Match List I with List II and select the correct answer using codes given below it :List IList II(a) The state of mind of a man who not only foresees but also desires the possible consequences of his conduct.(i) Knowledge(b) The actor does not desire the consequences but foresees the possibility and consciously takes the risk(ii) Negligence(c) Personal information of the person doing the act or the conscious awareness of certain facts.(iii) Intention(d) Failure to take reasonable care to avoid causing injury or loss to another person.(iv) Recklessness

The correct matching is a-iii, b-iv, c-i, d-ii.(a) Foreseeing and desiring the consequences is intention.(b) Foreseeing the possibility without desiring it, and consciously taking the risk, is recklessness.(c) Conscious awareness of certain facts is knowledge.(d) Failure to take reasonable care to avoid injury to another is negligence.Option C swaps knowledge and recklessness, and options A and B put intention against the wrong description.

General Explanations and Definitions Questions and Answers

Q: The essential elements of a crime are :

The essential elements of a crime are mens rea and actus reus.The maxim actus non facit reum nisi mens sit rea, an act does not make a person guilty unless the mind is guilty, states the two essentials: a guilty act or omission (actus reus, written 'actus rea' in the paper) and a guilty mind (mens rea). Many accounts add a human being as the doer and injury as the result, but these two are the core.Motive, the reason why a person acts, is not an element of a crime: a good motive does not excuse a crime, and a bad motive does not make a lawful act criminal. Intention and knowledge are forms of mens rea, so listing them with motive or action does not state the two elements.

Q: Which of the following is meaning of the maxim “Actus me invite factus non est mens actus”.

The maxim means an act done by me against my will is not my act.The maxim, correctly actus me invito factus non est meus actus, expresses the principle that criminal liability requires a voluntary act. Where a person's body is used as an instrument by another, or the act is done under physical compulsion, the act is not regarded as his own. The paper's spelling of the maxim is a misprint, but the meaning tested is this one.The first option garbles the idea of criminal intention, and the third speaks of liability for compulsion in general, which is a broader rule than the maxim states. Since only one rendering is the meaning, 'All of the above' is wrong.

Q: Match List I with List II and select the correct answer using codes given below it :List-IList-II(a) Instigating a person to commit an offence(1) Vicarious Liability(b) Planning to commit a theft(2) Abetment(c) An unlawful act without criminal intention(3) No offence in itself(d) Liability for act of another(4) Strict criminal liabilityCodes :

The correct matching is (a)-(2), (b)-(3), (c)-(4), (d)-(1).Instigating a person to commit an offence is abetment (Section 107 IPC, first head). Planning to commit a theft, with nothing done towards it, is mere preparation, which the Code does not punish for theft, so it is no offence in itself. An unlawful act done without criminal intention attracts strict criminal liability, the liability that some statutory offences impose without proof of a guilty mind. Liability for the act of another is vicarious liability by definition.The other codes break at one of these pairs: the first puts 'planning a theft' under vicarious liability and 'liability for act of another' under 'no offence', which cannot be right; the third and fourth link instigation to something other than abetment.

Q: The term 'Victim' has defined under :

'Victim' is defined in Section 2(wa) Cr.P.C.Section 2(wa) was inserted by the Code of Criminal Procedure (Amendment) Act, 2008, in force from 31 December 2009. It defines a victim as a person who has suffered any loss or injury caused by the act or omission for which the accused has been charged, and includes the victim's guardian or legal heir. The same amendment gave victims a right of appeal under the proviso to section 372.Section 2(wb), 2(xa) and 2(za) are not the definition of victim in the Code.

Q: A person who causes one thing to resemble another thing, intending by means of that resemblance to practice deception, or knowing it to be likely that deception will thereby practised is known as .............. .

