UPHJS2018-II
Pre. Exam

90. In Indian Penal Code, the pronoun "he" and its derivatives are used for:
(a) Male
(b) Female
(c) Any person whether male or female
(d) Such words are not used in the Code

Answer and Notes Answer is C



Explanation: Section 8 of Indian Penal Code provides that the pronoun he and its derivatives are used of any person, whether male or female.

UPHJS2018-II
Pre. Exam

91. Mens rea has no place while determining penal liability under section 138 of the Negotiable Instruments Act, 1881. This statement is :
(a) Correct (b) wrong
(c) Partly correct (d) Depends upon facts of the case

Answer and Notes Answer is A



Explanation: Application of mens rea has been specifically excluded from section 138 Negotiable Instrument Act. It means that only actus reus made punishable without having any reference to guilty mind. As soon as cheque is dishonoured under the provisions of section 138 the penal liability is attracted irrespective of the fact whether or not there was any intention on the part of drawer.