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41. ‘A’ is having joint property with ‘Z’ in a horse. ‘A’ shoots the horse

‘A’ is having joint property with ‘Z’ in a horse. ‘A’ shoots the horse with the intention to cause wrongful loss to ‘Z’. ‘A’ has committed which one of the following offences ?

Breach of trust

Trespass of property

Mischief

Criminal misappropriation

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The correct answer is (C) Mischief.

The act of damaging property with the intention to cause wrongful loss to another person constitutes the offence of mischief under Section 425 of the Indian Penal Code (IPC). Even if the property is jointly owned, causing damage to it with the intent to cause loss to the co-owner falls within the definition of mischief.

Section 425 IPC defines mischief as “Whoever with intent to cause, or knowing that he is likely to cause, wrongful loss or damage 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’.” The fact that the property is jointly owned does not exempt a co-owner from committing mischief if their actions cause wrongful loss or damage to the other co-owner’s interest.

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42. Whoever voluntarily assists in concealing or disposing of property whi

Whoever voluntarily assists in concealing or disposing of property which he knows to be stolen, shall :

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not be liable for any offence under the Indian Penal Code, 1860.

be punished with simple imprisonment, which may extend to three years or with fine.

be punished with imprisonment of either description which may extend to three years or with fine or with both.

be punished with simple imprisonment, which may extend to five years or with fine.

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Whoever voluntarily assists in concealing or disposing of property which he knows to be stolen, shall be punished with imprisonment of either description which may extend to three years or with fine or with both.

– This act is defined as an offence under Section 414 of the Indian Penal Code, 1860, which deals with assisting in the concealment of stolen property.
– The section specifies the punishment for this offence.
– The maximum term of imprisonment is three years.
– The imprisonment can be of ‘either description’ (simple or rigorous).
– Fine or both imprisonment and fine can also be imposed.

– Section 410 defines ‘stolen property’. Section 411 deals with dishonestly receiving stolen property. Section 414 covers assisting in its concealment or disposal.

43. ‘A’, a Revenue Officer, is entrusted with public money and is either d

‘A’, a Revenue Officer, is entrusted with public money and is either directed by law, or bound by a contract, express or implied, with the Government, to pay into a certain treasury all the public money which he holds. ‘A’ dishonestly appropriates the money. ‘A’ has committed the offence of :

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theft of public money.

criminal misappropriation.

criminal breach of trust.

cheating.

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‘A’ has committed the offence of criminal breach of trust.

– Section 405 of the Indian Penal Code, 1860 defines criminal breach of trust. It applies when someone is entrusted with property or dominion over property and dishonestly misappropriates or converts it to their own use, or dishonestly uses or disposes of it in violation of law or contract.
– In this scenario, ‘A’ (Revenue Officer) is entrusted with public money and is bound by law or contract to pay it into the treasury. By dishonestly appropriating the money, ‘A’ violates this trust and duty.

– Criminal breach of trust is a distinct offence from theft, criminal misappropriation, or cheating, although they all involve dishonesty with respect to property. The key element in criminal breach of trust is the initial entrustment of property.

44. What is the punishment prescribed for the offence of theft under Secti

What is the punishment prescribed for the offence of theft under Section 379 of the Indian Penal Code, 1860 ?

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Imprisonment of either description for a term which may extend to five years or with fine, or with both

Simple imprisonment for a term which may extend to five years or with fine, or with both

Simple imprisonment for a term which may extend to three years or with fine, or with both

Imprisonment of either description for a term which may extend to three years or with fine, or with both

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UPSC CISF-AC-EXE – 2022

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The punishment prescribed for the offence of theft under Section 379 of the Indian Penal Code, 1860 is imprisonment of either description for a term which may extend to three years, or with fine, or with both.

– Section 379 of the IPC specifically deals with the punishment for theft.
– The maximum term of imprisonment is three years.
– The imprisonment can be of ‘either description’ (simple or rigorous).
– Fine or both imprisonment and fine can also be imposed.

– ‘Either description’ of imprisonment means that the court can award either simple imprisonment (ordinary labour) or rigorous imprisonment (hard labour).

45. ‘A’ cut down a tree on ‘B’s ground, with the intention of dishonestly

‘A’ cut down a tree on ‘B’s ground, with the intention of dishonestly taking the tree out of ‘B’s possession without ‘B’s consent. Which one of the following statements is correct ?

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‘A’ commits no offence because the tree is an immovable property.

‘A’ commits criminal breach of trust.

‘A’ committed theft as soon as he severed the tree in order to such taking.

‘A’ committed an attempt to theft.

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‘A’ committed theft as soon as he severed the tree in order to such taking.

– Section 378 of the Indian Penal Code, 1860 defines theft. It applies to movable property.
– Explanation 1 to Section 378 clarifies that a thing attached to the earth is not movable property, but it becomes capable of being the subject of theft as soon as it is severed from the earth.
– Illustration (b) under Section 378 is precisely this scenario: cutting down a tree with the intention of dishonestly taking it constitutes theft upon severance.

– Theft is committed when there is dishonest intention to take movable property out of the possession of any person without that person’s consent, and there is a moving of the property in order to effect such taking. In the case of things attached to the earth, severance makes them movable, and the act of severance with the intent to take completes the theft.

