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Which of the following is an ingredient to an offence under Section 157, Indian Penal Code?<br>1. That the accused harboured, received or assembled in any house or premises<br>2. That such house or premises were in his occupation or charge or under his control<br>3. Such persons were hired (or engaged or employed or were to be hired, engaged or employed) to join or become members of an unlawful assembly<br>4. That the accused did so knowingly
A
1, 4
B
2
C
3
D
1, 2, 3, 4
Correct Answer:
1, 2, 3, 4
Consider the following statements:
1. Section 34 of Indian Penal Code requires two persons whereas Section 149 of Indian Penal Code require five persons.
2. Section 34 of Indian Penal Code requires common intention, whereas Section 149 of Indian Penal Code requires common object
3. Section 34 of Indian Penal Code and Section 149 of Indian Penal Code both require presence of a prior consent
4. Section 34 of Indian Penal Code and section 149 of Indian Penal Code. Both create specific offence
Which of the above statements are correct?
A
1 and 3
B
2 and 3
C
1 and 2
D
2 and 4
Carefully read following statements:
1. According to Section 34 of Indian Penal Code, requirement is of two persons, whereas under Section 149 of Indian Penal Code, requirement is of five persons.
2. According to Section 34 of Indian Penal Code, common intention is required whereas under Section 149 Indian Penal Code, common object is required
3. Previous consent is required under Section 34 & 149 of Indian Penal Code
4. Section 34 of Indian Penal Code and Section 149 of Indian Penal Code constitutes a specific offence
Which of the above statements is true:
A
1 and 3
B
2 and 3
C
1 and 2
D
2 and 4
Which of the following is an essential ingredient to an offence under Section 141, Indian Penal Code?
1. That there was an assembly of five or more persons
2. That assembly must have one of the five objects given in Section 141, Indian Penal Code
3. There must be commonality of object amongst all members
4. The members assembled knowingly or continued to join (remain in) the assembly
A
1
B
2, 4
C
3
D
1, 2, 3, 4
Which of the following is an essential ingredient of an offence under Section 129, Indian Penal Code? Which of the following is an essential ingredien t of an offence under Section 129, Indian Penal Code?
1. The accused is a public servant (or was a public servant at the time of commission of the offence)
2. He was having custody of a prisoner of state or custody of a war prisoner
3. Such a prisoner was rescued or escaped
4. Such an escape or rescue was due to the negligence of the accused
A
1
B
2, 4
C
3
D
1, 2, 3, 4
Which of the following distinguishes section 34 of Indian Penal Code from section 149, Indian Penal Code?
1. Section 149 creates a substantive offence whereas section 34 does not create an offence.
2. Section 149 requires common object whereas section 34 requires common intention.
3. Section 149 requires five or more persons whereas section 34 requires two or more persons.
Select the correct answer:
A
1, 2 and 3
B
1 and 3
C
2 and 3
D
1 and 2
Accused persons were charged under section 302 read with section 149, Indian Penal Code. The existence of common intention amongst the accused persons was established from the surrounding circumstances and from their conduct on the spot. No charge had been framed under section 34, Indian Penal Code. In such case
A
It is not possible to convict the accused with the aid of section 34
B
It is possible to convict the accused with the aid of section 34
C
Cannot be determined
D
None of these
Which of the following statements are correct in relation to criminal conspiracy?
1. When two or more persons agree to do an unlawful act by an unlawful means then they will be guilty of criminal conspiracy
2. Several persons agreed to commit an "offence" but nothing was done in pursuance of the agreement
3. When two or more persons agree to do a lawful act in lawful manner by lawful means but an overt act is done by one them
4. Criminal conspiracy to commit and offence punishable with fine alone will not entail any liability
Select the correct answer:
A
1, 3 and 4
B
2, 3 and 4
C
1, 2 and 4
D
1, 2 and 3
Which of the following statement/statements is/are not correct?
1. Both Sections 34 and 149 of Indian Penal Code itself create specific offences
2. Both Sections 34 and 149 of Indian Penal Code relate to Doctrine of Vicarious liability
3. Section 34 fixes a minimum two persons who must share common intention while Section 149 requires there must be at least 10 persons to have the common object
4. Some active participation is necessary under Section 34 but Section 149 does not require it. Mere member of the unlawful Assembly with common object is sufficient for liability.
A
Only 1 is incorrect
B
1 and 2 both are incorrect
C
1 and 3 are incorrect
D
1, 2, 3 and 4 all are incorrect
Which of the following ingredient is to be proved of an offence under Section 128, Indian Penal Code by the prosecution?
1. The accused is a public servant
2. That a State prisoner or prisoner of war is confined in a place
3. That such accused (public servant) has in his custody such State prisoner or prisoner of war
4. That the accused public servant has voluntarily allowed a prisoner to escape from the place of confinement
A
1, 3
B
2
C
4
D
1, 2, 3, 4
To prove both the parts of the offence contemplated in Section 116 of the Indian Penal Code, which of the following must be proved by the prosecution?
1. To prove the first part, the accused did abet the offence either by instigation or by conspiracy or by intentional aiding or by illegal omission.
2. To prove the first part, the offence was such which is punishable with imprisonment.
3. To prove the second part, the person abetted was a public servant during the period he was abetted.
4. To prove the second part, it was the duty of such public servant to prevent the commission of such an offence.
A
1 and 3
B
1 and 4
C
2 and 4
D
1, 2, 3, 4