I85PREP
⌘ K
Kerala Munsiff-Magistrate study materials
Kerala Munsiff-Magistrate study resources

Kerala Munsiff-Magistrate practice questions

One question at a time. Build your Kerala Munsiff-Magistrate understanding.

First 50 of 200 questions. Each one lists the choices, the correct answer, and an explanation. The checker at the top of this page saves progress in this browser when it is available.

Continue in the practice tool above to load more questions, 50 at a time.

Question 1Civil Procedure Code and Limitation Act

Under the Code of Civil Procedure, 1908, a plaint shall be rejected under Order VII Rule 11 where it appears from the statement in the plaint that the suit is barred by any law in force. Which of the following best describes the court's approach while deciding such an application?

  1. The court must decide the bar only after framing issues and examining witnesses at trial.
  2. The court must record oral evidence of both parties before deciding whether the suit is barred by law.
  3. The court must treat the plaint's allegations as true and consider only the plaint, the documents filed with it and the statutory bar, without a mini trial. Correct answer.
  4. The court must refer the question of limitation to the revenue authorities for a report.

Explanation

Order VII Rule 11 requires the court to examine the plaint as it stands; the averments are taken as correct and only the plaint, its annexures and the statutory bar are looked at. The question of a bar by law is decided without a full trial or recording of evidence.

Question 2Civil Procedure Code and Limitation Act

A defendant fails to file a written statement within the time allowed. Under Order VIII Rule 1 read with Rule 10, what is the normal consequence?

  1. The defendant is debarred from being heard in the suit entirely.
  2. The court may pronounce judgment against him or make such order in relation to the suit as it thinks fit. Correct answer.
  3. The plaint is returned to the plaintiff for fresh presentation.
  4. The suit is dismissed for default of the defendant.

Explanation

Order VIII Rule 10 empowers the court, where a party fails to file a written statement, to pronounce judgment against him or make such other order as it thinks fit. The court retains discretion and normally proceeds ex parte rather than dismissing the suit.

Question 3Civil Procedure Code and Limitation Act

Under Section 10 of the Code of Civil Procedure, a later suit is liable to be stayed where the matter in issue is also directly and substantially in issue in a previously instituted suit. Which condition is essential for Section 10 to apply?

  1. The earlier suit must be pending in the same court where the later suit is filed.
  2. The earlier suit must have been instituted at least one year before the later suit.
  3. The subject matter of both suits must be immovable property of identical value.
  4. Both suits must be between the same parties or parties under whom they claim, litigating under the same title, in courts competent to grant the relief. Correct answer.

Explanation

Section 10 requires identity of parties litigating under the same title, the same matter directly and substantially in issue, and both courts competent to grant the relief claimed. The pendency of the prior suit in another competent court is sufficient.

Question 4Civil Procedure Code and Limitation Act

A plaint is returned under Order VII Rule 10 for presentation to the proper court. What is the effect of such return on the limitation period for the fresh suit?

  1. Limitation is automatically extended by one year from the date of return of the plaint.
  2. The fresh suit is not governed by limitation at all once the plaint is returned.
  3. The time taken in the first court is excluded under Section 14 of the Limitation Act as the proceedings were prosecuted with due diligence. Correct answer.
  4. The plaintiff must file a fresh suit within the original period computed from the date of the cause of action, with no exclusion.

Explanation

Section 14 of the Limitation Act excludes the time spent in prosecuting a suit in a court which, from defect of jurisdiction or other cause of a like nature, is unable to entertain it. A return under Order VII Rule 10 is a typical case for such exclusion.

Question 5Civil Procedure Code and Limitation Act

Under Order VI Rule 17, an amendment of pleadings may be allowed at any stage. Which statement correctly states the present position on amendments after the trial has commenced?

  1. No amendment is permissible once issues are framed.
  2. An amendment may be allowed if the court concludes that in spite of due diligence the party could not have raised the matter before the commencement of trial. Correct answer.
  3. An amendment is allowed as of right on payment of costs, irrespective of diligence.
  4. Only amendments that reduce the claim may be allowed after trial begins.

Explanation

The proviso to Order VI Rule 17 bars amendments after trial has commenced unless the court finds that, despite due diligence, the matter could not have been raised earlier. The amendment is discretionary, not a matter of right.

