Criminal Law – Practice Questions [Set 1, 10 Questions]

1. Aman, a soldier, fires on a mob by the order of his superior officer, in conformity with the commands of the law in consequence to which X and Y suffer grievous hurt and they sue Aman for the same in the court of law. Decide the guilt of Aman

1. Aman shall be guilty of grievous hurt
2. Aman’s guilt shall boil down to hurt as he fired by the order of his superior
3. Aman shall not be guilty of any offence as he is a soldier and he can do anything
4. Aman shall not be guilty of any offence as he fired by order of his superior which was in conformity with the law

2. ‘Doli incapax’​​ in criminal law describes the liability of

1. An insane person
2. A child below seven years of age
3. A child below twelve years of age
4. A person under the influence of drugs

3. Which one of the following is the​​ correct​​ statement?

Mistake of fact is excused under criminal law because:

1. It is in the interest of public
2. There is no mens rea
3. It is a mistake
4. It is in interest of court

4. ‘A’ a police officer, is directed by the court to arrest ‘B’. He arrest ‘C’ after reasonable inquiry believing ‘C’ to be ‘B’:

1. ‘A’ has committed the offence of wrongful confinement as he has arrested ‘C’ instead of ‘B’
2. ‘A’ has committed the offence of wrongful confinement as he was negligent in arresting ‘C’
3. ‘A’ has committed no offence because he arrested ‘C’ in good faith believing himself to be bound by law to do so
4. None of the above

5. An act done under ‘mistake of fact’ is:

1. Complete defence in a criminal charge
2. Complete defence in a criminal charge if done in good faith
3. No defence at all
4. Partial defence in a criminal charge

6. Examine the two statements and give the correct answer;

(A): a boy of six and half year old intentionally; kills B he is not liable for murder.

(R): a child under the age of seven years is immune from criminal liability

1. Both (A) and (R) are true and (R) is the correct explanation of (A)
2. Both (A) and (R) are true and (R) is not the correct explanation of (A)
3. (A) is true but (R) is false
4. (A) is false but (R) is true

7. A person on honest belief that his previous marriage has been dissolved by a decree of divorce whereas the divorce decree has not been granted:

1. He shall be guilty of bigamy
2. He shall not be guilty of any offence as one can marry whenever he wants to
3. He shall not be guilty of any offence as he honestly believed that his previous marriage has been dissolved
4. None of the above

8. Ravi was suffering from delusion. One night he considered his own son as a leopard and attacked him with an axe, thinking by mistake of fact that he was justified by law​​ to kill a human who he considered as a dangerous animal. Ravi is guilty of:

1. No offence as he has defence of mistake of fact in good faith
2. Murder
3. No offence as he has the defence of insanity
4. Culpable homicide

9. Examine the two statements and give the correct answer;

(A): a boy of 9 years intentionally kills B; he is not liable for murder.

(R): a child under the age of twelve years is immune from criminal liability

1. Both (A) and (R) are true and (R) is the correct explanation of (A)
2. Both (A) and (R) are true and (R) is not the correct explanation of (A)
3. (A) is true but (R) is false
4. (A) is false but (R) is true

10. A who is a resident of Canada has shifted to India a year back. On a very cold winter night he cuts the​​ woods from the forest and sets them on fire to obtain some heat. The police officer arrests him, he pleads that he has recently shifted to India and was not aware that it is illegal to cut woods from the forest in India:

1. He shall be not guilty of any offence as it was a mistake of fact
2. He shall not be guilty of any offence as he did the act under good faith
3. He shall be guilty of the offence as mistake of law is no excuse
4. He shall not be guilty of any offence as he is a resident of Canada and Indian law will not apply on him