General Explanations and Definitions Questions and Answers

Q: Match List-I (Jurists) with List-II (Assumptions) and select the correct answer using the codes given below :List - IList - II(a) Lord T.B. Macauley(i) Preparation of Penal Code of India(b) Jermy Bentham(ii) Un written jurisprudence on Penal principles(c) Kelson(iii) Substantive law on crimes(d) Sir Barnes Peacock(iv) Revision of Penal lawCodes : (a) (b) (c) (d)

The correct code is a-i, b-ii, c-iii, d-iv.Macaulay is linked with the preparation of the Indian Penal Code (a with i), Bentham with the unwritten jurisprudence on penal principles (b with ii), Kelsen with substantive law on crimes (c with iii) and Sir Barnes Peacock with the revision of the penal law (d with iv), as in the official key.The other codes give the preparation of the Penal Code to someone other than Macaulay, so only option (A) agrees with the key.

Q: Malignantly and maliciously are synonyms. There is only one provision of Indian Penal Code which covers both the aspect. Provide the correct answer :

The provision is Section 270 of the Indian Penal Code, as the key records.Section 270 punishes a malignant act likely to spread infection of disease dangerous to life. The word 'malignantly' is used in it, and the key takes this as the provision that covers both 'malignantly' and 'maliciously', the two being near synonyms.Sections 153, 219 and 220 deal with other offences, provocation to cause a riot and wrongful acts of public servants in judicial proceedings. They are not the provision the key accepts.

51.

Read Assertion I and Reason II and with the help of codes given below write the appropriate answer :

I. Assertion The distinctive feature between preparation and attempt must be based on.
II. Reason Preparation consists in devising means necessary for the commission of offence while attempt is the direct movement towords commission.
Codes :

A.Both I and II are true but II is not correct explanation of I.
B.Both I and II are true while II is the correct explanation of I.
C.I is true, but II is false.
D.II is true, but I is only a stage of crime.

Exam Year(s)

UGC NET - 2013,

Answer: B

Both statements are true and the reason explains the assertion, which is option B. The line between preparation and attempt rests on the fact that preparation is arranging the means for the offence, while attempt is the direct movement towards its commission.

Option A accepts both but denies the explanation, which is wrong here because the reason is exactly what separates the two stages. C and D call a true statement false.

The test of proximity is also applied by courts to decide whether an act has gone beyond preparation.

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52.

The accused caused bodily pain, disease or infirmity. But it is cognizable, bailable or compoundable. What offence, if any, has been committed by the accused ?

A.Voluntary causing grievous hurt as per Section 322 IPC.
B.Voluntary causing serious hurt as per Section 325 IPC.
C.Voluntary causing grievous hurt by dangerous weapon as per Section 324 IPC.
D.Voluntary causing grievous hurt by dangerous weapon as per Section 326 IPC.

Exam Year(s)

UGC NET - 2013,

Answer: B

The key takes the offence as voluntarily causing hurt of the serious kind under Section 325 of the IPC, which is option B. The description of cognizable, bailable and compoundable matches Section 325 as shown in the First Schedule of the Criminal Procedure Code, where the offence is compoundable with the permission of the court.

Section 322 defines voluntarily causing grievous hurt, and Sections 324 and 326 deal with hurt by dangerous weapons. They carry other consequences, so A, C and D are not the key.

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53.

Match the statement that mens rea is a loose term of elastic significance with that of the meaning in sequential order.

(a) Foresight of the consequences of the act.
(b) Criminal intention of deepest dye.
(c) An act which is visible.
(d) It depends upon knowledge and belief.
Matching probabilities :

A.It is the bare capacity to know in the sequence of (a), (b), (c) and (d).
B.It is essential ingredient of criminal offence in the sequence of (d), (c), (b) and (a).
C.It is a presumption to fix criminal liability in the sequence of (c), (b), (a) and (d).
D.Applicability of the principle becomes essential by the sequence of (b), (a), (d) and (c).

Exam Year(s)

UGC NET - 2013,

Answer: D

The key is option D, that the applicability of the principle becomes essential in the sequence of (b), (a), (d) and (c). It reads the four descriptions of mens rea in that order: criminal intention of deepest dye, foresight of the consequences, dependence on knowledge and belief, and an act which is visible.