Question 6Civil Procedure Code and Limitation Act

A plaintiff seeks to sue as an indigent person. Under Order XXXIII, which of the following is a condition for grant of permission?

  1. The applicant must not be possessed of sufficient means to pay the court fee, and the suit must not be barred by law or by limitation. Correct answer.
  2. The applicant must obtain prior sanction of the District Collector.
  3. The applicant must deposit half the court fee as security.
  4. The applicant must be a woman or a minor.

Explanation

Order XXXIII permits a person without sufficient means to sue as an indigent person, provided the suit is not barred by law, limitation or the nature of the claim, and the applicant has not entered into an agreement to share the subject matter.

Question 7Civil Procedure Code and Limitation Act

Under Section 9 of the Code of Civil Procedure, the civil courts have jurisdiction to try all suits of a civil nature except those of which cognizance is expressly or impliedly barred. Which of the following suits is held to be of a civil nature?

  1. A suit for damages for defamation. Correct answer.
  2. A suit challenging the validity of an election to a legislative body.
  3. A suit claiming a right to worship in a public temple as a matter of religious usage.
  4. A suit for restitution of conjugal rights.

Explanation

A suit for damages for defamation concerns a civil right of reputation and is of a civil nature. Suits involving purely political or electoral rights, or religious rites and ceremonies, fall outside Section 9.

Question 8Civil Procedure Code and Limitation Act

Under Section 15 of the Code of Civil Procedure, which court must a suit be instituted in?

  1. The court of the lowest grade competent to try it. Correct answer.
  2. The court chosen by the plaintiff in the plaint.
  3. The court within whose jurisdiction the defendant resides, irrespective of pecuniary value.
  4. The court of the highest grade having jurisdiction in the district.

Explanation

Section 15 directs that every suit shall be instituted in the court of the lowest grade competent to try it. This rule of convenience prevents overburdening superior courts.

Question 9Civil Procedure Code and Limitation Act

A decree is passed ex parte against a defendant who was duly served but did not appear. Within what period must he apply under Order IX Rule 13 to set aside the ex parte decree?

  1. One year from the date of the decree.
  2. Ninety days from the date of the decree.
  3. Thirty days from the date of the decree. Correct answer.
  4. Sixty days from the date of the decree.

Explanation

Article 123 of the Limitation Act prescribes thirty days from the date of the ex parte decree for an application to set it aside. The period runs from the date of the decree, not from knowledge of it.

Question 10Civil Procedure Code and Limitation Act

Under Section 11 of the Code of Civil Procedure, a finding on an issue operates as res judicata in a subsequent suit. Which of the following is not a condition for res judicata to apply?

  1. The former suit must have been decided by a court of competent jurisdiction.
  2. The parties must have litigated under the same title.
  3. The former decision must have been confirmed by the appellate court. Correct answer.
  4. The matter must be directly and substantially in issue in the former suit.

Explanation

Section 11 requires identity of parties, title, matter in issue and a competent court, and a final decision. There is no requirement that the decision be affirmed on appeal; even a decree under appeal can found res judicata.

Question 11Civil Procedure Code and Limitation Act

Which of the following is true about a reference under Section 113 of the Code of Civil Procedure?

  1. A subordinate court may refer a question of law to the High Court only where the question involves a substantial question of law as to the interpretation of the Constitution. Correct answer.
  2. A reference stays all further proceedings automatically in every case.
  3. A subordinate court may refer any question of law, whether or not it involves interpretation of the Constitution.
  4. A reference may be made only by the District Court and not by a court below it.

Explanation

Section 113, as amended, confines references to the High Court to substantial questions of law regarding the interpretation of the Constitution. Ordinary questions of law are decided by the court itself.

Question 12Civil Procedure Code and Limitation Act

Under Order XXXIX Rules 1 and 2, a temporary injunction may be granted where the object of the suit would be defeated or the defendant threatens to remove or dispose of his property to defraud creditors. What are the settled three tests for granting such an injunction?

  1. Admission by the defendant, prior decree and security deposit.
  2. Existence of a written contract, payment of court fee and notice to the defendant.
  3. Prima facie case, balance of convenience and irreparable injury. Correct answer.
  4. Proof beyond reasonable doubt, balance of convenience and costs.

Explanation

The Supreme Court has repeatedly held that a temporary injunction requires a prima facie case, the balance of convenience in favour of the applicant, and a likelihood of irreparable injury if relief is refused.

