Probate In India: Definition, Importance & Application

  Probate In India: Definition, Importance & Application                        @1                        A will  is a document that is drawn by a person with clear instructions as to how his/her assets are to be distributed on their death. In certain situations — and only in certain jurisdictions, such as Mumbai, Kolkota and Chennai — the executor of the will may need to apply for a probate in order to legalise it. This article will discuss, in detail, what a probate is, when one is needed in India, what the court fees are, and how it can be obtained. @2 What is a Probate? The Indian Succession Act, 1925 decrees that a probate is official proof of a will. A probate is issued to the executor, or the person who is authorized to implement or execute the will and thereby adds a legal character to the will. A probate, as defined in the India Sucessession Act, 1925, is ‘A copy of will certified under the seal of a court of competent jurisdiction with grant of administration of the

Multiple Choice Questions (MCQs) and answers on Indian Penal Code

 MCQs on Indian Penal Code (With Answers)

1). Section 82 of IPC provides that nothing is an offence which is done by a child under:

A. six years of age

B. seven years of age

C. nine years of age

D. ten years of age.

Ans. B

2). A person is stated to be partially incapax under section 83, IPC if he is aged:

A. above seven years and under twelve years

B. above seven years and under ten years

C. above seven years and under sixteen years

D. above seven years and under eighteen years.

Ans. A

3). Under section 82 & section 83 of IPC an offence is punishable if it is done by a child:

A. of below seven years of age

B. of above seven years of age but below twelve years if he has not attained sufficient maturity and understanding

C. of above seven years of age but below twelve years having attained sufficient maturity and understanding

D. all the above.

Ans. C

4). The maxim ‘actus non facit rea nisi mens sit rea’ means:

< span style="color: black;">A. crime has to be coupled with guilty mind

B. there can be no crime without a guilty mind

C. crime is the result of guilty mind

D. criminal mind leads to crime.

Ans. B

5). Z is thrown from his horse and is insensible. A, a surgeon, finds out that Z requires to be trepanned. A, not intending Z’s death, but in good faith for Z’s benefit, performs the trepan before Z recovers his power of judging for himself.

A. A has committed offence

B. A has committed no offence

C. A has committed culpable homicide

D. both (A) and (C)

Ans. B

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6). Section 84 of IPC provides for:

A. medical insanity

B. legal insanity

C. moral insanity

D. unsoundness of mind of any kind.

Ans. B



7). Insanity as a defence means that a person at the time of doing an act, by reason of unsoundness of mind is incapable of knowing:

A. the nature of the act

B. that what he is doing is wrong

C. that what he is doing is contrary to law

D. either (a) or (b) or (c).

Ans. D

8). The doctrine ‘volenti nonfit injuria’ is contained in:

A. section 87 of IPC

B. section 88 of IPC

C. section 89 of IPC

D. all the above.

Ans. D

9). The defence of ‘consent’ applies to:

A. private wrongs

B. public wrongs

C. both (a) & (b)

D. neither (a) nor (b).

Ans. A

10. 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).

Ans. C

11). 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.

Ans. D

12). 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

< span style="color: black;">D. all the above.

Ans. A

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13). 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.

Ans. C

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

A. self-preservation

B. self-respect

C. self-sufficiency

D. self-reliance.

Ans. A

15). 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.

Ans. C

16). 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.

Ans. D

17). 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).

Ans. C

.


18). Dishonest misappropriation of property, knowing that it was in possession of a deceased person at his death and that it has not since been in the possession of any person legally entitled to it is dealt under-

A. Section 402 of IPC

B. Section 403 of IPC

C. Section 404 of IPC

D. Section 405 of IPC

Ans. C

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< span style="font-family: Georgia, serif;">19). Which of the following is false of Section 34 of the Indian Penal Code?

A.it is only a rule of evidence

B. it does not create a distinct offence

C. lays down principle of liability

D. it is a penal provision

Ans. D

20). Belonging to gang of persons associated for the purpose of habitually committing dacoity is dealt under-

A. Section 398 of IPC

B. Section 399 of IPC

C. Section 400 of IPC

D. Section 401 of IPC

Ans. C

21). Which of the following is false of Section 34 and Section 149 of the IPC?