The act described is to counterfeit.Section 28 IPC says a person is said to 'counterfeit' who causes one thing to resemble another thing, intending by means of that resemblance to practise deception, or knowing it to be likely that deception will thereby be practised. The definition is used in the offences relating to coins, stamps and property marks.Forgery under Section 463 concerns making false documents or electronic records. Cheating under Section 415 is deceiving a person into delivering property or doing something to his harm, and mischief under Section 425 is causing damage to property.

Q: Match List I with List II and select the correct answer using the codes given below it :List IList II(a) A person does anything with the intention of causing wrongful gain to one person or wrongful loss to another person.(i) Fraudulently(b) A person does the thing with intent to defraud but not otherwise.(ii) Dishonestly(c) A person cause an effect by means which, at the time of employing those means, he knew to be likely to be cause it.(iii) Intentionally(d) A person does an act with specific intent.(iv) Voluntarily

The match is a-ii, b-i, c-iv, d-iii.Under the IPC: doing something with intent to cause wrongful gain or wrongful loss is doing it 'dishonestly' (section 24); doing it with intent to defraud is doing it 'fraudulently' (section 25); causing an effect by means one knew to be likely to cause it is causing it 'voluntarily' (section 39); and an act done with specific intent is done 'intentionally'.The other codes (two of which are printed identically) pair (a) with fraudulently or (b) with intentionally, which swaps the IPC definitions of dishonestly and fraudulently.

Q: In criminal law, ................. may be defined as that which leads or tempts the mind to indulge in a criminal act or as the moving power which impels to act for a definite result.

The definition is of motive.Motive is the reason behind an act: what tempts or moves a person to commit it, such as greed, revenge or jealousy. It answers why the act was done. Motive is generally irrelevant to criminal liability, though it can be important evidence.Intention is the purpose or design with which the act is done, the aim to produce a particular result. Preparation and attempt are stages in committing a crime, not mental states.

Q: The term 'Victim' has been defined under :

'Victim' is defined in Section 2(wa) of the Cr.P.C.Clause (wa) was inserted in Section 2 of the Code of Criminal Procedure, 1973 by the amendment of 2009. It defines a victim as a person who has suffered any loss or injury caused by the act or omission for which the accused has been charged, and includes his or her guardian or legal heir. The Code has since been replaced by the Bharatiya Nagarik Suraksha Sanhita, 2023.The other clauses are not the definition of victim in the Code.

Provisions regarding "Punishment of offences committed within India" has been discussed in which chapter of The Indian Penal Code, 1860?

A.Chapter - IV
B.Chapter - II
C.Chapter - I
D.Chapter - VI

Exam Year(s)

DSSSB - 2023,

Answer: C

Punishment of offences committed within India is the heading of Section 2 of the Indian Penal Code, 1860, and Section 2 lies in Chapter I, the Introduction, which contains Sections 1 to 5 (title and extent, punishment within India, offences beyond India, and the extension and savings provisions).

Chapter II contains the general explanations, Chapter IV the general exceptions, and Chapter VI the offences against the State. So only Chapter I is the home of this provision.

Discuss in Forum

The essential elements of a crime are :

A.motive, mens rea and actus rea
B.mens rea and actus rea
C.motive, intention and knowledge
D.knowledge, intention and action

Exam Year(s)

MH SET - 2018, SET Exam - 2018,

Answer: B

The essential elements of a crime are mens rea and actus reus.

The maxim actus non facit reum nisi mens sit rea, an act does not make a person guilty unless the mind is guilty, states the two essentials: a guilty act or omission (actus reus, written 'actus rea' in the paper) and a guilty mind (mens rea). Many accounts add a human being as the doer and injury as the result, but these two are the core.

Motive, the reason why a person acts, is not an element of a crime: a good motive does not excuse a crime, and a bad motive does not make a lawful act criminal. Intention and knowledge are forms of mens rea, so listing them with motive or action does not state the two elements.

Discuss in Forum

Which of the following is meaning of the maxim “Actus me invite factus non est mens actus”.

