Test: Criminal Law - 5 - CLAT MCQ

Principle: Nothing is an offence by reason of any harm which it may cause to a person for whose benefit it is done in good faith, even without that person's consent, if the circumstances are such that it is impossible for that person to signify consent, or if that person is incapable of giving consent, and has no guardian or other person in lawful charge of him from whom it is possible to obtain consent in time for the thing to be done with benefit

Facts: Z is carried off by a tiger. A fire at the tiger knowing it to be likely that the shot may kill Z, but not intending to kill Z, and in good faith intending Z's benefit. A's ball give Z a mortal wound.

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. 

Principle: When an act, which would otherwise be a certain offence, is not that offence, by reason of the youth, the want of maturity of understanding, the unsoundness of mind or the intoxication of the person doing that act, or by reason of any misconception on the part of that person, every person has the same right to private defence against that act which he would have if the act were that offence. 

Facts: Z, under the influence of madness, attempts to kill A

Principle: When an act, which would otherwise be a certain offence, is not that offence, by reason of the youth, the want of maturity of understanding, the unsoundness of mind or the intoxication of the person doing that act, or by reason of any misconception on the part of that person, every person has the same right to private defence against that act which he would have if the act were that offence. 

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

Principle: whosoever enters into or upon the property in the possession of another, with intent to commit an offence or to intimidate or annoy any person in possession of the property and remains there with intent thereby to intimidate and annoy another person or with intent to commit an offence is guilty of Criminal trespass

Facts: The accused entered at night into a house to carry on intimate relations with an unmarried major girl on her invitation and information that her family members are absent. However, he was caught by her uncle before he could get away. Is the accused guilty of criminal trespass?

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

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

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.

Principle: The right of private defence is available to a person, for defending his own body and the body of other persons.

Facts: A happens to see B, his brother fighting with C. in fact, they were only playing. At a point when A thought that B was to be felled by C, he kicked C to death. On being charged with murder, A pleads right of private defence. Decide.

Principle: Whoever, intending to take dishonestly any moveable property out of the possession of any person without that person's consent, moves that property in order to such taking, is said to commit theft.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, a government employee in the post office, while assisting in the sorting of letters, he secreted two letters with the intention of handling them to the delivery peon and sharing with him certain money payable upon them. What offence if any has been committed?

Whoever, intending to take dishonestly any moveable property out of the possession of any person without that person's consent, moves that property in order to such taking, is said to commit theft.

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, a rag picker collects plastic bags, metal pieces, and scraps from the garbage heaps of an area adjoining factories. The city development authority lodges a complaint of theft of moveable properties from different parts of the city against A. what offence if any has been committed?

Principle: Whoever intentionally puts any person in fear of any injury to that person, or to any other, and thereby dishonestly induces the person so put in fear to deliver to any person any property or valuable security, or anything signed or sealed which may be converted into a valuable security, commits "extortion".

Facts: A gave his watch for repair to B. Dispute occurred b/w the two over the extra parts replaced by B, which were not included in the earlier estimate. B was unwilling to deliver the watch unless extra payment was made. In the course of a heated argument, A whipped out a knife, seeing which B did not object to the watch being delivered without extra charges. What offence if any has been committed by A?

Principle: Whoever intentionally puts any person in fear of any injury to that person, or to any other, and thereby dishonestly induces the person so put in fear to deliver to any person any property or valuable security, or anything signed or sealed which may be converted into a valuable security, commits "extortion".

Facts: A saw B removing a stereo from a car parked in a locality. A demand Rs. 500 from B, giving him threat that if he didn’t give the money, he would inform the police. B gave the money. What offence if any has been committed?

Principle: Whoever, intending to take dishonestly any moveable property out of the possession of any person without that person's consent, moves that property in order to such taking, is said to commit theft.

Facts: A an elderly man, was employed as maid servant by B, a young woman. B was very negligent and never bothered about her valuables. A being honest and sincere advised B to keep her valuables under lock and key. One day A finding B golden necklace on the table in an open verandah removed the necklace stealthily and concealed the same in the cowshed to teach B a lesson or to cause her a little anxiety. What offence, if any has been committed?

Principle: Whoever, being in any manner entrusted with property, or with any dominion over property, dishonestly misappropriates or converts to his own use that property, or dishonestly uses or disposes of that property in violation of any direction of law prescribing the mode in which such trust is to be discharge, or of any legal contract, express or implied, which he has made touching the discharge of such trust, or willfully suffers any other person so to do, commit "criminal breach of trust".

Facts: A is a warehouse keeper. B going on a Journey entrusts his rare furniture to A under contract that it shall be returned on payment of stipulated sum of money. A dishonestly sells the furniture. What offence if any has been committed?

Principle: Whoever, being in any manner entrusted with property, or with any dominion over property, dishonestly misappropriates or converts to his own use that property, or dishonestly uses or disposes of that property in violation of any direction of law prescribing the mode in which such trust is to be discharge, or of any legal contract, express or implied, which he has made touching the discharge of such trust, or willfully suffers any other person so to do, commit "criminal breach of trust".

Facts: A borrowed a bicycle from his friend. B, promising to return the same within a period of two or three days. He failed to fulfill the promise, disposed of the bicycle and appropriated the proceeds to his own use. What offence, if any has been committed?

Principle: Whoever, being in any manner entrusted with property, or with any dominion over property, dishonestly misappropriates or converts to his own use that property, or dishonestly uses or disposes of that property in violation of any direction of law prescribing the mode in which such trust is to be discharge, or of any legal contract, express or implied, which he has made touching the discharge of such trust, or willfully suffers any other person so to do, commit "criminal breach of trust".

