37 previous year questions on Offences against property from UGC NET Law papers (2009–2024), including 3 assertion–reason, 2 match-the-list, 4 statement-based questions. The correct option is marked in green.
37 questions
'A' is paramour of 'Z's wife. She gives a ring of gold which 'A' knows to belong to her husband 'Z'
Ans. (a) : The definition of theft is given in Section 378 of the Indian Penal Code (1860) whose illustration (O) shows that if 'A', knowing that the wife is not entitled to give valuable property to him, still takes it, then he commits theft.
'A', 'B' and 'C' are joint owners of some property,'a' removes the property.
Ans. (a) : In the present case 'A' is not guilty of theft. Since A is a joint owner along with B and C, and he merely removed the property. There is an absence of dishonest intention here. All the necessary conditions for theft are not fulfilled here. Criminal misappropriation will not be committed because criminal misappropriation occurs when someone takes possession of property belonging to others for their own benefit. Here breach of trust also will not be committed because the condition of A's trust has not been violated.
Loosing wrongfully means:
Ans. (c) : Loosing wrongfully means that a person is wrongfully separated from his property. Wrongful loss and wrongful gain are defined in Section 23 of the Indian Penal Code.
PRINCIPLE: Theft + Violence or Threat to violence = Robbery. Facts: M meets B and her child on a river bridge. M takes the child and threatens to fling it down to the river unless B delivers her purse. B in consequence delivers her purse. What offence 'M' has committed?
Ans. (c) : Robbery is defined in section 390 of Indian Penal Code, according to this section in all kinds of robbery there is either theft or extortion. Extortion is robbery if the offender at the time of doing so puts the person in fear of instant death, instant hurt or instant wrongful restraint of himself or any other person, and thereby induces the person so put in fear to deliver the thing then and there. Thus in the present problem M is guilty of robbery.
Criminal breach of trust is an offence which signifies:
Ans. (a) : Provision regarding criminal breach of trust has been made from section 405 to 409 of Indian Penal Code. The offence of criminal breach of trust is connected with entrustment.
Fill in blanks: Deceiving dishonestly by including a person to retain the property is known as...offence.
Ans. (c) : Cheating means deceiving dishonestly by inducing a person to retain the property. Section 415 of IPC 1860 defines cheating. According to section 417, the punishment for cheating is imprisonment up to 1 year or fine or both.
Fill in the gap with the offence that the accused has committed. Whoever dishonestly used any moveable property to his own advantage has committed the offence of..........
Ans. (c) : According to section 403 of Indian Penal Code 1860, whoever dishonestly misappropriates or converts to his own use any movable property, shall be guilty of misappropriation and shall be punished with imprisonment which may extend to two years, or with fine, or with both.
Read Assertion I and Reason II and with the help of codes given below point out the correct explanation.
Assertion I: Independently putting a person in fear of injury to another extortion.
Reason II: It is a an exception to the rule of delivering the valuable security
Code:
Ans. (a) : According to section 383 of Indian Penal Code, whoever intentionally puts any person in fear of any injury to that person, or to any other, and thereby dishonestly induces the person so put in fear to deliver to any person any property or valuable security, or anything signed or sealed which may be converted into a valuable security, commits "extortion".
Read Assertion I and Reason II and with the help of codes given below find out the correct explanation.
Fill in the blank: Extortion is _________, when it is committed under fear of instant hurt.
Ans. (c) : Extortion is robbery when it is committed by showing fear of instant hurt. Section 383 of Indian Penal Code defines extortion. Section 390 defines robbery.
Fill in the blank with appropriate offence: Extortion is .........., when it is committed under fear of instant hurt.
Ans. (c) : Extortion is defined in section 383 of Indian Penal Code 1860. The intense form of extortion is robbery. Robbery is defined in section 390. It can be done by robbery, theft or extortion. Extortion is robbery if it is done by showing fear of instant hurt and the offender is required to be present near the person put in fear. The thing extorted has been delivered.
Fill in the blank with suitable statement Z dies in possession of gold ring, gold chain and a gold wrist watch during the course of an accident. A, before anyone entitled to such possession, dishonestly misappropriates the same causing .........
Ans. (a) : According to section 404 of Indian Penal Code 1860 - whoever dishonestly misappropriates or converts to his own use property, knowing that such property was in the possession of a deceased person at the time of that person's decease, and has not since been in the possession of any person legally entitled to such possession, shall be punished with imprisonment for a term which may extend to three years, or with fine, or with both.
Fill in the blank with correct proposition of law: The malicious injury to property as per maxim Sic litre tuo ut allenum non leadas (to use your own property so as not to injure your neighbour's property as provided in......
