. Culpable homicide means such killing of a human being by a human being as
(a) is faulty
(b) is blame worthy
(c) is criminal
(d) is nonsense

15. Illegal omission on the part of a jail or supply food to a prisoner, or on the part of a mother to feed her infant
child, or on the part of a nurse, hired to feed an invalid, to feed him would amount to-
(a) culpable homicide if it results into death
(b) murder

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Faculty Notes

(c) rash and negligent act

(d) grievous hurt
16. Illegal omission to call off a dangerous dog fastening on a person knowingly fully well that, not doing so is likely
to cause the other person's death, or illegal omission to tell another that a river is swollen so high that the other
person cannot attempt to ford it safely, would be
(a) harassment
(b) culpable homicide
(c) murder not punishable
(d) negligence
17. Where the accused started beating his wife continually for one or two hours and left her only when she was
silenced, the only inference that could be drawn from his act was that
(a) his intention was not to kill the wife
(b) his wish was to liquidate the wife
(c) he deliberately intended the murder of the decease
(d) his way of doing of the act was of murder
18. Which one out of the following examples is NOT an example of theft?
(a) A being Z's servant and entrusted by Z with the case of Z's plate, dishonestly runs away with plate, without Z's
consent.
(b) If A, having pawned his watch to Z, takes it out of Z's possession without Z's consent, not having paid when
he borrowed on the watch.
(c) A is the paramour of Z's wife. She gives a valuable property which A knows to belong to her husband Z, and
to be such property as she has no authority from Z to give and if A takes that property dishonestly
(d) A finds a ring lying on the high road, not in the possession of any person.
19. Where a thief snatches away by force a basket which another is carrying, although he uses violence but since he
does not cause hurt or wrongful restraint or fear of hurt or wrongful restraint, his act is
(a) robbery and theft both
(b) theft and wrongful restraint
(c) simple theft and not robbery
(d) simple theft and hurt
20. If A instigates B to murder C, B refuses to do so
(a) A is not guilty as C is not murdered
(b) A is guilty of abetting B to murder C
(c) A is not guilty of abetting
(c) None of these
21. A administers drug to a pregnant women B with the intention of causing abortion. The drug is harmless. Which is
the correct response?
(a)There is no attempt to commit the offence by A
(b) There is attempt to commit the offence by A
(c) Drug may cause harm to the child
(d) None of these
22. Which of the following is necessary for the commission of a crime?
(a) Intention
(b) Preparation
(c) Completed act
(d) All of these
23. Culpable homicide means the causing of death by

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Faculty Notes

(a) An act with the intention of causing death

(b) An act with the intention of causing such bodily injury as is likely to cause death
(c) An act with the knowledge that it was likely to cause death
(d) All of the above
24. Homicide means killing of a human being
(a) It may be lawful
(b) It may be unlawful
(c) It may be either lawful or unlawful
(d) None of these
25. Culpable homicide is not murder if the accused is deprived of power of self control by
(a) Grave and sudden provocation by act of God
(b) Grave and sudden provocation by anyone
(c) Grave and sudden provocation by deceased
(d) All of the above
26. What is left out of culpable homicide after the special characteristics of murder have been taken away from it?
(a) Homicide
(b) Culpable homicide amounting to murder
(c) Culpable homicide not amounting to murder
(d) None of these
27. If two parties of men armed with deadly weapons deliberately enter into an unlawful fight and death takes place
(a) It is homicide
(b) It is murder
(c) It is not murder
(d) It is culpable homicide
28. If the death of a person is caused with his consent, he being above 18 years of age, suffers death or takes the risk
of death with his own consent,
(a) It is a murder
(b) It is not a murder
(c) It is a homicide
(d) None of these
29. A shoots B, with the intention of killing him. B dies in consequence. A commits
(a) Assault
(b) Culpable Homicide
(c) Murder
(d) Homicide
30. A attempts to pull Z's nose. Z, in the exercise of might of private defence, holds A to prevent him from doing so.
A is moved to sudden and violent passion and killed Z. This is
(a) Murder
(b) Culpable homicide
(c) Abetment of murder
(d) Grievous hurt
31. Whoever intending to take dishonestly any movable property out of the possession of any person without that
person's consent, moves that property in order to such taking is said to commit
(a) Extortion
(b) Trespass
(c) Robbery

