Definitions MCQ Quiz - Objective Question with Answer for Definitions - Download Free PDF

The correct answer is The right or ability to bring a legal action to a court of law, or to appear in a court.

Key Points

• Locus Standi is a Latin term meaning "place to stand."
• In law, it refers to the right or ability to bring a legal action to a court of law, or to appear in a court.
• The concept ensures that the party filing the lawsuit has a sufficient connection to and harm from the law or action challenged.
• This principle is used to prevent individuals with no interest in the matter from bringing lawsuits.
• Locus Standi is a fundamental concept in ensuring that only affected parties can seek judicial redress.

Additional Information

• Standing in Constitutional Law:
  • In constitutional law, standing refers to the ability of a party to demonstrate to the court sufficient connection to and harm from the law or action challenged to support that party's participation in the case.
• Public Interest Litigation (PIL):
  • In many jurisdictions, the concept of Locus Standi has been expanded through Public Interest Litigation, allowing individuals or organizations to file cases on behalf of those who are unable to do so.
• Judicial Review:
  • Judicial review is the power of courts to assess whether a law or executive action is in compliance with the constitution. The concept of Locus Standi is crucial in determining who can challenge a law or action.
• Case Law Examples:
  • Important case laws often illustrate the application of Locus Standi, such as the famous U.S. case Sierra Club v. Morton, which dealt with the standing of environmental organizations.
• Comparative Law:
  • The concept of standing varies significantly across different legal systems, reflecting diverse judicial philosophies and procedural requirements.

The correct answer is Law holds no person responsible for the Act of God.

Key Points

• The Latin phrase "Actus Dei Nemini Facit Injuriam" translates to "The act of God does injury to no one."
• In legal terms, it means that no one is held liable for damages or losses caused by natural events beyond human control, often referred to as "Acts of God."
• Acts of God include natural disasters such as earthquakes, floods, hurricanes, and similar events that cannot be prevented by human intervention.
• This principle is commonly invoked in contract law to relieve parties from liability or obligation when performance is hindered or prevented by such unavoidable events.
• The doctrine underscores the fairness in not holding individuals or entities accountable for occurrences that are out of their control and unforeseeable.

Additional Information

• Force Majeure
  • A clause commonly included in contracts to absolve parties from liability when extraordinary events or circumstances beyond their control prevent them from fulfilling their contractual obligations.
  • Examples include war, strikes, natural disasters, and epidemics.
  • Force majeure is broader than "Act of God" as it includes both natural and human-made events.
• Negligence
  • The failure to exercise the care that a reasonably prudent person would exercise in like circumstances.
  • Negligence is a key factor in determining liability in many civil lawsuits.
  • Acts of God are often used as a defense to negate negligence claims.
• Strict Liability
  • A legal doctrine that makes an individual or entity responsible for their actions or products without the plaintiff having to prove fault or negligence.
  • In cases of strict liability, Acts of God can sometimes be used to limit or avoid liability.
• Insurance Policies
  • Many insurance policies include clauses that cover or exclude Acts of God.
  • Policyholders should review their insurance agreements to understand their coverage related to natural disasters.

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 option is Option 4.

Key Points

• Section 21: Meaning Of "Public Servant".
• Section 21 states that - the word "PUBLIC SERVANT" denotes the person falling under any of the following categories:-
  • Any officer commissioned under the Military, Naval, and Air forces of the country.
  • Any judge or designated person who is lawfully empowered to discharge any adjudicatory functions, whether by himself or as a member of the bodies of the persons.
  • Any officer of a court of justice whose duty is to investigate any matter of law or to report the matter. The officer who is allowed to keep the record of the matter, or to take the charge to dispose of any property to execute any judicial process or who can administrate any oath-taking, or preserve any order of the court, any person who is appointed by the court with the authority to perform these duties.
  • Every juryman, assessor, or member of the panchayat assists the court of justice or the public servant.
  • Every arbitrator who is appointed by the court for any matter that has been referred for the decision, or any other person competent public authority.
  • Any person who is authorized to hold any office by the virtue of which he is empowered to place or keep any person in confinement.
  • Any officer whose duty is to prevent any offences or to report the offence, to bring the offenders to justice, and to protect the public their well-being and safety.
  • Every officer whose duty is to take, receive, or keep to expand the property on behalf of the government, or to make any survey or assessment or contact, or to execute any revenue process or to investigate or to report, on any matter affecting the pecuniary interests of the Government, or to prevent the infraction of any law for the protection of any pecuniary interest of the government.
  • Any officer whose duty is to take, receive, or keep to expand the property, to make any survey or assessment, or to levy the tax on the secular common purpose of any village, town, or district.
  • Every person who holds the office under the virtue of the power to prepare and publish, maintain and revise an electoral roll or to conduct the election.
    • Any person in the service or pay of the Government remunerated by fees or commission for the performance of any public duty by the Government.
    • Any person in the service or pay of a local authority, or a corporation which is under a Central or State or as explained or defined in section 617 of the Companies Act, 1956 (1 of 1956).
• Case:-
  • GHULAM RABBANI V. STATE OF ASSAM
    • ​The Guwahati High Court held that the Branch Manager of a State Warehousing Corporation is not a public servant as the State Warehousing Corporation is not a statutory body as it had not been created by any statute.
  • NATIONAL SMALL INDUSTRIES CORPORATION LIMITED V. STATE
    • ​It was held by the Supreme Court that a Government company is not a public servant but every employee of such a company is.
  • STATE THROUGH CBI V. O.P. DOGRA [AIR 1986]
    • ​Held that as far as the Life Insurance Corporation (LIC), employees of the said Corporation came under the definition of public servant.