Options A, B and C attach the statements to other sequences, such as the bare capacity to know or a presumption fixing liability, which are not the meaning the key gives for a loose term of elastic significance.

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54.

Read Assertion I and Reason II and with the help of codes given below point out the correct explanation.

I. Assertion Generally a master is not criminally liable merely because his servant has committed a negligent act.
II. Reason In ordinary course of employment a master may be criminally liable against the negligent acts of the servant.
Codes :

A.Both I and II are true, but II is not the correct explanation of I.
B.I is true and II is the genuine reason of I.
C.II is true, but I is not absolutely correct.
D.II is false, but I is only an assertion.

Exam Year(s)

UGC NET - 2013,

Answer: B

The key takes the assertion as true and the reason as its genuine reason, which is option B. As a general rule a master is not criminally liable merely because his servant has committed a negligent act, but in the ordinary course of employment the master may be liable for acts done within it.

Option A calls the reason not an explanation, C and D treat the assertion or the reason as faulty. The reason is read as the exception that qualifies the rule, which a reviewer should check against the statement of the question.

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55.

Match List-I (Jurists) with List-II (Assumptions) and select the correct answer using the codes given below :

List - I	List - II
(a) Lord T.B. Macauley	(i) Preparation of Penal Code of India
(b) Jermy Bentham	(ii) Un written jurisprudence on Penal principles
(c) Kelson	(iii) Substantive law on crimes
(d) Sir Barnes Peacock	(iv) Revision of Penal law

Codes : (a) (b) (c) (d)

A.(i) (ii) (iii) (iv)
B.(ii) (i) (iv) (iii)
C.(iii) (iv) (i) (ii)
D.(iv) (i) (ii) (iii)

Exam Year(s)

UGC NET - 2013,

Answer: A

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

Macaulay is linked with the preparation of the Indian Penal Code (a with i), Bentham with the unwritten jurisprudence on penal principles (b with ii), Kelsen with substantive law on crimes (c with iii) and Sir Barnes Peacock with the revision of the penal law (d with iv), as in the official key.

The other codes give the preparation of the Penal Code to someone other than Macaulay, so only option (A) agrees with the key.

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56.

Malignantly and maliciously are synonyms. There is only one provision of Indian Penal Code which covers both the aspect. Provide the correct answer :

A.Section 153
B.Section 270
C.Section 219
D.Section 220

Exam Year(s)

UGC NET - 2013,

Answer: B

The provision is Section 270 of the Indian Penal Code, as the key records.

Section 270 punishes a malignant act likely to spread infection of disease dangerous to life. The word 'malignantly' is used in it, and the key takes this as the provision that covers both 'malignantly' and 'maliciously', the two being near synonyms.

Sections 153, 219 and 220 deal with other offences, provocation to cause a riot and wrongful acts of public servants in judicial proceedings. They are not the provision the key accepts.

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57.

The Indian Penal Code no more denote a positive evil intent for fixing liability, however there are certain type of act which signifies want of care as culpable resulting out of breach of duty. What it is known as ?

A.Rashly
B.Negligently
C.Both (A) and (B)
D.None of them

Exam Year(s)

UGC NET - 2013,

Answer: C

The acts that signify want of care as culpable are known as rashly and negligently, both.

Under the Penal Code, many offences are made punishable when the act is done rashly or negligently. Rashness is the conscious taking of a risk, and negligence is a breach of the duty of care, which is a want of care without that awareness. Both are forms of fault that make a person liable when no evil intent is needed.

An option naming only one of the two is incomplete, and 'None of them' is wrong.

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58.

In which of the offences the actual commission of offence is not punished but it's attempt is punished ?

A.When the execution of murder falls short.
B.Causing miscarriage.
C.Suicide.
D.Exposure with intention to abandon the child.

Exam Year(s)

UGC NET - 2013,

Answer: C

The offence in which the act itself is not punished but its attempt is punished is suicide. Suicide, which succeeds, cannot be punished since the offender is dead, but an attempt to commit suicide was made punishable under Section 309 of the Indian Penal Code. In attempted murder, causing miscarriage or exposure of a child, the act itself is also an offence. So option C is correct. Section 309 IPC made attempt to commit suicide an offence, although the Supreme Court has discussed its constitutional validity several times, and the question of decriminalisation has been taken up in later law.

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