A.Merely a voluntary act by me will not be a crime with a criminal intention
B.An act done by me against my will is not my act
C.Neither I nor my person can be held liable for an act done under compulsion
D.All of the above

Exam Year(s)

MH SET - 2018, SET Exam - 2018,

Answer: B

The maxim means an act done by me against my will is not my act.

The maxim, correctly actus me invito factus non est meus actus, expresses the principle that criminal liability requires a voluntary act. Where a person's body is used as an instrument by another, or the act is done under physical compulsion, the act is not regarded as his own. The paper's spelling of the maxim is a misprint, but the meaning tested is this one.

The first option garbles the idea of criminal intention, and the third speaks of liability for compulsion in general, which is a broader rule than the maxim states. Since only one rendering is the meaning, 'All of the above' is wrong.

Discuss in Forum

Match List I with List II and select the correct answer using codes given below it :

List-I	List-II
(a) Instigating a person to commit an offence	(1) Vicarious Liability
(b) Planning to commit a theft	(2) Abetment
(c) An unlawful act without criminal intention	(3) No offence in itself
(d) Liability for act of another	(4) Strict criminal liability

Codes :

A.(a)-(2), (b)-(1), (c)-(4), (d)-(3)
B.(a)-(2), (b)-(3), (c)-(4), (d)-(1)
C.(a)-(3), (b)-(4), (c)-(1), (d)-(2)
D.(a)-(4), (b)-(3), (c)-(2), (d)-(1)

Exam Year(s)

MH SET - 2018, SET Exam - 2018,

Answer: B

The correct matching is (a)-(2), (b)-(3), (c)-(4), (d)-(1).

Instigating a person to commit an offence is abetment (Section 107 IPC, first head). Planning to commit a theft, with nothing done towards it, is mere preparation, which the Code does not punish for theft, so it is no offence in itself. An unlawful act done without criminal intention attracts strict criminal liability, the liability that some statutory offences impose without proof of a guilty mind. Liability for the act of another is vicarious liability by definition.

The other codes break at one of these pairs: the first puts 'planning a theft' under vicarious liability and 'liability for act of another' under 'no offence', which cannot be right; the third and fourth link instigation to something other than abetment.

Discuss in Forum

Match List I with List II and select the correct answer using codes given below it :

List I	List II
(a) The state of mind of a man who not only foresees but also desires the possible consequences of his conduct.	(i) Knowledge
(b) The actor does not desire the consequences but foresees the possibility and consciously takes the risk	(ii) Negligence
(c) Personal information of the person doing the act or the conscious awareness of certain facts.	(iii) Intention
(d) Failure to take reasonable care to avoid causing injury or loss to another person.	(iv) Recklessness

A.a-i, b-ii, c-iii, d-iv
B.a-iv, b-iii, c-ii, d-i
C.a-iii, b-i, c-iv, d-ii
D.a-iii, b-iv, c-i, d-ii

Exam Year(s)

MH SET - 2019, SET Exam - 2019,

Answer: D

The correct matching is a-iii, b-iv, c-i, d-ii.

(a) Foreseeing and desiring the consequences is intention.
(b) Foreseeing the possibility without desiring it, and consciously taking the risk, is recklessness.
(c) Conscious awareness of certain facts is knowledge.
(d) Failure to take reasonable care to avoid injury to another is negligence.

Option C swaps knowledge and recklessness, and options A and B put intention against the wrong description.

Discuss in Forum

The term 'Victim' has defined under :

A.Section 2 (wa) Cr.P.C.
B.Section 2 (wb) Cr.P.C.
C.Section 2 (xa) Cr.P.C.
D.Section 2 (za) Cr.P.C.

Exam Year(s)

MH SET - 2020, SET Exam - 2020,

Answer: A

'Victim' is defined in Section 2(wa) Cr.P.C.

