HomeLegal ReasoningPractice Paper on General Exceptions Under IPC: Infancy and Mistake

Practice Paper on General Exceptions Under IPC: Infancy and Mistake

Practice Paper on General Exceptions Under IPC: Infancy and Mistake

Practice Paper on​​ General Exceptions Under IPC: Infancy and Mistake

  • Aman, a soldier, fires on a mob by the order of his superior officer, in conformity with the commands of the law in consequence to which X and Y suffer grievous hurt and they sue Aman for the same in the court of law. Decide the guilt of Aman

  • Aman shall be guilty of grievous hurt

  • Aman’s guilt shall boil down to hurt as he fired by the order of his superior

  • Aman shall not be guilty of any offence as he is a soldier and he can do anything

  • Aman shall not be guilty of any offence as he fired by order of his superior which was in conformity with the law

Ans. d

Rationale: Mistake of fact is allowed as defence when the act done was an order from the superior i.e. the person was bound by law to do it.

  • Doli incapax’​​ in criminal law describes the liability of

  • An insane person

  • A child below seven years of age

  • A child below twelve years of age

  • A person under the influence of drugs

Ans. b

Rationale: Children below the age of 7 years are given absolute immunity under IPC i.e. nothing is an offence which is committed by a child below 7 years of age. Such children are known as​​ doli incapax, they are considered in law to be incapable of forming criminal intention necessary for crime

  • Which one of the following is the​​ correct​​ statement?

Mistake of fact is excused under criminal law because:

  • It is in the interest of public

  • There is no mens rea

  • It is a mistake

  • It is in interest of court

Ans. b

Rationale: mistake of fact defence under criminal law is given because the act lacks mens rea or an intention to commit an offence or to do something wrong but they are committed under good faith

  • ‘A’ a police officer, is directed by the court to arrest ‘B’. He arrest ‘C’ after reasonable inquiry believing ‘C’ to be ‘B’:

  • ‘A’ has committed the offence of wrongful confinement as he has arrested ‘C’ instead of ‘B’

  • ‘A’ has committed the offence of wrongful confinement as he was negligent in arresting ‘C’

  • ‘A’ has committed no offence because he arrested ‘C’ in good faith believing himself to be bound by law to do so

  • None of the above

Ans. c

Rationale: Mistake of fact is allowed as defence when the act done was an order from the superior i.e. the person was bound by law to do it.​​ Also when an act is done by any person who is justified by law or under a mistake of fact the person in good faith believes that the act is justified by law then he shall get such defence under the criminal law.

 

  • An act done under ‘mistake of fact’ is:

  • Complete defence in a criminal charge

  • Complete defence in a criminal charge if done in good faith

  • No defence at all

  • Partial defence in a criminal charge

Ans. b

Rationale:​​ mistake of fact defence under criminal law is given because the act lacks mens rea or an intention to commit an offence or to do something wrong but they are committed under good faith

  • Examine the two statements and give the correct answer;

(A): a boy of six and half year old intentionally; kills B he is not liable for murder.

(R): a child under the age of seven years is immune from criminal liability

  • Both (A) and (R) are true and (R) is the correct explanation of (A)

  • Both (A) and (R) are true and (R) is not the correct explanation of (A)

  • (A) is true but (R) is false

  • (A) is false but (R) is true

Ans. a

Rationale:​​ Children below the age of 7 years are given absolute immunity under IPC i.e. nothing is an offence which is committed by a child below 7 years of age. Such children are known as​​ doli incapax, they are considered in law to be incapable of forming criminal intention necessary for crime

  • A person on honest belief that his previous marriage has been dissolved by a decree of divorce whereas the divorce decree has not been granted:

  • He shall be guilty of bigamy

  • He shall not be guilty of any offence as one can marry whenever he wants to

  • He shall not be guilty of any offence as he honestly believed that his previous marriage has been dissolved

  • None of the above

Ans. a

Rationale: one cannot plead ignorance of fact when responsible inquiry would have elicited the true facts.

  • Ravi was suffering from delusion. One night he considered his own son as a leopard and attacked him with an axe, thinking by mistake of fact that he was justified by law​​ to kill a human who he considered as a dangerous animal. Ravi is guilty of:

  • No offence as he has defence of mistake of fact in good faith

  • Murder

  • No offence as he has the defence of insanity

  • Culpable homicide

Ans. a

Rationale: when an act is done by any person who is justified by law or under a mistake of fact the person in good faith believes that the act is justified by law then he shall get such defence under the criminal law.

  • Examine the two statements and give the correct answer;

(A): a boy of 9 years intentionally kills B; he is not liable for murder.

(R): a child under the age of twelve years is immune from criminal liability

  • Both (A) and (R) are true and (R) is the correct explanation of (A)

  • Both (A) and (R) are true and (R) is not the correct explanation of (A)

  • (A) is true but (R) is false

  • (A) is false but (R) is true

Ans. c

Rationale: Children between the ages of 7 to 12 years are given conditional immunity under IPC. If the child possesses understanding to comprehend the nature and consequences of his act then he shall be held liable for the same.

  • ​​ A who is a resident of Canada has shifted to India a year back. On a very cold winter night he cuts the​​ woods from the forest and sets them on fire to obtain some heat. The police officer arrests him, he pleads that he has recently shifted to India and was not aware that it is illegal to cut woods from the forest in India:

  • He shall be not guilty of any offence as it was a mistake of fact

  • He shall not be guilty of any offence as he did the act under good faith

  • He shall be guilty of the offence as mistake of law is no excuse

  • He shall not be guilty of any offence as he is a resident of Canada and Indian law will not apply on him

Ans. c

Rationale: ignorance of law is no defence. Everybody is bound to know the law of land and ignorance of law is no excuse.

 

 

Read our previous post on offences against property under ipc here.

Take our test on offences against property under ipc here.

Read our post on the Landmark Judgements of 2019-2020.

Read our post on Elements of Crime.

Read CLATapult’s post on offer and acceptance here. Also, try their mocks for more legal reasoning practice questions.

Aditya Anand
Aditya is 93.1% sure that he knows Japanese. We think he speaks Japanese in Bhojpuri accent.

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