Facts: Z, a railway reservation clerk, openly declared that he will entertain the reservation forms of only those passengers who are willing to give an additional sum of Rs. 25 per ticket as a premium. Z sells 100 tickets and deposited the total ticket amount in railway treasury, but pockets the sum of Rs. 2500/- that he has collected from the passengers as premium. What offence, if any has been committed?

Principle: Negligence is the gross and culpable neglect or failure to exercise reasonable and proper care, and precaution to guard against, and either to the public in general or to an individual in particular, which a reasonable man would have adopted Principle: whoever causes the death of any person by doing any rash or negligent act not amounting to culpable homicide shall be punished

Facts: B started from Delhi on his car to go to Gurgaon, at about 11:30 pm. He was driving at a reasonable speed and quiet carefully. But unfortunately on the way he knocked down two coolies who were lying and sleeping on the road itself. B is prosecuted for causing death of the two coolies by rash and negligent driving under Section 304 A IPC. Can B be convicted? 

Principle: Negligence is the gross and culpable neglect or failure to exercise reasonable and proper care, and precaution to guard against, and either to the public in general or to an individual in particular, which a reasonable man would have adopted 
Principle: whoever causes the death of any person by doing any rash or negligent act not amounting to culpable homicide shall be punished

Facts: A was driving a tourist bus at a fast speed. When he was 100 yards away from a traffic crossing he saw a green signal. In a bid to cross the road, he enhanced the speed but before he could cross the road the green signal turned red, but A continued to drive on and hit B, a school child on the zebra crossing. For what offence can A be convicted?

Principle: Negligence is the gross and culpable neglect or failure to exercise reasonable and proper care, and precaution to guard against, and either to the public in general or to an individual in particular, which a reasonable man would have adopted 
Principle: whoever causes the death of any person by doing any rash or negligent act not amounting to culpable homicide shall be punished

Facts: X takes up a gun not knowing it is loaded. Points in sport at Y and pulls the trigger. Y is shot dead. Can X be convicted for causing death by rash and negligent act?

Principle: Negligence is the gross and culpable neglect or failure to exercise reasonable and proper care, and precaution to guard against, and either to the public in general or to an individual in particular, which a reasonable man would have adopted 
Principle: whoever causes the death of any person by doing any rash or negligent act not amounting to culpable homicide shall be punished

Facts: B was brought unconscious to a private nursing home. In the absence of the surgeon, his attendant, A, entered it as an emergency case and operated upon B’s stomach to extract undigested poisoned food. During the operation, B died. The postmortem report attributed B’s death to improper handling by A such cases independently yet he carried on the experiment as B needed an immediate treatment. Discuss the criminal liability of A.

Principle: Negligence is the gross and culpable neglect or failure to exercise reasonable and proper care, and precaution to guard against, and either to the public in general or to an individual in particular, which a reasonable man would have adopted 
Principle: whoever causes the death of any person by doing any rash or negligent act not amounting to culpable homicide shall be punished

'Facts: A carrying a loaded gun stood quietly in a corner of a public place and was watching a dramatic performance. One of the actors who was playing the part of a drunken dacoit, to enhance the effect of his acting approached A and grappled with him and in the course of the struggles the gun went off and the actor was killed. Is A guilty of negligently act?

Principle:Culpable homicide is not murder of the offender, whilst deprived of the power of self-control by grave and sudden provocation, causes the death of the person who gave the provocation or causes the death of any other person by mistake or accident.

Facts: Sheila informed her friend Roma that her husband Ramu was staying in a local 5 star hotel. Roma took her car and left for the hotel with a revolver. Roma made enquiries from the reception and came to know the room where her husband was staying. Roma entered the room and saw her husband in a compromising position with a lady. Roma became angry and fired a shot at her husband from her revolver, but it missed and killed the lady sitting with Ramu. Roma pleaded the defence of grave and sudden provocation. Whether the accused is guilty of murder?

Principle:Culpable homicide is not murder of the offender, whilst deprived of the power of self-control by grave and sudden provocation, causes the death of the person who gave the provocation or causes the death of any other person by mistake or accident.

Facts: A’s car slightly scratched B’s car on a red light. B shouted and grabbed A by the neck and a fight ensued between them. In the heat of the moment, B strangulated A to death. B is being prosecuted for murder.

Principle: Ignorance of Fact is excused but ignorance of law is no excuse.

Facts: X was a passenger from Zurich to Manila in a Swiss Plane. When the plane landed at the Airport of Bombay on 28 Nov. 1962 it was found on searching that X carried 34 kg of Gold Bars on his person and that he had not declared it in the ‘Manifest for Transit’. On 26th Nov. 1962 the Government of India had issued a notification modifying its earlier exemption, making it mandatory now that the gold must be declared in the “Manifest” of the aircraft.

Assertion (A): X, because of unsound state of mind and not knowing the nature of the act, attacks Y, who in self defense and in order to ward off the attack, hits him thereby injuring him. Y has not committed an offence.
Reason (R): Y had a right of private defense against X under Section 98 of the Indian Penal Code.

Assertion (A): The essence of joint liability under section 149 of the IPC is that the criminal act must have been done with a view to fulfill the common object of an unlawful assembly.

Reason (R): Any sudden and provocative act done by a member of an unlawful assembly would render the other members of that assembly liable.

Y makes an attempt to steal some jewels by breaking open a box and finds, after opening the box, that there is no jewel in it. Choose the appropriate answer.