Competitive Indian Penal Code

UPHJS Exam-2019—165 One-liners on Indian Penal Code, 1860

UPHJS Exam-2019165 One-liners on Indian Penal Code, 1860

[The instant materials are horizontally inclusive and are uploaded with purpose to expand the same on daily/ regular basis (in the given format) to make the contents memorable and inquisitive in tune with the online classroom/ tutorial materials relevant for competitive examinations. Accordingly, in the first step after 100 one-liners we have added upto 165 one-liners]

(1) INTRODUCTORY
1 The IPC is subject matter of the Concurrent List (Part-III) of the Indian Constitution.
2 The legislature has power to make law relating to Criminal Law (including IPC) under Entry No.—-?—Entry No.1.
3 The Cr.P.C. is an adjective law while IPC is a –substantive law
4 The preamble of the IPC is to provide— a general Penal Code for India
5 The IPC was enacted on –6th October 1860
6 Total Sections in IPC are ?—511 Sections
7 Total chapters in IPC are—23 Chapters
8 The IPC extends to—the whole India except J & K [Section 1]
9 The President of India and the Governors are exempted from criminal liability under Article—Article 361 of the Indian Constitution.
(2) GENERAL EXPLANATIONS
10 Which Section of the IPC provides that throughout the Code every definition of an offence, every penal provision, and every illustration of every such definition or penal provision, shall be understood subject to the “General Exceptions”—Section 6
11 The terms judge has been defined under Section—Section 19
12 A Magistrate exercising jurisdiction in respect of a charge on which he has power only to commit for trial to another Court, is—not a Judge [Illustration to Section 19]
13 A Municipal Commissioner is a—public servant [Section 21]
14 Movable property under IPC defined under Section?—Section 22 [The words “movable property” are intended to include corporeal property of every description, except (i) land and (ii) things attached to the earth or (iii) permanently fastened to anything which is attached to the earth]
(3) PUNISHMENTS
15 Originally, there were ___kinds of punishment under IPC. Now, there are___kinds of punishment—6; 5 [Section 53]
16 True/ False: In every case in which sentence of death shall have been passed, the appropriate Government may, with the consent of the offender, commute the punishment—False [sentence may be commuted without the consent of the offender—Section 54]
17 In calculating fractions of terms of punishment, imprisonment for life shall be reckoned as equivalent to imprisonment for_______years—twenty years [Section 57]
18 When the offence is punishable with fine only, the nature of imprisonment which the court impose in default of payment of fine shall be—Simple imprisonment [Section 67]
19 Maximum limit of solitary confinement to be?—Three months [Section73]
(4) GENERAL EXCEPTIONS
20 General exceptions/ defence/ Private defence have been dealt under Chapter—IV of the IPC
21 General exceptions/ defence/ Private defence have been dealt under Sections—Sections 76 to 106 of the IPC
22 Which Section of IPC declares that the definitions/ illustrations under IPC shall be subject to the general exceptions contained under Chapter IV of the IPC—Section 6 of the IPC
23 The burden to prove that any act of the accused comes within the purview of general exception as contained under Chapter IV of the IPC or anywhere in the Code lies upon whom—Accused  
24 The burden is upon the accused to prove that the act for which he is being tried falls within the purview of general exception as contained under Chapter IV of the IPC or anywhere in the Code. It is so declared under Section—Section 105 of the Indian Evidence Act
25 The defence under Sections 76 and 79 relate to—Mistake of facts     
26 Which sections of the IPC are are based upon the common law doctrine “ignorantia facti doth excusat; ignorantia juris non-excusat”Sections 76 and 79
27 R Vs. Tolson (1889) is a leading case on—Mistake of Fact
28 R Vs. Prince (1875) relates to—Mistake of law
29 A, a soldier, fires on a mob by the order of his superior officer, in conformity with the commands of the law. A has committed—No offence [Illustration to Section 76]
30 A, an officer of a Court of Justice, being ordered by that Court to arrest Y, and after due enquiry, believing Z to be Y, arrests Z. A has committed –No offence [Illustration to Section 76]
31 Which section of the IPC gives immunity to judges to act judicially—Section 77
32 The acts of the persons/ ministerial officers who do acts in pursuance of the judgment or order of the court is no offence and exempted under Section—Section 78 of the IPC
33 Accident is a good defence under IPC under Section—Section 80
34 The case of Jageswar Vs. Emperor (1923) relates to—the defence of accident (the infant got injured by falling down from his mother’s lap while his mother tried to intervene the fight between A & B)
