Offence against property MCQ Quiz - Objective Question with Answer for Offence against property - Download Free PDF

The correct answer is Option 2.

Key Points

• Relevant Provision: Section 376(2) of the Indian Penal Code (IPC) deals with aggravated forms of rape, including custodial rape.
  • What is Custodial Rape?
  • It refers to rape committed by a person in a position of authority or custody (e.g., police officer, public servant, jail official).
  • Includes situations where the offender has control over the victim's environment (e.g., police custody, remand home, hospital).
• Punishment as per Section 376(2):
  • Rigorous imprisonment for not less than 10 years,
  • May extend to imprisonment for life, and
  • Also liable to fine.
• Judicial View:
  • Courts have treated custodial rape as a grave violation of human dignity and abuse of power, often awarding maximum punishment.

Additional Information

• 7 years rigorous imprisonment with fine – Too lenient for the gravity of the offence.
• 15 years of imprisonment – Not prescribed as a fixed term under Section 376(2).
• 20 years of imprisonment – Not the standard provision; the statute provides a range from 10 years to life.

The correct answer is Ownership of that property 

Key Points

• Definition of Theft – Section 378 of IPC:
• Theft is defined as the dishonest moving of movable property out of the possession of any person, without that person’s consent, and with the intention to take it permanently.
• Essential elements of theft:
  • Movable property 
  • – Only movable property can be stolen.
  • Possession of that property (not ownership) 
  • – Theft is about removing the property from someone’s possession, not ownership. Even if the person possessing the item is not the owner, theft can still occur.
  • Removal of that property 
  • – There must be dishonest movement of the property.
• Ownership is NOT essential 
  • A thief can commit theft even from someone who is not the owner, as long as that person has possession.
  • For example, stealing a borrowed item from someone in possession is still theft.

Additional Information

• Movable property – Essential, as only movable things can be stolen.
• Possession of that property – Essential, theft is committed against the person in possession, not necessarily the owner.
• Removal of that property – Essential, dishonest movement is a must for theft.

The correct answer is Criminal force

Key Points

• Section 350 – Indian Penal Code, 1860: Criminal force is when a person intentionally uses force to another without that person's consent, and with intention to cause injury, fear, or annoyance.
•  Application to the Scenario:
  • "A" incites a dog to spring upon "Z":
  • This is use of force via an animal, which is recognized in law as indirect application of force.
• "Without Z’s consent":
  • Essential element of Section 350 IPC is satisfied.
• "With intention to annoy Z":
  • Clear indication of the mental element (mens rea) required for criminal force.

Additional Information

• Assault:
  • Assault (Section 351 IPC) involves threat or attempt to use force, not actual application.
  • Here, force is applied (dog springs on Z), so not assault, but criminal force.
• Attempt to cause hurt:
  • No evidence or intention of bodily injury — only annoyance is mentioned.
  • So, this does not qualify as attempt to hurt.
• Defamation:Defamation (Section 499 IPC) deals with injury to reputation, which is not applicable here at all.

The correct answer is Robbery

Key Points

• Definition of Theft (Section 378, IPC):
  • Theft involves dishonestly moving movable property out of someone’s possession without their consent. But without violence or fear.
• When Theft becomes Robbery (Section 390, IPC):
  • Theft becomes robbery if:
  • While committing theft, or
  • While carrying away the stolen property,
  • The offender voluntarily causes or attempts to cause death, hurt, or wrongful restraint,
  • Or instills fear of instant death or hurt to commit or retain the stolen property.
• Application to the Given Case:
  • “X” stole jewellery (theft).
  • While carrying it away, he caused fear of instant hurt to “Z” (violence).
  • Thus, this elevates theft to robbery under Section 390.

Additional Information

• Option 1. Extortion: Extortion requires consent obtained by putting a person in fear, but here there is no consent.
• Option 3. Theft: Theft alone doesn’t involve causing fear or hurt this case involves fear of instant hurt, making it more than mere theft.
• Option 4. Dacoity: Dacoity under Section 391 requires five or more persons, but here only “X” is mentioned.

The correct answer is Number 

 Key Points

• Robbery and Dacoity are both offences under the Indian Penal Code related to theft with violence or threat.
• Key difference based on Number:
• Robbery involves one or more persons committing theft with force or intimidation.
• Dacoity requires the assembly of five or more persons who jointly commit or attempt robbery.
• Definition under IPC:
• Robbery: Section 390 defines robbery as theft accompanied by violence or threat.
• Dacoity: Section 391 defines dacoity as robbery committed by a group of five or more persons.
• Other factors like Time, Property, and Place:
  • These are not criteria that separate robbery from dacoity.
  • Both offences can occur at any time or place and involve movable property.

