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सराव पेपर — BNS Chapter IV — Of Abetment, Criminal Conspiracy And Attempt

50 questions · answer key at the end · no time limit · 42 more on the site

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  1. 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. 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. 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. 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. 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. 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. 7.Which condition is required by Section 47 for conduct in India to amount to abetment of an offence outside India?

    • (A) The foreign country must also treat the act as an offence
    • (B) The act, if committed in India, would constitute an offence
    • (C) The accused must travel to the foreign country to assist
    • (D) The accused must be a foreign national

  8. 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. 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. 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. 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. 12.If a person abets an offence and the act abetted is committed in consequence of that abetment, and there is no express provision in the Sanhita for punishment of such abetment, what punishment does the abettor receive?

    • (A) The abettor shall be punished with the punishment provided for the offence.
    • (B) The abettor shall receive a lesser, specified abetment penalty.
    • (C) The abettor shall only be fined.
    • (D) The abettor shall receive the death penalty irrespective of the offence.

  13. 13.A instigates B to give false evidence. B, in consequence of the instigation, gives false evidence and is punished for the offence. What is A's liability under Section 49?

    • (A) A is guilty of a separate offence but not liable to the same punishment as B.
    • (B) A is guilty of abetting that offence and is liable to the same punishment as B.
    • (C) A is only liable for conspiracy, not for the offence itself.
    • (D) A is not liable because A did not personally give the false evidence.

  14. 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. 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. 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. 17.Which of the following best captures the legal effect of Section 50 when the abetted person acts with different intention or knowledge from the abettor?

    • (A) The abettor is treated as if the abetted act had been done with the abettor's intention and punished accordingly, but no further punishment is allowed
    • (B) The abettor is punished for the actual offence committed by the person abetted and also for abetment
    • (C) The abettor escapes punishment because the abetted person's different intention breaks the chain of culpability
    • (D) Both the abettor and the abetted person are punished for the abettor's intended offence

  18. 18.Which of the following sets out the conditions in the proviso to Section 51 that must be satisfied for the abettor to be liable for a different act done?

    • (A) Only that the act done was a probable consequence of the abetment.
    • (B) Both that the act done was a probable consequence of the abetment and that it was committed under the influence of the instigation, or with the aid or in pursuance of the conspiracy which constituted the abetment.
    • (C) Only that the act was committed under the influence of the instigation, aid, or in pursuance of the conspiracy.
    • (D) No additional conditions; liability follows automatically when a different act is done.

  19. 19.In Illustration (b), A instigates B to burn Z's house; B sets fire and at the same time commits theft of property there. Is A guilty of abetting the theft?

    • (A) Yes, because the theft occurred during the burning.
    • (B) Yes, if A foresaw that theft would probably occur.
    • (C) Yes, if the theft was committed with the aid provided by A for the burning.
    • (D) No, because the theft was a distinct act and not a probable consequence of the burning.

  20. 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. 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. 22.Suppose A instigates B to resist a lawful distress and B, in resisting, voluntarily causes grievous hurt. A did not know B was likely to cause grievous hurt. Under Section 52, A is liable to punishment for:

    • (A) Both the offence of resisting the distress and the offence of voluntarily causing grievous hurt.
    • (B) Only the offence of voluntarily causing grievous hurt.
    • (C) No offence at all because A lacked knowledge.
    • (D) The offence of resisting the distress (the act abetted) but not the grievous hurt.

  23. 23.Under Section 53, when an act abetted causes a different effect from that intended by the abettor, what additional requirement must be satisfied for the abettor to be liable for the effect caused?

    • (A) That the abettor intended the different effect as well
    • (B) That the abettor knew the act abetted was likely to cause that different effect
    • (C) That the abettor was present when the different effect occurred
    • (D) That the abettor repented after the different effect occurred

  24. 24.A instigates B to cause grievous hurt to Z. B, as a consequence, causes grievous hurt and Z subsequently dies. A did not know that the grievous hurt was likely to cause death. Under Section 53, is A liable for the offence corresponding to Z's death?

    • (A) Yes — A is liable for the offence causing death regardless of his knowledge
    • (B) No — A is not liable for the offence causing death if he did not know death was likely
    • (C) Yes — A is liable but only for a lesser offence than death
    • (D) A is liable only if B admits that A instigated him

  25. 25.Which statement correctly captures the legal distinction created by the proviso in Section 53?

