Medical Jurisprudence — MCQs

Medical Jurisprudence Indian Medical PG Practice Questions and MCQs

Question 261: Punishment for voluntarily causing grievous hurt comes under -

A. S. 324 IPC
B. S. 325 IPC (Correct Answer)
C. S. 322 IPC
D. S. 323 IPC

Explanation: ***S. 325 IPC (Correct Answer)*** - This section specifically deals with **punishment for voluntarily causing grievous hurt** - Prescribes imprisonment for a term which may extend to **7 years and fine** - Directly addresses the question asking about punishment provisions *S. 324 IPC* - Deals with **voluntarily causing hurt by dangerous weapons or means** - Focuses on the **method/instrument used** rather than the punishment for grievous hurt itself - Different offense with different sentencing provisions *S. 322 IPC* - Provides the **definition of voluntarily causing grievous hurt** - Defines the act but does **not prescribe punishment** - The actual punishment provision is found in S. 325 IPC *S. 323 IPC* - Covers **punishment for voluntarily causing simple hurt** - Applies to general hurt which is **less severe than grievous hurt** - Maximum punishment is only 1 year imprisonment

Question 262: Punishment for murder by a life convict is currently under

A. 303 IPC
B. 302 IPC (Correct Answer)
C. 299 IPC
D. 304 IPC

Explanation: ***302 IPC*** - Section **302 of the Indian Penal Code** prescribes the punishment for murder. - This section details the penalties, including **life imprisonment** or death, for committing murder, regardless of the convict's prior status. *303 IPC* - Section **303 of the IPC** dealt with punishment for murder by a life convict but was declared **unconstitutional** in 1983. - It mandated a **death sentence** for life convicts committing murder, which was deemed arbitrary. *299 IPC* - Section **299 of the IPC** defines **culpable homicide**. - It distinguishes culpable homicide from murder based on the **intent** and knowledge of causing death. *304 IPC* - Section **304 of the IPC** prescribes punishment for **culpable homicide not amounting to murder**. - This section applies when the offense of causing death does not meet the higher criteria for murder.

Question 263: A witness, who after taking oath, willfully makes a statement which he knows or believes to be false is guilty of offence under section:

A. 192 IPC
B. 193 IPC (Correct Answer)
C. 191 IPC
D. 190 IPC

Explanation: ***193 IPC*** - **Section 193 of the Indian Penal Code (IPC)** is the substantive offense provision that prescribes **punishment for giving false evidence** in a judicial proceeding. - Making a false statement under oath, knowing it to be false, makes a person **guilty under Section 193 IPC**, which provides for imprisonment up to 7 years and fine. - This is the operative section under which prosecution is initiated for perjury. *191 IPC* - **Section 191 IPC** defines what constitutes "giving false evidence" - it describes the act but does not prescribe punishment. - While the question describes an act that fits Section 191's definition, the person is charged and found guilty under **Section 193**, which is the punishment provision. - Section 191 is a definitional section, not the offense section itself. *192 IPC* - **Section 192 IPC** deals with **fabricating false evidence**, which involves creating or manufacturing evidence (making false entries in documents, causing circumstances to exist, etc.). - This focuses on the act of *fabricating* rather than directly *giving* a false statement under oath in proceedings. *190 IPC* - **Section 190 IPC** deals with **threat of injury** to induce a person to refrain from applying for protection to a public servant. - This section is entirely unrelated to giving false evidence or making false statements under oath.

Question 264: Sec. 176 CrPC is related to?

A. Summons
B. Coroner inquest
C. Magistrate inquest (Correct Answer)
D. Police inquest

Explanation: ***Magistrate inquest*** - Section 176 of the CrPC (Code of Criminal Procedure) specifically deals with the **inquiry by a Magistrate into the cause of death** in certain circumstances. - This section outlines the powers and procedures for a Magistrate to hold an inquest, particularly in cases involving death in police custody, or where there is suspicion of foul play, etc. *Summons* - Summons are dealt with under a different part of the CrPC, primarily starting from **Section 61**, which details the form and service of summons. - They are legal documents compelling an individual to appear in court, and are not related to the inquiry into the cause of death. *Coroner inquest* - While coroner inquests serve a similar purpose of inquiring into the cause of death, the term "coroner" is not primarily used in the Indian legal system; instead, **Magistrates primarily conduct such inquiries**. - The procedure and authority for these inquiries are laid out in the CrPC, which designates the role to Magistrates rather than coroners. *Police inquest* - Police inquests are conducted under **Section 174 CrPC**, where the police investigate the apparent cause of death, often in cases of suicide, accidental death, or when there is doubt about the cause. - While police conduct an initial inquiry and prepare a report, a Magistrate's inquest under Section 176 comes into play when there are specific suspicious circumstances or custodial deaths, providing an additional layer of scrutiny.

