Question 1

The defence of 'consent' is restrictive in its applicability in cases involving:
A)alienable rights
B)inalienable rights
C)both (a) &(b)
D)neither (a) nor (b).

Accepted Answer

The defense of 'consent' is restrictive in cases involving inalienable rights because these are rights that cannot be surrendered, sold, or transferred to someone else. They are considered inherent to the dignity and worth of the human person, making the concept of consent inapplicable or severely limited in contexts where these rights are at stake.

Question 2

The defence of 'consent' is not available in cases of:
A)consent to cause death
B)consent to cause grievous hurt
C)both (a) & (b)
D)either (a) or (b).

Accepted Answer

Consent is not considered a valid defense in cases where the actions consented to result in death or grievous hurt. This is because the law aims to protect individuals from serious harm, even if they consent to such harm.

Question 3

Operation of consent to all offences, short of causing death intentionally, has been extended under:
A)section 88 of IPC
B)section 90 of IPC
C)section 91 of IPC
D)section 87 of IPC.

Accepted Answer

Section 88 of the Indian Penal Code (IPC) provides immunity from criminal liability in cases where an act is not intended to cause death, is done by consent, and is for the benefit of the person giving consent. This section essentially allows for the operation of consent to all offences short of causing death intentionally.

Question 4

Under section 89 the consent in respect of infants under 12 years of age or persons of unsound mind:
A)can be given by their guardians without any restriction
B)can be given by the guardian subject to restrictions mutually agreed upon
C)can be given by the guardians subject to restrictions imposed by law
D)all the above.

Accepted Answer

Guardians can give consent on behalf of infants under 12 years of age or persons of unsound mind, but this consent is subject to restrictions imposed by law to ensure the protection and best interest of these individuals.

Question 5

The consent is not a valid consent under section 90:
A)if given under a fear of injury or misconception of fact
B)if given by a person of unsound mind
C)if given by a child below 12 years of age
D)all the above.

Accepted Answer

All the options listed (A, B, and C) describe situations where consent would not be considered valid under section 90, which deals with consent given under circumstances that impair free will or understanding, such as fear, misconception, unsoundness of mind, or immaturity.

Question 6

Consent given under compulsion arising out of threat of injury:
A)excuses the causing of death
B)excuses causing of any offence against the state punishable with death
C)both (a) & (b)
D)neither (a) nor (b).

Accepted Answer

Consent given under compulsion or threat of injury does not excuse the causing of death or any offence against the state punishable with death. Consent must be freely given to be considered valid in legal contexts, and coercion invalidates the consent.

Question 7

The maxim 'de minimus non curat lex' means:
A)law would not take action on small & trifling matter
B)law does not ignore any act which causes the slightest harm
C)law would not take action in serious matters
D)all the above.

Accepted Answer

The maxim 'de minimus non curat lex' translates to "the law does not concern itself with trifles," meaning that the law does not take action on small and trifling matters.

Question 8

The principle 'de minimus non curat lex' is contained in:
A)section 92 of IPC
B)section 93 of IPC
C)section 94 of IPC
D)section 95 of IPC.

Accepted Answer

The principle 'de minimis non curat lex', which means 'the law does not concern itself with trifles', is contained in section 95 of the Indian Penal Code (IPC). This section provides that a slight harm caused by an act, which is not intended and known not to be likely to cause harm, does not constitute an offence.

Question 9

The right of private defence is contained in:
A)section 94 of IPC
B)section 95 of IPC
C)section 96 of IPC
D)section 98 of IPC.

Accepted Answer

The right of private defence is contained in Section 96 of the Indian Penal Code (IPC). This section provides the legal right to an individual to defend themselves or their property against certain acts considered offences under the IPC.

Question 10

The right to private defence is based on the natural instinct of:
A)self-preservation
B)self-respect
C)self-sufficiency
D)self-reliance.

Accepted Answer

The right to private defence is fundamentally based on the natural instinct of self-preservation, which is the instinct to protect oneself from harm.

Question 11

The right to private defence is:
A)unrestricted
B)subject to restriction contained in section 99 of IPC
C)subject to restrictions contained in Chapter IV of IPC
D)subject to restrictions contained in any other provision of IPC.

Accepted Answer

The right to private defence is subject to restrictions contained in section 99 of the Indian Penal Code (IPC), which outlines the conditions under which the right to private defence does not extend to causing harm to the aggressor under certain circumstances, such as when there is time to have recourse to the protection of public authorities.

Question 12

Right to private defence is:
A)available under all circumstances
B)available where there is time to have the recourse to the protection of public authorities
C)available where there is no time to have recourse to the protection of public authorities
D)all of the above.

Accepted Answer

The right to private defence is generally available when there is no time to have recourse to the protection of public authorities, indicating an immediate necessity to act in defense of oneself or others.

