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Test: Criminal Law - 6


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50 Questions MCQ Test Legal Reasoning for CLAT | Test: Criminal Law - 6

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Test: Criminal Law - 6 - Question 1

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 threatens to publish a defamatory libel concerning Z unless Z gives him money

Test: Criminal Law - 6 - Question 2

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, by putting Z in fear of grievous hurt, dishonestly induces Z to sign or affix his seal to a blank paper and deliver it to A. Z signs and delivers the paper to A.

Test: Criminal Law - 6 - Question 3

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 threatens Z that he will keep Z's child in wrongful confinement; unless Z will sign and deliver to A a promissory note binding Z to pay certain monies to A. Z signs and delivers the note.

Test: Criminal Law - 6 - Question 4

Principle: In all robbery there is either theft or extortion 

When theft is robbery: Theft is "robbery" if, in order to the committing of the theft, or in committing the theft, or in carrying away or attempting to carry away property obtained by the theft, the offender, for that end, voluntarily causes or attempts to cause to any person death or hurt or wrongful restraint, or fear of instant death or of instant hurt, or of instant wrongful restraint. 

When extortion is robbery: Extortion is "robbery" if the offender, at the time of committing the extortion, is in the presence of the person put in fear, and commits the 
Explanation: The offender is said to be present if he is sufficiently near to put the other person in fear of instant death, of instant hurt, or of instant wrongful restraint.

Facts: A holds Z down, and fraudulently takes Z's money and jewels from Z's clothes, without Z's consent.

Test: Criminal Law - 6 - Question 5

Principle: In all robbery there is either theft or extortion 

When theft is robbery: Theft is "robbery" if, in order to the committing of the theft, or in committing the theft, or in carrying away or attempting to carry away property obtained by the theft, the offender, for that end, voluntarily causes or attempts to cause to any person death or hurt or wrongful restraint, or fear of instant death or of instant hurt, or of instant wrongful restraint. 

When extortion is robbery: Extortion is "robbery" if the offender, at the time of committing the extortion, is in the presence of the person put in fear, and commits the 
Explanation: The offender is said to be present if he is sufficiently near to put the other person in fear of instant death, of instant hurt, or of instant wrongful restraint.

Facts: A meets Z on the high roads, show a pistol, and demands Z's purse. Z, in consequence, surrenders his purse.

Test: Criminal Law - 6 - Question 6

Principle: In all robbery there is either theft or extortion 

When theft is robbery: Theft is "robbery" if, in order to the committing of the theft, or in committing the theft, or in carrying away or attempting to carry away property obtained by the theft, the offender, for that end, voluntarily causes or attempts to cause to any person death or hurt or wrongful restraint, or fear of instant death or of instant hurt, or of instant wrongful restraint. 

When extortion is robbery: Extortion is "robbery" if the offender, at the time of committing the extortion, is in the presence of the person put in fear, and commits the 
Explanation: The offender is said to be present if he is sufficiently near to put the other person in fear of instant death, of instant hurt, or of instant wrongful restraint.

Facts: A meets Z and Z's child on the high road. A takes the child, and threatens to fling it down a precipice, unless Z delivers his purse. Z, in consequence, delivers his purse.

Test: Criminal Law - 6 - Question 7

Principle: In all robbery there is either theft or extortion 

When theft is robbery: Theft is "robbery" if, in order to the committing of the theft, or in committing the theft, or in carrying away or attempting to carry away property obtained by the theft, the offender, for that end, voluntarily causes or attempts to cause to any person death or hurt or wrongful restraint, or fear of instant death or of instant hurt, or of instant wrongful restraint. 

When extortion is robbery: Extortion is "robbery" if the offender, at the time of committing the extortion, is in the presence of the person put in fear, and commits the 
Explanation: The offender is said to be present if he is sufficiently near to put the other person in fear of instant death, of instant hurt, or of instant wrongful restraint.

Facts: A obtains property from Z by saying--"Your child is in the hands of my gang, and will be put to death unless you send us ten thousand rupees".

Test: Criminal Law - 6 - Question 8

Principle: In all robbery there is either theft or extortion
Principle: Whoever wrongfully restrains any person in such a manner as to prevent that person from proceeding beyond certain circumscribing limits, is said "wrongfully to confine" that person.
Principle: Whoever commits criminal trespass by 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, is said to commit "house trespass".