    • (A) The proviso requires that the abettor must have intended the different effect; mere knowledge is insufficient
    • (B) The proviso allows liability for the different effect even if the abettor did not intend it, so long as he knew the abetted act was likely to cause that effect
    • (C) The proviso removes all mens rea requirements for liability for the different effect
    • (D) The proviso applies only when the abettor and the doer acted in concert at the scene

  26. 26.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.

  27. 27.A person instigated an offence beforehand and is physically present at the scene when the offence occurs but does not himself perform the physical act. Under Section 54, what is his legal status?

    • (A) He is liable only as an abettor and not as the offender.
    • (B) He shall be deemed to have committed the offence.
    • (C) He is immune because he did not physically carry out the act.
    • (D) He can be punished only for inchoate offences like attempt.

  28. 28.If a person would have been punishable as an abettor had he been absent, but in fact he is merely a passive presence (does not actively intervene) at the moment the offence is committed, does Section 54 deem him to have committed the offence?

    • (A) No — mere passive presence does not convert abetment into commission.
    • (B) Only if there is proof of physical assistance in the act.
    • (C) Yes — if he would have been punishable as an abettor when absent and is present when the offence is committed, he shall be deemed to have committed the offence.
    • (D) Yes — but only for statutory offences, not common law offences.

  29. 29.According to Section 55, if an act done in consequence of the abetment causes hurt to any person, what is the maximum imprisonment the abettor may face?

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

  30. 30.A instigates B to murder Z. The murder is not carried out, but in consequence of the abetment B assaults Z causing hurt. Under Section 55, what liability does A incur?

    • (A) Imprisonment up to seven years and fine.
    • (B) Imprisonment up to fourteen years and fine.
    • (C) Liability to death or life imprisonment because the intended offence was punishable with death or life.
    • (D) No liability because the murder was not completed.

  31. 31.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

  32. 32.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

  33. 33.A police officer, whose duty it is to prevent robbery, instigates another person to commit robbery, but the robbery is not committed. Under Section 56, what punishment is the police officer liable to?

    • (A) Imprisonment up to one-fourth of the longest term for robbery, without fine
    • (B) The full longest term of imprisonment provided for robbery
    • (C) Imprisonment up to one-fourth of the longest term and possible fine
    • (D) Imprisonment of any description provided for robbery for a term which may extend to one-half of the longest term, or with fine, or with both

  34. 34.What is the maximum term of imprisonment prescribed by Section 57 for abetting the commission of an offence by the public generally or by a class of persons exceeding ten?

    • (A) Imprisonment which may extend to three years
    • (B) Imprisonment which may extend to five years
    • (C) Imprisonment which may extend to seven years
    • (D) Imprisonment for life

  35. 35.If a person publishes a notice instigating a sect of eight members to commit an offence, does Section 57 apply to that act?

    • (A) Yes — any instigation to commit an offence is covered
    • (B) Yes — because publication in a notice is treated as public abetment
    • (C) No — the sect consists of fewer than ten members and is not the "public generally"
    • (D) Only if the offence is ultimately committed

  36. 36.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

  37. 37.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

  38. 38.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

  39. 39.Which of the following situations falls outside the scope of Section 58?

    • (A) Concealing a design to commit an offence punishable with imprisonment for ten years
    • (B) Voluntarily concealing a design to commit an offence punishable with imprisonment for life by using encryption
    • (C) Making a false representation to mislead authorities knowing it will likely facilitate a capital offence
    • (D) Omitting to disclose a design intending to facilitate an offence punishable with death

  40. 40.Which of the following acts is expressly included as 'concealing the existence of a design' under Section 59?

    • (A) Only physical acts of hiding
    • (B) Only making false verbal statements
    • (C) Acts or omissions including use of encryption or other information hiding tools
    • (D) Only failure to report when legally compelled

  41. 41.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)

  42. 42.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.

  43. 43.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.

  44. 44.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.

  45. 45.Under Section 61(1) of the Bharatiya Nyaya Sanhita, a criminal conspiracy is an agreement between two or more persons to do, or cause to be done:

    • (A) Any act, whether legal or illegal, by any means
    • (B) An illegal act, or an act which is not illegal by illegal means
    • (C) Only an offence punishable with imprisonment of two years or more
    • (D) Any act that causes loss to another person

  46. 46.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

  47. 47.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

  48. 48.Under Section 62 of the Bharatiya Nyaya Sanhita, when is a person guilty of attempting to commit an offence?