Ans. (b) : According to section 425 of Indian Penal Code, mischief has been defined as- Whoever with intent to cause, or knowing that he is likely to cause, wrongful loss or damage to the public or to any person, causes the destruction of any property, or any such change in any property or in the situation thereof as destroys or diminishes its value or utility, or affects it injuriously, commits "mischief". Section 426 provides for imprisonment of 3 months or fine or both.
Demolishing a private structure standing encroached on a public street amounts to:
Ans. (c) : The present problem is based on section 425 of Indian Penal Code which defines mischief, according to which whoever with intent to cause, or knowing that he is likely to cause, wrongful loss or damage to the public or to any person, causes the destruction of any property, or any such change in any property or in the situation thereof as destroys or diminishes its value or utility, or affects it injuriously, commits mischief.
Assertion (A): When an acts is dishonestly it does not requrice deception or concealment as its ingredient.
Reason (R): Dishonesty requires an intention to cause wrongful loss or gain of property.
Codes:
Ans. (b) : Section 24 of Indian Penal Code defines 'dishonestly'. For an offence committed dishonestly, it is necessary to cause wrongful gain or wrongful loss and not to commit the offence by deception or concealment.
Which of the following properties could not be held to be an offence of theft, when committed/taken by a person?
Ans. (c) : According to section 378 of Indian Penal Code, the following are the essential elements of theft- (1) Intention to take property dishonestly (2) The property be movable (3) The property has been taken from the possession of another person (4) The property has been taken without the consent of the other person (5) Some movement of it from its place is necessary to take it. On the satisfaction of the above elements, the offence of theft takes place. The offence of theft is against movable property, the idol of Durga, cooking gas, forgotten umbrella etc. come under movable property, but running electricity does not come under it.
Read Assertion (A) and Reason (R) and using codes given below, answer:
Assertion (A): In criminal breach of trust, there is conversion of property held by a person in a fiduciary capacity.
Reason (R): A person has a right to convert property held by him in a fiduciary capacity.
Codes:
Ans. (b) : Section 405 of Indian Penal Code defines criminal breach of trust and section 406 provides for punishment. The following are the essential elements of criminal breach of trust under section 405- (1) A person has entrusted any property or any interest in property (2) The person having dominion over the property- (A) Has dishonestly misappropriated or converted to his own use that property. (B) Violates any legal contract entered into by him regarding the discharge of such trust. (C) Dishonestly chose that property. It is clear from the above definition that (A) is true and (R) is wrong.
Match cases from Group A with relevant legal provision from Group B and find the correct combination:
Group-A A. K.N. Mehra v. State of Rajasthan B. Aruna Ramchand Shanbaugh v. Union of India C. State (NCT of Delhi) v. Navjot Sandhu @ Afsana Guru D. Virsa Singh v. State of Punjab
Group-B
Section 300
Section 120-A
Section 309
Section 378
Code:
Ans. (c)
X a servant committed theft of Mobile phone of his master M and ran away from home. While travelling the said mobile phone was taken away by Y a co-traveller without the knowledge of X. Decide the liability of Y, choose correct one among the following.
Ans. (c) : According to section 378 of Indian Penal Code 1860, it is theft because the object of X's right was taken without his consent. Even though X had stolen that mobile phone from his master's house. Theft is an offence against possession.
Certain factors are essential to get Extortion converted to Robbery. Following are a few given factors. Choose the one which is not required for the said conversion:
Ans. (b) : To convert extortion into robbery, it is not important that the person threatening should be present there or far away. Section 383 of Indian Penal Code defines extortion and section 390 defines robbery. The offence of robbery is the intense form of theft or extortion. The above statement in the context of robbery 'it is not important that the threatening person should be present there or far away' is wrong because as per the explanation of section 390 of Indian Penal Code, at the time of committing the offence of robbery the accused needs to be close enough to put another in fear. Therefore, even for robbery the presence of the accused person is required. Because robbery is the intense form of robbery.
"There are two facts to the definition of dishonesty and it is sufficient to establish the existence of any one of them. There is no requirement in Law to establish both" Choose the correct case among the following in which the above statement of Supreme Court been laid down as ratio.
Ans. (a) : In the case of Tulsi Ram vs. State of Uttar Pradesh, the Supreme Court said that there are two facts of the definition of dishonesty and it is enough to establish the existence of any one of them. There is no need in law to bring both into existence. Dishonesty has been defined in section 24 of Indian Penal Code. Dishonestly means doing an act with the intention that a person will cause wrongful gain or wrongful loss. Therefore, any act will be done dishonestly if it has the intention of causing gain or loss to a person.