Facts: A guard of the ATM booth looted ATM machine after locking up the mechanic who came to repair the machine. Here the guard is committed……

Test: Criminal Law - 6 - Question 9

Principle: In all robbery there is either theft or extortion
Principle: Whoever wrongfully restrains any person in such a manner as to prevent that person from proceeding beyond certain circumscribing limits, is said "wrongfully to confine" that person.
Principle: Whoever commits criminal trespass by 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, is said to commit "house trespass".

Facts: A lady is walking on a road. Suddenly two boys came on a bike and snatched the gold chain of the lady. Here boys have committed the offence of…………..

Test: Criminal Law - 6 - Question 10

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.

Test: Criminal Law - 6 - Question 11

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 being on friendly terms with Z, goes into Z's library in Z's absence, and takes away a book without Z's express consent. Here, A was under the impression that he had Z's implied consent to take the book for the purpose of reading it.

Detailed Solution for Test: Criminal Law - 6 - Question 11

The correct answer is B as he has gone for the purpose of reading only therefore he wil not be liable for theft.

Test: Criminal Law - 6 - Question 12

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 finds a purse with money, not knowing to whom it belongs; he afterwards discovers that it belongs to Z, and appropriates it to his own use

Test: Criminal Law - 6 - Question 13

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. Z going on a journey entrusts his furniture to A, under a contract that it shall be returned on payment of a stipulated sum for warehouse room. A dishonestly sells the goods.

Test: Criminal Law - 6 - Question 14

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, a revenue officer, is entrusted with public money and is either directed by law or bound by a contract, express or implied, with the Government to pay into a certain treasury all the public money which he holds. A dishonestly appropriates the money.

Test: Criminal Law - 6 - Question 15

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, being executor to will of a deceased person, dishonestly disobeys the law which directs him to divide the effect according to the will, and appropriates them to his own use.

Test: Criminal Law - 6 - Question 16

Principle: Whoever, by deceiving any person, fraudulently or dishonestly induces the person so deceived to deliver any property to any person, or to consent that any person shall retain any property, or intentionally induces the person so deceived to do or omit to do anything which he would not do or omit if he were not so deceived, and which act or omission causes or is likely to cause damage or harm to that person in body, mind reputation or property, is said to "cheat".

Explanation: A dishonest concealment of fact is a deception with the meaning of this section.

Facts: A, by falsely pretending to be in Civil Service, intentionally deceives Z, and thus dishonestly induces Z to let him have on credit goods for which he does not mean to pay.

Test: Criminal Law - 6 - Question 17

Principle: Whoever, by deceiving any person, fraudulently or dishonestly induces the person so deceived to deliver any property to any person, or to consent that any person shall retain any property, or intentionally induces the person so deceived to do or omit to do anything which he would not do or omit if he were not so deceived, and which act or omission causes or is likely to cause damage or harm to that person in body, mind reputation or property, is said to "cheat".

Explanation: A dishonest concealment of fact is a deception with the meaning of this section.

Facts: A, by pledging as diamonds articles which he knows are not diamonds, intentionally deceives Z, and thereby dishonestly induces Z to lend money

Test: Criminal Law - 6 - Question 18

Principle: Whoever, by deceiving any person, fraudulently or dishonestly induces the person so deceived to deliver any property to any person, or to consent that any person shall retain any property, or intentionally induces the person so deceived to do or omit to do anything which he would not do or omit if he were not so deceived, and which act or omission causes or is likely to cause damage or harm to that person in body, mind reputation or property, is said to "cheat".

Explanation: A dishonest concealment of fact is a deception with the meaning of this section.

Facts: A sells and conveys an estate to B. A, knowing that in consequence of such sale he has no right to the property, sells or mortgages the same to Z, without disclosing the fact of the previous sale and conveyance to B, and receives the purchase or mortgage money from Z.

Test: Criminal Law - 6 - Question 19

Principle: A person is said to "cheat by personation" if he cheats by pretending to be some other person, or by knowingly substituting one person for another, or representing that he or any other person is a person other than he or such other person really is.

Facts: A cheats B by pretending to be a certain rich banker of the same name 

Test: Criminal Law - 6 - Question 20

Principle: A person is said to "cheat by personation" if he cheats by pretending to be some other person, or by knowingly substituting one person for another, or representing that he or any other person is a person other than he or such other person really is.

Facts: A cheats by pretending to be B, a person who is deceased.

Test: Criminal Law - 6 - Question 21

Principle: A person is said to "cheat by personation" if he cheats by pretending to be some other person, or by knowingly substituting one person for another, or representing that he or any other person is a person other than he or such other person really is.