    • (A) When he merely intends or plans the offence without doing any act
    • (B) When he does any act towards the commission of the offence
    • (C) When he only makes preparations but takes no step towards commission
    • (D) Only if the offence is actually completed

  49. 49.Does Section 62 apply where the Sanhita already makes an express provision for the punishment of the attempt?

    • (A) Yes, Section 62 applies in addition to any express provision
    • (B) Yes, but only if the express provision is less severe than Section 62
    • (C) No, Section 62 applies only where no express provision is made by this Sanhita for punishment of such attempt
    • (D) It applies only when the attempt is to cause another to commit the offence

  50. 50.Which statement correctly captures how the maximum imprisonment for an attempt is determined under Section 62?

    • (A) The punishment for attempt is always one-half of the longest term of imprisonment provided for the offence, even if the offence attracts life imprisonment
    • (B) The punishment for attempt is always a fixed fine and does not include imprisonment
    • (C) For offences punishable with imprisonment for life, the attempt may be punished up to one-half of the imprisonment for life; for offences with a determinate maximum term, up to one-half of that longest term applies
    • (D) An attempt is punishable by the full maximum sentence of the substantive offence

उत्तर की

1. C2. A3. B4. B5. B6. B7. B8. C9. A10. A11. C12. A13. B14. B15. A16. B17. A18. B19. D20. C21. C22. D23. B24. B25. B26. C27. B28. C29. B30. B31. A32. B33. D34. C35. C36. B37. D38. B39. A40. C41. D42. A43. A44. B45. B46. A47. B48. B49. C50. C