The correct answer is Law holds no person responsible for the Act of God.

Key Points

• The Latin phrase "Actus Dei Nemini Facit Injuriam" translates to "The act of God does injury to no one."
• In legal terms, it means that no one is held liable for damages or losses caused by natural events beyond human control, often referred to as "Acts of God."
• Acts of God include natural disasters such as earthquakes, floods, hurricanes, and similar events that cannot be prevented by human intervention.
• This principle is commonly invoked in contract law to relieve parties from liability or obligation when performance is hindered or prevented by such unavoidable events.
• The doctrine underscores the fairness in not holding individuals or entities accountable for occurrences that are out of their control and unforeseeable.

Additional Information

• Force Majeure
  • A clause commonly included in contracts to absolve parties from liability when extraordinary events or circumstances beyond their control prevent them from fulfilling their contractual obligations.
  • Examples include war, strikes, natural disasters, and epidemics.
  • Force majeure is broader than "Act of God" as it includes both natural and human-made events.
• Negligence
  • The failure to exercise the care that a reasonably prudent person would exercise in like circumstances.
  • Negligence is a key factor in determining liability in many civil lawsuits.
  • Acts of God are often used as a defense to negate negligence claims.
• Strict Liability
  • A legal doctrine that makes an individual or entity responsible for their actions or products without the plaintiff having to prove fault or negligence.
  • In cases of strict liability, Acts of God can sometimes be used to limit or avoid liability.
• Insurance Policies
  • Many insurance policies include clauses that cover or exclude Acts of God.
  • Policyholders should review their insurance agreements to understand their coverage related to natural disasters.

The correct answer is option 3.Key Points

• Section 8 of Indian Penal Code 1860 deals with Gender.
• It says the pronoun “he” and its derivatives are used of any person, whether male or female. 
• This provision ensures that the language used in the IPC is gender-neutral, thereby applying equally to individuals of all genders.
• It reflects the intention of the legislature to ensure that the law is inclusive and does not discriminate based on gender.

The correct answer is The right or ability to bring a legal action to a court of law, or to appear in a court.

Key Points

• Locus Standi is a Latin term meaning "place to stand."
• In law, it refers to the right or ability to bring a legal action to a court of law, or to appear in a court.
• The concept ensures that the party filing the lawsuit has a sufficient connection to and harm from the law or action challenged.
• This principle is used to prevent individuals with no interest in the matter from bringing lawsuits.
• Locus Standi is a fundamental concept in ensuring that only affected parties can seek judicial redress.

Additional Information

• Standing in Constitutional Law:
  • In constitutional law, standing refers to the ability of a party to demonstrate to the court sufficient connection to and harm from the law or action challenged to support that party's participation in the case.
• Public Interest Litigation (PIL):
  • In many jurisdictions, the concept of Locus Standi has been expanded through Public Interest Litigation, allowing individuals or organizations to file cases on behalf of those who are unable to do so.
• Judicial Review:
  • Judicial review is the power of courts to assess whether a law or executive action is in compliance with the constitution. The concept of Locus Standi is crucial in determining who can challenge a law or action.
• Case Law Examples:
  • Important case laws often illustrate the application of Locus Standi, such as the famous U.S. case Sierra Club v. Morton, which dealt with the standing of environmental organizations.
• Comparative Law:
  • The concept of standing varies significantly across different legal systems, reflecting diverse judicial philosophies and procedural requirements.

The correct option is Mens rea.

