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General Explanations and Definitions Questions and Answers

41.

Which section of The Arms Act, 1959 deals with the Licence for acquisition and possession of firearms and ammunition ?

Exam Year(s)

Tripura Public Service Commission - 2025,

Answer: C

The provision is Section 3 of The Arms Act, 1959.

Section 3 provides that no person shall acquire, have in his possession or carry any firearm or ammunition unless he holds a licence issued under the Act, subject to exceptions such as dealers and members of the armed forces.

Section 1 gives the short title and extent, Section 2 the definitions, and Section 4 the licence for certain arms in specified areas.

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42.

Which is a psychotropic substance under the NDPS Act ?

Exam Year(s)

Tripura Public Service Commission - 2025,

Answer: C

The psychotropic substance is LSD.

The NDPS Act distinguishes narcotic drugs (coca, cannabis, opium and their derivatives) from psychotropic substances, the synthetic and natural substances listed in its Schedule. Lysergic acid diethylamide (LSD), a hallucinogen, is a psychotropic substance.

Marijuana is cannabis, and heroin (diacetylmorphine) and opium are opium products, so all three are narcotic drugs.

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43.

Fraudulent intention is defined in

Exam Year(s)

Tripura Public Service Commission - 2019,

Answer: D

Fraudulent intention is defined in Section 25 of IPC.

Section 25 provides that a person is said to do a thing fraudulently if he does that thing with intent to defraud but not otherwise. The companion definition, dishonestly, is in Section 24.

Section 35 deals with acts done by several persons with criminal knowledge or intention, Section 45 defines 'life', and Section 75 provides enhanced punishment after a previous conviction.

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44.

Section 30 of The Arms Act, 1959 deals with

Exam Year(s)

Tripura Public Service Commission - 2025,

Answer: B

Section 30 deals with punishment for contravention of licence or rule.

It punishes anyone who contravenes a condition of a licence or a provision of the Act or its rules for which no other punishment is provided, with imprisonment up to six months, or fine up to two thousand rupees, or both. It is the residuary penal provision of the Act.

Punishment for using arms is in Section 27, and the power to restrict transport of arms is a separate provision, so options A and C are wrong.

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45.

Which of the meaning given for the maxim "Actus me invite factus non est mens actus" is correct ?

Exam Year(s)

UGC NET - 2012,

Answer: B

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

Actus me invito factus non est meus actus says that an act done against one's will is not one's own act. It applies to an act done under physical compulsion, as when one is pushed.

The first option mixes the maxim with the rule on mens rea. The third is wider than the maxim, because it speaks of any compulsion and of liability, but the maxim is about an act done against the will. So the correct meaning is the second option.

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46.

The general principles as to protection of an accused is based on :

(i) Autrefois acquit and Autrefois convict.
(ii) Reasonable doubt as to presumption of innocence.
(iii) Natural Justice.
(iv) Conviction can not be based without proving the guilt even if it was admitted. Which statement is correct ?

Exam Year(s)

UGC NET - 2012,

Answer: D

The key accepts all four statements, (i), (ii), (iii) and (iv), as the basis of the protection of an accused.

Autrefois acquit and autrefois convict protect a person from being tried twice for the same offence, as in Article 20(2) and section 300 of the Criminal Procedure Code. The presumption of innocence with proof beyond reasonable doubt, natural justice and the rule that a conviction cannot rest on an admission without proof of guilt are also basic safeguards.

The options naming only (i), (i) and (ii), or (i), (ii) and (iii) leave out one or more of these safeguards.

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47.

Preparation consists in devising or arranging means necessary for the commission of the offence. Such attempt is not punishable because

(i) the motive was harmless.
(ii) impossibility to reach wrongful end.
(iii) does not affect the security of any person.
(iv) it remained without culmination. The reasoned answer is

Exam Year(s)

UGC NET - 2012,

Answer: D

The official key says that all the reasons, (i), (ii), (iii) and (iv), have to be examined.

Mere preparation, such as arranging the means for an offence, is not punishable in general because it has not gone far enough to be an attempt. The harm is remote, the person may change his mind, and the act has not reached its completion.

Of the four reasons offered, each bears on why preparation is left unpunished: the harmless motive, the distance from the wrongful end, the lack of effect on anyone's safety and the lack of culmination. The key therefore takes the fourth option, and the options that credit only one or two of them are rejected.

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48.

Fill in the gap. Contributory negligence is ______ defense to a criminal charge.

Exam Year(s)

UGC NET - 2012,

Answer: D

Contributory negligence is no defence to a criminal charge. In the law of tort the plaintiff's own negligence may reduce the damages or defeat the claim, but in criminal law the question is whether the accused committed the offence, so the victim's carelessness does not acquit the accused, though it may bear on the sentence or on whether the act was the cause of the harm. The options genuine, accurate and sharp make no sense in the gap. The answer is no.

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49.

Fill in the gap. 'P' in support of a just claim of 'Q' has stated against 'Z', for a sum of Rupees one thousand and falsely sweared on a trial that he heard 'Z' admitted as to the just claim of 'Q'. The court decides that it was an affirmation of ________.

Exam Year(s)

UGC NET - 2012,

Answer: B

The court decides that the statement was an affirmation of false evidence, so (B) is correct. Under Section 191 of the Indian Penal Code, a person who is legally bound by an oath to state the truth and who makes a statement that he knows to be false, or does not believe to be true, gives false evidence. P swore falsely that he heard Z admit Q's claim, though his purpose was to support what he thought was a just claim, and the law does not excuse it. A statement of truth in option (A) is the opposite, and a declaration in option (C) is not the offence in question.

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50.

In which provision of Indian Penal Code the definition of 'valuable security' is explained ?

Exam Year(s)

UGC NET - 2012,

Answer: B

The definition of valuable security is in Section 30 of the Indian Penal Code, option B. It describes a document which creates, extends, transfers, restricts, extinguishes or releases a legal right, or by which a person acknowledges that he lies under legal liability or has not a certain legal right. Section 29 (A) defines document, section 31 (C) defines a will, and section 13 (D) was a definition of Queen, which was repealed.

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