35 A is at work with a hatchet; the head flies off and kills a man who is standing by. Here, if there was no want of proper caution on the part of A, his act is excusable and not an offence and he has protection under Section—Section 80
36 Section 81 relates to defence of—Necessity
37 Nothing is an offence merely by reason of its being done with the knowledge that it is likely to cause harm, if it be done without any criminal intention to cause harm, and in good faith for the purpose of preventing or avoiding other harm to person or property. It is so declared under Section—Section 81
38 Gregson Vs. Gilbert (1783) is related to—Defence of necessity
39 The defence of necessity in India is based upon the maxim—Necessitas vinict legal (i.e. necessity overcomes the law)
40 R. Vs. Dudley and Stephens (1884) is leading case on—Defence of necessity
41 Dhania Daji’s case (1868) relates to—Defence of necessity
42 Nothing is an offence which is done by a child (doli incapex) under_____ of age?—7 years [Section 82]
43 An infant/ a child under the seven years of age shall not be liable for any offence. It is so declared under—Section 82 
44 Section 82 is based on the principle of—Doli Incapex
45 An infant/ a child between the age of 7 to 12 years are liable for offence, if he has attained sufficient maturity and understands the nature of his act. It is so declared under Section—Section 83
46 Section 84 relates to the defence of –Insanity (Unsoundness)
47 In 1843 the law of insanity was properly formulated by the House of Lords in the historic case of—R Vs. M’Naghten
48 True/ False: Legal insanity and medical insanity are two different concepts—True
49 True/ False: “Irresistible Impulse” is a good defence under IPC—False
50 Sections 85 and 86 relates to the defence of –Intoxication/ Drunkenness
51 For defence of intoxication, to escape criminal liability, the intoxication—administered against his will or knowledge [Section 85]
52 True/ False: Voluntary intoxication is no defence under the Indian law of intoxication—True
53 DPP Vs. Beard (1920) of House of Lords is a leading case on—Intoxication/ Drunkenness
54 The Supreme Court of India in which case discussed in length the law of intoxication under IPC—Basdev Vs. State of Pepsu (1956)
55 The law relating to consent as a defence is contained under Sections—Sections 87 to 91
56 Any consent taken under fear or misconception is no consent. It is so declared under Section—Section 90
57 True/False: Any consent given by a person of unsound mind is no consent—True (Section 90, para2)
58 Any consent given by a person who is under the age of ____years is no consent—12 years (Section 90, para 3)
59 Any communication made in good faith is not an offence by reason of any harm to the person to whom it is made, if it is made for the benefit of that person. Such communication is a good defence under Section—Section 93 
60 A, a surgeon, in good faith, communicates to a patient his opinion that he cannot live. The patient dies in consequence of the shock. A has committed no offence, though he knew it to be likely that the communication might cause the patient’s death. A’s action will be protected under Section—Section 93 of IPC
61 An act, except murder and offences against State punishable with death, is protected under Section—Section 94
62 Triviality is a good defence under Section—Section 95
63 Which Section of IPC incorporate the maxim “De Minimis Non-Curat Lex”—Section 95
64 The right of self-help or private defence is human instinct and is recognized under criminal law. The provisions relating to right of private defence are dealt with under Sections—Sections 96 to 106
65 Nothing is an offence which is done in the exercise of the right of private defence. It is so declared under Section—Section 96
66 True/ False: Only citizens have right to private defence of body and property—False
67 Every person has a right of private defence of the body and the property under Section—Section 97
68 True/ False: The right of private defence of the body and the property is available for own body or property and for the body/ property of another person—True (See Section 97)
69 The right of private defence is preventive and not punitive or retributive. The right of private defence is not an absolute right and is subject to certain restrictions/ लक्ष्मण रेखा imposed under Section—Section 99
70 Whether right of private defence is available against attack due to misconceptionYes.  [Right of private defence is also available against—(a) the youth, (b) unsound person, (c) the person of immature understanding (d) intoxicated person (e) attack due to misconception. It is so declared under Section—Section 98]
71 As per Section 99 of the IPC, there is no right of private defence in the following conditions—

