Practice Questions On Elements Of Crime

Practice Questions On Elements Of Crime

  • How many theories of punishment are provided under Criminal Law?

  • 2

  • 4

  • 1

  • 5

Ans. b

Rationale: under criminal law 4 theories of punishment are provided i.e. retributive, deterrent, preventive and reformative.

  • A broke both the legs of B; magistrate punished him by ordering to break both his legs. Magistrate in this case followed which theory of punishment?

  • Preventive

  • Retributive

  • Deterrent​​ 

  • Reformative​​ 

Ans. b

Rationale: retributive theory is based on the ideals of revenge or retribution i.e. the punishment should be given in equal proportion to the loss or harm caused by the wrongful act i.e. an eye for an eye, a tooth for a tooth.

  • Which one of the following is an essential of crime?

  • Motive

  • Knowledge

  • Punishment

  • Willingness

Ans. c

Rationale: there are three essentials of crime i.e. guilty act, guilty mind and punishment.

  • A amputated leg of B; magistrate ordered him the sentence 14 years. While was in the jail he was given a task of making furniture. What type of punishment was granted to A?

  • Life imprisonment

  • Imprisonment

  • Simple imprisonment

  • Rigorous imprisonment

Ans. d

Rationale:​​ the offence committed by A was of grievous nature and he was given a work which included hard manual labour.

  • B took away X’s watch thinking to be his own but when B got to know that the watch belongs to X, he returned the same to him. X accused B of mischief. Will B be liable?

  • Yes, as B committed the guilty act

  • Yes, as B had wrongful intention

  • No, as B did not have a guilty mind

  • No, as B returned the watch

Ans. c

Rationale: a crime is said to be committed only when it is accompanied by guilty act and guilty mind. Herein, B did not have guilty intention, but he wrongfully and in good faith considered the watch to be his own.

  • Which country has recently abolished death penalty?

  • Burkina Faso

  • South Africa

  • Spain

  • Venezuela

Ans. a

Rationale: in Burkina Faso death penalty was recently abolished in the year 2018.

  • A committed the offence of robbery. He was sent to rehabilitation centre for a period of 5 years by the magistrate wherein he used to teach the children of nearby slum. What type of punishment has been granted to A?

  • Retributive

  • Deterrent

  • Preventive

  • Reformative

Ans. d

Rationale: magistrate has given ‘A’ a chance to reform himself and to become a part of society again.

  • Which type of punishment cannot be granted in civil offences?

  • Death

  • Imprisonment

  • Fine

  • Forfeiture of property

Ans. a

Rationale: death is granted only in the rarest of the rare cases e.g. Murder, waging war etc. and civil wrongs do not affect the society at large.

  • Z was punished with 12 years imprisonment and the jailer ordered Z to daily clean utensils of all the 5 prisoners of his block. What type of punishment was granted to Z?

  • Simple imprisonment

  • Rigorous imprisonment

  • Life imprisonment

  • Imprisonment

Ans. a​​ 

Rationale: Z was not given a task which required hard manual labour, thus he was awarded with simple imprisonment.

  • ​​ Which theory of punishment was coined by Bentham?

  • Retributive

  • Deterrent

  • Preventive

  • Reformative

Ans. b

Rationale:​​ Bentham, the founder of deterrence theory believed that if punishment is given to one offender, it will deter the others committing the similar offence.

 

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