Facts: Anil called at the houses of a number of persons and contracted with them to make paintings from photographs. He obtained payments in advance but did not work in any case and it appeared that he never had any intention of doing any work.

Test: Criminal Law - 6 - Question 22

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, a soldier, fires on a mob by the order of his superior officer, in conformity with the commands of the law.

Test: Criminal Law - 6 - Question 23

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.

Test: Criminal Law - 6 - Question 24

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: 

PROVIDED

First-- That this exception shall not extend to the intentional causing of death, or to the attempting to cause death;

Secondly--That this exception shall not extend to the doing of anything which the person doing it knows to be likely to cause death, for any purpose other than the preventing of death or grievous hurt, or the curing of any grievous disease or infirmity;

Thirdly--That this exception shall not extend to the voluntary causing of hurt, or to the attempting to cause hurt, for any purpose other than preventing of death or hurt;

Fourthly--That this exception shall not extend to the abetment of any offence, to the committing of which offence it would not extend.

Facts: Z is carried off by a tiger. A fired 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.

Test: Criminal Law - 6 - Question 25

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: 

PROVIDED

First-- That this exception shall not extend to the intentional causing of death, or to the attempting to cause death;

Secondly--That this exception shall not extend to the doing of anything which the person doing it knows to be likely to cause death, for any purpose other than the preventing of death or grievous hurt, or the curing of any grievous disease or infirmity;

Thirdly--That this exception shall not extend to the voluntary causing of hurt, or to the attempting to cause hurt, for any purpose other than preventing of death or hurt;

Fourthly--That this exception shall not extend to the abetment of any offence, to the committing of which offence it would not extend.

Facts: A, a surgeon, sees a child suffer an accident which is likely to prove fatal unless an operation be immediately performed. There is no time to apply to the child's guardian. A performs the operation in spite of the entreaties of the child, intending of good faith, the child's benefit.

Test: Criminal Law - 6 - Question 26

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 don e with benefit: 

PROVIDED

First-- That this exception shall not extend to the intentional causing of death, or to the attempting to cause death;

Secondly--That this exception shall not extend to the doing of anything which the person doing it knows to be likely to cause death, for any purpose other than the preventing of death or grievous hurt, or the curing of any grievous disease or infirmity;

Thirdly--That this exception shall not extend to the voluntary causing of hurt, or to the attempting to cause hurt, for any purpose other than preventing of death or hurt;

Fourthly--That this exception shall not extend to the abetment of any offence, to the committing of which offence it would not extend.

Facts: A is in a house which is on fire, with Z, a child. People below hold out a blanket. A drops the child from the house top, knowing it to be likely that the fall may kill the child, but not intending to kill the child, and intending in good faith, the child's benefit. Here, even if the child is killed by the fall.

Test: Criminal Law - 6 - Question 27

Principle: If in the exercise of the right of private defence against an assault which reasonably causes the apprehension of death, the defender is so situated that he cannot effectually exercise that right without risk of harm of an innocent person; his right of private defence extends to the running of that risk.

Facts: A is attacked by a mob who attempts to murder him. He cannot effectually exercise his right of private defence without firing on the mob, and he cannot fire without risk of harming young children who are mingled with the mob. 

Test: Criminal Law - 6 - Question 28

Principle: (I) Any person may use reasonable force in order to protect his property or person

(II) However the force employed must be proportionate to the apprehended danger

Facts: Varun was walking on a lonely road. Madhur came with a knife and said to Varun, “Your life or your purse”. Varun pulled out his revolver. On seeing it Madhur ran. Varun shot Madhur on his legs.

Detailed Solution for Test: Criminal Law - 6 - Question 28 Here madhur was frightened and was running.so far in need not shoot him to protect himself.According to principle one should use reasonable force only to protect him.
Test: Criminal Law - 6 - Question 29

Principle: one has right to defend his life and property against criminal harm provided it is not possible to approach public authorities and more harm than is necessary has not been caused to avert the danger.

Facts: The farm of X on the outskirts of the Delhi was attacked by a gang of armed robbers. X without informing the police, at first warned the robbers by firing in the air. As they were fleeing from the farm, he fired and killed one of them. At the trial-

I. X can avail the right of private defence as he was defending his life and property
II. X cannot avail the right as he failed to inform the police
III. X cannot avail the right as he caused more harm than was necessary to ward off the danger
IV. X can avail of the right as at first he only fired in the air.

