Practice paper — BNS Chapter IV — Of Abetment, Criminal Conspiracy And Attempt

1.Under Section 45 of the Bharatiya Nyaya Sanhita, which of the following is NOT a mode of abetting the doing of a thing?

• (A) Instigating any person to do that thing
• (B) Intentionally aiding, by any act or illegal omission, the doing of that thing
• (C) Mere presence at the scene where the thing is done
• (D) Engaging in a conspiracy for the doing of that thing, where an act or illegal omission takes place in pursuance of it

2.Under Explanation 1 to Section 45 BNS, a person is said to instigate the doing of a thing when he:

• (A) By wilful misrepresentation, or by wilful concealment of a material fact which he is bound to disclose, voluntarily causes or procures, or attempts to cause or procure, that thing to be done
• (B) Merely remains silent about a fact he is not bound to disclose
• (C) Negligently makes a false statement without intending any consequence
• (D) Agrees with another person to commit an offence

3.For abetment by conspiracy under Section 45(b) BNS, in addition to the engagement in a conspiracy, what must occur?

• (A) The offence conspired must actually be completed
• (B) An act or illegal omission must take place in pursuance of that conspiracy, and in order to the doing of that thing
• (C) All conspirators must be present when the thing is done
• (D) The conspiracy must be reduced to writing

4.Under Section 46, who is an "abetor"?

• (A) A person who only aids in the physical commission of an offence.
• (B) A person who instigates, or aids, or engages in a plan to cause the commission of an offence, or of an act which would be an offence if done by a person capable of committing it with the same intention or knowledge as that person.
• (C) A person who merely wishes an offence to be committed but takes no active steps.
• (D) A person who commits the principal offence even if unaware of another's instigation.

5.A, with intent to murder Z, instigates B, a child under seven, to do an act which causes Z's death. Under Section 46, which is correct?

• (A) A is not guilty because B was incapable by law of committing an offence.
• (B) A is guilty and liable to the same punishment as if B had been capable and had committed murder, including the death penalty.
• (C) A is guilty only of an attempt or a lesser offence since B could not form mens rea.
• (D) A is guilty but can be punished only with imprisonment; capital punishment is excluded because the abetted person was under seven.

6.Regarding abetment by conspiracy under Section 46, which statement is correct?

• (A) It is necessary that the abettor must have concerted the offence with the person who actually commits it; otherwise there is no liability.
• (B) It is sufficient that the abettor engaged in the conspiracy in pursuance of which the offence was committed, even if he did not directly concert it with the person who committed the offence.
• (C) No one is liable for abetment by conspiracy unless all conspirators acted together at the time of the offence.
• (D) An abettor is liable only if he physically assisted the person who committed the offence during its commission.

7.What is the primary subject of Section 47 of the Bharatiya Nyaya Sanhita, 2023?

• (A) Abetment in India of offences committed outside India
• (B) Abetment in India of offences committed within India
• (C) Extradition of offenders to foreign countries
• (D) Jurisdiction over foreign courts' judgments

8.A, located in India, instigates B, a foreign national in country X, to commit an offence in country X that would be an offence if done in India. Under Section 47, is A liable for abetment?

• (A) No; only instigation of Indians abroad is covered
• (B) No; the law applies only if the offence actually occurs in India
• (C) Yes; nationality of the person who commits the act abroad is irrelevant
• (D) Yes; but only if B returns to India after committing the offence

9.If an act is lawful in the foreign country but would be an offence if done in India, and a person in India abets that act, how does Section 47 apply?

• (A) The person in India is liable because Section 47 covers acts that would constitute an offence if committed in India
• (B) The person is not liable because the act was lawful in the foreign country
• (C) Liability arises only if both India and the foreign country criminalise the act
• (D) Liability arises only after an extradition request by the foreign country

10.Does Section 48 require that the abetted act actually occur in India?

• (A) Yes — it applies when the person 'abets the commission of any act in India'
• (B) No — it applies whether the act occurs in India or elsewhere
• (C) Only if the act is committed by a citizen of India
• (D) Only if the abettor travels to India afterward

11.Does Section 48 cover a person who, while physically present in India, abets the commission of an act in India?