Key Points

• Mens rea, which refers to the mental state or intention of the offender.
• It is a requisite for most criminal offences.
• Mens rea is a legal term that generally refers to the guilty mental state.
• It is one of the most important aspects of criminal liability.
  • Only when an act is done intentionally that is prohibited by law is it considered a criminal offence.
  • The intent, which is the driving force behind the illegal conduct, is referred to as mens rea.
  • Only when an act is committed with a guilty conscience does it become criminal.
  • In most cases, a crime is not committed if the individual committing the act has an innocent mind.
  • Before a person can be held criminally accountable, they must be in a blameworthy state of mind.
• Example:
  • Inflicting injury on an aggressor in self-defence is not illegal but inflicting injury with the aim of exact revenge is illegal.
• The Latin maxim ‘actus non facit reum nisi mens sit rea’— "Act does not render one guilty unless the thought is also guilty" (there can be no crime without a guilty mind). 
  • It expresses the essential concept of the principle of mens rea.
  • At least in the case of the more severe crimes, simply committing a criminal act is insufficient to constitute a crime.
• Case:- Niranjan Singh v Jitendra Bhimraj (1990)
  • The defendants sought to eliminate two people named Raju and Keshav to acquire control of the underworld.
  • They were accused of committing a terrorist offence in violation of TADA.
  • Decision:
    • The Supreme Court determined that the intention was evident based on the facts.
    • It cannot be argued that their purpose was to terrorise the general public or a subset of the general public.
    • As a result, it acquitted the accused in the lack of an intention to cause terror, even though the outcome of their act was to cause terror.

Additional Information

• The Latin term 'actus reus' implies 'guilty act. '
• The physical component of a crime is known as actus reus.

The correct answer is option 3.Key Points

• Section 3 of India  Penal Code 1860 deals with punishment of offences committed beyond, but which by law may be tried within, India.
• It states any person liable, by any Indian law, to be tried for an offence committed beyond India shall be dealt with according to the provisions of this Code for any act committed beyond India in the same manner as if such act had been committed within India.
• Section 4 deals with extension of Code to extra-territorial offences.
• The provisions of this Code apply also to any offence committed by:
  • Any citizen of India in any place without and beyond India;
  • Any person on any ship or aircraft registered in India wherever it may be.
  • Any person in any place without and beyond India committing offence targeting a computer resource located in India.
• Explanation.—In this section the word “offence” includes every act committed outside India which, if committed in India, would be punishable under this Code

The correct option is Public Servant.

Key Points 

• Section 21: Meaning Of "Public Servant".
  • Section 21 states that - the word "PUBLIC SERVANT" denotes the person falling under any of the following categories:-
    • Any officer commissioned under the Military, Naval, and Air forces of the country.
    • Any judge or designated person who is lawfully empowered to discharge any adjudicatory functions, whether by himself or as a member of the bodies of the persons.
    • Any officer of a court of justice whose duty is to investigate any matter of law or to report the matter. The officer who is allowed to keep the record of the matter, or to take the charge to dispose of any property to execute any judicial process or who can administrate any oath-taking, or preserve any order of the court, any person who is appointed by the court with the authority to perform these duties.
• Case:-
  • GHULAM RABBANI V. STATE OF ASSAM
    • The Guwahati High Court held that the Branch Manager of a State Warehousing Corporation is not a public servant as the State Warehousing Corporation is not a statutory body as it had not been created by any statute.
  • NATIONAL SMALL INDUSTRIES CORPORATION LIMITED V. STATE
    • It was held by the Supreme Court that a Government company is not a public servant but every employee of such a company is.
  • STATE THROUGH CBI V. O.P. DOGRA [AIR 1986]
    • Held that as far as the Life Insurance Corporation (LIC), employees of the said Corporation came under the definition of public servant.

The correct answer is Section 29.

Key Points

• Section 29 of the Indian Penal Code provides for the definition of Document.
• It states that —The word “document” denotes any matter expressed or described upon any substance by means of letters, figures or marks, or by more than one of those means, intended to be used, or which may be used, as evidence of that matter.
  Explanation 1.—It is immaterial by what means or upon what substance the letters, figures or marks are formed, or whether the evidence is intended for, or may be used in, a Court of Justice, or not. 
  Explanation 2.—Whatever is expressed by means of letters, figures or marks as explained by mercantile or other usage, shall be deemed to be expressed by such letters, figures or marks within the meaning of this section, although the same may not be actually expressed.

The correct answer is Option 4. 

Key Points

• A corporation can be prosecuted if it is a person under Section 11 of the Penal Code.
• Section 11 states that, the word “person” includes any Company, or Association, or body of persons, whether incorporated or not. 
• "The word 'person' includes any Company or Association or body of persons, whether incorporated or not" clarifies that in the context of the legal text, the term "person" is not limited to individual human beings. Instead, it also encompasses:
  • Companies: These are business entities recognized as separate legal entities from their owners, regardless of whether they are registered as corporations or not.
  • Associations: Groups of individuals who come together for a common purpose, which might be formal or informal.
  • Bodies of Persons: Any group of people acting collectively, which can include partnerships, clubs, or organizations.

The correct answer is Option 4.

Key Points

• Section 19 of the Indian Penal Code deals with "Judge".
• The term "Judge" includes not only those officially designated as judges but also:
  • Anyone authorized by law to make final decisions in legal cases, whether civil or criminal.
  • Anyone who can give a decision that becomes final if not appealed.
  • Anyone whose decision becomes final when confirmed by another authority.
  • Members of a group of people who are legally empowered to make such decisions.
• This definition broadens the scope of who can be held accountable for judicial responsibilities and ensures comprehensive coverage under the law.