46. Where the property seized under Section 102 of the Code of Criminal Pr

Where the property seized under Section 102 of the Code of Criminal Procedure, 1973 is subject to speedy and natural decay and if the person entitled to the possession of such property is unknown or absent, the property may forthwith be sold by auction under the orders of the Superintendent of Police, if the value of such property is :

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more than ₹ 500.

less than ₹ 500.

less than ₹ 1,000.

more than ₹ 1,000.

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Where the property seized under Section 102 of the CrPC is subject to speedy and natural decay and its owner is unknown or absent, it may be sold by auction under the orders of the Superintendent of Police if the value of such property is less than ₹ 500.

– Section 102(3) of CrPC provides for the immediate sale of seized property that is subject to speedy and natural decay or where the owner is unknown/absent, under certain conditions.
– For property with a value less than five hundred rupees, the sale by auction can be ordered by a police officer not below the rank of Superintendent of Police.

– For seized property of a value exceeding ₹500, the matter of disposal typically requires an order from a Magistrate under Section 457 of CrPC if the person entitled to possession is unknown or absent. However, Section 102(3) provides a specific exception for low-value perishable property to facilitate quicker disposal and prevent loss.

47. Who amongst the following can issue a warrant to search the place susp

Who amongst the following can issue a warrant to search the place suspected to contain stolen property, forged document, etc. ?

District Magistrate
Sub-Divisional Magistrate
Magistrate of the First Class

Select the correct answer using the code given below :

1 and 2 only

2 and 3 only

1, 2 and 3

1 and 3 only

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All three listed authorities – District Magistrate, Sub-Divisional Magistrate, and Magistrate of the First Class – are empowered to issue a warrant to search a place suspected to contain stolen property, forged documents, etc.

– Section 94(1) of the Code of Criminal Procedure, 1973 explicitly states that a District Magistrate, Sub-Divisional Magistrate, or a Magistrate of the first class may issue such a warrant.

– Section 94 of CrPC deals with searches for specific items like stolen property, forged documents, counterfeit currency, etc., in suspected places. The warrant authorises a police officer, not below the rank of a constable, to enter and search the place, and seize any such items found.

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48. Under which one of the following situations may dispersal of assembly

Under which one of the following situations may dispersal of assembly by use of civil force not be commanded by any Executive Magistrate or Officer-in-Charge of a police station ?

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For dispersal of an unlawful assembly

Assembly of five or more persons likely to cause a disturbance of public peace

Assembly of five or more persons likely to invite more persons to join

The assembly conduct itself in such a manner as to show a determination not to disperse

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Dispersal of assembly by use of civil force may not be commanded by an Executive Magistrate or Officer-in-Charge of a police station merely because an assembly of five or more persons is likely to invite more persons to join.

– Section 129(1) of CrPC empowers an Executive Magistrate or Officer-in-Charge of a police station to command dispersal of an unlawful assembly, or any assembly of five or more persons likely to cause a disturbance of the public peace.
– Option A (unlawful assembly) and Option B (assembly of five or more persons likely to cause a disturbance of public peace) are explicit grounds for commanding dispersal.
– Option D describes a situation after a command has been given, which may lead to the use of force, but the initial command is based on the assembly being unlawful or likely to disturb public peace.
– Option C, assembly likely to invite more persons to join, is not a direct ground for ordering dispersal using civil force under Section 129(1) unless this gathering or its potential increase also makes it unlawful or likely to cause a disturbance of public peace.

– Section 129 of CrPC pertains to the use of civil force to disperse assemblies. If an assembly, after being commanded to disperse, does not disperse, or conducts itself in a manner showing a determination not to disperse, the Magistrate or Officer-in-Charge may proceed to disperse it by force (Section 129(2)).

49. Under which of the following circumstances may a search warrant be iss

Under which of the following circumstances may a search warrant be issued by a court ?

1. Where such document or thing is not known to the court to be in the possession of any person
2. Where court considers that the purpose of any inquiry or trial or other proceedings under the Code of Criminal Procedure, 1973 will be served by general search

Select the correct answer using the code given below :

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1 only

2 only

Both 1 and 2

Neither 1 nor 2

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Both circumstances mentioned are valid grounds for issuing a search warrant by a court under the Code of Criminal Procedure, 1973.

– Section 93(1)(a) of CrPC allows a court to issue a search warrant if it believes that a person summoned will not produce a document or thing, or if the document/thing is not known to be in the possession of any person (corresponding to point 1).
– Section 93(1)(c) of CrPC allows for a general search or inspection if the court considers that the purposes of any inquiry, trial, or other proceeding will be served by such a search (corresponding to point 2).

– Section 93 of CrPC outlines the power of courts to issue search warrants. The other ground mentioned in Section 93(1)(b) is where the court considers that the purposes of any inquiry, trial, or other proceeding will be served by a search or inspection.

50. Whenever it is necessary to cause a female to be searched, it is essen

Whenever it is necessary to cause a female to be searched, it is essential that the search shall be made by :

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any police officer.

any police officer in the presence of a female.

another female with strict regard to decency.

only a female police officer.

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According to legal provisions, particularly Section 51(2) of the Code of Criminal Procedure, 1973, whenever it is necessary to cause a female to be searched, the search shall be made by another female with strict regard to decency.

– The search of a female must be conducted by another female.
– Strict regard to decency is mandated during such searches.

– This provision aims to protect the dignity and privacy of women during searches conducted by law enforcement authorities. While a female police officer is ideal, the law permits ‘another female’ to conduct the search, ensuring that a male officer does not conduct it directly.