• (A) Yes — it covers all abetment related to acts in India
• (B) Yes — but only if the abettor then leaves India
• (C) No — Section 48 specifically concerns abetment 'without and beyond India'
• (D) No — abetment within India is never an offence

12.A in country X instigates B to commit murder in country Y (not India). The murder would be an offence if committed in India. Is A guilty under Section 48?

• (A) No — Section 48 applies only where the abetted act is to be committed in India
• (B) Yes — because the act would be an offence if committed in India
• (C) Yes — if A knew the act would be an offence in India
• (D) No — unless B travels to India to commit the act

13.According to the explanation to Section 49, when is an act said to be committed "in consequence of abetment"?

• (A) Only when it is done after instigation by the abettor.
• (B) When it is committed in consequence of the instigation, or in pursuance of the conspiracy, or with the aid which constitutes the abetment.
• (C) Only when it follows a formal conspiracy between two or more persons.
• (D) Only when the abettor physically helps to commit the offence.

14.A and B conspire to poison Z. A procures the poison and gives it to B to administer. B administers the poison in A's absence and Z dies. Under Section 49, what is A guilty of?

• (A) A is guilty of murder as principal offender.
• (B) A is guilty of abetting that offence by conspiracy, and is liable to the punishment for murder.
• (C) A is only guilty of an attempt since A was absent at the act.
• (D) A is not guilty because A did not administer the poison.

15.According to Section 50, who is liable to punishment when an offence is abetted but the person abetted does the act with a different intention or knowledge from that of the abettor?

• (A) The person who abetted the commission of the offence
• (B) Only the person who actually did the act
• (C) Both the abettor and the person who did the act equally
• (D) No one is liable because intentions were different

16.If an abettor intended a more serious offence but the person abetted committed the act with a different, lesser intention, how does Section 50 fix the abettor's punishment?

• (A) The abettor is punished only for the lesser offence actually committed
• (B) The abettor is punished for the more serious offence that would have been committed with the abettor's intention
• (C) The abettor is punished both for the more serious intended offence and for abetment
• (D) The abettor is immune because the intended offence was not completed

17.Does Section 50 permit imposing any additional punishment on the abettor over and above the punishment provided for the offence corresponding to the abettor's intention?

• (A) Yes, the abettor can be additionally punished for abetment
• (B) Yes, if the court finds aggravating circumstances
• (C) No, the abettor is punished only with that punishment and with no other
• (D) No, unless a different statutory provision prescribes additional penalty

18.According to Section 51 of the Bharatiya Nyaya Sanhita, when an act is abetted and a different act is done, the abettor is:

• (A) Liable for the act done in the same manner and to the same extent as if he had directly abetted it.
• (B) Not liable at all for the different act.
• (C) Liable only for the original act abetted, not for any different act.
• (D) Liable only if the different act causes more harm than the abetted act.

19.Illustration (a) states A instigates a child to put poison into Z's food and gives the child poison; the child by mistake puts poison into Y's food. When is A liable for poisoning Y?

• (A) A is always liable because A supplied the poison and instigated the act.
• (B) A is not liable because Y is a different person from Z.
• (C) A is liable if the child acted under the influence of A's instigation and the act was a probable consequence of the abetment.
• (D) A is liable only if A intended that Y should be poisoned.

20.Which statement correctly captures the legal limitation imposed by the proviso to Section 51 on liability for a different act done?

• (A) If the act was a probable consequence of the abetment, the abettor is liable regardless of whether the act was done under the instigation or with aid.
• (B) If the act was done under the influence of the instigation, or with the aid or in pursuance of the conspiracy, the abettor is liable regardless of whether it was a probable consequence.
• (C) The abettor is liable for the different act only if the act was a probable consequence of the abetment and was committed under the influence of the instigation, or with the aid or in pursuance of the conspiracy.
• (D) The proviso abolishes any distinction between intended and unintended acts; liability is automatic once any different act occurs.