Question 13Civil Procedure Code and Limitation Act

A plaint is presented before the court. Under Order IV Rule 1, what is the essential requirement for institution of a suit?

  1. Service of notice on the defendant before presentation.
  2. Presentation of the plaint to the court or such officer as it appoints in that behalf. Correct answer.
  3. Payment of the entire decretal amount in advance.
  4. Filing of an affidavit of the plaintiff verifying the plaint.

Explanation

Order IV Rule 1 states that every suit shall be instituted by presenting a plaint to the court or such officer as it appoints. Verification is by endorsement under Order VI Rule 15, not by a separate affidavit.

Question 14Civil Procedure Code and Limitation Act

Under Section 96 of the Code of Civil Procedure, an appeal lies from every decree passed by a court exercising original jurisdiction, save as otherwise provided. Which of the following is true of an appeal against a decree passed with the consent of parties?

  1. It is not appealable, save on a ground of want of jurisdiction or fraud in obtaining the consent. Correct answer.
  2. It is appealable only with the leave of the District Judge.
  3. It is appealable on facts as well as law.
  4. It is maintainable on a question of law.

Explanation

Section 96(3) bars an appeal from a decree passed by the court with the consent of the parties. Such a decree may nevertheless be challenged where the consent was obtained by fraud or the court lacked jurisdiction.

Question 15Civil Procedure Code and Limitation Act

Under Order XLI Rule 5, an appeal does not operate as a stay of execution of the decree appealed from. When may the appellate court order stay of execution?

  1. Only when the decree-holder consents in writing.
  2. For sufficient cause, on such terms as it thinks fit, including security, and having regard to the value of the subject matter. Correct answer.
  3. Automatically, upon the filing of the memorandum of appeal.
  4. Only after the appeal is finally heard and allowed.

Explanation

Order XLI Rule 5 empowers the appellate court to stay execution for sufficient cause on such terms as it thinks fit, considering the value of the subject matter and the security offered. Filing an appeal does not by itself stay execution.

Question 16Civil Procedure Code and Limitation Act

Under Section 47 of the Code of Civil Procedure, questions relating to the execution, discharge or satisfaction of a decree are determined by the court executing the decree. Which of the following is a question arising in execution under Section 47?

  1. Whether the judgment-debtor has paid the decretal amount after the decree. Correct answer.
  2. Whether the plaintiff was competent to institute the suit originally.
  3. Whether the decree-holder has transferred the decree to another person.
  4. Whether the plaint disclosed a cause of action.

Explanation

Section 47 covers questions arising between the parties relating to the execution, discharge or satisfaction of the decree, such as payment of the decretal amount after the decree. Questions about the original suit's maintainability belong to the trial stage.

Question 17Civil Procedure Code and Limitation Act

Under Article 136 of the Limitation Act, 1963, what is the period of limitation for the execution of a decree or order of any civil court?

  1. One year from the date of the decree.
  2. Three years from the date of the decree.
  3. Twelve years from the date of the decree or order, or where the decree is for payment of money, from the date of default. Correct answer.
  4. Six years from the date of the decree.

Explanation

Article 136 fixes twelve years for execution of a decree or order, running from the date of the decree or, for a money decree, from the date of default. The period may be extended under Section 28 of the Limitation Act.

Question 18Civil Procedure Code and Limitation Act

A suit is filed against an order of a statutory authority. Under Section 9 of the Code of Civil Procedure, the jurisdiction of the civil court is barred where the statute creates a special tribunal with exclusive jurisdiction and provides a complete remedy. What is the settled test for such implied bar?

  1. The party must have already exhausted the remedy before the tribunal.
  2. The bar must be expressly stated in the statute in so many words.
  3. The statute must create a special right and provide a forum for its enforcement, indicating that the civil court's jurisdiction is excluded. Correct answer.
  4. The tribunal must have been constituted under a State Act only.

Explanation

The Supreme Court has held that an implied bar arises where a statute creates a special right or liability and provides a forum for its determination, showing that the jurisdiction of civil courts is meant to be excluded. An express bar is not necessary.

Question 19Civil Procedure Code and Limitation Act

Under Order XXVI Rule 9, a court may issue a commission to make a local investigation. In which situation is a local investigation commission ordinarily appropriate?

  1. To record the evidence of a witness who is about to leave the country.
  2. To execute the decree by delivering possession to the decree-holder.
  3. To elucidate a matter in dispute requiring local investigation, such as measurement of land or the value of property. Correct answer.
  4. To examine the accounts maintained by the defendant's accountant.

Explanation

Order XXVI Rule 9 permits a commission for local investigation to elucidate any matter in dispute, such as boundaries, measurements or the value of property. It is not a substitute for recording evidence of witnesses.

Question 20Civil Procedure Code and Limitation Act

Under Order XXXII, a suit by a minor must be instituted by a next friend. Who may act as next friend of a minor plaintiff?

  1. Only the natural guardian of the minor.
  2. Only a person appointed by the District Judge on an application.
  3. Any person who is of the same religion as the minor.
  4. Any person who is of sound mind and has attained majority, provided his interest is not adverse to that of the minor. Correct answer.

Explanation

Order XXXII Rule 1 read with Rule 4 permits any person of sound mind who has attained majority to act as next friend, so long as his interest is not adverse to that of the minor. A natural guardian is common but not the only permissible person.

Question 21Civil Procedure Code and Limitation Act

Under Section 34 of the Code of Civil Procedure, a court may award interest on the principal sum adjudged from the date of the suit to the date of the decree. What is the maximum rate of such interest that the court may award?

  1. Twelve per cent per annum.
  2. Six per cent per annum.
  3. The rate is at the court's discretion, subject to the ceiling fixed by the proviso to Section 34. Correct answer.
  4. Eighteen per cent per annum.

Explanation

Section 34 allows the court, in its discretion, to award interest at such rate as it deems reasonable, subject to the ceiling fixed by the proviso where the liability arises from a written instrument. The court is not tied to a fixed statutory rate.

Question 22Civil Procedure Code and Limitation Act

Under Order XXXVIII Rule 5, before judgment, the court may attach the defendant's property where the defendant is about to dispose of it with intent to obstruct or delay execution. What must the plaintiff ordinarily establish?

  1. That the defendant has failed to appear in the suit.
  2. That the defendant has already been declared insolvent.
  3. That the defendant, with intent to obstruct or delay execution, is about to dispose of or remove the property from the local limits of the court's jurisdiction. Correct answer.
  4. That the plaintiff has obtained a decree in another suit against the same defendant.

Explanation

Order XXXVIII Rule 5 requires the plaintiff to satisfy the court that the defendant, with intent to obstruct or delay execution of any decree that may be passed, is about to dispose of or remove the property. The court may then order attachment before judgment.

Question 23Civil Procedure Code and Limitation Act

Under Section 100 of the Code of Civil Procedure, a second appeal lies to the High Court from a decree passed in appeal by any court subordinate to it. On what ground may it be admitted?

  1. Only where the case involves a substantial question of law. Correct answer.
  2. On any ground of fact or law.
  3. Only where the amount involved exceeds the pecuniary jurisdiction of the District Court.
  4. Only on the ground of misappreciation of evidence.

Explanation

Section 100 restricts second appeals to cases involving a substantial question of law, which must be formulated at the time of admission. Pure questions of fact and misappreciation of evidence cannot found a second appeal.

Question 24Civil Procedure Code and Limitation Act

Under Order XXI Rule 90, an application to set aside a sale in execution of a decree on the ground of material irregularity or fraud in publishing or conducting the sale must be made within what period?

  1. Ninety days from the date of the sale.
  2. One year from the date of the sale.
  3. Thirty days from the date of the sale.
  4. Sixty days from the date of the sale. Correct answer.

Explanation

Article 127 of the Limitation Act prescribes sixty days from the date of the sale for an application under Order XXI Rule 90 to set aside a sale on the ground of irregularity or fraud.

Question 25Civil Procedure Code and Limitation Act

Under Section 80 of the Code of Civil Procedure, no suit shall be instituted against the Government or a public officer in respect of any act purporting to be done in his official capacity until two months' notice has been delivered. Which statement about the notice is correct?

  1. The notice must be delivered at the office of the Government or the public officer and must state the cause of action, but a formal legal notice is not essential. Correct answer.
  2. The notice must be in the form of a legal document and must state the exact relief claimed.
  3. No notice is required where the relief claimed is a declaration only.
  4. The notice may be given after the institution of the suit but before service of summons.

Explanation

Section 80 requires delivery of a notice stating the cause of action and the relief sought; the section itself does not require any particular form. The requirement applies to suits against the Government or a public officer for acts done in an official capacity.

Question 26Civil Procedure Code and Limitation Act

A defendant appears in a suit and, before filing a written statement, applies for an adjournment to engage counsel and also seeks time to file a counterclaim. Which provision of the Code of Civil Procedure governs the filing of the written statement and the outer limit for the court's power to extend time?

  1. Order VIII Rule 1 read with the proviso, which fixes thirty days from service of summons and permits extension up to ninety days in exceptional cases Correct answer.
  2. Order VII Rule 11, which governs rejection of the plaint for non-disclosure of a cause of action
  3. Order IX Rule 7, which governs restoration of a suit dismissed for default of the defendant
  4. Order VI Rule 17, which governs amendment of pleadings at any stage of the proceedings

Explanation

Order VIII Rule 1 requires the defendant to present a written statement of defence within thirty days from the date of service of summons, and the proviso allows the court to extend that period, but not beyond ninety days from the date of service, save in exceptional circumstances. Order VI Rule 17 deals with amendment of pleadings and has no bearing on the initial filing of a defence.

Question 27Civil Procedure Code and Limitation Act

A suit for declaration and injunction is instituted in the Court of the Munsiff. The defendant raises a counterclaim exceeding the pecuniary jurisdiction of that court. How should the court deal with the counterclaim under the Code of Civil Procedure?

  1. The court may entertain the counterclaim only with the written consent of the plaintiff
  2. The court must reject the counterclaim outright as being beyond its pecuniary jurisdiction
  3. The court may exclude the counterclaim from consideration and try the suit alone, leaving the defendant to a separate suit Correct answer.
  4. The court must transfer the entire suit along with the counterclaim to the court having pecuniary jurisdiction

Explanation

Under Order VIII Rule 6A and the decisions on its operation, a counterclaim is treated as a plaint in a cross-suit, but where it exceeds the pecuniary jurisdiction of the court trying the original suit, that court may exclude the counterclaim and proceed with the suit, leaving the defendant to pursue the claim separately. The court is not obliged to transfer the whole suit, nor is the plaintiff's consent a condition for entertaining a counterclaim.

Question 28Civil Procedure Code and Limitation Act

A plaintiff obtains a money decree. While the decree is under execution, the judgment-debtor dies and the decree-holder applies to execute the decree against the legal representatives of the deceased, who are in possession of the deceased's property. Which statement correctly states the position under the Code of Civil Procedure?

  1. Execution may proceed against the legal representatives personally to the full extent of the decretal amount, irrespective of the assets inherited
  2. Execution may proceed only if the legal representatives were already impleaded before the decree was passed
  3. Execution may proceed against the legal representatives only to the extent of the property of the deceased that has come to their hands Correct answer.
  4. Execution cannot proceed against legal representatives at all, since the decree was passed against the deceased personally

Explanation

Section 50 of the Code of Civil Procedure permits execution of a decree against the legal representatives of a deceased judgment-debtor, but Section 52 limits their liability to the extent of the property of the deceased that has come to their hands. They cannot be made personally liable beyond the assets received, since they are not parties to the original adjudication.

Question 29Indian Penal Code / Bharatiya Nyaya Sanhita

Under the Bharatiya Nyaya Sanhita, 2023, the general definition of 'offence' is contained in which provision?

  1. Section 44
  2. Section 358
  3. Section 1(2)
  4. Section 2(1) Correct answer.

Explanation

Section 2(1) of the BNS defines 'offence' as an act or omission made punishable by any law for the time being in force. Section 1 deals with the short title, commencement and application of the Sanhita. The definition clause is therefore the correct repository for the general concept.

Question 30Indian Penal Code / Bharatiya Nyaya Sanhita

The Bharatiya Nyaya Sanhita, 2023 replaced which pre-existing criminal code in India?

  1. The Indian Penal Code, 1860 Correct answer.
  2. The Code of Criminal Procedure, 1973
  3. The Indian Evidence Act, 1872
  4. The Prevention of Corruption Act, 1988

Explanation

The BNS is the substantive criminal law statute that replaced the Indian Penal Code, 1860 with effect from 1 July 2024. The Code of Criminal Procedure was replaced by the Bharatiya Nagarik Suraksha Sanhita and the Evidence Act by the Bharatiya Sakshya Adhiniyam. The question tests the mapping of the new statutes to their predecessors.

