Test: Criminal Law - 4 - CLAT MCQ

Principle: A person is guilty of culpable homicide amounting to murder, if the act by which the death is caused is done with the intention of causing murder. 

Facts: A was suffering from Jaundice and inflammation of the brain and B was in the knowledge of this condition. One day, during a heated argument on some issue, A slapped B in anger. B lost his self control and dealt a severe blow on A’s head. As a result, A died. The police sought to prosecute B for murder.

Principle: A confession made in the court should be free and voluntary. A confession made under pressure is a weak type of evidence. 

Facts: Bunty and Mohan are good students. They are room partners. Mohan becomes friendly with Sohan who is a drug addict. Mohan also start consuming drugs. One day Mohan does not have money to buy drugs. He steals an imported watch of Bunty. Bunty complains to the police. Mohan is arrested. In the lock up, the police tell Mohan that if he confesses he may be released. Mohan confesses in the court.

Principle: The abetment of an offence, being an offence, the abetment of such an abetment is also an offence. 

Facts: A instigates B to instigate C to murder Z. B accordingly instigates C, a lunatic to murder Z and C commits that offence in consequence of B’s instigation.

Principle: Mischief is an injury to the property, with the intention of causing wrongful loss, to any person or public. The person to whom the loss is wrongfully caused by mischief need, not be the owner of the property himself. 

Facts: Tarun has leased his house to Varun for 5 yrs. after one year Tarun requests Varun to vacate the house, but the Varun refuses. Tarun in order to get Varun vacate the house, puts it on fire, but B with the help of neighbors quickly extinguishes the fire before it could really damage the property.

Principle: Preparation is not an offence except the preparation of some special offences. 

Facts: A keeps poisoned halwa in his house, wishing to kill B whom he invited to a party and to whom he wishes to give it. Unknown to A, his only son takes the halwa and dies. In this case

Principle: Ignorance of law is no excuse. 

Facts: A fails to file income tax returns for 10 Yrs. the income tax department issues to him notice to show cause why proceedings should not be initiated against him for the recovery of the income tax due from him with interest and penalty. Advise

Principle: wherever the causing of a certain effect, or an attempt to cause that effect, by an act or by an omission, is an offence, it is to be understood that the causing of that effect partly by an act and partly by an omission is the same offence.

Facts: A intentionally causes B’s death, partly by illegally omitting to give B food and partly by beating B.

Principle: Nothing is an offence which is done by a person who is or who by reason of a mistake of fact and not by reason of a mistake of law in good faith believes himself to be, bound by law to do it.

Facts: A, an officer of a court of justice, being ordered by that court to arrest Y and after due enquiry, believing Z to be Y, arrest Z. 

Principle: Nothing is an offence which is done by accident or misfortune and without any criminal intention or knowledge in the doing of a lawful manner by lawful means and with proper care and caution.
Facts: A is at work with a hatchet; the head flies off and kills a man who is standing by. Here if there was no want of proper caution on the part of A, then

Principle: where anything which is an offence is made up of parts, any of which parts is itself an offence, the offender shall not be punished with the punishment of more than one of such his offences, unless it be so expressly provided.

Facts: A is beating Z and Y jumps in to stop the beating. In the process A intentionally strikes Y. As per Section 71 IPC which of the following should be the punishment.

Principle: Nothing which is not intended to cause death, or grievous hurt, and which is not known by the doer to be likely to cause death or grievous hurt, is an offence by reason of any harm which it may cause, or be intended by the doer to cause, to any person, above eighteen years of age, who has given consent, whether express or implied, to suffer that harm; or by reason of any harm which it may be known by the doer to be likely to cause to any such person who has consented to take the risk of that harm.

Facts: A and Z agree to fence with each other for amusement. In the course of such fencing, may be caused without foul play; and if A, while playing fairly, hurts Z 

Which of the following factor is not essential for offence of theft under IPC?

A had an argument with B and asked her to go leave him alone and go home. B refused and A struck her on the head and rendered her unconscious. A dragged B to the parking lot during which B’s head hit the pavement which caused her death.

X an employee of Y was driving the vehicle which was without insurance. Y was convicted for violation of road traffic act 1988 who was not even driving the vehicle at that time. Y appealed against it in the court.

In case same set of facts attracts a civil suit and also a criminal trial, what should be done?

A is beating Z and Y jumps in to stop beating. In the process A intentionally strikes Y. which of the following should be the punishment?

Principle: No communication made in good faith is an offence by reason of any harm to the person to whom it is made, if it is made for the benefit of that person.

Facts: A, a surgeon, in good faith, communicates to a patient his opinion that he cannot live. The patient dies in consequence of the shock.

Two parties A and B gather together for free fight in order to settle a land dispute and in the process end up inflicting injuries on one another. Here:

Z under the influence of madness attempts to kill A.

A enters by night which he is legally entitled to enter Z in good faith mistaking A to be a burglar attacks him.

A voluntary burns a valuable security belonging to B intending to cause wrongful loss to B.

X, a person signs his own name to a bill of exchange, intending that it may be believed that he bill was drawn by another person of the same name.

Y draws a picture of Z running away with C’s watch, intending it to be believed that Z stole C’s watch.

Principle: Nothing is an offence which is done by a child above seven years of age and under twelve, who has not attained sufficient maturity of understanding to judge of the nature and consequences of his conduct on that occasion.

Facts: A is a nine year old boy who is jealous of his friend B’s many toys. One day while playing at B’s house, he steals one of the B’s smaller toys. Has he committed theft?

Principle: An abettor is liable for the crime of abetment only with regard to the crime which reasonably resulted from his abetment

Facts: A instigates B to burn Z’s house. B sets fire to the house and at the same time commits theft of property there. A is responsible for abetting which of the following crimes?

A, enters a house with the intention of committing theft. But moved by the poverty of the house holder he drops a rupee note and left the place. In this case

Principle: Whoever dishonestly misappropriates or converts to his own use any movable property, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

Facts: A and B, being joint owners of a horse. A takes the horse out of B's possession, intending to use it. Here, as A has a right to use the horse, he does not dishonestly misappropriate it. A sells the horse and appropriates the whole proceeds to his own use.