21.In the illustration to Section 52, A instigates B to resist a distress and B voluntarily causes grievous hurt while resisting. When will A also be liable for the grievous hurt?

• (A) Whenever B causes grievous hurt while resisting, A is automatically liable.
• (B) Only if B is convicted for causing grievous hurt.
• (C) If A knew that B was likely voluntarily to cause grievous hurt in resisting the distress.
• (D) Only if A personally inflicted the grievous hurt.

22.If the act committed in addition to the act abetted does not constitute a distinct offence, Section 52 makes the abettor liable to:

• (A) Punishment only for the offence abetted (i.e., not for the additional act).
• (B) Punishment for each offence including the additional non-distinct act.
• (C) Punishment only if the additional act was intentional.
• (D) No punishment at all for any offence.

23.Which mental element regarding the abettor is required by Section 52 for cumulative liability for an additional distinct offence committed by the principal?

• (A) Mere foresight that an additional offence might possibly occur.
• (B) That the abettor personally committed the additional offence.
• (C) Knowledge that the principal was likely voluntarily to commit the additional distinct offence as a consequence of the abetment.
• (D) No particular mental element; liability arises automatically if the additional offence occurs.

24.If the conditions of Section 53 are met, how is the abettor's liability for the different effect described?

• (A) Liable only for a lesser offence than the effect caused
• (B) Not liable at all for the different effect
• (C) Liable in the same manner and to the same extent as if he had abetted the act with the intention of causing that effect
• (D) Liable only to a fine and not to imprisonment

25.If an independent intervening act (not the act for which the abettor is liable in consequence of the abetment) causes a different effect, does Section 53 make the abettor liable for that different effect?

• (A) Yes — any consequence flowing from the situation makes the abettor liable
• (B) Yes — provided the abettor foresaw such intervening acts
• (C) Yes — but only if the intervening act was committed by the same person abetted
• (D) No — Section 53 applies only where the act for which the abettor is liable in consequence of the abetment causes the different effect

26.Under Section 54 of the Bharatiya Nyaya Sanhita, 2023, what is the legal effect when a person who would, if absent, be liable as an abettor is present when the offence is committed?

• (A) He shall be deemed to have committed such act or offence.
• (B) He remains liable only as an abettor and not as a principal offender.
• (C) He is not liable at all if he did not physically perform the act.
• (D) He can be punished only for conspiracy but not for the offence itself.

27.Which combination of conditions is necessary for Section 54 to operate?

• (A) The person is present, regardless of whether he would be an abettor if absent.
• (B) The person would be liable as an abettor if absent, regardless of presence.
• (C) The person would be liable as an abettor if absent, and he is present when the offence is committed.
• (D) The person is merely nearby after the offence and had encouraged earlier.

28.Does Section 54 apply if the person who would have been punishable as an abettor is only present after the offence has been committed?

• (A) Yes — presence at any time makes him deemed to have committed the offence.
• (B) Yes — if he returns to the scene later he is still deemed to have committed it.
• (C) Only if he confesses his role afterwards.
• (D) No — the provision applies only when he is present when the act or offence is committed.

29.Under Section 55 of the Bharatiya Nyaya Sanhita, 2023, if a person abets the commission of an offence punishable with death or imprisonment for life, but the offence is not committed and there is no express provision under the Sanhita for punishment of such abetment, what is the prescribed punishment?

• (A) Imprisonment of either description for a term which may extend to seven years, and fine.
• (B) Imprisonment for life.
• (C) Death.
• (D) Imprisonment of either description for a term which may extend to fourteen years, and fine.

30.Does Section 55 apply when the offence punishable with death or imprisonment for life is actually committed as a consequence of the abetment?

• (A) Yes — Section 55 applies and prescribes up to seven years.
• (B) No — Section 55 applies only if the offence is not committed as a consequence of the abetment.
• (C) Yes — Section 55 applies but only if there is no express provision elsewhere.
• (D) Only if the act causing hurt is committed.