A. S. 34 does not by itself create any specific offence whereas S. 149 does so

B. Some active participation in crime is required in S. 34 while it is not needed in S. 149

C. S. 34 speaks of common intention while S. 149 contemplates common object

D. S. 34 requires at least five persons who must share the common intention while S. 149 requires at least two persons to share the common intention

Ans. D

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22). A attacks Z under such circumstances of grave provoca­tion that his killing of Z would be only culpable homi­cide not amounting to murder. B, having ill-will towards Z, and intending to kill him and not having been subject to the provocation, assists A in killing Z. Which of the following judgment under Section 38 of IPC applies to A and B?</ span>

A. A is guilty of culpable homicide and B is guilty of murder

B. B is guilty of culpable homicide and A is guilty of murder

C. Both A and B are guilty of culpable homicide

D. Both A and B are guilty of murder

Ans. A

23). Abetment of any offence, if the act abetted is committed in consequence, and where no express provision is made for its punishment is dealt under-

A. Section 109 of IPC

B. Section 110 of IPC

C. Section 111 of IPC

D. Section 112 of IPC

Ans. A

24). A quarrel arose between C on the one side and A and B on the other. C abused A, whereupon A struck him with a stick, and B struck him down with an axe on the head. He also received two other wounds with the axe on the other parts of the body. Any one of the three axe wounds was sufficient enough to cause death, especially the one on the head.

A. C is guilty for voluntarily provoking the attack while B is guilty of culpable homicide

B. A is guilty of culpable homicide, while B is guilty of voluntarily causing hurt

C. B is guilty of culpable homicide, while A is guilty of voluntarily causing hurt

D. Both A and B are guilty of culpable homicide

Ans. C

25). All about ‘intention’ is true except one:

A. is a state of mind

B. is an objective element

C. rarely susceptible to proof

D. always a matter of inference

Ans. B

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26). The word ‘illegal’ is applicable to everything:

A. which is an offence

B. which is prohibited by law

C. which furnishes ground for civil action

D. all of them

Ans. D



27). A gives Z fifty strokes with a stick. Here A may have committed the offence of voluntarily causing hurt to Z by the whole beating and also by each of the blows which make up the whole beating. As per Section 71 of IPC which of the following should be the punishment?

A. A is liable for every blow and should be imprisoned for fifty years one for each blow

B. A is only liable for blows he delivered on the victim

C. A is liable to one punishment for the whole beating

D. A should be separately punished for beating and delivering blows

Ans. C

28). Concealing a design to commit an offence punishable with imprisonment, if offence be committed if the offence be not committed is dealt under-

A. Section 119 of IPC

B. Section 120 of IPC

C. Section 121 of IPC

D. Section 122 of IPC

Ans. B

29). In which of the following death sentence is awarded?

A. Waging war against the Government of India

B. Abetting mutiny actually committed

C. Murder

D. All of them

Ans. D

30). Which of the following is true about imprisonment?

A. it is characterised by hard labour

B. it is characterised by confinement to jail

C. is subject to the kind of imprisonment

D. all of them

Ans. D

31). What is the minimum term of imprisonment in case of, at the time of attempting robbery or dacoity, the offender is armed with any deadly weapon, he is punished with imprisonment of not less than:

A. four years under Section 397, IPC

B. five years under Section 397, IPC

C. six years under Section 397, IPC

D. seven years under Section 397, IPC

Ans. D


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32). Which of the following Section of the IPC deals with solitary confinement?

A. Section 71

B. Section 72

C. Section 73

D. Section 74

Ans. C

33). Whoever is a party to a criminal conspiracy other than a criminal conspiracy to commit an offence punishable is dealt under-

A. Section 118B of IPC

B. Section 119B of IPC

C. Section 120B of IPC

D. Section 121B of IPC

Ans. C

34). A is beating Z and Y jumps in to stop the beating. In the process A intentionally strikes Y. As per Section 71 of IPC which of the following should be the punishment?

A. A is liable to one punishment for voluntarily causing hurt to Z and to another for the blow given to Y

B. A is liable to one punishment for voluntarily causing hurt only to Z

C. A is liable to one punishment for voluntarily causing hurt only to Y

D. None of them

Ans. A

35). A accused of murder, alleges that by reason of unsoundness of mind, he did not know the nature of the act.

A. The burden of proof is on the police

B. The burden of proof is on A

C. The burden of proof is on the Court

D. None of them

Ans. B

36). The accused without any provocation caught hold of the legs of a 7 year old child and dashed his head thrice in quick succession resulting in the death of the boy. Immediately after the occurrence the accused ran away. The accused pleaded insanity in defence.

A. the offence falls under Clause (iii) of Section 300, IPC

B. the offence falls under Clause (iv) of Section 300, IPC

C. the offence falls under Clause (v) of Section 300, IPC

D. the offence falls under Clause (vi) of Section 300, IPC

Ans. B

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37). A, a surgeon, knowing that a particular operation is likely to cause the death of Z, who suffers under painful com­plaint, but not intending to cause Z’s death, and intending, in good faith, for Z’s benefit, performs the operation with Z’s consent.

A. A is guilty of culpable homicide

B. A deliberately caused the Z’s death

C. A is not guilty of any offence

D. None of them

Ans. C


38). ‘Sedition’ as offence was held constitutionally valid in Kedar Nath v. State of Bihar, AIR 1962 SC 955 us dealt under-

A. Section 124 A of IPC

B. Section 128 of IPC

C. Section 136 of IPC

D. Section 138 of IPC

Ans. A





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