Question 31Indian Penal Code / Bharatiya Nyaya Sanhita

Under the BNS, the maximum period of imprisonment that may be imposed for an offence where no punishment is expressly provided in the Sanhita is:

  1. Two years
  2. Three months
  3. One year
  4. Six months Correct answer.

Explanation

The residuary punishment clause in the BNS provides that where no punishment is expressly provided for an offence, the offender may be punished with imprisonment of either description for a term which may extend to six months, or with fine, or with both. This mirrors the earlier residuary clause of the Indian Penal Code. It applies only where the Sanhita itself creates the offence without prescribing a punishment.

Question 32Indian Penal Code / Bharatiya Nyaya Sanhita

A person is accused of committing an act with the intention of causing the death of another but the victim survives. Which doctrine determines his liability under the BNS?

  1. The doctrine of res judicata
  2. The doctrine of transferred malice Correct answer.
  3. The doctrine of autrefois acquit
  4. The doctrine of necessity

Explanation

Where the accused intends to cause harm to one person but the act actually injures another, the intention is transferred to the actual victim under the doctrine of transferred malice. This principle is reflected in the BNS provisions on causing hurt or death by mistake directed at a different person. The accused's mental state is not diluted merely because the blow fell on the wrong person.

Question 33Indian Penal Code / Bharatiya Nyaya Sanhita

Under the BNS, culpable homicide is murder if the act by which death is caused is done with the intention of causing death, unless the case falls within one of the statutory exceptions. Which of the following is one of those exceptions?

  1. The offender concealed the body after the act
  2. The offender used a deadly weapon
  3. The offender acted in a sudden fight without premeditation Correct answer.
  4. The offender acted with premeditation

Explanation

The statutory exceptions to murder include a sudden fight in the heat of passion upon a sudden quarrel without the offender having taken undue advantage or acted in a cruel or unusual manner. Such a killing is culpable homicide not amounting to murder. The presence of a deadly weapon or premeditation aggravates rather than excuses the offence.

Question 34Indian Penal Code / Bharatiya Nyaya Sanhita

Which of the following is the correct description of 'grievous hurt' under the BNS?

  1. Any hurt caused by a sharp weapon
  2. Any hurt inflicted in a public place
  3. Any hurt that endangers life or causes permanent loss of sight or hearing Correct answer.
  4. Any hurt that causes pain lasting more than two days

Explanation

Grievous hurt is defined by an exhaustive list of serious injuries, including hurt that endangers life or causes permanent loss of sight or hearing, deprivation of a limb, or fracture. The gravity of the injury, not the weapon used or the place of occurrence, determines the classification. Simple pain or short duration of discomfort does not suffice.

Question 35Indian Penal Code / Bharatiya Nyaya Sanhita

Under the BNS, theft is committed when movable property is dishonestly taken out of the possession of another without that person's consent. Which ingredient is essential to constitute theft?

  1. The property must be of substantial value
  2. The property must be moved from the place where it was kept Correct answer.
  3. The owner must be physically present
  4. The taking must occur at night

Explanation

The essence of theft is the dishonest moving of movable property from the possession of another without consent. The slightest removal suffices, and value, time of day and presence of the owner are immaterial. Without the physical moving of the property, the offence is not complete.

Question 36Indian Penal Code / Bharatiya Nyaya Sanhita

A person obtains a valuable security by deceiving another and thereby dishonestly induces the delivery of property. Under the BNS, which offence is committed?

  1. Cheating Correct answer.
  2. Extortion
  3. Criminal breach of trust
  4. Robbery

Explanation

Cheating consists in deceiving a person and thereby fraudulently or dishonestly inducing that person to deliver property or to do or omit to do something. The deception and the consequent inducement are the defining elements. Where property is entrusted and then dishonestly misappropriated, the offence is criminal breach of trust rather than cheating.

Question 37Indian Penal Code / Bharatiya Nyaya Sanhita

Which of the following best distinguishes criminal breach of trust from cheating under the BNS?