Section 2(wa) was inserted by the Code of Criminal Procedure (Amendment) Act, 2008, in force from 31 December 2009. It defines a victim as a person who has suffered any loss or injury caused by the act or omission for which the accused has been charged, and includes the victim's guardian or legal heir. The same amendment gave victims a right of appeal under the proviso to section 372.

Section 2(wb), 2(xa) and 2(za) are not the definition of victim in the Code.

Discuss in Forum

A person who causes one thing to resemble another thing, intending by means of that resemblance to practice deception, or knowing it to be likely that deception will thereby practised is known as .............. .

A.Forgery
B.Counterfeit
C.Cheating
D.Mischief

Exam Year(s)

MH SET - 2021, SET Exam - 2021,

Answer: B

The act described is to counterfeit.

Section 28 IPC says a person is said to 'counterfeit' who causes one thing to resemble another thing, intending by means of that resemblance to practise deception, or knowing it to be likely that deception will thereby be practised. The definition is used in the offences relating to coins, stamps and property marks.

Forgery under Section 463 concerns making false documents or electronic records. Cheating under Section 415 is deceiving a person into delivering property or doing something to his harm, and mischief under Section 425 is causing damage to property.

Discuss in Forum

Match List I with List II and select the correct answer using the codes given below it :

List I	List II
(a) A person does anything with the intention of causing wrongful gain to one person or wrongful loss to another person.	(i) Fraudulently
(b) A person does the thing with intent to defraud but not otherwise.	(ii) Dishonestly
(c) A person cause an effect by means which, at the time of employing those means, he knew to be likely to be cause it.	(iii) Intentionally
(d) A person does an act with specific intent.	(iv) Voluntarily

A.a-i, b-ii, c-iii, d-iv
B.a-iv, b-iii, c-ii, d-i
C.a-ii, b-i, c-iv, d-iii
D.a-i, b-ii, c-iii, d-iv

Exam Year(s)

MH SET - 2023, SET Exam - 2023,

Answer: C

The match is a-ii, b-i, c-iv, d-iii.

Under the IPC: doing something with intent to cause wrongful gain or wrongful loss is doing it 'dishonestly' (section 24); doing it with intent to defraud is doing it 'fraudulently' (section 25); causing an effect by means one knew to be likely to cause it is causing it 'voluntarily' (section 39); and an act done with specific intent is done 'intentionally'.

The other codes (two of which are printed identically) pair (a) with fraudulently or (b) with intentionally, which swaps the IPC definitions of dishonestly and fraudulently.

Discuss in Forum

In criminal law, ................. may be defined as that which leads or tempts the mind to indulge in a criminal act or as the moving power which impels to act for a definite result.

A.Intention
B.Motive
C.Preparation
D.Attempt

Exam Year(s)

MH SET - 2024, SET Exam - 2024,

Answer: B

The definition is of motive.

Motive is the reason behind an act: what tempts or moves a person to commit it, such as greed, revenge or jealousy. It answers why the act was done. Motive is generally irrelevant to criminal liability, though it can be important evidence.

Intention is the purpose or design with which the act is done, the aim to produce a particular result. Preparation and attempt are stages in committing a crime, not mental states.

Discuss in Forum

10.

The term 'Victim' has been defined under :

A.Section 2 (Wa) Cr.P.C
B.Section 2 (Wb) Cr.P.C.
C.Section 2 (Xa) Cr.P.C.
D.Section 2 (Za) Cr.P.C.

Exam Year(s)

MH SET - 2025, SET Exam - 2025,

Answer: A

'Victim' is defined in Section 2(wa) of the Cr.P.C.

Clause (wa) was inserted in Section 2 of the Code of Criminal Procedure, 1973 by the amendment of 2009. It defines a victim as a person who has suffered any loss or injury caused by the act or omission for which the accused has been charged, and includes his or her guardian or legal heir. The Code has since been replaced by the Bharatiya Nagarik Suraksha Sanhita, 2023.

The other clauses are not the definition of victim in the Code.

Discuss in Forum

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