स्पष्टीकरणे

  1. 1. (C) Section 45 recognises three modes of abetment: instigation under clause (a), engaging in conspiracy under clause (b) where an act or illegal omission takes place in pursuance of the conspiracy, and intentional aiding by act or illegal omission under clause (c). Mere presence is not listed as a mode of abetment in the section.
  2. 2. (A) Explanation 1 to Section 45 provides that wilful misrepresentation or wilful concealment of a material fact which a person is bound to disclose, whereby he voluntarily causes or procures (or attempts to cause or procure) a thing to be done, amounts to instigation. Both the misrepresentation and the concealment must be wilful, and the concealment must relate to a fact he is bound to disclose.
  3. 3. (B) Clause (b) of Section 45 requires that the person engages with one or more others in a conspiracy for the doing of the thing, and that an act or illegal omission takes place in pursuance of that conspiracy and in order to the doing of that thing. Completion of the ultimate offence is not required by the clause; what is required is an act or illegal omission in pursuance of the conspiracy.
  4. 4. (B) Section 46 defines an abettor as one who abets the commission of an offence or an act which would be an offence if committed by a person capable by law of committing an offence with the same intention or knowledge as the abettor. This covers instigation, aid, or engagement in the plan to cause the offence.
  5. 5. (B) Explanation 3(b) states that where a person with intent instigates a child under seven who causes death, the instigator is liable to be punished as if the child had been capable and had committed murder, and therefore is subject to the punishment for murder (including death).
  6. 6. (B) Explanation 5 states that it is not necessary that the abettor should concert the offence with the person who commits it; it is sufficient if he engages in the conspiracy in pursuance of which the offence is committed. The illustration under Explanation 5 supports this rule.
  7. 7. (B) Section 47 requires that the act abetted in a foreign country would constitute an offence if committed in India. The provision does not condition liability on the foreign country's law, presence of the accused abroad, or the accused's nationality.
  8. 8. (C) The provision explicitly covers abetment in India of acts committed outside India and the illustration shows A in India instigating B, a foreigner abroad, leads to A being guilty of abetting. Nationality of the person abroad is therefore irrelevant.
  9. 9. (A) Section 47 focuses on whether the act abetted outside India would constitute an offence if committed in India. It does not require that the act be unlawful in the foreign country; therefore abetment from India is covered if the act would be an offence in India.
  10. 10. (A) The provision applies to someone who 'abets the commission of any act in India,' so the abetted act must be an act in India. The text does not extend the provision to acts committed outside India.
  11. 11. (C) Section 48 is expressly about a person who, 'without and beyond India, abets the commission of any act in India.' It therefore addresses abetment committed from outside India; abetment by someone present in India is not the scenario described by this section.
  12. 12. (A) Section 49 states that where the act abetted is committed in consequence of the abetment and no express provision is made for its punishment, the abettor "be punished with the punishment provided for the offence." Thus the abettor receives the same punishment as the offence.
  13. 13. (B) Illustration (a) under Section 49 states that where A instigates B and B commits the offence in consequence, "A is guilty of abetting that offence, and is liable to the same punishment as B." Hence A is liable to the same punishment.
  14. 14. (B) Illustration (b) explains that where A and B conspire and A's acts are in pursuance of the conspiracy (e.g., procuring and delivering poison), and B causes death, "A is guilty of abetting that offence by conspiracy, and is liable to the punishment for murder." Thus A is an abettor liable to murder's punishment.
  15. 15. (A) The provision begins with 'Whoever abets the commission of an offence shall ... be punished', so the abettor is the one who is punished even if the person abetted acted with different intention or knowledge.
  16. 16. (B) Section 50 requires punishment 'with the punishment provided for the offence which would have been committed if the act had been done with the intention or knowledge of the abettor', so the abettor is punished as for the offence corresponding to his own intention even if the actual act had a different, lesser intention.
  17. 17. (A) Section 50 specifies that where the person abetted does the act with a different intention or knowledge, the abettor 'shall ... be punished with the punishment provided for the offence which would have been committed if the act had been done with the intention or knowledge of the abettor and with no other', i.e., treated as if done with abettor's intention and no additional punishment.
  18. 18. (B) The proviso to Section 51 requires two things: the act done must have been a probable consequence of the abetment, and it must have been committed under the influence of the instigation, or with the aid or in pursuance of the conspiracy constituting the abetment. Both conditions are necessary for liability under the proviso.
  19. 19. (D) Illustration (b) states that A, though guilty of abetting the burning, is not guilty of abetting the theft because the theft was a distinct act and not a probable consequence of the burning. The proviso limits liability to acts that are probable consequences or done under the instigation/aided/pursuance conditions.
  20. 20. (C) The proviso requires both that the act done was a probable consequence of the abetment and that it was committed under the influence of the instigation, or with the aid or in pursuance of the conspiracy. Both elements are necessary for liability under Section 51.
  21. 21. (C) The illustration states that A will also be liable for each offence if A knew that B was likely voluntarily to cause grievous hurt in resisting the distress. Mere occurrence of the hurt is not enough; the abettor's knowledge is specified by the provision.
  22. 22. (D) The illustration explains that B is liable for both offences, but A will be liable for each only if A knew that B was likely to voluntarily cause grievous hurt. If A lacked that knowledge, A is liable for the offence abetted (resisting the distress) but not for the additional grievous hurt.
  23. 23. (B) Section 53 provides that the abettor is liable for the different effect provided he knew that the act abetted was likely to cause that effect. The provision does not require actual intention to cause the different effect, only knowledge of its likelihood.
  24. 24. (B) Section 53 makes liability for an unintended different effect conditional on the abettor knowing that the act abetted was likely to cause that effect. If A did not know death was likely, the proviso is not met and A is not made liable for the effect of death under this section.
  25. 25. (B) Section 53's proviso makes the abettor liable for a different effect without requiring original intention to cause that effect, provided he knew the abetted act was likely to cause it. It does not eliminate mens rea altogether nor limit application to concerted presence.