Test: Criminal Law - 6 - Question 30

Principle: A person abets the doing of a thing, who--First--Instigates any person to do that thing; orSecondly--Engages with one or more other person or persons in any conspiracy for the doing of that thing, if an act or illegal omission takes place in pursuance of that conspiracy, and in order to the doing of that thing; orThirdly--Intentionally aids, by any act or illegal omission, the doing of the thing.Explanation 1: A person who, by willful misrepresentation, or by willful concealment of a material fact which he is bound to disclose, voluntarily causes of procures, or attempts to cause or procure, a thing to be done, is said to instigate the doing of that thing.Explanation 2: Whoever, either prior to or at the time of the commission of an act, does anything in order to facilitate the commission of that act, and thereby facilitates the commission thereof, is said to aid the doing of that act.Principle: A person abets an offence, who abets either the commission of an offence, or the commission of an act which would be an offence, if committed by a person capable by law of committing an offence with the same intention or knowledge as that of the abettor.Explanation 1: The abetment of the illegal omission of an act may amount to an offence although the abettor may not himself be bound to do that act.Explanation 2: To constitute that offence of abetment it is not necessary that the act abetted should be committed, or that the effect requisite to constitute the offence should be caused.

Facts: A instigates B to murder C. B refuses to do so.

Test: Criminal Law - 6 - Question 31

Principle: A person abets the doing of a thing, who--

First--Instigates any person to do that thing; or

Secondly--Engages with one or more other person or persons in any conspiracy for the doing of that thing, if an act or illegal omission takes place in pursuance of that conspiracy, and in order to the doing of that thing; or

Thirdly--Intentionally aids, by any act or illegal omission, the doing of the thing.

Explanation 1: A person who, by willful misrepresentation, or by willful concealment of a material fact which he is bound to disclose, voluntarily causes of procures, or attempts to cause or procure, a thing to be done, is said to instigate the doing of that thing.

Explanation 2: Whoever, either prior to or at the time of the commission of an act, does anything in order to facilitate the commission of that act, and thereby facilitates the commission thereof, is said to aid the doing of that act.

Principle: A person abets an offence, who abets either the commission of an offence, or the commission of an act which would be an offence, if committed by a person capable by law of committing an offence with the same intention or knowledge as that of the abettor. 

Explanation 1: The abetment of the illegal omission of an act may amount to an offence although the abettor may not himself be bound to do that act.

Explanation 2: To constitute that offence of abetment it is not necessary that the act abetted should be committed, or that the effect requisite to constitute the offence should be caused.

Facts: A instigates B to murder D. B in pursuance of the instigation stabs D. D recovers from the wound.

Test: Criminal Law - 6 - Question 32

Assertion: crime is punishable because it is provided in the law

Reason: crime is revolting to the moral sense of the society.

Test: Criminal Law - 6 - Question 33

Principle: Doctrine of double jeopardy: No person shall be prosecuted and punished for the same offence twice

Facts: Manav bought some gold into India without making any declaration to custom department on the airport. The custom authorities confiscated the gold under the sea customs act. Manav was later charged for having committed an offence under Foreign exchange regulation act (FERA).

Test: Criminal Law - 6 - Question 34

Assertion: every person should have the freedom of speech and expression.

Reason: if a person is stopped from speaking then mankind will lose the truth

Detailed Solution for Test: Criminal Law - 6 - Question 34

The correct option is A.
It is clear from the question itself.
‘ if a person is stopped from speaking then mankind will lose the truth’ that why ‘every person should have the freedom of speech and expression.’

Test: Criminal Law - 6 - Question 35

A with an intention to pick pocket puts his hand into B pocket. B had a loaded pistol in his pocket. The thief touches the pistol and trigger goes on, whereby B is shot dead. 

Test: Criminal Law - 6 - Question 36

A denied food to his wife B for several days by keeping her confined in a room with an intention to accelerate her death. B ultimately managed to escape.

Test: Criminal Law - 6 - Question 37

X having sufficient food does not provide some food to a beggar who dies of hunger. X is the guilty of 

Detailed Solution for Test: Criminal Law - 6 - Question 37

The correct option is A.
X has no responsibility towards the beggar.

Test: Criminal Law - 6 - Question 38

X along with four others armed hoodlums seizes the child of Y and threatens to kill him unless Y parts with his watch and diamond ring. X has committed the offence of 

Test: Criminal Law - 6 - Question 39

A is invited by B for a cup of tea. While B is in the kitchen preparing tea, A finds a golden ring on the table. He picks it up and places it somewhere in the room with the intention of dishonestly taking it away some time later. A commits 

Test: Criminal Law - 6 - Question 40

Beyond what distance from the coast, is the sea known as “High Sea”?

