Offence affecting human body MCQ Quiz - Objective Question with Answer for Offence affecting human body - Download Free PDF

The correct answer is 'Section 301 of the Indian Penal Code'

Key Points

• Doctrine of Transferred Malice:
  • The doctrine of transferred malice applies when a person intends to harm one individual but inadvertently causes harm to another person.
  • Under this doctrine, the malicious intention (mens rea) is transferred from the intended victim to the actual victim.
  • Section 301 of the Indian Penal Code (IPC) specifically deals with cases of culpable homicide where the harm intended for one person results in the death of another.
  • The section states that the culpability of the offender is not diminished due to the unintended victim, as the intent to cause harm remains the same.

Additional Information

• Section 299 (Incorrect Option):
  • Section 299 of IPC defines culpable homicide, which involves causing the death of a person with the intention or knowledge that the act is likely to cause death.
  • While it explains the general principles of culpable homicide, it does not specifically address transferred malice.
• Section 300 (Incorrect Option):
  • Section 300 of IPC defines murder, which is a more severe form of culpable homicide committed with specific intent.
  • It does not focus on the doctrine of transferred malice but rather on the conditions distinguishing murder from culpable homicide.
• Section 302 (Incorrect Option):
  • Section 302 of IPC prescribes the punishment for murder, which is typically death or life imprisonment.
  • This section deals with sentencing rather than the legal principle of transferred malice.

The correct answer is '7 years of marriage.'

Key Points

• Dowry Death and Legal Framework:
  • Dowry death is a grave social crime in India and is addressed under Section 304B of the Indian Penal Code (IPC).
  • To constitute an offence of dowry death, the death of a woman must occur under circumstances such as burns, bodily injury, or other unnatural causes.
  • The death must occur within 7 years of marriage, and it should be shown that the woman was subjected to cruelty or harassment by her husband or his relatives in connection with demands for dowry.
  • This legal provision aims to curb the menace of dowry and ensure justice for victims of dowry-related abuse.

Additional Information

• Overview of Incorrect Options:
  • Option 1 (5 years of marriage): While 5 years is a significant time frame, it does not align with the legal provision under Section 304B IPC, which specifies 7 years as the period within which the dowry death must occur.
  • Option 2 (2 years of marriage): This time frame is too short and does not match the legal requirement of 7 years stipulated in the law.
  • Option 4 (1 year of marriage): A 1-year period is insufficient to encompass many cases of dowry-related harassment and deaths. The law recognizes a longer period to address such cases comprehensively.
• Importance of the 7-year period:
  • The 7-year period ensures that dowry-related abuse cases are addressed even if the harassment or cruelty occurs years after the marriage.
  • This time frame is considered reasonable and realistic, as it captures a significant portion of dowry-related incidents.

The correct answer is 'Causing miscarriage'

Key Points

• Understanding Grievous Hurt:
  • The concept of grievous hurt is defined under Section 320 of the Indian Penal Code (IPC).
  • Grievous hurt includes specific injuries or harm that causes long-term physical or mental damage to an individual.
  • It is considered more severe than simple hurt and typically has stricter legal consequences.
• Causing miscarriage:
  • While causing miscarriage may lead to serious consequences for the victim, it is not classified as grievous hurt under Section 320 of IPC.
  • This act is separately covered under IPC and is treated as a distinct offense, often under sections related to causing miscarriage or abortion.
• Permanent disfiguration of head or face:
  • Permanent disfiguration of the head or face is explicitly listed as grievous hurt under Section 320 IPC.
  • This type of injury results in long-term or irreversible damage to a person’s appearance.
• Emasculation:
  • Emasculation, which refers to the permanent loss of male reproductive capacity, is classified as grievous hurt under IPC.
  • It has serious implications on the physical and psychological well-being of the victim.
• Dislocation of a bone:
  • The dislocation of a bone is another injury specifically listed as grievous hurt under IPC.
  • This type of harm often requires medical intervention and can lead to long-term disabilities if not treated properly.

Additional Information

• Legal Framework for Grievous Hurt:
  • The distinction between grievous hurt and simple hurt is significant in legal terms as it determines the severity of punishment.
  • Grievous hurt offenses typically carry stricter penalties, including longer imprisonment and higher fines.
• Role of Intent:
  • In cases of grievous hurt, the intent of the offender plays a crucial role in determining the punishment.
  • If the injury was inflicted intentionally, the punishment is likely to be more severe compared to accidental harm.
• Medical Evidence:
  • Medical reports and expert opinions are critical in establishing whether an injury falls under grievous hurt.
  • The degree of harm and its long-term impact are assessed to determine the classification of the injury.