(a)    Act of Public Servant—There is no right of private defence against an act which does not reasonably cause the apprehension of death or of grievous hurt, if done, or attempted to be done, by a public servant acting in good faith under colour of his office, though that act, may not be strictly justifiable by law.

(b)   Time Available for Recourse to Public AuthoritiesThere is no right of private defence in cases in which there is time to have recourse to protection of the public authorities.

72 Extent to which the right may be exercised—The right of private defence in no case extends to the inflicting of more harm than it is necessary to inflict for the purpose of defence.
73 Which Section of IPC declares for causing death in private defence for the specified apprehended casualties Section 100
74 When Death Justifiable in Private Defence to Body?—When there is reasonable apprehension of—[DGR-RUKWA/ डी.जी.आर.-रुकवा] [Section 100]

(a)    Death

(b)   Grievous Hurt

(c)    Rape

(d)   Unnatural Lust

(e)    Kidnapping/ Abduction

(f)    Wrongful Confinement

(g)   Acid Attack (added by 2013 amendment)

75 A person while exercising right of private defence to body, subject to restrictions u/s 99 and except for offences enumerated under Section 100, has right to cause any harm other than death. It is so declared under Section—Section 101
76 Starting and Vanishing Point of Private Defence for Body (Section 102)— The right of private defence of the body commences as soon as a reasonable apprehension of danger to the body arises from an attempt or threat to commit the offence though the offence may not have been committed; and it continues as long as such apprehension of danger to the body continues.
77 When Death Justifiable in Private Defence to Property? (Section 103)—When there is reasonable apprehension of

(a)    Robbery;

(b)   House-breaking by night;

(c)    Mischief by fire committed on any building, tent or vessel, which building, tent or vessel is used as a human dwelling, or as a place for the custody of property;

(d)   Theft, mischief, or house-trespass, under such circumstances as may reasonably cause apprehension that death or grievous hurt will be the consequence