31.Which combination of conditions must be satisfied for Section 55 to apply to an abettor of an offence punishable with death or imprisonment for life?

• (A) The offence is not committed in consequence of the abetment, and no express provision is made under the Sanhita for the punishment of such abetment.
• (B) Only that the offence is not committed in consequence of the abetment.
• (C) Only that no express provision is made under the Sanhita for punishment of such abetment (even if the offence is committed).
• (D) The offence is committed in consequence of the abetment but there is no express provision under the Sanhita.

32.Under Section 56, if an offence punishable with imprisonment is not committed as a consequence of the abetment and there is no express provision for punishment of such abetment, what is the maximum term of imprisonment the abettor may face?

• (A) A term which may extend to one-fourth part of the longest term provided for that offence
• (B) A term which may extend to one-half of the longest term provided for that offence
• (C) The full longest term provided for that offence
• (D) A term which may extend to one-third of the longest term provided for that offence

33.Which condition is expressly required by Section 56 for its special abetment punishment to apply?

• (A) The offence must have been committed in consequence of the abetment
• (B) The offence must not be committed in consequence of the abetment, and no express provision must be made under this Sanhita for punishment of such abetment
• (C) The abettor must be a public servant
• (D) The abettor must be convicted previously under another provision

34.If an offence punishable with imprisonment is actually committed in consequence of the abetment, does Section 56 (the clause quoted) govern the punishment for the abettor?

• (A) Yes — Section 56 applies whether or not the offence is committed
• (B) No — Section 56 applies only when the offence is not committed in consequence of the abetment
• (C) Yes, but only if no express provision exists elsewhere and the abettor is a public servant
• (D) No — Section 56 applies only when the abettor and the person abetted are both public servants

35.Section 57 applies when an offence is abetted by which of the following groups?

• (A) The public generally or any number/class of persons exceeding ten
• (B) Only the public generally
• (C) Only any number/class of persons not exceeding ten
• (D) Only a specifically named individual

36.A person abets a group of fifteen people to commit an offence. Under Section 57, what punishment is prescribed?

• (A) Only a fine
• (B) Imprisonment of either description for a term which may extend to seven years and with fine
• (C) Imprisonment which may extend to three years
• (D) Death penalty

37.Which of the following is a necessary condition for Section 57 to apply?

• (A) The instigated offence must actually have been committed
• (B) The abettor must instigate the public generally or a class of persons exceeding ten
• (C) The abettor must specify the names of the persons to be instigated
• (D) The abetment must be through placing a placard in a public place

38.Which of the following acts are explicitly treated as 'voluntarily conceals' under Section 58?

• (A) An act or omission
• (B) Use of encryption or any other information hiding tool
• (C) Making a false representation respecting the design
• (D) All of the above

39.A person makes a false representation about the location of a planned offence but had neither the intention to facilitate nor the knowledge that the representation was likely to facilitate the offence. Under Section 58, is he punishable?

• (A) Yes, because making any false representation is punished
• (B) No, because the section requires intent to facilitate or knowledge that it is likely to facilitate
• (C) Yes, but only if the offence is ultimately committed
• (D) No, unless encryption was used

40.Section 59 of the Bharatiya Nyaya Sanhita, 2023 applies to which of the following persons?

• (A) Any person
• (B) A public servant
• (C) Only police officers
• (D) Private citizens entrusted with information

41.What mental state is required under Section 59 for a public servant to be liable for concealing a design to commit an offence?

• (A) Either intending to facilitate the offence or knowing it to be likely that he will thereby facilitate it
• (B) Only deliberate intent to commit the offence himself
• (C) Only negligence in failing to report
• (D) Recklessness regarding the consequences

42.If a public servant conceals a design to commit an offence but the offence is not committed, what is the maximum imprisonment prescribed by Section 59?

• (A) Imprisonment up to one-half of the longest term of imprisonment for that offence
• (B) Imprisonment up to ten years
• (C) Imprisonment for life
• (D) Imprisonment up to one-fourth of the longest term of imprisonment for that offence (or fine or both)

43.Under Section 60 of the Bharatiya Nyaya Sanhita, 2023, which of the following acts constitutes the offence described in the provision?

