Definitions MCQ Quiz in বাংলা - Objective Question with Answer for Definitions - বিনামূল্যে ডাউনলোড করুন [PDF]

The correct option is Complaint.

Key Points

• Complaint:-
  • Section 2 (d) of the Code of Criminal Procedure defines the word " Complaint".
  • According to section 2 (d) of the code "Any allegation made orally or in writing to a Magistrate with a view to his taking action under the Code of Criminal Procedure that some person whether known or unknown has committed an offence but it does not include a police report".
  • To make a complaint there must be an allegation made with a view to the recipient taking action under the Code, charging some person with a particular offence.
  • A mere presentation of a petition to a Magistrate to enable him to take administrative action is not a complaint.
  • It must be presented to him with a view to his taking action under the Criminal Procedure Code.
  • A complaint need not necessarily be made by the person aggrieved but may be made by any person aware of the offence.
  • Essentials of the valid complaint:-
    • An allegation must be made to a Magistrate and not to a judge.
      • Example:- A police officer is not a Magistrate and as such a petition or information sent to him is not a complaint.
    • An allegation must be made with a view to the Magistrates taking action under the Code.
      • ​​​​​Example:- A mere statement to a Magistrate by way of information without any intention of asking him to take action is not a complaint. 
    • An allegation must be that an offence has been committed.
    • A particular offence does not need to be stated:
      • Only the allegation of fact must constitute an offence.
      • The mention of a wrong section does not vitiate the character of a complaint.
      • The complaint need not specify any offender or even the section of the law which makes the act or omission punishable.
    • The allegation must be made orally or in writing.
  • It need not set out all the facts on which the accused is to be charged but must contain a statement of facts relied on as constituting the offence in ordinary and concise language admitting of no ambiguity.
  • A complaint need not necessarily be made by the person injured but may be made by any person aware of the offence.
  • In case of the defiance of general law, any person whether he has suffered any particular injury or not has a right to complain.
  • The court will therefore take cognizance of the complaint.

The correct answer is Both (A) and (C).

Key Points

• After the submission of the draft of the Indian Penal Code in 1837, the draft Code was reviewed by Sri Barnes Peacock and Sir. J. W. Colvile.
• Indian Penal Code
  • The Indian Penal Code (IPC) is the official criminal code of India.
  • It is a comprehensive code intended to cover all substantive aspects of criminal law.
  • The code was drafted on the recommendations of first law commission of India established in 1834 under the Charter Act of 1833 under the Chairmanship of Lord Thomas Babington Macaulay.
  • It came into force in British India during the early British Raj period in 1862. However, it did not apply automatically in the Princely states, which had their own courts and legal systems until the 1940s.
  • The Code has since been amended several times and is now supplemented by other criminal provisions.

Additional Information

• Sir George Barnes Peacock
  • He was an English barrister and judge who served as the first Chief Justice of the Calcutta High Court in India and the final Chief Justice of the Supreme Court of Judicature at Fort William.
  • In 1852, he came to India as a legal member of the Governor General's Council.
• Sir James William Colvile was a British lawyer, civil servant and then judge in India, and a judge on the Judicial Committee of the Privy Council, the court of last resort for the British colonies.

Key Points

• According to Section 11 of the IPC, the term “person” includes any company or association or body of persons, whether incorporated or not.
• This definition is significant as it clarifies that the provisions of the IPC apply not only to individuals but also to other entities like companies and associations.
• The definition of “person” is wide-ranging and comprehensive, covering both incorporated and unincorporated entities.

The correct answer is Option 2.

Key PointsIn Parichhat v. State of M.P., 1972 it was observed by the Supreme court that Section 34 will not be attracted unless first it is established that: 

• Criminal act was done by several persons 
• There was a common intention 
• pre-arranged plan to commit an offence 
• There was participation in the commission of the offence in furtherance of the common intention. 

About the Section 34 of the IPC:

• Section 34 IPC states the acts done by several persons in furtherance of common intention.
• The Section explains that “When a criminal act is done by several persons in furtherance of the common intention of all, each of such persons shall be liable for that act in the same manner as if it were done by him alone".
• This provision, which creates ‘joint culpability’ for an act, deviates from a basic concept of criminal law, which states that a person is only responsible for crimes committed by himself and not for the actions of others.
• Section 34 does not state a specific offence. It only lays down the rule of evidence that if two or more persons commit a crime in order of common intention, each of them will be held jointly liable. 
• The punishment for this offence will be consistent with the crime they committed. For example, if the offence of murder has been committed in furtherance of a common purpose, each one of them will be held liable under Section 302 and Section 34 of the Indian Penal Code, 1860.  

The correct answer is Motive

Key Points

• To hold a person criminally liable, two essential elements—called “sine qua non” (i.e., indispensable conditions)—are required:
  • Actus Reus (Latin for “guilty act”):
  • The physical component of a crime.
• Example: Hitting someone, stealing, etc.
• Mens Rea (Latin for “guilty mind”):
  • The mental element or intent to commit the crime.
  • Example: Intentionally hitting someone.

