Law and You > Criminal Laws > Bharatiya Nyaya Sanhita, 2023 > Chapter III: General Exceptions > Concept Application 3.1.1: Mistake of a Fact (S. 14) MCQs
Q1. Ravi was suffering from delusion. One night he considered his own son as leopard and attacked him with an axe, thinking by mistake of fact tht he was justified in killing the son whom he did not regard to be a human being but a dangerous animal. Ravi is guilty of:
(a) No offence as he has defence of mistake of fact in good faith
(b) murder
(c) no offence he has defence of insanity
(d) culpable homicide
Q2. An act done under ‘mistake of fact’-
(a) is a complete defence in criminal charge
(b) is a complete defence in criminal charge if done in good faith
(c) is no defence at all
(d) is a partial defence in a criminal charge
Q3. Section 14 of the Bharatiya Nyaya Sanhita provides that nothing is an offence which is done by a person who by reason of
(a) Mistake of a fact in good faith believes himself to be bound by law to do it
(b) Mistake of a law in good faith believes himself to be bound by law to do it
(c) Mistake of a fact believes himself to be bound by morals to do it
(d) All of the above
Q4. Where a police constable fires upon a mob on the orders of his superior officer and there by kills a person. Which one of the following statement is correct?
(a) The constable is not liable because he is permitted to fire and kill
(b) The constable is not liable because he has no intention to kill
(c) The constable is not liable because he, in good faith believed himself to be bound by the law to obey the orders of superior officer.
(d) The constable is not liable because it was a mistake.
Q5. In which Section of the Bharatiya Nyaya Sanhita the maxim ‘ignorantia juris not excusat’ is incorporated?
(a) Section 16
(b) Section 14
(c) Section 17
(d) None of the above
Q6. For the defence of mistake of fact under the BNS
(a) actual mistake is sufficient
(b) the act must be reasonable
(c) the act must be reasonable as well as committed in good faith
(d) none of the above is correct
Q7. ‘A’ an officer of a Court, being ordered by the Court to arrest Y, and after due enquiry, believing Z to be Y, arrests Z. What mistake has been committed by A?
(a) Mistake of fact
(b) Mistake of law
(c) both (a) and (b)
(d) None of these
Q8. X, an officer of a Court of Justice, being ordered by that Court to arrest A, and after due enquiry, believing B to be A, arrests B. What is his criminal liability under the law?
(a) Liable for the offence of wrongful confinement of B
(b) Not liable for any offence as he acted in a good faith under mistake of fact, which is defence under Section 14 of the BNS
(c) Not entitled to the benefit of mistake of fact as he has not acted in good faith
(d) Liable, because his act is a mistake of law and not mistake of fact.
Q9. Which one of the following is the correct statement?
Mistake of fact is excused under criminal law because:
(a) it is in the interest of public
(b) there is no mens rea
(c) it is a mistake
(d) it is in interest of court
Q10. Which one of the following acts is not a mistake of fact?
(a) Where an accused mistook a human being in the jungle as a wild animal at night and killed him.
(b) Where an accused killed a person under the mistaken belief that the latter entered his house with the intention of killing him
(c) Where an accused acting under a delusion killed his own son considering him to be tiger
(d) Where a constable wanting to settle personal scores with A, mistakenly apprehened B and caused injury to B
Q11. ‘X’ sees ‘Z’ committing what appears to ‘X’ to be murder. ‘X’, in exercise. To best his judgment, exerted in good faith, of the powers, which law gives to all persons of apprehending murderers in the act, seizes ‘Z’, in order to bring ‘Z’ before proper authorities. But it turns out that ‘Z’ was acting in exercise of his right of self-defence. ‘X’ is guilty of:
(a) no offence
(b) wrongful restraint
(c) wrongful confinement
(d) assault
Q12. Section 14 and Section 17 of the BNS provide general exception of:
(a) mistake of law
(b) mistake of fact
(c) both (a) and (b)
(d) none of the above
Q13. ‘A’ a police officer, without warrant apprehends ‘Z’ who has committed murder. ‘A’ has committed an offence of
(a) wrongful confinement
(b) wrongful restraint
(c) (a) and (b) both
(d) no offence
Q14. ‘A’, an officer of a Court is ordered by the Court to affect the arrest of ‘P’. But believing ‘Q’ to be ‘P’. He arrests ‘Q’, A is guilty of
(a) illegal arrest
(b) no offence if after enquiries he arrested ‘Q’
(c) wrongful restraint
(d) wrongful confinement
Q15. A male teacher during examination while conducting a search, put his hands in the pocket of the trouser of a girl candidate thinking in a good faith her to be a boy. Here the teacher, under the BNS, has the committed the offence under Section
(a) Section 74
(b) Section 115
(c) Section 79
(d) No offence
Ans:
| 1. | (a) | 2. | (b) | 3. | (a) | 4. | (c) | 5. | (b) | 6. | (c) |
| 7. | (a) | 8. | (b) | 9. | (b) | 10. | (d) | 11. | (a) | 12. | (b) |
| 13. | (d) | 14. | (b) | 15. | (d) |
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