Test: Criminal Law - 6 - Question 41

The offence of theft becomes robbery when it is 

Detailed Solution for Test: Criminal Law - 6 - Question 41

The correct option is D.
Theft, in simple words, means taking a movable property out a person’s lawful possession without his consent. Robbery generally takes place when, while committing theft or moving the property subject of theft, the offender:
(a) voluntarily causes or attempts to cause death/hurt/wrongful restraint to any person, or
(b) voluntarily causes or attempts to cause fear of instant death/hurt/wrongful restraint.
In other words, theft becomes robbery when the offender commits any of the above two acts while committing theft. It can also happen when he completes the theft and tries to move the property away.

Test: Criminal Law - 6 - Question 42

Principle: Voluntary drunkenness is not a defence under section 85 and 86 IPC 

Facts: A has in his possession a bottle of poisonous lotion for external application and a bottle of medicine for internal use. A in a drunken condition gives to his child an ounce of the poisonous lotion to drink as a result of which the child died. Is A guilty of any offence?

Test: Criminal Law - 6 - Question 43

Principles: (1) Any person may use reasonable force in order to protect his property or person.
(2) However, the force employed must be proportionate to the apprehended danger.

Facts: Krishna was walking on a lonely road. Maniyan came with a knife and said to Krishna, "Your life or your purse". Krishna pulled out his revolver. On seeing it, Maniyan ran. Krishna shot Maniyan in his legs. Decide. 

Detailed Solution for Test: Criminal Law - 6 - Question 43

The force employed was way more than the danger level as Maniyan started to run away from Krishna. As the threat was reduced and was continuously reducing, there was no need to shoot Maniyan in the Legs.

Test: Criminal Law - 6 - Question 44

Principle: Bigamy is punishable under Section 494 IPC. 

Facts: A believing, she was not validly married to B, deserts him and marries C. Has she committed bigamy?

Test: Criminal Law - 6 - Question 45

Principles 1: Any person who interferes with the discharge of duties by a public servant is liable for punishment.
Principles 2: Nothing is an offence if the person who committed it was winnable to appreciate the consequences of his act, due to intoxication, provided such intoxication was administered against his will and without his consent. (NLS 1990)

Facts: Krishna got drunk of his own volition and on his way back home he assaulted a policeman. He is prosecuted for intimidating a public servant.

Is Mr. Krishna liable for punishment"?

Detailed Solution for Test: Criminal Law - 6 - Question 45

The Defense of Intoxication is available in the Indian Penal Code when the said state is not caused by voluntary Act. Krishna Drunk on his volition and hence his Act is punishable.

Test: Criminal Law - 6 - Question 46

Who bears the burden of proof in criminal proceedings?

Detailed Solution for Test: Criminal Law - 6 - Question 46

The burden of proof means the requirement on a party to adduce sufficient evidence to persuade the fact-finder (the magistrates or the jury), to a standard set by law, that a particular fact is true. Logically then the burden cannot fall on either the judge or the jury. Although the defendant may be allocated a proof burden in respect of an element of a defence, he cannot be made to prove his innocence (see Woolmington (1935) and Article 6(2) of the European Convention on Human Rights).

Test: Criminal Law - 6 - Question 47

Principle: Whoever, intending to take dishonestly any property out of the possession of another person, moves that property for such taking, is said to commit theft.


Facts: Suresh went into the house of his friend Ramesh to discuss some important matter. Since Ramesh was not at home, Suresh waited for him in the latter's drawing room. When Ramesh did not turn up, Suresh took out a pen from Ramesh's table and wrote down a message and went home. While going back, by force of habit, he just dropped the pen into the pocket. Subsequently, he forgot about it. Since the pen happened to be very valuable one, Ramesh complained to the police and the police traced the pen in Suresh's house. Is Suresh liable for theft?

Detailed Solution for Test: Criminal Law - 6 - Question 47

Dishonest intention is clearly absent from the Act of Suresh. Without Dishonest intention, the act of Theft does not take place. Hence, Suresh is not liable.

Test: Criminal Law - 6 - Question 48

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.

Test: Criminal Law - 6 - Question 49

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

Detailed Solution for Test: Criminal Law - 6 - Question 49

A is not liable as he only planned to kill B by poisoning him but wasn't successful.

and the principle clearly states that preparation is not offense.

The boy consuming poison is outside the purview of the principle, hence will not affect our answer.

Test: Criminal Law - 6 - Question 50

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

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