Additional Information 

• Option 1. Time: Not a distinguishing factor; both robbery and dacoity can happen at any time.
• Option 2. Property: Both involve theft of movable property, so this does not separate them.
• Option 4. Place: No specific place difference; both can happen anywhere.

The correct answer is Section 326A

Key PointsAs per Section 326A talks about Voluntarily causing grievous hurt by use of acid, etc.-- Whoever causes permanent or partial damage or deformity to, or burns or maims or disfigures or disables, any part or parts of the body of a person or causes grievous hurt by throwing acid on or by administering acid to that person, or by using any other means with the intention of causing or with the knowledge that he is likely to cause such injury or hurt, shall be punished with imprisonment of either description for a term which shall not be less than ten years but which may extend to imprisonment for life, and with fine:

The correct option is Extortion.

Key Points

• Extortion:-
  • It is defined under Section 383 of the Indian Penal Code, 1860.
  • This section says that any person who intentionally puts another person in fear of injury and dishonestly induces him or her to deliver any valuable property or anything signed which can be converted into valuable security is said to have committed extortion.
  • Example:
    • If D threatens A that he will keep A’s child in wrongful confinement and will kill him unless A delivers to him a sum of Rupees one lakh.
    • Then D has committed extortion.
  • Essentials of extortion:-
    • The person committing the offence should intentionally put the victim in fear of injury.
      • The fear of injury must be to such an extent that it is capable of unsettling the mind of the victim and forcing him to give his property.
    • The person committing the offence should dishonestly induce the victim so to put in fear to part with his (the victim’s) property.
  • Case:- R.S. Nayak v. A.R Antulay
    • In the landmark case, A.R. Antulay, a CM, promised the sugar cooperatives whose cases were pending before the government for consideration that their cases would be looked into if they donated money.
    • It was held that fear or threat should be used for extortion and since in this case, there was no fear of injury or threat it would not amount to extortion.
  • Punishment for extortion:-
    • Section 384 of the Indian Penal Code defines the punishment for extortion.
    • It states that any person who commits extortion shall be punished with imprisonment of up to 3 years or with fine or with both.

The correct option is Preparation.

Key Points

• Section 399 of the Indian Penal Code defines the offence of making preparations to commit dacoity.
• A dacoity is a form of robbery involving a group of people.
• The stages of the commission of an offence:
  • Intention:
    • At the stage of intention, no crime has been committed yet.
    • Intent alone is generally not sufficient to attract punishment under the IPC.
    • Intent becomes relevant when coupled with other actions that progress towards the commission of the offence.
  • Preparation:
    • Section 399 specifically deals with the stage of preparation to commit dacoity.
    • Making preparations is a step beyond mere intention.
    • The mere preparation may not attract punishment under the IPC.
    • It becomes more relevant when it progresses further.
  • Attempt:
    • Attempting to commit a crime involves taking concrete steps towards the commission of the offence but falling short of completing it.
    • Attempt to commit dacoity is punishable under Section 399 read with Section 402 of the IPC.
  • Commission:
    • The actual commission of the crime is the final stage.
    • If the offence is completed, it attracts punishment under the relevant section of the IPC.
• At the stage of "Preparation," it may not be sufficient to attract punishment under the IPC.
• The relevant stage for punishment would generally be the "Attempt" or "Commission" of the offence.

The correct answer is ​Robbery

Key Points Section 390 talks about Robbery.—In all robbery there is either theft or extortion.

• When theft is robbery.— Theft is “robbery” if, in order to the committing of the theft, or in committing the theft, or in carrying away or attempting to carry away property obtained by the theft, the offender, for that end, voluntarily causes or attempts to cause to any person death or hurt or wrongful restraint, or fear of instant death or of instant hurt, or of instant wrongful restraint.
• When extortion is robbery.— Extortion is “robbery” if the offender, at the time of committing the extortion, is in the presence of the person put in fear, and commits the extortion by putting that person in fear of instant death, of instant hurt, or of instant wrongful restraint to that person or to some other person, and, by so putting in fear, induces the person so put in fear then and there to deliver up the thing extorted.

The correct answer is option 2.Key Points

• Section 409 of Indian Penal Code 1860 deals with Criminal breach of trust by public servant, or by banker, merchant or agent.
• Whoever, being in any manner entrusted with property, or with any dominion over property in his capacity of a public servant or in the way of his business as a banker, merchant, factor, broker, attorney or agent, commits criminal breach of trust in respect of that property, shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.​

The correct answer is option 3.Key PointsSection 462:- Punishment for same offence when committed by person entrusted with custody

• Whoever, being entrusted with any closed receptacle which contains or which he believes to contain property without having authority to open the same, dishonestly, or with intent to commit mischief, breaks open or unfastens that receptacle, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.
   

The correct option is 405.

