Haryana Judicial Service (Civil Judge) Prelims 2013 Previous Year Question Papers with MCQ Answers

Practice Mode:
20.

In relation to the commission of which of the following offence, the general public does not have a duty under section 39 of C.R.P.C. to give information to the nearest Magistrate or police officer ?

A: Criminal breach of trust by public servant
B: Kidnapping for ransom
C: Mischief by destroying a light-house
D: House-trespass in order to commit offence punishable with imprisonment

The answer is: D

Explanation

According to section 39 of the Code of Criminal Procedure, 1973, every person who is aware of the commission or intention of certain offences under the Indian Penal Code, 1860, has a duty to inform the nearest Magistrate or police officer, unless they have a reasonable excuse. The offences listed in section 39 include offences against the state, public tranquility, illegal gratification, adulteration of food and drugs, offences affecting life, kidnapping for ransom, robbery and dacoity, criminal breach of trust by public servant, mischief against property, house trespass, lurking house trespass, and offences relating to currency notes and bank notes.

Therefore, the correct option is D: House-trespass in order to commit offence punishable with imprisonment, as this offence is not mentioned in section 39. House-trespass is defined in section 441 of the Indian Penal Code, 1860, as entering into or remaining in any building, tent or vessel used as a human dwelling or any building used as a place for worship, or as a place for the custody of property, with intent to commit an offence or to intimidate, insult or annoy any person therein. House-trespass is punishable with imprisonment of either description for a term which may extend to one year, or with fine which may extend to one thousand rupees, or with both.