Question 265: What is the maximum punishment under Section 304-A IPC for causing death by negligence?

A. 3 years
B. 2 years (Correct Answer)
C. 1 year
D. 4 years

Explanation: **2 years** - Section 304A of the **Indian Penal Code (IPC)** specifically dealt with causing **death by negligence** and prescribed a maximum imprisonment of **two years** (as per law applicable in 2015). - This section was applied in cases where death was caused by a rash or negligent act not amounting to culpable homicide. - **Note:** Section 304A IPC has been replaced by Section 106 of the Bharatiya Nyaya Sanhita (BNS) 2023, which prescribes a maximum of 5 years imprisonment. However, for this NEET-2015 question, the answer reflects the law as it existed at that time. *3 years* - While some offenses in the IPC carried a punishment of 3 years, **death by negligence** under Section 304A did not fall into this category (as per 2015 law). - More severe forms of culpable homicide not amounting to murder would attract higher penalties, but not simple negligence. *1 year* - A punishment of **one year** was too lenient for causing death by negligence, as the potential harm is significant. - The law recognized the gravity of causing death, even if unintentional, by imposing a more substantial penalty. *4 years* - A punishment of **four years** would have extended beyond the maximum prescribed limit for causing death by negligence under **Section 304A IPC** (as per 2015 law). - Such a sentence would typically be reserved for more serious offenses with a higher degree of intent or culpability.

Question 266: Police inquest is most straightforward in:

A. Death by animals
B. Homicidal death
C. Suicidal death (Correct Answer)
D. Dowry death

Explanation: ***Suicidal death*** - Suicidal deaths with clear evidence (suicide note, history of depression, consistent physical findings) are typically the **most straightforward** for police inquest among unnatural deaths. - The investigation primarily focuses on **confirming self-infliction** and ruling out foul play, which is relatively simple when circumstances are clear and consistent. - Unlike homicide, there is **no perpetrator to identify**, and unlike dowry death, there are no complex familial or legal entanglements to investigate. - The inquest becomes straightforward when evidence is consistent: method matches injuries, suicide note is present, and witness statements corroborate suicidal intent. *Death by animals* - Death by animal attacks involves **complex liability investigations** including determining provocation, owner negligence, and whether proper safety measures were in place. - Requires investigation into whether the animal was **improperly restrained**, whether the victim provoked the attack, and potential criminal/civil liability of the owner. - Scene reconstruction and expert veterinary input may be needed, making it more complex than straightforward suicide cases. *Homicidal death* - Homicidal deaths involve **intentional killing by another person**, requiring extensive investigation into motive, suspects, weapon identification, and evidence collection. - These are the **most complex inquests**, involving forensic analysis, witness interviews, crime scene reconstruction, and protracted legal proceedings. *Dowry death* - Dowry deaths under Section 304B IPC are **highly complex**, involving investigation of harassment, dowry demands, and family dynamics over an extended period. - Requires proving that death occurred within **7 years of marriage** and was connected to dowry demands, often involving multiple suspects and sensitive family investigations.

Question 267: Cognizable offence comes under which section of CrPC? (NEET 13)

A. 1 (a)
B. 2 (c) (Correct Answer)
C. 2 (b)
D. 2 (1)

Explanation: ***Option 2 (c)*** - Section **2(c)** of the Criminal Procedure Code (CrPC) defines a **cognizable offense**. - A cognizable offense is one in which a police officer may **arrest without a warrant** and commence investigation without the permission of a magistrate. *Option 1 (a)* - This section reference is incorrect as there is no relevant definition under **Section 1(a)** that pertains to cognizable offenses. - Section 1 of CrPC deals with the **short title, extent, and commencement** of the code, not definitions. *Option 2 (b)* - Section **2(b)** of the CrPC defines "**charge**." - A charge includes any **head of a charge** when the charge contains more than one head. *Option 2 (1)* - This section reference is not a standard way of citing definitions within the CrPC (should be lowercase alphabet). - Even if interpreted as **Section 2(l)**, it defines **"non-cognizable offense"**, which is the opposite of what the question asks.