The correct answer is 'All of the above'

Key Points

• Navtej Singh Johar Vs. Union of India:
  • This landmark case was decided by the Supreme Court of India in 2018.
  • The court held that Section 377 of the Indian Penal Code (IPC), which criminalized consensual same-sex relations, was unconstitutional.
  • The judgment decriminalized consensual sexual acts between adults, irrespective of their gender.
  • It was a significant step towards recognizing the rights of the LGBTQ+ community in India.

Additional Information

• Two adults:
  • This option is partially correct as the judgment indeed applied to consensual sexual acts between two adults.
  • However, it does not encompass the full scope of the judgment which included all adults irrespective of gender or sexual orientation.
• Homosexuals (man and man) and heterosexuals (man and woman):
  • This option is also partially correct as the judgment covered homosexual acts, but it misses out on including other gender identities and sexual orientations.
• Lesbians (woman and woman):
  • This option is correct but incomplete on its own as it does not represent the inclusivity of the judgment which covered all consensual adult relationships.

The correct answer is 'Section 497 of the I.P.C.'

Key Points

• Joseph Shine Vs. Union of India:
  • This landmark judgment was delivered by the Supreme Court of India in 2018.
  • The case challenged the constitutionality of Section 497 of the Indian Penal Code (I.P.C.), which dealt with adultery.
  • Section 497 was struck down because it was deemed to be archaic, discriminatory towards women, and violative of the right to equality under Article 14, the right to privacy under Article 21, and the right to non-discrimination under Article 15 of the Indian Constitution.
  • The judgment stated that adultery should be treated as a civil matter, not a criminal offense.

Additional Information

• Section 498A of the I.P.C.:
  • This section pertains to the husband or relative of the husband of a woman subjecting her to cruelty.
  • It aims to protect married women from being subjected to cruelty by their husbands or in-laws.
• Section 498 of the I.P.C.:
  • This section deals with enticement of married women.
  • It is rarely used and is not as well-known as Section 498A.
• Section 494 of the I.P.C.:
  • This section deals with the offense of bigamy, where a person marries again during the lifetime of their spouse.
  • It seeks to prevent individuals from marrying multiple times without legally ending previous marriages.

The correct answer is Kidnapping, seduction, extortion, slavery and forced labour.

• Sections of Indian Penal Code - 359 to 374 are related to Kidnapping, seduction, extortion, slavery and forced labour.

Key Points

•  Kidnapping and Abduction: Sections 359 to 374 under IPC, 1860:
  • Kidnapping means taking away a person against his/her will by force, threat or deceit.
  • Kidnapping is classified into two categories in Section 359 of the Indian Penal Code and defined in Section 360 and 361 of the Indian Penal Code.
    • Kidnapping from India
    • Kidnapping from lawful guardianship.
• Section 360 explains kidnapping from India.
  • If any person takes a person beyond the limits of India against the consent of that person or against the consent of someone who is legally entitled to give consent on that person’s behalf, then the offence of kidnapping from India is committed
• Section 361 explains kidnapping from lawful guardianship
  • if a person takes away or entices a minor (i.e, a boy under the age of 16 years and a girl under the age of 18 years) or a person of unsound mind, away from his/her lawful guardian without the guardian’s consent, then that person commits the offence of kidnapping from lawful guardianship.
• Section 361 is to protect minor children from being seduced for improper purposes and to protect the rights and privileges of guardians having their custody.

Additional Information

• Section 307 in the Indian Penal Code Attempted murder.
• Section 377 deals with Unnatural offence.
• Section 375 of the IPC deals with Sexual offences including rape.You can relate section 375 of IPC ( with court room dramam movie Section 375 based on sexual offence)

The correct option is Option 1.

Key Points

• Section 302 deals with the punishment for murder.
• Section 149 pertains to every member of an unlawful assembly guilty of an offence committed in the prosecution of the common object.
• Section 302/149 of the Indian Penal Code (IPC) deals with punishment for murder committed by any member of an unlawful assembly.
• The provision holds all the members of the unlawful assembly liable for the offence of murder if it is committed in the prosecution of the common object of that assembly.
• In the scenario presented, 10 persons were charged under section 302/149 IPC and six persons were acquitted.
  • This implies that only four persons remain accused.
  • Cannot be convicted for the offence under section 302/149 of IPC.
  • Explanation:
    • With only four persons remaining and six already acquitted, the charge under section 302/149 IPC may not be applicable because the essence of this section requires the involvement of at least five persons in the unlawful assembly.
    • If six persons have been acquitted, the remaining four cannot be held liable under section 302/149 IPC.
    • Given that six persons were acquitted, it means they were not found guilty of the offence.
    • Therefore, the remaining four individuals: Cannot be convicted for the offence under section 302/149 of IPC.