• (A) Voluntarily concealing, by any act or illegal omission, the existence of a design to commit an offence punishable with imprisonment, or making a representation which he knows to be false respecting such design, with intent to facilitate or knowing it likely to facilitate the commission of the offence.
• (B) Only planning or preparing a design to commit an offence punishable with imprisonment, even if not concealed.
• (C) Merely being aware of a design to commit an offence without any act of concealment or representation.
• (D) Making a true representation about a design to commit an offence, irrespective of intent.

44.Does the phrase "any act or illegal omission" in Section 60 mean that a mere failure to disclose a design can attract the provision?

• (A) Yes — an "illegal omission" can include a failure to disclose the design, provided the mental element (intent to facilitate or knowledge it is likely to facilitate) is present.
• (B) No — omissions are excluded; only positive acts are covered by the section.
• (C) Only if the omission is accompanied by a physical act does the provision apply.
• (D) Yes, but only where the offence is ultimately committed; omissions are not penalised if the offence is not committed.

45.Regarding the mental element in Section 60 ("intending to facilitate or knowing it to be likely that he will thereby facilitate"), which of the following correctly describes the requirement?

• (A) Both intent to facilitate and knowledge that it is likely must be present together (conjunctive requirement).
• (B) Either intending to facilitate or knowing it is likely to facilitate is sufficient (disjunctive requirement).
• (C) Only intent to facilitate matters; knowledge that it is likely is irrelevant.
• (D) Only knowledge that it is likely to facilitate matters; intent is irrelevant.

46.Under Section 61(2)(a) BNS, a party to a criminal conspiracy to commit an offence punishable with death, imprisonment for life or rigorous imprisonment for two years or upwards, where no express provision for punishing such conspiracy exists, shall be punished:

• (A) With imprisonment not exceeding six months, or fine, or both
• (B) With half the punishment provided for the offence
• (C) With imprisonment for life in all cases
• (D) In the same manner as if he had abetted such offence

47.A and B merely agree to commit theft, but neither does any act beyond the agreement itself. Under the proviso to Section 61(1) BNS:

• (A) The agreement itself amounts to criminal conspiracy, because an agreement to commit an offence needs no act besides the agreement
• (B) There is no conspiracy until one of them does some overt act in pursuance of the agreement
• (C) There is no conspiracy because theft was not actually committed
• (D) There is conspiracy only if the agreement is proved in writing

48.A and B agree to pursue a lawful business objective, but their agreed plan involves committing forgery merely as an incidental step. In light of the Explanation to Section 61(1) BNS, which statement is correct?

• (A) There is no criminal conspiracy because the ultimate object of the agreement was lawful
• (B) The agreement can still amount to criminal conspiracy, since it is immaterial whether the illegal act is the ultimate object of the agreement or is merely incidental to that object
• (C) There is criminal conspiracy only if the forgery is actually committed
• (D) The Explanation applies only to conspiracies punishable with death or life imprisonment

49.If no express provision is made for punishment of an attempt, what punishment does Section 62 prescribe for such an attempt?

• (A) Imprisonment for a term which may extend to one-half of the imprisonment for life or one-half of the longest term of imprisonment provided for that offence, or with such fine as is provided for the offence, or with both
• (B) Imprisonment for the full term provided for the offence without any fine
• (C) Imprisonment for up to one-quarter of the maximum term provided for the offence
• (D) Only a fine as prescribed for the substantive offence, with no imprisonment

50.Which of the following correctly reflects the illustrations given under Section 62?

• (A) Only: A makes preparations to steal but does nothing more, so he is guilty under Section 62
• (B) Only: A fails to put his hand into Z’s pocket because he is stopped before any act, so he is guilty
• (C) Only: A finds no jewel after breaking a box, therefore he is not guilty
• (D) Both: A breaking open a box finding no jewel, and A thrusting his hand into Z’s pocket finding nothing, are guilty under Section 62