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.
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.
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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.
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 C. B refuses to do so.
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.
Assertion: crime is punishable because it is provided in the law
Reason: crime is revolting to the moral sense of the society.
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).
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
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.
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.
X having sufficient food does not provide some food to a beggar who dies of hunger. X is the guilty of
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
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
Assertion: A person is not guilty of Dacoity unless he has committed, attempted to commit or aided in committing Robbery.
Reason: when two persons conjointly commit Robbery, then every person so committing Robbery is said to commit Dacoity
A and B, who are cadets in the Indian Air Force, take out from the Bangalore aerodrome an aircraft without the authority of commandant and fly it away to Pakistan. What offence has been committed by them
X sends through his servant a typewriter to be delivered to Y, his friend. The servant takes the typewriter and uses it over a period of time. The servant is guilty of
X, a Doctor, informs his patient Y that he was suffering from cancer. Hearing this Y dies of heart failure. X has not committed any offence because
Z under the influence of madness, attempts to kill A. A hits Z with an iron rod seriously injuring him. in this context which one is correct?
A instigates his six year old daughter B to take away from C, a purse containing Rs. 5000. In this case
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?
Principle: Attempt to murder is punishable under Section 307 IPC, but preparation is not an offence.
Facts: A mixes sugar, thinking that it was poison in the tea meant for B with an intention to cause his death. What offence, if any has been committed by A?
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?
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: By virtue of section 90 IPC, consent given by a person is not consent if given under the following circumstances.
I) If he has given consent under fear of injury or misconception of fact
II) If he is unable to understand the nature and consequence of his consent due to unsoundness of mind or because of intoxication
III) If he is a minor under the age of 12 Yrs.
Facts: A promises B, a woman that he would marry her if she consents to sexual intercourse. She consents and becomes pregnant. When told of her pregnancy A refuses to marry her. What offence has he committed?