The correct answer is option 2.Key Points

• Yes, in this scenario, the police officer would be guilty of wrongful confinement.
• Once a bail order has been issued by the court, the individual is entitled to be released from custody. Failure to release the individual constitutes wrongful confinement, as it involves unlawfully depriving them of their liberty.
• This action violates the individual's legal rights and can result in legal consequences for the police officer, including potential civil and criminal liabilities. 
• Section 340 of Indian Penal Code 1860 deals with wrongful confinement.
• Whoever wrongfully restrains any person in such a manner as to prevent that person from proceedings beyond certain circumscribing limits, is said “wrongfully to confine” that person. 

The correct answer is Option 3.

Key PointsProvisions under Indian Penal Code, 1860 regarding Acid Attack were added by the 2013 amendment to the Act under Sections 326A, 326B.

• Section 326A - Voluntarily causing grievous hurt by use of acid, etc.
  • Whoever causes permanent or partial damage or deformity to, or burns or maims or disfigures or disables, any part or parts of the body of a person or causes grievous hurt by throwing acid on or by administering acid to that person, or by using any other means with the intention of causing or with the knowledge that he is likely to cause such injury or hurt, shall be punished with imprisonment of either description for a term which shall not be less than ten years but which may extend to imprisonment for life, and with fine.
    • Provided that such fine shall be just and reasonable to meet the medical expenses of the treatment of the victim.
    • Provided further that any fine imposed under this section shall be paid to the victim.
• Section 326B - Voluntarily throwing or attempting to throw acid 
  • Whoever throws or attempts to throw acid on any person or attempts to administer acid to any person, or attempts to use any other means, with the intention of causing permanent or partial damage or deformity or burns or maiming or disfigurement or disability or grievous hurt to that person, shall be punished with imprisonment of either description for a term which shall not be less than five years but which may extend to seven years, and shall also be liable to fine.
  • Explanation 1 — For the purposes of section 326A and this section, "acid" includes any substance which has acidic or corrosive character or burning nature, that is capable of causing bodily injury leading to scars or disfigurement or temporary or permanent disability.
  • Explanation 2 — For the purposes of section 326A and this section, permanent or partial damage or deformity shall not be required to be irreversible.

Additional InformationIn Laxmi v. Union of India (2013), the Supreme Court outlined that establishments selling acid would need a licence to do so and have to be registered under the Poisons Act 1919. The judgement of the case further emphasized on following points:

• Sections 326A and 326B, which particularly addressed the offence of the acid assault, were added to Section 326 of the Indian Penal Code, 1860.
• The Code of Criminal Procedure, 1973 was amended to incorporate Section 357B, which ensures that the victim will get reimbursement in addition to the penalties required under Sections 326A and 376D of the IPC. Whereas Section 357A was added to explain the victim compensation programmer.
• COMPENSATION - The victim of acid attack is entitled to compensation of at least three lakh rupees, according to the Government’s Victim Compensation Scheme, which also established a consistent method for paying the compensation.
• It was emphasized that no facility, not even a private hospital, could refuse the victim medical care.
• When hospitals are short on equipment, the victim should first get primary care before being transferred to the appropriate hospital.
• The restrictions on acid sales and purchases were imposed.

The correct answer is option 3.

Key Points

•  The scenario described raises legal questions under the Indian Penal Code (IPC), particularly concerning the liability of Raju for the accidental death caused by the axe flying off while he was cutting wood.
• To determine Raju's liability, one would look at concepts of "negligence" and "accidents" as outlined in the IPC.
• The concept of "Death by Negligence" is encapsulated under Section 304A of the IPC, which states that causing the death of any person by doing any rash or negligent act not amounting to culpable homicide shall be punished. For Raju to be liable under this section, it must be established that his actions were "rash" or "negligent."
• Rashness and negligence relate to the failure to take the care that a reasonable person would in similar circumstances. If Raju was aware that children were playing in the area and still chose to cut wood there without taking adequate precautions to prevent potential harm, his actions could be considered negligent, especially if a reasonable person would have foreseen the risk of the axe flying off and causing injury.
• However, it's important also to consider the provisions related to acts done by accident. An "act done by accident" under Section 80 of the IPC exempts a person from criminal liability for an act that was not intended to cause harm and occurred without negligence or ill will. 
• The determination of Raju's liability would thus depend on the circumstances surrounding the incident, such as whether Raju took reasonable precautions to ensure that cutting wood in the vicinity of playing children was safe. If in the same situation, there was no child but some grown man the situation would come under Section 80 and defence of Accident would be given.
  Given that this scenario seems closely related to an illustration within legal discussions on negligently caused accidents and liability, it is critical for a thorough investigation to consider all factors, including Raju's awareness of the risk, the precautions taken (if any), and the foreseeability of the accident, before a determination of liability is made.