• Motive – Not a sine qua non:

  • Motive refers to the reason why a person commits a crime.
  • It helps explain the offender’s mindset but is not essential to prove criminal liability.
  • A person can be held guilty even without proving motive, if Actus Reus and Mens Rea are clearly established.

• Example:
  If A stabs B intentionally (Actus Reus + Mens Rea), A can be held criminally liable even if the motive is unknown or absent.

Additional Information

• Option 1. Actus Reus – Wrong: It is essential for criminal liability.
• Option 2. Mens Rea – Wrong: It is essential to prove the intent behind the act.
• Option 4. All the above – Wrong: Only motive is not essential; the others are.

The correct answer is 'Sec. 19 of the Indian Penal Code (I.P.C.)'

Key Points

• Definition of 'Judge' under Sec. 19:
  • Section 19 of the Indian Penal Code, 1860, defines the term 'Judge'.
  • According to this section, the term 'Judge' denotes not only every person who is officially designated as a Judge but also every person who is empowered by law to give, in any legal proceeding, civil or criminal, a definitive judgment.
  • This includes persons authorized to give a final judgment in cases that can be appealed to higher courts.

Additional Information

• Other Sections (Incorrect Options):
  • Sec. 18: This section defines the term 'India'. It specifies the geographical boundaries of India for the purposes of the IPC.
  • Sec. 17: This section defines the term 'Government'. It explains the distinction between the 'Government of India' and the 'Government of a State'.
  • Sec. 20: This section defines the term 'Court of Justice'. It indicates any Judge who is empowered by law to act judicially alone or in a body of judges.

The correct answer is ‘a male human being of any age’ as per Section 10 of the Indian Penal Code.

Key Points

• Section 10 of the Indian Penal Code:
  • Section 10 of the Indian Penal Code (IPC) defines the term "man" in the context of legal provisions.
  • The definition is crucial for interpreting various sections of the IPC that refer to "man" and ensuring legal clarity.
  • According to Section 10, the word "man" denotes a male human being of any age.
  • This inclusive definition ensures that all male individuals, regardless of age, are covered under the legal provisions where the term "man" is used.

Additional Information

• Incorrect Options:
  • Option 1: A male human being aged above 16 years.
    • This option incorrectly limits the definition to males above the age of 16, excluding younger males.
  • Option 2: A male human being aged above 18 years.
    • Similarly, this option restricts the definition to males above 18 years, which is not accurate as per IPC.
  • Option 3: A male human being aged above 21 years.
    • This option is also incorrect as it excludes males below the age of 21, unlike the IPC's inclusive definition.

The correct answer is 'for act done in furtherance of common intention under Section 34 of the Indian Penal Code.'

Key Points

• Section 34 of the Indian Penal Code:
  • Section 34 deals with acts done by several persons in furtherance of a common intention.
  • When a criminal act is done by several persons in furtherance of the common intention of all, each of such persons is liable for that act as if it were done by him alone.
  • This means that even if a person (C) was not present at the scene of the crime, if it can be proved that the crime was committed in furtherance of the common intention shared by him and others, he can be prosecuted.

Additional Information

• Section 120A to 120B of the Indian Penal Code:
  • These sections pertain to criminal conspiracy.
  • Section 120A defines criminal conspiracy, and Section 120B lays down the punishment for conspiracy.
  • While these sections could be relevant if there is proof of a conspiracy, they are not specific to the concept of common intention.
• Section 141 to 149 of the Indian Penal Code:
  • These sections deal with unlawful assembly and the related offenses.
  • Section 141 defines unlawful assembly, and Sections 142-149 provide for the punishment and consequences of being a member of such an assembly.
  • These sections are not directly relevant to a situation where the crime is committed in furtherance of common intention without the presence of one of the parties at the scene.
• Vicarious liability:
  • Vicarious liability generally refers to a situation where someone is held responsible for the actions or omissions of another person.
  • In the context of the IPC, vicarious liability would require a specific legal relationship, which is not necessarily covered under Section 34.
  • Awareness of the likelihood of an offense being committed does not automatically establish vicarious liability under the IPC.

The correct answer is Dishonestly

Key Points

• As per Section 24 of the Indian Penal Code (IPC), 1860, a person is said to act "dishonestly" if they act with the intention of:
  • Causing wrongful gain to one person, or
  • Causing wrongful loss to another person.
• Key Elements of Dishonesty:
  • There must be an intention to cause wrongful gain or wrongful loss.
    • Wrongful Gain: When a person acquires something unlawfully that they are not legally entitled to.
    • Wrongful Loss: When a person is unlawfully deprived of something they are legally entitled to.
  • The act itself may or may not involve deception (deception is necessary for fraud but not always for dishonesty).
  • The act should be unlawful, meaning it is not justified by law.