Legal Reasoning Questions on General Exceptions Under IPC for CLAT

Set 1

1. Alisha was driving a car at night with due care and precaution. Suddenly a man ran to the road from the forests on the side and got hit by Alisha’s car and died. Alisha is liable

• If she is below the age of 18 years.
• If she was intoxicated and still driving.
• Both (a) and (b)
• None of these

1. Radhe went out for a party with his friends and drank alcoholic drinks. Under the influence of alcohol, he entered into a fight with the bartender and killed him. His lawyer pleaded the defence of intoxication.

• The defence of intoxication is not available to him because he voluntarily got intoxicated.
• The defence of intoxication is available to him.
• The defence of intoxication is available only when you don’t pay for drinks
• None of these

1. Which of the following is not a general exception under IPC

• Knowledge
• Intoxication
• Consent
• Unsoundness of mind

1. The informer told the Army officer that landmines were installed at Gate no.1 and hence he should enter from gate no. 2. He had gathered this information and believed it to be true. The officer used Gate no. 2 and as he walked, the landmines blasted and he died.

• Informer is liable as the information was not correct.
• Informer is not liable as the information was given on time
• Informer is not liable as the information was given in good faith.
• None of these

1. The legal maxim Actori incumbit onus probandi means

• The offender must not do the prohibited act.
• the burden of proof lies on the plaintiff
• The onus of proving his innocence is on the defendant.
• None of these

Set 2

1. A man attended a wedding where he was on gunpoint to marry a girl of 10 years of age. Later, he has been accused of committing the offence of child marriage.

• He is not liable as he was under duress.
• He is not liable because the girl wants to be his wife
• He is liable.
• None of these

1. A woman was kidnapped and a 25-year-old man was put on gunpoint to rape that woman. He raped her. The 25-year-old man is

• Liable for the offence of rape
• Not Liable for the rape of offence as he was acting under duress.
• Not liable as he raped to protect himself i.e. Private defence
• Both (b) and (c)

1. A has kept B on the gunpoint and is about to shoot him. To save B, C throws a stone at A and it hits A’s head and A dies of excessive bleeding.

• C is not liable.
• C is not Liable because A was keeping B at risk
• C is not liable because he acted this way to protect the life of C
• None of these

1. The defence under Section 85 and 86 of the IPC is available only if:

• You are involuntarily intoxicated
• You are voluntarily intoxicated
• You are of Unsound mind
• You have taken due care and precaution

1. The maxim related to the defence of trifles under section 96 of IPC is

• De minimis non curat lex’
• Ignorantia facti doth excusat; ignorantia juris non excusat
• Actus me invito factus non est mens actus
• None of these

Answer

1. (c)
2. (a)
3. (a)
4. (c)
5. (b)
6. (a)
7. (b)