The correct option is Option 1.

Key Points

• Rape is forced sexual intercourse, including vaginal anal or oral penetration, penetration may be by a body part or an object.
• Section 375 of the Indian Penal Code, rape is committed by a man when he has sexual intercourse with a woman under any of the following circumstances:
  • Against her will.
  • Without her consent.
  • With her consent obtained by using fear of death or hurt against her or someone she cares about.
  • With her consent, knowing that he is not her husband, she believes he is another man to whom she is married or believes herself to be lawfully married.
  • With her consent, when she is unable to understand the nature and consequences of giving consent due to unsoundness of mind, intoxication, or the administration of stupefying or unwholesome substances.
  • With or without her consent, when she is under 18 years of age.
  • When she is unable to communicate consent.
• Criminal Law (Amendment) Act 2013:
  • Under the Act, the minimum sentence of rape was altered from seven years to ten years.
  • Furthermore, in cases which resulted in the death of the victim being left in a vegetative state, the minimum sentence has been duly increased to twenty years.

Additional Information

• Protection of Children from Sexual Offences Act, 2012 ( POCSO): 
  • ​The Act was enacted to protect the children from sexual assault, sexual harassment, and pornography.
  • The POCSO Act raised the age of consent to 18 years (which was 16 till 2012) and criminalizes all sexual activities for those under 18 even if consent was factually present between two minors.
  • This Act was also amended in 2019 to make provisions for enhancement of punishment for various offences to ensure safety, security & dignity of a child.

The correct option is All of the above.

Key Points

• Section 299:
• This section deals with Culpable homicide. 
• It states that whoever causes death by doing an act with the intention of causing death, or with the intention of causing such bodily injury as is likely to cause death, or with the knowledge that he is likely by such act to cause death, commits the offence of culpable homicide.
• Culpable homicide is not murder: 
  • If it is in the exercise of the right to private defence.
  • If is done by the public servant acting in good faith.
  • If it is committed without premeditation in a sudden fight in the heat of passion upon a sudden quarrel.
  • It is not murder when the person whose death is caused, being above the age of eighteen years, suffers death or takes the risk of death with his own consent.

The Correct answer is Culpable homicide 

Key PointsSection 299 of the IPC addresses the concept of culpable homicide as the act of causing another person's death. According to this section, an individual commits culpable homicide if the act resulting in death is carried out with the intention of causing death, or with the awareness that death is a probable outcome. Furthermore, the provision includes scenarios where the act is done with the intent to inflict bodily injury that is likely to lead to death, or with the understanding that the inflicted bodily harm has a high likelihood of resulting in death.

Section 300 of the Indian Penal Code delineates murder as a more severe instance of culpable homicide. While culpable homicide does not always equate to murder, for a case of culpable homicide to be classified as murder, it must meet one of the four specified conditions under Section 300:

• Murder occurs when the act causing death is performed with the explicit intent to cause death.
• It is considered murder if the act is carried out with the intention of inflicting bodily harm that the perpetrator knows is likely to result in the death of the person who suffers the harm.
• The act is deemed murder if done with the intention to cause bodily harm, and the harm intended is of such a nature that it would, in the ordinary course of events, likely lead to death.
• Murder is also defined as committing an act that the doer has knowledge of being so dangerously life-threatening that it will in all probability cause death or such severe bodily harm that is likely to result in death, without any justification for taking such a risk.
• These criteria escalate culpable homicide to the graver classification of murder, except in specifically excluded circumstances as outlined within the legal provisions.

 Additional InformationIn Re: Palani Goundan vs Unknown on 7 April 1919 The Hon’ble High Court overruled the judgement of the sessions court and held that the accused will not be held liable for murder or culpable homicide. He will instead be held liable only for the grievous hurt caused when using the ploughshare to hit the victim and for tampering with evidence.

The correct answer is option 3Key Points

• Section 353 comes under Chapter 16 (Offence against human body) of Indian Penal Code 1860 deals with assault or criminal force to deter public servant from discharge of his duty.
• Whoever assaults or uses criminal force to any person being a public servant in the execution of his duty as such public servant, or with intent to prevent or deter that person from discharging his duty as such public servant, or in consequence of anything done or attempted to be done by such person to the lawful discharge of his duty as such public servant, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
• The offence under section 353 is a non-bailable and cognizable offence provided under 1st schedule of Cr.P.C. 1973.

The correct answer is option 4Key Points

• Section 299 of Indian Penal Code 1860 deals with Culpable homicide.
• it says whoever causes death:
  • By doing an act with the intention of causing death, or
  • With the intention of causing such bodily injury as is likely to cause death, or
  • With the knowledge that he is likely by such act to cause death, commits the offence of culpable homicide.