  26. 26. (C) Section 54 requires both that the person would have been punishable as an abettor if absent and that he is present when the act or offence is committed. The text reads: whenever any person, who is absent would be liable to be punished as an abettor, is present when the act or offence ... is committed, he shall be deemed to have committed such act or offence.
  27. 27. (B) Section 54 deems a person who would have been punishable as an abettor (if absent) and who is present when the offence is committed to have committed the offence. Physical performance is not required by the text; presence at the commission triggers the deeming.
  28. 28. (C) Section 54 states that whenever a person who would be punishable as an abettor if absent is present when the offence is committed, "he shall be deemed to have committed such act or offence." The provision does not condition the deeming on active physical participation, so passive presence (given the stated predicate) is covered by the text.
  29. 29. (B) The provision specifies that if any act done in consequence of the abetment causes hurt, "the abettor shall be liable to imprisonment of either description for a term which may extend to fourteen years, and shall also be liable to fine." Thus the 14-year term is correct.
  30. 30. (B) The provision and the illustration state that if the offence is not committed but an act done in consequence of the abetment causes hurt, "the abettor shall be liable to imprisonment of either description for a term which may extend to fourteen years, and shall also be liable to fine." Hence option 2 is correct.
  31. 31. (A) Section 56 provides that when the offence is not committed and no express provision exists, the abettor may be punished with imprisonment for a term which may extend to one-fourth part of the longest term provided for that offence. The one-half term applies only in the special public-servant circumstance.
  32. 32. (B) Section 56 applies when the offence is not committed in consequence of the abetment and no express provision is made under this Sanhita for the punishment of such abetment; other situations fall outside this specific clause.
  33. 33. (D) Section 56 states that if the abettor is a public servant whose duty it is to prevent the offence, the abettor shall be punished with imprisonment for a term which may extend to one-half of the longest term provided for that offence, or with such fine, or with both. This is illustrated in the provision.
  34. 34. (C) Section 57 provides punishment with "imprisonment of either description for a term which may extend to seven years and with fine." Thus the maximum term specified is seven years.
  35. 35. (C) Section 57 covers abetment by "the public generally" or by a number/class of persons "exceeding ten." A sect of eight members is fewer than the specified threshold and, absent being the public generally, is not covered under this section.
  36. 36. (B) Section 57 applies when one "abets the commission of an offence by the public generally or by any number or class of persons exceeding ten." The text requires the instigation to be directed at the public generally or groups exceeding ten; it does not require naming persons or a particular mode such as a placard, nor does the provision state that the offence must actually be completed.
  37. 37. (D) The provision states that one who 'voluntarily conceals by any act or omission, or by the use of encryption or any other information hiding tool, the existence of a design' or 'makes any representation which he knows to be false' is covered. Therefore all listed acts are expressly included.
  38. 38. (B) Liability under Section 58 requires that the concealing or false representation be done 'intending to facilitate or knowing it to be likely that he will thereby facilitate' the commission. Absent that mental element, the section does not apply.
  39. 39. (A) Section 58 specifically targets concealment of a design to commit an offence 'punishable with death or imprisonment for life.' An offence punishable with ten years' imprisonment is not within that specified category and thus falls outside this section.
  40. 40. (C) The provision states concealment may be 'by any act or omission or by the use of encryption or any other information hiding tool' or by making a false representation, so it expressly includes acts, omissions and the use of encryption or similar tools.
  41. 41. (D) Clause (c) specifies that if the offence is not committed, the public servant shall be punished with imprisonment 'for a term which may extend to one-fourth part of the longest term of such imprisonment' or with the fine provided for the offence, or with both.
  42. 42. (A) Section 60 penalises anyone who "voluntarily conceals, by any act or illegal omission, the existence of a design to commit such offence, or makes any representation which he knows to be false respecting such design" when done with intent to facilitate or knowing it likely to facilitate the offence. The other options do not match the specific conduct and mental element in the text.
  43. 43. (A) The provision expressly covers conduct by "any act or illegal omission," so an omission (failure to disclose) can fall within the provision when done "intending to facilitate or knowing it to be likely" that it will facilitate the commission of the punishable offence. The section does not limit omissions to cases where the offence is committed.
  44. 44. (B) The provision uses the disjunctive phrasing "intending to facilitate or knowing it to be likely that he will thereby facilitate," which means either intention to facilitate or knowledge that facilitation is likely suffices to attract the section.
  45. 45. (B) Section 61(1) designates as criminal conspiracy an agreement of two or more persons with the common object to do or cause to be done (a) an illegal act, or (b) an act which is not illegal by illegal means. An agreement to do a legal act by legal means is not a conspiracy.
  46. 46. (A) The proviso to Section 61(1) states that no agreement except an agreement to commit an offence shall amount to a criminal conspiracy unless some act besides the agreement is done in pursuance of it. Since theft is an offence, the bare agreement to commit it is itself a criminal conspiracy; the overt-act requirement applies only to agreements whose object is not an offence.
  47. 47. (B) The Explanation to Section 61(1) declares it immaterial whether the illegal act is the ultimate object of the agreement or merely incidental to that object. Hence an agreement whose final aim is lawful may still be a criminal conspiracy if illegal means or incidental illegal acts form part of the common design.
  48. 48. (B) Section 62 states that whoever attempts to commit an offence and in such attempt does any act towards the commission of the offence shall be punished; mere intention or mere preparation without any act is not sufficient. The provision requires an act towards commission of the offence.
  49. 49. (C) Section 62 begins with the qualifying phrase 'shall, where no express provision is made by this Sanhita for the punishment of such attempt,' indicating that it applies only in the absence of any express provision for punishment of the attempt. Therefore it does not apply where an express provision exists.
  50. 50. (C) Section 62 specifies two alternatives: 'one-half of the imprisonment for life' when the offence is punishable with imprisonment for life, or 'one-half of the longest term of imprisonment provided for that offence' when a determinate term is provided. It also allows a fine or both, so options asserting only fine or full sentence contradict the provision.

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