There must be dishonest intention which should co-exist while taking a thing for an offence of theft. In which of the following situations it will not amount to theft?
Ans. (a) : Section 378 of Indian Penal Code defines the offence of theft. Whose elements are as follows- (1) Intention to take property dishonestly (2) The property be movable (3) The property be taken from the possession of another person (4) The property be taken without the consent of the other person (5) Such property is moved from its place for taking it.
A take his own suit from the tailor without his knowledge but had the intention of returning it to the tailor later. What offence, if any has been committed by A?
Ans. (c) : In the present problem A has committed the offence of theft. Theft is defined in section 378. The present problem A has acted dishonestly. The following are the essential elements- (i) Intention to take property dishonestly (ii) The property be movable (iii) The property be taken from the possession of another person (iv) The property be taken without the consent of the other person (v) The property be moved from its place.
Which of the following cases do not amount to robeery?
Ans. (b) : Section 290 of Indian Penal Code defines robbery and theft in the present problem becomes robbery when- (i) any person voluntarily of any person (ii) Death, hurt or wrongful restraint or (iii) Causes or attempts to cause instant death, instant hurt or instant wrongful restraint, in order to fulfill the purpose of carrying away the property to be acquired by stealing, or in stealing, or by stealing. In the present problem, criminal misappropriation will be the offence under the provisions contained in section 404.
Dacoity with murder creates co-extensive responsibility of each participant because
Ans. (a) : Section 362 of Indian Penal Code, 1860 has been defined. For abduction it is necessary that (1) To compel any person to go from any place by force or (2) Induce by means of deceit. Therefore, if a married woman herself gives consent to her abduction, then there will be no criminal liability of the woman because that act has not been done in a deceitful manner.
Dacoity with murder creates co-extensive responsibility of each participant because
Ans. (a) : Section 362 of Indian Penal Code, 1860 has been defined. For abduction it is necessary that (1) To compel any person to go from any place by force or (2) Induce by means of deceit. Therefore, if a married woman herself gives consent to her abduction, then there will be no criminal liability of the woman because that act has not been done in a deceitful manner.
Theft
Code: A B C D
Ans. (b) : A. Dishonest taking of property - Theft (Section 378) B. Dishonestly inducing any person to deliver property - Extortion (Section 383) C. Entrustment of property - Criminal breach of trust (Section 405) D. Conversion of property - Criminal misappropriation (Section 403)
A servant collected money from the debtor of his master as authorised by him. The servant retained the money because it was due to him as wages. He commits:
Ans. (a) : The present problem is based on Section 405 of the Indian Penal Code, according to which the essential elements of this offence are - (1) Property was entrusted to the person (2) He dishonestly misappropriated the property (3) Or converted it to his own use (4) Such use was in violation of any direction of law or any legal contract regarding such trust.
To constitute the offence of theft under Indian Penal Code, there must be
taking away of the movable property
without the consent of the person
taking away of the immovable property
with the consent of person
Choose the correct option:
Ans. (b) : Theft has been defined under Section 378 of the Indian Penal Code 1860. The essential elements for the offence of theft are -
Movable property.
The property must be in the possession of a person.
Taking away without the consent of the owner of the property.
Taking the property with dishonest intention and
The property must be moved.
To constitute the offence of kidnapping from lawful guardianship under Section 361 of Indian Penal Code the age of the minor should be
Under eighteen years if male
Under sixteen years if male
Under eighteen years if female
"Threatening to commit certain acts forbidden by Indian Penal Code" to induce a person to enter into a contract is associated with:
Ans. (b) : According to Section 15 of the Indian Contract Act, 1872, "Coercion" is the committing, or threatening to commit, any act forbidden by the Indian Penal Code, or the unlawful detaining, or threatening to detain, any property, to the prejudice of any person whatever, with the intention of causing any person to enter into an agreement.
