UPHJS2016
Pre. Exam

73. An employer deducting the employees contribution under Employees Provident Fund & Maintenance Provision Act, from the wages payable for credit to the fund, but does not deposit the same with the Fund. He is
guilty of committing :
(a) Criminal misappropriation of property
(b) Criminal breach of trust
(c) theft
(d) cheating

Answer and Notes Answer is B


Sandeep : According to the explanation 1 of section 405 of IPC, a person, being an employer of an establishment, whether exempted under section 17 of the Employees Provident Fund & Miscellaneous Provision Act, 1952 or not, who deducts the Employee"s contribution from the wages payable to the employee for credit to a provident fond or family pension fund established by law for the time being in force shall be deemed to have been entrusted with the amount of the contribution so deducted by him and if he makes default in the payment of such contribution to the said fond in violation of the said law, shall be deemed to have dishonestly used the amount of the said contribution in violation of direction of law as aforesaid.

UPHJS2016
Pre. Exam

90. "A" threatens to publish a defamatory libel concerning "Z" if he does not give him money. He thus induces "Z" to give money and as a result of which "Z" gives money to "A". In this case "A" has committed the offence of :
(a) Defamation
(b) Extortion
(c) Criminal intimidation
(d) Mischief

Answer and Notes Answer is B


Sandeep : This problem is based on illustration (a) of section 383 I PC.

UPHJS2016
Pre. Exam

91. In which of the following case (a) a dishoest misappropriation has not been committed :
1- *A* takes a book from his friend "B"s library for reading it overnight. *B" was not present when "A" took the book. The next day while coming to return the book "A" was tempted to see a movie but had no money, so he pawned the book to pay for the ticket
2- "A" and "B" where joint owners of a horse. "A" took the horse to another station for his exclusive use without informing "B". "A" did not return the horse and when it grew old sold it and pocketed the money.
3- "A" found a purse on the road, he picked it up and kept it in his pocket.
(a) 1 and 2 (b) 2 and 3
(c) 3 alone (d) 1,2 and 3

Answer and Notes Answer is C


Sandeep : According to illustration (a) of Sandeep (2) of section 403 IPC it is clear from the fact that "A" has merely picked up the purse & has not dishonestly misappropriated or converted the purse to his own use, thus "A" has not committed the offence of dishonest misappropriation of property defined & punishable under section 403 IPC.

UPHJS2014
Pre. Exam

13. ‘B’ takes a gold ring of ‘A’ out of ‘A’s possession without ‘A’s consent with the intention of keeping it till ‘A’ gives ‘B’ some money for its restoration to ‘A’, ‘B’ is guilty of-
(A) Cheating
(B) Criminal beach of trust
(C) Criminal misappropriate of property
(D) Theft

Answer and Notes Answer is D

UPHJS2018-1
Pre. Exam

20. A police officer has received a sum of Rs.5000/- against fine from the persons violating traffic rules. Instead of depositing the fine money with State Treasury, he utilized the same for his personal use. What offence under Indian Penal Code, the police officer has committed :
(a) Criminal breach of trust
(b) Mischief
(c) Cheating the Government
(d) None of the above

Answer and Notes Answer is A

Explanation : Present problem is based on illustration (e) of section 405 IPC. Requirements of section 405 IPC are being fulfilled by the present problem. Though illustration (e) is factually different, the essence of the offence is same.

UPHJS2012
Pre. Exam

76. ‘A’ and ‘B’ were about to travel from Allahabad to Delhi by the same train. ‘B’ had two tickets from Allahabad to Aligarh and ‘A’ had a ticket from Allahabad to Delhi ‘A’ voluntarily handed over his ticket to ‘B’ in order to check that it was the right one; ‘B’ under the pretence of returning ‘A’s ticket substituted it by one of his own and kept ‘A’s ticket. What offence did ‘B’ commit?
(A) Theft
(B) Extortion
(C) Criminal misappropriation
(D) Cheating.

Answer and Notes Answer is C



UPHJS2012
Pre. Exam

84. ‘A’ finds a ring belonging to ‘Z’ on a table in the house which ‘Y’ occupies . A dishonestly removes the ring. A has committed which of the following offence?
(A) Criminal breach of trust
(B) Criminal misappropriation of property
(C) Theft
(D) Dishonestly receiving stolen property.

Answer and Notes Answer is C



UPHJS2009
Pre. Exam

51. For an offence of cheating, intention to cheat should be present-
(A) in the end
(B) in the middle
(C) Both the above
(D) from the very beginning

Answer and Notes Answer is D