Question 268: In the context of forensic medicine and medical jurisprudence, as per Section 304B of the Indian Penal Code (Dowry Death), the penalty awarded in case of death is imprisonment for:

A. 7 years to life imprisonment (Correct Answer)
B. 10 years to life imprisonment
C. 5 to 10 years
D. 7 to 10 years

Explanation: ***7 years to life imprisonment*** - **Section 304B of the Indian Penal Code** (introduced by the Dowry Prohibition Amendment Act, 1986) prescribes the punishment for dowry death - The penalty is imprisonment for a term which shall **not be less than seven years** but which **may extend to imprisonment for life** - This stringent punishment reflects the seriousness with which dowry-related deaths are treated under Indian law - Dowry death is defined as death of a woman within 7 years of marriage under abnormal circumstances where she was subjected to cruelty or harassment for dowry demands *10 years to life imprisonment* - This range is not the stipulated penalty under **Section 304B IPC** - The statutory **minimum** for dowry death is **7 years**, not 10 years - While the maximum can extend to life imprisonment, the minimum threshold is incorrect in this option *5 to 10 years* - This range is insufficient for the offense of **dowry death** - Section 304B IPC mandates a **minimum of 7 years** imprisonment, making this option legally incorrect - The maximum penalty can extend to **life imprisonment**, not just 10 years *7 to 10 years* - While **7 years** correctly represents the minimum sentence, the maximum is understated - The law permits punishment extending to **life imprisonment**, not merely 10 years - This option fails to capture the full sentencing range prescribed under Section 304B IPC

Question 269: Testamentary capacity refers to:

A. Right to vote
B. Ability to give evidence
C. Ability to make a valid will (Correct Answer)
D. Criminal liability

Explanation: ***Ability to make a valid will*** - **Testamentary capacity** is a legal term describing the mental ability a person must have to make or alter a valid will. - It involves understanding the nature of the act, the extent of one's property, and the natural objects of one's bounty (i.e., who would normally inherit). *Right to vote* - The **right to vote** is known as suffrage and is governed by electoral laws, which are distinct from the legal requirements for making a will. - This capacity is related to citizenship and age, not the complex cognitive functions required for testamentary capacity. *Ability to give evidence* - The capacity to give **evidence** in court is known as witness competency, which assesses a person's ability to perceive, remember, and communicate events accurately. - While both involve mental faculties, the specific legal criteria and context for giving evidence differ from those for making a will. *Criminal liability* - **Criminal liability** refers to being held responsible for a crime and depends on factors such as mens rea (guilty mind) and actus reus (guilty act). - This concept is entirely separate from the civil legal concept of creating a valid will.

Question 270: Hurt is defined under section:

A. 319 IPC (Correct Answer)
B. 320 IPC
C. 321 IPC
D. 323 IPC

Explanation: ***319 IPC*** - Section **319 of the Indian Penal Code (IPC)** defines the term "hurt" as causing bodily pain, disease, or infirmity to any person. - This section lays the foundational legal definition, distinguishing simple hurt from grievous hurt. *320 IPC* - Section 320 of the IPC defines **"grievous hurt"**, listing eight specific types of injuries considered severe. - This section details more serious injuries, such as emasculation, permanent privation of sight, or fracture of a bone, which are distinct from simple hurt. *321 IPC* - Section 321 of the IPC deals with **"voluntarily causing hurt"**, which is the act of intentionally causing hurt to someone. - This section describes the mental element (intention) required for the offense of causing hurt. *323 IPC* - Section 323 of the IPC prescribes the **punishment for voluntarily causing hurt**, which is imprisonment for a term that may extend to one year, or with fine up to one thousand rupees, or both. - This section outlines the legal consequence for the act of voluntarily causing simple hurt, rather than defining hurt itself.

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