Arrange the provisions of Indian Penal Code in chronological order, section-wise:
A. House-trespass in order to commit an offence punishable with imprisonment for life B. House-trespass in order to commit an offence punishable with death C. Lurking house-trespass or house-breaking in order to commit an offence punishable with imprisonment D. House-trespass in order to commit an offence punishable with imprisonment E. Lurking house-trespass or house-breaking by night in order to commit an offence punishable with imprisonment
Choose the correct answer from the options given below:
Ans. (d) : The chronological order of sections of the Indian Penal Code is as follows: B. Section 449 - House-trespass in order to commit offence punishable with death A. Section 450 - House-trespass in order to commit offence punishable with imprisonment for life D. Section 451 - House-trespass in order to commit offence punishable with imprisonment C. Section 454 - Lurking house-trespass or house-breaking in order to commit offence punishable with imprisonment E. Section 457 - Lurking house-trespass or house-breaking by night in order to commit offence punishable with imprisonment
The quantum of punishments given under Indian Penal code are:
A. Whoever commits extortion shall be punished with imprisonment of either description for a term which may extend to three years or with fine or with both B. Whoever commits criminal breach of trust shall be punished for a term which may extend to seven years C. Whoever dishonestly misappropriates or converts to his own use any movable property, shall be punished with imprisonment of either description for a term which may extend to two years or with fine or with both D. Whoever makes any preparation for committing dacoity shall be punished with fine only E. If at the time of attempting to commit robbery or decoity the offender is armed with deadly weapons, shall be punished for two years
Choose the correct answer from the options given below:
Ans. (d) : Section 384 of the Indian Penal Code provides for punishment for extortion. According to Section 384, whoever commits extortion shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.
According to Section 403 of this Code, whoever dishonestly misappropriates or converts to his own use any movable property, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
Given below are two statements, one is labelled as Assertion A and the other is labelled as Reason R:
Assertion A: Whoever assaults or uses criminal force on any person, in attempting to commit theft on any property which that person is then wearing or carrying. Shall be punished with with both.
Reason R: Section 356 of Indian Penal Code provides for the punishment of imprisonment of either description for a term which may extend to two years, or with fine, or with both if a person assaults or uses criminal force on any person in attempting to commit theft or any property which that person is then wearing or carrying.
In light of the above statements, choose the correct answer from the options given below:
Ans. (a) : According to Section 356 of the Indian Penal Code, 1860, whoever assaults or uses criminal force on any person in attempting to commit theft on any property which that person is then wearing or carrying, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
Thus both Assertion (A) and Reason (R) are correct and Reason (R) is the correct explanation of Assertion (A).
Which of the following statement/statements are correct?
(A) 'Theft' is defined under section 378 IPC, as the dishonest removal of movable property out of the possession of any person without his consent (B) In the offence of extortion punishment is upto 3 years under section 384 IPC (C) The offence of 'Robbery' is defined under section 391 IPC (D) Dacoity is Robbery committed by five or more persons (E) The punishment for 'Dacoity' is prescribed under section 392 IPC
Choose the correct answer from the options given below:
Ans. (b) : Theft is defined under Section 378 of the Indian Penal Code, 1860. According to it, whoever, intending to take dishonestly any movable property out of the possession of any person without that person's consent, moves that property in order to such taking, is said to commit theft.
Extortion is defined under Section 383 of the Indian Penal Code, 1860. Section 384 provides for its punishment, according to which, whoever commits extortion shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.
Dacoity is defined under Section 391 of the Indian Penal Code, 1860. According to it, when five or more persons conjointly commit or attempt to commit a robbery, or where the whole number of persons conjointly committing or attempting to commit a robbery, and persons present and aiding such commission or attempt, amount to five or more, every person so committing, attempting or aiding, is said to "commit dacoity".
The punishment for dacoity is provided in Section 395.
Robbery is defined in Section 390 and punishment is provided in Section 392.
So statements (A), (B) and (D) are correct.
In case of theft under IPC, the following ingredients are necessary
A. Dishonest intention to take the property
B. The property can be movable or immovable
C. Property should be taken without the consent of the person
D. There must be some removal of the property
E. The property must be movable property
Choose the correct answer from the options given below
Answer: (c) A, C, D and E only
Following are the essential elements of theft under the Indian Penal Code, 1860
A. Dishonest intention
B. The property should be taken out of the possession of any person without that person's consent
C. The person having possession must be the owner of the such property
D. Property must be movable
E. Taking away of the property should be permanent
Choose the correct answer from the option given below
Answer: (a) A, B and D only
Match List - I with List - II
List-I Subject
(A) Punishment for extortion
(B) Attempt to commit robbery
List - II Section of Indian Penal code
(1) Section 403 (II) Section 409
(C) Dishonest misappropriation of property (III) Section 384
(D) Criminal breach of trust by public servant (IV) Section 393
Choose the correct answer from the options given below
Answer: (c) (A)-(III), (B)-(IV), (C)-(I), (D)-(II)
Arrange the following in order (section wise) as stated in chapter XVII of Indian Penal Code, 1860?
(A) Mischief
(B) Stolen property
(C) Making preparation to commit dacoity
(D) Dacoity with Murder
(E) Assembling for purpose of committing dacoity
Choose the correct answer from the options given below
Answer: (d) (D), (C), (E), (B), (A)
No questions match these filters.