Offences against public tranquility MCQ Quiz in मल्याळम - Objective Question with Answer for Offences against public tranquility - സൗജന്യ PDF ഡൗൺലോഡ് ചെയ്യുക

The correct answer is Option 4.

Key PointsSection 149 of the Indian Penal Code (IPC) defines a common object as the goal or intention of a group of people to commit a criminal act.

Section 141 - Unlawful Assembly —

An assembly of five or more persons is designated an “unlawful assembly”, if the common object of the persons composing that assembly is

• First —To overawe by criminal force, or show of criminal force, the Central or any State Government or Parliament or the Legislature of any State, or any public servant in the exercise of the lawful power of such public servant; or
• Second —To resist the execution of any law, or of any legal process; or
• Third —To commit any mischief or criminal trespass, or other offence; or
• Fourth—By means of criminal force, or show of criminal force, to any person, to take or obtain possession of any property, or to deprive any person of the enjoyment of a right of way, or of the use of water or other incorporeal right of which he is in possession or enjoyment, or to enforce any right or supposed right; or
• Fifth —By means of criminal force, or show of criminal force, to compel any person to do what he is not legally bound to do, or to omit to do what he is legally entitled to do. Explanation —An assembly which was not unlawful when it assembled, may subsequently become an unlawful assembly

Some examples of common object crimes include: Robbery, Burglary, Drug trafficking. 

 

 

Explanation- Section 159 of the Indian penal code describes the offence of affray and one of the essential ingredients of the offence is the act has to be committed at a public place. When two or more persons, by scuffling in a public place, disturb the public peace, they are said to “commit an offence of affray”. The offence of affray is only committed when there are two or more persons indulged in fighting, not merely verbal, and the same conduct disturbed the public peace. Here in the statement B, it says it can be committed at any place, hence this statement stands false. 

Explanation - If the agent or the owner had the knowledge that the riot or the unlawful assembly is going to take place on their property and they don’t take a proper step to prevent it then in that case they will be held responsible. It is their duty to report to the principal officer of the nearest police station. Also if they don’t take any step in order to prevent that then also in that case the owner and the agent will be held responsible. Principle of vicarious liability.

Explanation- Section 34 does not constitute a particular offense but sets out only the principle of joint criminal culpability. Whereas Section 149 generates a particular offense and being a member of an unlawful assembly is itself a criminal offense punishable under Section 143. 

Explanation- Section 159 of the Indian penal code describes the offence of affray and one of the essential ingredients of the offence is the act has to be committed at a public place. When two or more persons, by scuffling in a public place, disturb the public peace, they are said to “commit an offence of affray”. The offence of affray is only committed when there are two or more persons indulged in fighting, not merely verbal, and the same conduct disturbed the public peace. Here in the statement B, it says it can be committed at any place, hence this statement stands false. 

The correct answer is Option 4.

Key Points The word “affray” means a tussle or fighting between two or more persons, and there must be a stroke hit or offered, or a weapon drawn.

• An affray is committed in a public place and strives the terror in the mind of the people.
• Section 159 of the Indian Penal Code provides that ‘Affray’ is defined as “When two or more persons by way of a brawl in a public place, disturb the public peace, they are said to "commit an offence of affray.”
• Section 160: Punishment for committing affray.
  • Whoever commits an affray, shall be punished with imprisonment of either description for a term which may extend to one month, or with fine which may extend to one hundred rupees, or with both.

Babu Ram and Anr. vs. Emperor

• A person was assailed and overpowered by two other persons in a public place. He could have no other way to defend himself. It was held that they were guilty of the offence because the essential of affray was there, fighting in a public place which disturbed the public peace and tranquillity or the atmosphere.

Characteristics of an Affray
A charge of affray can be put to both sides as accused persons since both the fighting groups have deemed to commit the offence.

• The Criminal Procedure Code, 1973 has now made it a cognizable offence.
• It may be tried by any magistrate and by the jury.
• It is a non-compoundable offence.
• It is a bailable offence.

The correct answer is option 3.Key Points

• The section 153A was substituted by Act 35 of 1969.
• The section comes under CHAPTER VIII (OF OFFENCES AGAINST THE PUBLIC TRANQUILLITY) under Cr.P.C.
• Section 153A Sub-section (1) states Whoever:
  • By words, either spoken or written, or by signs or by visible representations or otherwise, promotes or attempts to promote, on grounds of religion, race, place of birth, residence, language, caste or community or any other ground whatsoever, disharmony or feelings of enmity, hatred or ill-will between different religious, racial, language or regional groups or castes or communities, or
  • commits any act which is prejudicial to the maintenance of harmony between different religious, racial, language or regional groups or castes or communities, and which disturbs or is likely to disturb the public tranquillity, or
  • organizes any exercise, movement, drill or other similar activity intending that the participants in such activity shall use or be trained to use criminal force or violence or knowing it to be likely that the participants in such activity will use or be trained to use criminal force or violence, or participates in such activity intending to use or be trained to use criminal force or violence or knowing it to be likely that the participants in such activity will use or be trained to use criminal force or violence, against any religious, racial, language or regional group or caste or community and such
    activity for any reason whatsoever causes or is likely to cause fear or alarm or a feeling of insecurity amongst members of such religious, racial, language or regional group or caste or community
• shall be punished with imprisonment which may extend to three years, or with fine, or with both.
• Under sub-section 2 Whoever commits an offence specified in sub-section (1) in any place of worship or in any assembly engaged in the performance of religious worship or religious ceremonies, shall be punished with imprisonment which may extend to five years and shall also be liable to fine.

 

correct answer is To attract the offence under Section 149 IPC, it must be shown that the accused persons shared the knowledge amongst themselves that the act is likely to be committed in prosecution of the unlawful act.

Key Points

According to section 149 of the IPC If an offence is committed by any member of an unlawful assembly in prosecution of the common object of that assembly, or such as the members of that assembly knew to be likely to be committed in prosecution of that object, every person who, at the time of the committing of that offence, is a member of the same assembly, is guilty of that offence.

The correct answer is Option 3.

Under Section 149 of the Indian Penal Code, 1860-                                                                                                                                                          Every member of unlawful assembly guilty of offence committed in prosecution of common object.                                                                      If an offence is committed by any member of an unlawful assembly in prosecution of the common object of that assembly, or such as the members of that assembly knew to be likely to be committed in prosecution of that object, every person who, at the time of the committing of that offence, is a member of the same assembly, is guilty of that offence.

Thus, in order to attract Section 149 of the Code it must be shown by the prosecution that the

• incriminating act was done to accomplish the common object by such unlawful assembly. 
• must be within the knowledge of the other members as one likely to be committed in furtherance of the common object.