Passage based Questions on Legal Aptitude SMLAQ011

1. “In every statute, mens rea is to be implied unless the contrary is shown.”:
   This view was expressed in-

A. Sherras v. De Rutzen
B. R. v. Dudley & Stephen
C. Harding v. Price
D. R. v. Prince.

Ans. A

2. Which of the following is correct for the aforesaid:
I. The physical aspect of crime is actus reas.
II. The mental aspect of crime is mens rea.
III. The motive is the desire to commit crime

A. I & II are correct but III is not correct
B. only II & III
C. only II & III
D. all the above.

Ans. D

3. Section 84 of IPC provides for:

A. medical insanity
B. legal insanity
C. moral insanity
D. unsoundness of mind of any kind.

Ans. B

4. Irresistible impulse is a defence:

A. in India
B. in England
C. in India and England both
D. neither in India nor in England.

Ans. D

5. A hangman who hangs the prisoners pursuant to the order of the court is exempt from criminal liability by virtue of:

A. section 77 of IPC
B. section 78 of IPC
C. section 79 of IPC
D. section 76 of IPC.

Ans. B

6. 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

7. Which of the following is correct:

A. the burden of proof that the accused was not insane at the time of commission of offence is on the prosecution
B. the burden of proving that the accused was insane at the time of commission of offence is on the accused
C. there is a rebuttable presumption of fact that accused was insane at the time of commission of the offence
D. it is a matter of inference to be drawn by the court on the facts proved by the prosecution.

Ans. B