78 A person while exercising right of private defence to property, subject to restrictions u/s 99 and except for offences enumerated under Section 103, has right to cause any harm other than death. It is so declared under Section—Section 104
79 Commencement and continuance of the right of private defence of property has been dealt with under Section—Section 105
80 The right of private defence of property commences when— a reasonable apprehension of danger to the property commences [Section 105.1]
81 The right of private defence of property against theft continues till— the offender has effected his retreat with the property or either the assistance of the public authorities is obtained, or the property has been recovered. [Section 105.2]
82 The right of private defence of property against robbery continues as long as—the offender causes or attempts to cause to any person death or hurt or wrongful restraint or as long as the fear of instant death or of instant hurt or of instant personal restraint continues[Section 105.3]
83 The right of private defence of property against criminal trespass or mischief continues as long as—the offender continues in the commission of criminal trespass or mischief [Section 105.4]
84 The right of private defence of property against house-breaking by night continues as long as—the house-trespass which has been begun by such house-breaking continues [Section 105.5]
85 Whether Harm to Innocent Person may be caused in Private Defnece—While exercising right of private defence when there is apprehension of death, the defender be so situated that he cannot effectually exercise that right without risk of harm to an innocent person, his right of private defence extends to the running of that risk. It is so declared under Section—Section 106
86 A is attacked by a mob who attempt to murder him. He cannot effectually exercise his right of private defence without firing on the mob, and he cannot fire without risk of harming young children who are mingled with the mob. A commits no offence if by so firing he harms any of the children. A’s action is protected under Section—Section 106
(5) ABETMENT
87 The offence of abatement has been dealt with under Chapter—Chapter V
88 True/ False: The abetment of the illegal omission of an act may amount to an offence provided the abettor must himself be bound to do that act—False [Explanation 1 to Section 108]
89 True/ False: To constitute the offence of abetment it is necessary that the act abetted should be committed, or that the effect requisite to constitute the offence should be caused—False [Explanation 1 to Section 108]
90 A instigates B to murder C. B refuses to do so. Here, A is—guilty of abetting B to commit murder [Illus to Section 108]
91 A instigates B to murder D. B in pursuance of the instigation stabs D. D recovers from the wound. Here, A is guilty of— instigating B to commit murder [Illus to Section 108].
92 When an Act is abetted and a different act is done, the abettor is liable for the act done—in the same manner and to the same extent as if he had directly abetted it [Section 111]
(6) CRIMINAL CONSPIRACY
93 Chapter V-A of IPC deals with the—Criminal Conspiracy
94 Chapter V-A relating to conspiracy was not originally present in the IPC and was inserted in the year—1913
95 Criminal conspiracy is defined under Section—Section 120-A
96 When two or more persons agree to do, or cause to be done, (1) an illegal act, or (2) (2) an act which is not illegal by illegal means, such an agreement is designated as—Criminal conspiracy [Section 120-A]
97 True/ False: No agreement except an agreement to commit an offence shall amount to a criminal conspiracy unless some act besides the agreement is done by one or more parties to such agreement in pursuance thereof—True [Proviso to Section 120-A]
98 While punishing someone for criminal conspiracy it is material/ relevant as to whether the illegal act that was agreed upon is the ultimate object of such agreement, or is merely incidental to that object—False [Explanation to Section 120-A]
99 Criminal conspiracy is punishable under Section—Section 120-B
(7) OFFENCES AGAINST THE STATE
100 Waging war against the Government of India or attempts to wage such war, or abets the waging of such war is a punishable offence under Section—Section 121
101 Whoever wages war against the Government of India, or attempts to wage such war, or abets the waging of such war, shall be punished with—Death, or imprisonment for life and shall also be liable to fine [Section 121]
102 A joins an insurrection against the Government of India. A has committed the offence defined under Section—Section 121
103 Conspiracy to commit offences punishable by section 121 is a punishable offence under Section—Section 121A
104 True/ False: While attracting punishment for conspiracy of waging war against Government it is not necessary that any act or illegal omission shall take place in pursuance thereof—True [Explanation to Section 121-A]
105 True/ False: A State prisoner or prisoner of war, who is permitted to be at large on his parole within certain limits in 3[India], is said to escape from lawful custody if he goes beyond the limits within which he is allowed to be at large—True [Explanation to Section 130]
(8) OFFENCES RELATING TO ARMY, NAVY AND AIR FORCE
106 Wearing garb or carrying token used by soldier, sailor or airman is a punishable offence under Section—Section 140
(9) OFFENCES AGAINST PUBLIC TRANQUILITY
107 For unlawful assembly (विधिविरुद्ध जमाव/ULA) the number of persons must be—Five or more [Section 141]
108 True/ False: Initial unlawfulness of assembly is not necessary. An assembly which was not unlawful when it assembled, may subsequently become an ULA—True [Explanation to Section 141]
109 Whoever is a member of an ULA, shall be punished with—imprisonment of either description for a term which may extend to six months, or with fine, or with both [Section 143].
110 Rioting (बल्वा) is defined under Section—Section 146
111 Whenever a force of violence is used by an ULA, or any member thereof, in prosecution of the common object of such assembly, every member of such assembly is guilty of the offence of—Rioting [Section 146]
112 Affray (दंगा) is defined under Section—Section 159
(10) OFFENCES BY OR RELATING TO PUBLIC SERVANTS
113 Whoever, being a public servant, knowingly disobeys any direction of the law as to the way in which he is to conduct himself as such public servant, intending to cause, or knowing it to be likely that he will by such disobedience, cause injury to any person is a punishable offence under Section—Section 166
114 A, being an officer directed by law to take property in execution, in order to satisfy a decree pronounced in Z’s favour by a Court of Justice, knowingly disobeys that direction of law, with the knowledge that he is likely thereby to cause injury to Z. A has committed the offence defined under Section—Section 166
115 Personating a public servant (लोक सेवक का प्रतिरूपण)is a punishable offence under Section—Section 170
(11) OFFENCES RELATING TO ELECTIONS
116 Offences relating to election has been dealt with under Chapter—Chapter IX-A
117 True/ False: “Electoral right” means the right of a person to stand, or not to stand as, or to withdraw from being, a candidate or to vote or refrain from voting at an election—True [Section 171-A(b)].
(12) CONTEMPTS OF THE LAWFUL AUTHORITY OF PUBLIC SERVANTS
118 Contempt of lawful authority of public servant has been dealt with under Chapter—Chapter X
119 A, being legally bound to produce a document/ electronic record before a District Court, intentionally omits to produce the same. A has committed the offence defined under Section—Section 175
(13) FALSE EVIDENCE AND OFFENCES AGAINST PUBLIC JUSTICE
120 False evidence (मिथ्या साक्ष्य) has been defined under Section—Section 191
121 Whoever, being legally bound by an oath or by an express provision of law to state the truth, or being bound by law to make a declaration upon any subject, makes any statement which is false, and which he either knows or believes to be false or does not believe to be true, is said to give—False evidence [Section 191].
122 Punishment for giving false evidence has been prescribed under Section—Section 193
123 A, in support of a just claim which B has against Z for Rs.1,000, falsely swears on a trial that he heard Z admit the justice of B’s claim. A has given false evidence in ter,s of definition under Section 191 and will be punished under Section______for giving false evidence—Section 193
124 Section 195-A (threatening any person to give false evidence) is punishable with— imprisonment of either description for a term which may extend to seven years, or with fine, or with both.
(14) OFFENCES RELATING TO COIN AND GOVERNMENT STAMPS
125 The terms “coin” (सिक्का) and “Indian Coin” has been defined under Section—Section 230
126 Whether cowries (कौड़िया) coin—No  [Section 230]
127 Whether lumps (टुकड़े) of unstamped copper, though used as money, are coin—No  [Section 230]
128 Medals are not coin, inasmuch as they are— not intended to be used as money [Section 230]
(15) OFFENCES RELATING TO WEIGHTS AND MEASURES
129 All offences relating to weight and measures including fraudulent use of false instrument for weighing (Section 264); fraudulent use of false weight or measure (Section 265); being in possession of false weight or measure (Section 266); making or selling false weight or measure (267) are punishable with—Imprisonment of either description for a term which may extend to one year, or with fine, or with both.
(16) OFFENCES AFFECTING THE PUBLIC HEALTH, SAFETY, CONVENIENCE, DECENCY AND MORALS
130 Public nuisance is defined under Section—Section 268
131 True/ False: A common nuisance is excused on the ground that it causes some convenience or advantage—False [Section 268]
132 Which section of the IPC makes fouling water of public spring or reservoir a punishable offence—Section 277
133 Whoever commits a public nuisance in any case not otherwise punishable under IPC, shall be punished with—fine which may extend to two hundred rupees [Section 290].
(17) OFFENCES RELATING TO RELIGION
134 Offences relating to religion are dealt with under Chapter—Chapter 15
135 Injuring or defiling place of worship, with intent to insult the religion of any class is a punishable offence under Section—Section 295
(18) OFFENCES AFFECTING THE HUMAN BODY
136 Whether preparation to commit murder is—Not punishable
137 Which Section of IPC has been declared unconstitutional but still exist academically in IPC—Section 303 [Murder by life -convict]
138 An injury not sufficient to cause in the ordinary course of business death but the said injury was inflicted with the knowledge that that it is likely to cause death is punishable under—Section 304 Part II of IPC
139 Whoever is a thug, shall be punished with—imprisonment for life, and shall also be liable to fine [Section 311]
140 A hurt becomes grievous hurt, if the suffer is in severe bodily pain or is unable to follow the ordinary pursuits for ______days?—20 days  [Section320]
141 What are Sections 339 and 340?—Wrongful restraint and wrongful confinement respectively
(19) OFFENCES AGAINST PROPERTY
142 Offences relating to property are dealt with under Chapter—Chapter 17
143 Theft and extortion are defined under Sections—Sections 378 and 383 respectively
144 Robbery and dacoity are defined under Sections—Sections 390 and 391 respectively
145 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 the offence of—Theft [Section 378]
146 Preparation to commit dacoity is punishable offence under Section—Section 399
147 The nature of imprisonment for preparation to commit dacoity is—Rigorous imprisonment upto 10 years and fine both. [Section 399]
148 The offence cheating is defined under Section—Section 415
149 For an offence of cheating, the intention to cheat should be present—From very beginning
(20) OFFENCES RELATING TO DOCUMENTS AND PROPERTY MARKS
150 Forgery has been defined under—Section 463
151 A mark used for denoting that movable property belongs to a particular person is called a— property mark [Section 479]
(21) CRIMINAL BREACH OF CONTRACTS OF SERVICE
152 Criminal breach of contract of service has been dealt with under Chapter—Chapter 19.
153 Whoever, being bound by a lawful contract to attend on or to supply the wants of any person who, by reason of youth, or of unsoundness of mind, or of a disease or bodily weakness, is helpless or incapable of providing for his own safety or of supplying his own wants, voluntarily omits so to do, has committed an offence under Section—Section 491
(22) OFFENCES RELATING TO MARRIAGE
154 Every man who by deceit causes any woman who is not lawfully married to him to believe that she is lawfully married to him and to cohabit or have sexual intercourse with him in that belief, shall be punished with—imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine [Section 493]
155 Bigamy is an offence under Section—Section 494
(23) CRUELTY BY HUSBAND OR RELATIVES OF HUSBAND
156 CHAPTER XX-A relating to cruelty by husband or his relatives were inserted by amendment in the year—1983
157 Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished with—imprisonment for a term which may extend to three years and shall also be liable to fine [Section 498-A]
(24) DEFAMATION
158 Defamation has been defined under—Section 499
159 It may amount to defamation to impute anything to a deceased person, if the imputation— would harm the reputation of that person if living, and is intended to be hurtful to the feelings of his family or other near relatives [Explanation 1 to Sec.499]
(25) CRIMINAL INTIMIDATION, INSULT AND ANNOYANCE
160 Whoever threatens another with any injury to his person, reputation or property, or to the person or reputation of any one in whom that person is interested, with intent to cause alarm to that person, or to cause that person to do any act which he is not legally bound to do, or to omit to do any act which that person is legally entitled to do, as the means of avoiding the execution of such threat, commits—Criminal intimidation [Section 503]
161 A, for the purpose of inducing B to resist from prosecuting a civil suit, threatens to burn B’s house. A is guilty of the offence of—Criminal intimidation [Section 503]
162 What is Section 506—Punishment for criminal intimidation
163 Misconduct in public by a drunken person is punishable offence and shall be punished with—simple imprisonment upto twenty-four hours, or with fine which may extend to ten rupees, or with both [Section 510]
(26) ATTEMPTS TO COMMIT OFFENCES
164 A makes an attempt to steal some jewels by breaking open a box, and finds after so opening the box, that there is no jewel in it. He has done an act towards the commission of theft, and therefore is guilty under Section—Section 511
165 A makes an attempt to pick the pocket of Z by thrusting his hand into Z’s pocket. A fails in the attempt in consequence of Z’s having nothing in his pocket. A is guilty under Section—Section 511

 

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