Key Points

• Section 405 of the Indian Penal Code, 1860, defined the offence of criminal breach of trust.
• According to this provision, it involves dishonestly misappropriating or converting another person’s property for personal use.
• Section 405 of the Indian Penal Code states:
  • “Whoever, being in any manner entrusted with property, or with any dominion over property, dishonestly misappropriates or converts to his use that property, or dishonestly uses or disposes of that property in violation of any direction of law prescribing the mode in which such trust is to be discharged, or of any legal contract, express or implied, which he has made touching the discharge of such trust, or wilfully suffers any other person so to do, commits criminal breach of trust.”
• It is important to note that the term “property” mentioned in the section encompasses both movable and immovable assets.
• Case:- R.K. Dalmia v. Delhi Administration (1962)
  • The Supreme Court has interpreted the word “property” in Section 405 IPC to have a broad meaning that includes various types of assets, not just limited to physical objects.
• The term “entrust” holds great significance in Section 405 IPC.
  • It refers to the act of handing over property to another person for specific purposes.
  • It is important to note that entrusting the property to someone does not grant them full ownership or proprietary rights over it.
  • While they may have significant control or authority over the property, they cannot claim lawful ownership.
  • The person entrusted with the property can misuse, convert, use, or dispose of it.
• Example:
  • An employee misappropriates funds entrusted to them by their employer.
  • A financial advisor uses clients’ funds for personal investments without their knowledge or consent.
  • A trustee diverts trust funds for their personal use.
  • A partner in a business misusing company funds for personal expenses.

Additional Information

• Section 401: Punishment for belonging to a gang of thieves.
• Section 402: Assembling to commit dacoity.
• Section 403: Dishonest misappropriation of property.

The Correct answer is Attempting to commit theft

Key Points As per Section 378 Theft is defined as the act where an individual, with an intent to dishonestly take moveable property from someone's possession without the owner's consent, physically displaces said property to facilitate its taking.

• Explanation 1 clarifies that an object attached to the earth is not considered moveable and therefore not susceptible to theft until it is detached from the earth.
• Explanation 2 indicates that the act of moving an object can constitute theft if it coincides with the act of detaching it from its place.
• Explanation 3 elaborates that causing an object to move can involve removing an obstacle that prevented its movement or detaching it from another object, in addition to directly moving the item itself.
• Explanation 4 expands on this by stating that prompting an animal to move is considered as moving the animal itself and any other objects that are moved as a result of the animal’s motion.
• Explanation 5 specifies that the consent required in the theft definition can be explicit or implicit, provided either by the individual possessing the item or by someone authorized to give consent on their behalf, whether that authorization is explicit or implicit.

The correct answer is Criminal Misappropriation 

Key PointsSection 403 of the Indian Penal Code addresses the act of dishonestly misappropriating or converting movable property for personal use. The prescribed punishment for this offence is imprisonment, which may extend to two years, or a fine, or a combination of both.

The correct answer is option 2.

 Key Points

• Criminal breach of trust, as delineated under the Indian Penal Code (IPC), fundamentally revolves around the concept of 'entrusted property'.
• It specifies how the person entrusted with property, or with any dominion over property, commits an offence if he dishonestly misappropriates or converts to his own use that property, or dishonestly uses or disposes of that property in violation of any direction of law prescribing the mode in which such trust is to be discharged, or of any legal contract, express or implied, which he has made touching the discharge of such trust.

Additional Information

•  
  The IPC, under sections 405 to 409, encapsulates various forms of criminal breach of trust, elaborating on the essential component of 'entrustment' and the subsequent breach thereof.
• Section 405 - Criminal Breach of Trust: This section defines what constitutes the offence of criminal breach of trust.
• Section 406 - Punishment for Criminal Breach of Trust: This section prescribes the punishment for committing criminal breach of trust, reinforcing the seriousness with which the law views the breach of trust over entrusted property. It serves as a deterrent against the misuse of such entrusted property.
• Section 407 - Criminal Breach of Trust by Carrier, etc.: Section 407 specifically deals with persons entrusted with property as carriers, wharfingers, etc., and prescribes a higher quantum of punishment for such persons if they commit criminal breach of trust. This variation in the section highlights that the nature of entrustment—especially in professional or operational capacities—bears significant legal responsibilities and consequences upon breach.
• Section 408 - Criminal Breach of Trust by Clerk or Servant: Similar to Section 407, this section focuses on clerks, servants, or employees entrusted with property or with dominion over property. The differentiation in punishment underscores the critical role of trust in fiduciary relationships within employment contexts.
• Section 409 - Criminal Breach of Trust by Public Servant, or by Banker, Merchant or Agent: This section deals with public servants and certain professionals like bankers, merchants, or agents, stipulating even harsher penalties for breaches of trust by such individuals. Recognizing the higher degree of trust placed in these positions by virtue of their public or professional roles, the law imposes stringent measures for any breaches involving entrustment of property.