  1. Breach of trust requires the property to be immovable
  2. Breach of trust requires the use of force
  3. Breach of trust involves entrustment of property and its dishonest misappropriation Correct answer.
  4. Breach of trust requires deception of the owner

Explanation

Criminal breach of trust presupposes a fiduciary entrustment of property which the accused then dishonestly misappropriates, converts or disposes of in violation of the trust. Cheating, by contrast, is founded on deception inducing delivery of property. The presence or absence of entrustment is the decisive dividing line.

Question 38Indian Penal Code / Bharatiya Nyaya Sanhita

Under the BNS, the offence of extortion is complete when the offender:

  1. Misappropriates entrusted property
  2. Enters a house with intent to commit theft
  3. Takes property without the owner's knowledge
  4. Intentionally puts a person in fear of injury and thereby dishonestly obtains property Correct answer.

Explanation

Extortion requires the intentional putting of a person in fear of injury, coupled with the dishonest inducement of that person to deliver property. The fear must be of injury to the person or to another, and it must operate to obtain the property. Taking property stealthily without any fear being induced is theft, not extortion.

Question 39Indian Penal Code / Bharatiya Nyaya Sanhita

A commits theft of a mobile phone. When the owner catches him, A threatens to stab him and escapes with the phone. What offence has A committed under the BNS?

  1. Extortion only
  2. Robbery Correct answer.
  3. Theft only
  4. Criminal intimidation only

Explanation

When theft is accompanied by the offender voluntarily causing or attempting to cause fear of instant death, hurt or wrongful restraint in order to commit the theft or to escape with the property, the offence becomes robbery. The original theft is aggravated into robbery by the use of fear at the time of carrying away the property. Theft alone does not capture the threat used to retain the property.

Question 40Indian Penal Code / Bharatiya Nyaya Sanhita

Five persons conjointly commit robbery. Under the BNS, the offence is:

  1. Robbery
  2. Criminal trespass
  3. Dacoity Correct answer.
  4. Extortion

Explanation

When five or more persons conjointly commit or attempt to commit robbery, the offence is dacoity. The distinguishing feature of dacoity is the number of participants, not the value of the property or the place of occurrence. Fewer than five participants leaves the offence as robbery.

Question 41Indian Penal Code / Bharatiya Nyaya Sanhita

Under the BNS, criminal trespass is committed when a person enters into or remains upon property:

  1. Without any intention whatsoever
  2. With intent to commit an offence or to intimidate, insult or annoy the person in possession Correct answer.
  3. Only if the property belongs to the State
  4. Only after sunset

Explanation

Criminal trespass requires an entry upon property in the possession of another with one of the specified intents, namely to commit an offence or to intimidate, insult or annoy any person in possession. Mere innocent entry is not an offence. The intent accompanying the entry is the essential element.

Question 42Indian Penal Code / Bharatiya Nyaya Sanhita

Which of the following is a recognised general exception that excludes criminal liability under the BNS?

  1. An act done in pursuance of a conspiracy
  2. An act done with the intention of causing hurt
  3. An act done after preparation to commit an offence
  4. An act done by a person of unsound mind who is incapable of knowing the nature of the act Correct answer.

Explanation

The BNS recognises unsoundness of mind as a general exception: an act done by a person who, at the time of doing it, is by reason of unsoundness of mind incapable of knowing the nature of the act or that it is wrong or contrary to law is not an offence. The defence rests on the cognitive incapacity at the material time. Mere eccentricity or partial impairment does not suffice.

Question 43Indian Penal Code / Bharatiya Nyaya Sanhita

Under the BNS, the right of private defence of the body extends to the voluntary causing of death when the assault is:

  1. An assault on reputation
  2. An assault that may reasonably cause the apprehension of death or of grievous hurt Correct answer.
  3. An assault by words alone
  4. An assault that causes simple hurt

Explanation

The right of private defence of the body extends to causing death where the assault reasonably causes apprehension of death or of grievous hurt, or where the assault is with the intention of committing rape or certain other grave offences. The apprehension must be reasonable and the force used proportionate. Simple hurt or verbal abuse does not justify such extreme force.

Question 44Indian Penal Code / Bharatiya Nyaya Sanhita

A person who abets the commission of an offence but the offence is not committed is liable under the BNS:

  1. Only if the principal offender is convicted
  2. Not at all, since no offence was completed
  3. Only for conspiracy
  4. For the abetment itself, if the act abetted is one for which the abettor would be punishable Correct answer.