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(d) Theft
32. A cuts down a tree on Z's ground, with the intention of dishonestly taking the tree of Z's possession without Z's
consent. Here as soon as A has served the tree in order to such thing, he has committed
(a) Robbery
(b) Dacoity
(c) Theft
(d) None of these
33. Removing ornaments from a dead body is
(a) Robbery
(b) Extortion
(c) Dacoity
(d) None of these
34. If the property is removed under mistake of fact, it is
(a) Robbery
(b) Dacoity
(c) Theft
(d) None of these
35. A person snatched away some books from a boy as the latter came out of school, and told him that they would be
returned when he came to his house, it was held that
(a) He was guilty of theft
(b) He was not guilty of theft
(c) He was guilty of extortion
(d) None of these
36. Where a person pawns his goods to another and subsequently removes them without paying the pawn money, the
removal amounts to
(a) Theft
(b) Not theft
(c) Robbery
(d) Extortion
37. A finds a ring belonging to Z on a table in the house which Z occupies. Here the ring is in Z's possession and if A
dishonestly removes it, A commits
(a) Robbery
(b) Theft
(c) Extortion
(d) None of these
38. A meets a bullock carrying a box of treasure. He drives the bullock in a certain direction, in order that he may
dishonestly take the treasure as soon as the bullock begins to move. A has committed
(a) Robbery of the treasure
(b) Theft of the treasure
(c) Dacoity of the treasure
(d) Extortion of the treasure
39. A Hindu wife, for taking away her stridhana out of the custody of her husband
(a) Can be convicted of theft
(b) Cannot be convicted of theft
(c) Can be convicted of robbery
(d) None of these

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Faculty Notes

40. A threatens to publish a defamatory concerning Z unless Z gives him money. He, thus, induces Z to give him
money. A has committed
(a) Defamation
(b) Theft
(c) Nuisance
(d) Extortion
41. A threatens Z, that he will keep Z's child in wrongful confinement, unless Z will sign and deliver to A, a
promissory note binding Z, to pay certain money to A. Z signs and delivers that note. A has committed
(a) Extortion
(b) Wrongful restraint
(c) Nuisance
(d) Theft
42. Dishonestly inducing the person so as to put in fear to deliver to any person property or valuable security is
(a) Theft
(b) Robbery
(c) Extortion
(d) Kidnapping
43. Theft and Extortion are the offences against
(a) Body
(b) The state
(c) The property
(d) None of these
44. A, by putting Z in fear of grievous hurt, dishonestly induces Z to sign or affix his seal to a blank paper and
deliver it to A. Z sign and delivers the paper to A. Here as the paper so signed may be converted into a valuable
security. A has committed
(a) Robbery
(b) Extortion
(c) Theft
(d) Dacoity
45. If death is caused after committing theft, in order to carry away the property, the offence will be constituted of
(a) Dacoity
(b) Extortion
(c) Robbery
(d) None of these
46. A finds a rupee on the high road, not knowing to whom that rupee belongs. A picks up the rupee. Here A has
committed the offence
(a) Robbery
(b) Dacoity
(c) Misappropriation
(d) None of these
47. A sees Z drops his purse with money in it. A picks up the purse with the intention of restoring it to Z but
afterwards appropriates it to his own use. A has committed an offence
(a) Misappropriation of property
(b) Robbery
(c) Dacoity
(d) Criminal breach of trust

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48. A finds a valuable ring, not knowing to whom it belongs, A sells it immediately without attempting to discover
the owner, A is
(a) Guilty
(b) Not guilty
(c) Guilty of theft
(d) Guilty of extortion
49. Can a person commit a breach of trust in respect of his own property?
(a) Yes
(b) No
(c) Sometimes
(d) None of these
50. Which of the following is necessary for the commission of crime?
(a) Intention
(b) Preparation
(c) Completed Act
(d) All of the above