Punishments MCQ Quiz in বাংলা - Objective Question with Answer for Punishments - বিনামূল্যে ডাউনলোড করুন [PDF]

The correct option is Not more severe punishment than the court could award for any of such offences.

Key Points

• Rules for Assessment of Punishment Section 71 lays down what is known as the law of 'cumulative punishment'.
• Limit of Punishment of Offence made up of Several Offences: 
  • Where an offence is made up of parts, each of which constitutes an offence, the offender is not to be punished for more than one offence unless expressly provided. 
  • Where an offence falls within two or more separate definitions of offences; or where several acts, one or more of which constitute an offence, constitute when combined a different offence, the offender is not to be punished with a more severe punishment than the court which tries him could award for any of such offences (Section: 71).
• Illustrations: 
  • A gives Z fifty strokes with a stick. A commits the offence of voluntarily causing hurt to Z by the whole beating and also by each of the blows. If A were liable to punishment for every blow, he might be imprisoned for 50 years. But, he is liable to one punishment for the whole beating.
  • But if, while A is beating Z, Y interferes and A intentionally strikes Y, here, as the blow given to Y, is not part of the act whereby A voluntarily causes hurt to Z, A is liable to one punishment for voluntarily causing hurt to Z, and to another for the blow given to Y.

Additional Information

• Doubt as to the Nature of Offence:
  • Where it is doubtful as to which of the several offences a person is guilty of, he is punished for the offence for which the lowest imprisonment is provided (Section 72).

The correct answer is option 2.Key Points

• Section 67 of Indian penal code 1860 deals with Imprisonment for non-payment of fine, when offence punishable with fine only.
• If the offence be punishable with fine only, the imprisonment which the Court imposes in default of payment of the fine shall be simple, and the term for which the Court directs the offender to be imprisoned, in default of payment of fine, shall not exceed the following scale, that is to say, for any term not exceeding two months when the amount of the fine shall not exceed fifty rupees, and for any term not exceeding four months when the amount shall not exceed one hundred rupees, and for any term not exceeding six months in any other case.

The correct option is All of the above.

Key Points

• Solitary Confinement:- 'Solitary confinement' means keeping a prisoner thoroughly isolated from any kind of contact with the outside world.
• Solitary confinement may be inflicted for offences punishable with rigorous imprisonment.
• The offender may be kept in solitary confinement for any portion or portions of his term of imprisonment, not exceeding three months in the whole.
• But the solitary confinement must not exceed- 
  • one month, if the term of imprisonment does not exceed six months.
  • two months, if the term of imprisonment exceeds six months but does not exceed one year. 
  • three months, if the term of imprisonment exceeds one year (Section 73).

Additional Information

• In executing a sentence of solitary confinement, such confinement must not exceed fourteen days at a time, with intervals between the periods of solitary confinement of not less duration than such period; and when the imprisonment awarded exceeds three months, the solitary confinement must not exceed seven days in any one month of the whole imprisonment awarded with intervals between the periods of solitary confinement of not less duration than such period (Section 74).
• A sentence of solitary confinement for more than three months cannot be passed even if a person is convicted at one trial of more than one offence.
• Such confinement is awarded for offences under the Code only.
• Even then it cannot be awarded where imprisonment is not part of the sentence or where the imprisonment is instead of fine.
• Solitary confinement must be imposed at intervals.
• A sentence inflicting solitary confinement for the whole term of imprisonment is illegal (even if such a whole term is 14 days or less).

The correct option is Section 71.

Key Points

• Rules for Assessment of Punishment Section 71 lays down what is known as the law of 'cumulative punishment'.
• Limit of Punishment of Offence made up of Several Offences: 
  • Where an offence is made up of parts, each of which constitutes an offence, the offender is not to be punished for more than one offence unless expressly provided. 
  • Where an offence falls within two or more separate definitions of offences; or where several acts, one or more of which constitute an offence, constitute when combined a different offence, the offender is not to be punished with a more severe punishment than the court which tries him could award for any of such offences (Section: 71).
• Illustrations: 
  • A gives Z fifty strokes with a stick. A commits the offence of voluntarily causing hurt to Z by the whole beating and also by each of the blows. If A were liable to punishment for every blow, he might be imprisoned for 50 years. But, he is liable to one punishment for the whole beating.
  • But if, while A is beating Z, Y interferes and A intentionally strikes Y, here, as the blow given to Y, is not part of the act whereby A voluntarily causes hurt to Z, A is liable to one punishment for voluntarily causing hurt to Z, and to another for the blow given to Y.

Additional Information

• Doubt as to the Nature of Offence:
  • Where it is doubtful as to which of the several offences a person is guilty of, he is punished for the offence for which the lowest imprisonment is provided (Section 72).

The correct answer is option 2.Key Points

• Section 73 of Indian Penal Code 1860 deals with solitary confinement.
• It states whenever any person is convicted of an offence for which under this Code the Court has power to sentence him to rigorous imprisonment, the Court may, by its sentence, order that the offender shall be kept in solitary confinement for any portion or portions of the imprisonment to which he is sentenced, not exceeding three months in the whole, according to the following scale, that is to say:
• Not exceeding one month if the term of imprisonment shall not exceed six months;
• Not exceeding two months if the term of imprisonment shall exceed six months and shall not exceed one year
• Not exceeding three months if the term of imprisonment shall exceed one year.

Additional Information

• Section 74 of IPC 1860 deals with limit of solitary confinement.
• In executing a sentence of solitary confinement, such confinement shall in no case exceed fourteen days at a time, with intervals between the periods of solitary confinement of not less duration than such periods; and when the imprisonment awarded shall exceed three months, the solitary confinement shall not exceed seven days in any one month of the whole imprisonment awarded, with intervals between the periods of solitary confinement of not less duration than such periods.

The correct answer is three months.

Key Points

• Section 73 of the Indian Penal Code provides for Solitary Confinement.

It states that —Whenever any person is convicted of an offence for which under this Code the Court has power to sentence him to rigorous imprisonment, the Court may, by its sentence, order that the offender shall be kept in solitary confinement for any portion or portions of the imprisonment to which he is sentenced, not exceeding three months in the whole, according to the following scale, that is to say—

• a time not exceeding one month if the term of imprisonment shall not exceed six months;
• a time not exceeding two months if the term of imprisonment shall exceed six months and shall not exceed one year;
• a time not exceeding three months if the term of imprisonment shall exceed one year. 

The question is based on facts indicated in the illustration below Section 69 of IPC. Termination of imprisonment on payment of proportional part of fine.

Explanation- Section 69 of the Indian penal code gives an insight into this situation where it talks about termination of imprisonment on payment of proportional part of fine and on payment of such proportional part of fine the imprisonment shall terminate to that effect. 

The type of punishment provided under IPC does not include whipping, chemical castration or shaming.

Explanation- Section 69 of the Indian penal code gives a insight into this situation where it talks about termination of imprisonment on payment of proportional part of fine and on payment of such proportional part of fine the imprisonment shall terminate to that effect.