Explanation

Abetment is itself an offence where the act abetted is one which the abettor could be punished for, even if the principal offence is not ultimately committed. The liability of the abettor is independent of the conviction of the principal offender. This ensures that instigation of a crime does not escape sanction merely because the crime failed.

Question 45Indian Penal Code / Bharatiya Nyaya Sanhita

Under the BNS, criminal conspiracy is established when two or more persons agree to do an illegal act or an act which is not illegal by illegal means. Which of the following is true of the agreement?

  1. The agreement itself is an offence, and no overt act is required if the object is an offence Correct answer.
  2. The agreement must be in writing
  3. The agreement must be registered with the police
  4. The agreement must be proved by direct evidence only

Explanation

Criminal conspiracy is complete upon the agreement to commit an offence, and no overt act need be proved where the object agreed upon is itself an offence. Where the object is not an offence but is to be achieved by illegal means, an overt act may be required. The agreement is usually inferred from circumstantial evidence, and no writing or registration is needed.

Question 46Indian Penal Code / Bharatiya Nyaya Sanhita

Which of the following is the correct statement regarding the offence of criminal intimidation under the BNS?

  1. It requires the threat to be made in the presence of the victim
  2. It requires a threat of injury to the person, reputation or property with intent to cause alarm or to compel an act Correct answer.
  3. It requires the threat to be in writing
  4. It requires actual physical injury

Explanation

Criminal intimidation consists in threatening another with injury to his person, reputation or property, or to the person or reputation of anyone in whom he is interested, with intent to cause alarm or to compel him to do or abstain from doing an act. Actual injury is unnecessary, and the threat may be conveyed in any manner. The essence is the intentional threat and its purpose.

Question 47Indian Penal Code / Bharatiya Nyaya Sanhita

Under the BNS, which of the following is an essential ingredient of the offence of forgery?

  1. Making a false statement in a private conversation
  2. Using a genuine document for an improper purpose
  3. Altering a document with the owner's consent
  4. Making a false document with intent to cause damage or injury or to support a claim Correct answer.

Explanation

Forgery requires the making of a false document with one of the specified intents, such as causing damage or injury to the public or any person, or supporting any claim or title. The document must be false in the sense of being made dishonestly or fraudulently. A genuine document used for an improper purpose, or an alteration with consent, does not amount to forgery.

Question 48Indian Penal Code / Bharatiya Nyaya Sanhita

Under the BNS, the offence of defamation is committed by:

  1. Making a statement that is true and published in good faith
  2. Publishing an imputation that is true and concerns a matter of public good
  3. Publishing an imputation concerning a person with intent to harm his reputation Correct answer.
  4. Expressing a private opinion to a friend

Explanation

Defamation consists in making or publishing an imputation concerning a person with the intention of harming, or with knowledge or reason to believe that it will harm, that person's reputation. Truth published for the public good is a recognised exception. Publication to a third party is essential, and a private expression of opinion without publication does not suffice.

Question 49Indian Penal Code / Bharatiya Nyaya Sanhita

Under the BNS, the offence of adultery as it existed under the Indian Penal Code has been:

  1. Omitted, following the Supreme Court's declaration of its unconstitutionality Correct answer.
  2. Retained without change
  3. Shifted to the civil courts
  4. Made punishable with death

Explanation

The BNS does not retain the erstwhile offence of adultery, which the Supreme Court had already struck down as unconstitutional in Joseph Shine v. Union of India. The provision is therefore absent from the new Sanhita. This reflects the legislative acknowledgment of that judicial declaration.

Question 50Indian Penal Code / Bharatiya Nyaya Sanhita

A public servant accepts a gratification other than legal remuneration as a motive for doing an official act. Under the BNS, this conduct is primarily dealt with as:

  1. Cheating
  2. Criminal breach of trust
  3. Extortion
  4. An offence of bribery by a public servant Correct answer.

Explanation

The BNS contains specific provisions penalising a public servant who accepts or obtains a gratification, other than legal remuneration, as a motive or reward for doing or forbearing to do an official act. This is the offence of bribery. Where the property is entrusted and misappropriated, a charge of criminal breach of trust may also arise, but bribery is the direct classification of the acceptance of illegal gratification.