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Which of the following is an essential ingredient to an offence under Section 141, Indian Penal Code?<br>1. That there was an assembly of five or more persons<br>2. That assembly must have one of the five objects given in Section 141, Indian Penal Code<br>3. There must be commonality of object amongst all members<br>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
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 ingredient to an offence under Section 157, Indian Penal Code?
1. That the accused harboured, received or assembled in any house or premises
2. That such house or premises were in his occupation or charge or under his control
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
4. That the accused did so knowingly
A
1, 4
B
2
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
Consider the following statement:
Section 34 of the Indian Penal Code does not apply where:
1. Five or more person assembled where one killed A
2. A and B who are enemies of C decided distinctly of kill C. A killed C when B was also present
3. The presence of any person, who participated in the pre-arranged plan, is not necessary at the time of actual commission of the crime
4. Privity of mind of all the accused is an essential ingredient for the commission of crime of these statements:
A
1, 2 and 4 are correct
B
1, 2 and 3 are correct
C
2, 3 and 4 are correct
D
1, 3 and 4 are correct
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
To constitute a matter of res judicata which of the following conditions must concur?
1. The matter directly and substantially in issue in the subsequent suit or issue must be the same matter which was directly and substantially in issue either actually (section 11, explanation III) or constructively (section 11, explanation IV) in the former suit
2. The former suit must have been a suit between the same parties under whom they or any of them claim. Explanation VI of Section 11 must be read with this condition
3. The parties as aforesaid must have litigated under the same title in the former suit
4. The court which decided the former suit must have been a court competent to try the subsequent suit of the suit in which such issue has been subsequently raised. Explanation II of section 11 is to be read with condition
5. The matter directly and substantially in issue in the subsequent suit must have been heard and finally decided by the court in the first suit. Explanation V of section 11 is to be read with this condition
A
1, 2
B
3, 4
C
2, 4, 5
D
All of these
The ingredients of Section 149 of the Indian Penal Code are-
1. Knowledge of the probability of the commission of the offence
2. Common intention
3. Unlawful objects stated in Section 141 of the Indian Penal Code
4. Active participation in commission of crime.
Select the correct answer:
A
1, 3 and 4
B
2 and 4
C
3 and 4
D
1 and 3
Which of the following combinations are correctly matched?
1. Harbour ⇔ Section 51A, Indian Penal Code
2. Wrongful Loss ⇔ Section 23, Indian Penal Code
3. Gang rape on woman under twelve years of age ⇔ Section 376DB, Indian Penal Code
4. Gang rape ⇔ Section 376D, Indian Penal Code
Select the correct answer:
A
1, 3 and 4
B
1, 2 and 3
C
2, 3 and 4
D
1, 2 and 4