Question 13

The law on private defence in India:
A)is the same as in England
B)is narrower than the one in England
C)is wider than the one in England
D)none of the above.

Accepted Answer

The law on private defence in India is considered wider than the one in England because it provides more expansive rights and circumstances under which an individual can claim the right to private defence.

Question 14

The right to private defence is available with respect to:
A)harm to body
B)harm to movable property
C)harm to immovable property
D)all the above.

Accepted Answer

The right to private defence is available with respect to harm to body, harm to movable property, and harm to immovable property, thus covering all the options listed.

Question 15

Under section 98 right to private defence also is available against a:
A)person of unsound mind
B)person who does not have maturity of understanding
C)both (a) & (b)
D)neither (a) nor (b).

Accepted Answer

Under section 98 of the Indian Penal Code, the right to private defence is available against acts done by a person of unsound mind or a person who does not have the maturity of understanding, such as a child. This section provides that the right of private defence is equally applicable against such individuals, as it recognizes the necessity of self-protection against harm, regardless of the aggressor's mental state or age.

Question 16

Every person has a right of private defence of his own body and the body of any other person against any offence affecting the human body, has been provided:
A)under section 96 of IPC
B)under section 97 of IPC
C)under section 98 of IPC
D)under section 99 of IPC.

Accepted Answer

The right of private defence of the body and of the property of oneself or of any other person is provided under Section 97 of the Indian Penal Code (IPC). This section outlines the circumstances and extent to which an individual is legally permitted to defend themselves or others from harm.

Question 17

Under Article 32 a writ petition can be made to the Supreme Court by a person who himself has suffered only. Under which of the following, a relative or friend of a person aggrieved can file a writ petition:
A)Habeas Corpus
B)Mandamus
C)Certiorari
D)all of the above.

Accepted Answer

Habeas Corpus allows a relative or friend of a person who is detained or imprisoned to file a petition on their behalf, seeking relief from unlawful detention.

Question 18

The right guaranteed under Article 32 can be suspended:
A)by the Parliament
B)by the State Legislature
C)by the Supreme Court of India
D)when proclamation of emergency is in operation.

Accepted Answer

Article 32 of the Indian Constitution provides the right to constitutional remedies, allowing individuals to approach the Supreme Court for enforcing their fundamental rights. This right cannot be suspended by the Parliament, State Legislature, or the Supreme Court itself under normal circumstances. However, under Article 359, during a proclamation of emergency, the President of India has the power to suspend the right to move any court for the enforcement of fundamental rights, thus making option D correct.

Question 19

Petitions to the Supreme Court under Article 32 are subject to the rule of Res judicata except:
A)Quo Warranto
B)Habeas Corpus
C)Certiorari
D)Prohibition.

Accepted Answer

Habeas Corpus petitions are not subject to the rule of Res judicata, meaning that a decision on a Habeas Corpus petition does not prevent the same case from being brought before the court again. This is because the liberty of the individual is of paramount importance, and situations may change, necessitating a fresh look at the case.

Question 20

The right given by Article 32:
A)cannot be abrogated by the Act of Legislature
B)cannot be abrogated unless the Constitution itself is amended
C)can be altered by the State Legislature
D)none of the above.

Accepted Answer

Article 32 of the Indian Constitution provides the right to constitutional remedies, allowing individuals to approach the Supreme Court for enforcement of their fundamental rights. This right is considered the heart and soul of the Constitution by Dr. B.R. Ambedkar and cannot be abrogated unless the Constitution itself is amended.

Quiz 19: The Applicability and Limitations of Consent in Legal Cases

The defence of 'consent' is restrictive in its applicability in cases involving:

The defence of 'consent' is not available in cases of:

Operation of consent to all offences, short of causing death intentionally, has been extended under:

Under section 89 the consent in respect of infants under 12 years of age or persons of unsound mind:

The consent is not a valid consent under section 90:

Consent given under compulsion arising out of threat of injury:

The maxim 'de minimus non curat lex' means:

The principle 'de minimus non curat lex' is contained in:

The right of private defence is contained in:

The right to private defence is based on the natural instinct of:

The right to private defence is:

Right to private defence is:

The law on private defence in India:

The right to private defence is available with respect to:

Under section 98 right to private defence also is available against a:

Every person has a right of private defence of his own body and the body of any other person against any offence affecting the human body, has been provided:

Under Article 32 a writ petition can be made to the Supreme Court by a person who himself has suffered only. Under which of the following, a relative or friend of a person aggrieved can file a writ petition:

The right guaranteed under Article 32 can be suspended:

Petitions to the Supreme Court under Article 32 are subject to the rule of Res judicata except:

The right given by Article 32: