Criminal Law Test-9


50 Questions MCQ Test Legal Reasoning for CLAT | Criminal Law Test-9


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This mock test of Criminal Law Test-9 for CLAT helps you for every CLAT entrance exam. This contains 50 Multiple Choice Questions for CLAT Criminal Law Test-9 (mcq) to study with solutions a complete question bank. The solved questions answers in this Criminal Law Test-9 quiz give you a good mix of easy questions and tough questions. CLAT students definitely take this Criminal Law Test-9 exercise for a better result in the exam. You can find other Criminal Law Test-9 extra questions, long questions & short questions for CLAT on EduRev as well by searching above.
QUESTION: 1

Principle: Whoever enters into or upon property in the possession of another with intent to commit an offence or to intimidate, insult or annoy any person in possession of such property, or having lawfully entered into or upon such property, unlawfully remains therewith intent thereby to intimidate, insult or annoy any such person, or with intent to commit an offence, is said to commit "criminal trespass".

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". 

Explanation: The introduction of any part of the criminal trespasser's body is entering sufficient to constitute house-trespass. 

Principle: A person is said to commit "house-breaking" who commits house-trespass if he effects his entrance into the house or any part of it in any of the six ways hereinafter described; or if, being in the house or any part of it for the purpose of committing an offence, or, having committed an offence therein, he quits the house or any part of it in any of such six ways, that is to say:-- 

Firstly--If he enters or quits through a passage made by himself, or by any abettor of the house-trespass, in order to the committing of the house-trespass.

Secondly--If he enters or quits through any passage not intended by any person, other than himself or an abettor of the offence, for human entrance; or through any passage to which he has obtained access by scaling or climbing over any wall or building.

Thirdly--If he enters or quits through any passage which he or any abettor of the house-trespass has opened, in order to the committing of the house-trespass by any means by which that passage was not intended by the occupier of the house to be opened.

Fourthly--If he enters or quits by opening any lock in order to the committing of the house-trespass, or in order to the quitting of the house after a house-trespass.

Fifthly--If he effects his entrance or departure by using criminal force or committing an assault, or by threatening any person with assault.

Sixthly-- If he enters or quits by any passage which he knows to have been fastened against such entrance or departure, and to have been unfastened by himself or by an abettor of the house-trespass.

Facts: A commits house-trespass by making hole through the wall of Z's house, and putting his hand through the aperture.

Solution:
QUESTION: 2

Principle: Whoever enters into or upon property in the possession of another with intent to commit an offence or to intimidate, insult or annoy any person in possession of such property, or having lawfully entered into or upon such property, unlawfully remains therewith intent thereby to intimidate, insult or annoy any such person, or with intent to commit an offence, is said to commit "criminal trespass".

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". 

Explanation: The introduction of any part of the criminal trespasser's body is entering sufficient to constitute house-trespass. 

Principle: A person is said to commit "house-breaking" who commits house-trespass if he effects his entrance into the house or any part of it in any of the six ways hereinafter described; or if, being in the house or any part of it for the purpose of committing an offence, or, having committed an offence therein, he quits the house or any part of it in any of such six ways, that is to say:-- 

Firstly--If he enters or quits through a passage made by himself, or by any abettor of the house-trespass, in order to the committing of the house-trespass.

Secondly--If he enters or quits through any passage not intended by any person, other than himself or an abettor of the offence, for human entrance; or through any passage to which he has obtained access by scaling or climbing over any wall or building.

Thirdly--If he enters or quits through any passage which he or any abettor of the house-trespass has opened, in order to the committing of the house-trespass by any means by which that passage was not intended by the occupier of the house to be opened.

Fourthly--If he enters or quits by opening any lock in order to the committing of the house-trespass, or in order to the quitting of the house after a house-trespass.

Fifthly--If he effects his entrance or departure by using criminal force or committing an assault, or by threatening any person with assault.

Sixthly-- If he enters or quits by any passage which he knows to have been fastened against such entrance or departure, and to have been unfastened by himself or by an abettor of the house-trespass.

Facts: Ishan commits house-trespass by entering Anuj house through a window.

Solution:
QUESTION: 3

Principle: Whoever enters into or upon property in the possession of another with intent to commit an offence or to intimidate, insult or annoy any person in possession of such property, or having lawfully entered into or upon such property, unlawfully remains therewith intent thereby to intimidate, insult or annoy any such person, or with intent to commit an offence, is said to commit "criminal trespass".

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". 

Explanation: The introduction of any part of the criminal trespasser's body is entering sufficient to constitute house-trespass. 

Principle: A person is said to commit "house-breaking" who commits house-trespass if he effects his entrance into the house or any part of it in any of the six ways hereinafter described; or if, being in the house or any part of it for the purpose of committing an offence, or, having committed an offence therein, he quits the house or any part of it in any of such six ways, that is to say:-- 

Firstly--If he enters or quits through a passage made by himself, or by any abettor of the house-trespass, in order to the committing of the house-trespass.

Secondly--If he enters or quits through any passage not intended by any person, other than himself or an abettor of the offence, for human entrance; or through any passage to which he has obtained access by scaling or climbing over any wall or building.

Thirdly--If he enters or quits through any passage which he or any abettor of the house-trespass has opened, in order to the committing of the house-trespass by any means by which that passage was not intended by the occupier of the house to be opened.

Fourthly--If he enters or quits by opening any lock in order to the committing of the house-trespass, or in order to the quitting of the house after a house-trespass.

Fifthly--If he effects his entrance or departure by using criminal force or committing an assault, or by threatening any person with assault.

Sixthly-- If he enters or quits by any passage which he knows to have been fastened against such entrance or departure, and to have been unfastened by himself or by an abettor of the house-trespass.

Facts: Sam commits house-trespass by entering Binny house through the door, having lifted a latch by putting a wire though a hole in the door.

Solution:
QUESTION: 4

Principle: Whoever makes any false document or false electronic record or part of a document or electronic record, with intent to cause damage or injury, to the public or to any person, or to support any claim or title, or to cause any person to part with property, or to enter into any express or implied contract, or with intent to commit fraud or that fraud may be committed, commits forgery.

Facts: A has a letter of credit upon B for rupees 10,000, written by Z. A, in order to defraud B, adds a cipher to the 10,000 and makes the sum 1,00,000/- intending that it may be delivered by B that Z so wrote the letter.

Solution:
QUESTION: 5

Principle: Whoever makes any false document or false electronic record or part of a document or electronic record, with intent to cause damage or injury, to the public or to any person, or to support any claim or title, or to cause any person to part with property, or to enter into any express or implied contract, or with intent to commit fraud or that fraud may be committed, commits forgery.

Facts: A, without Z's authority, affixes Z's seal to a document purporting to be a conveyance of an estate from Z to A, with the intention of selling the estate to B, and thereby of obtaining from B the purchase money.

Solution:
QUESTION: 6

Principle: Whoever makes any false document or false electronic record or part of a document or electronic record, with intent to cause damage or injury, to the public or to any person, or to support any claim or title, or to cause any person to part with property, or to enter into any express or implied contract, or with intent to commit fraud or that fraud may be committed, commits forgery.

Facts: Z's will contains these words "I direct that all my remaining property be equally divided between A, B and C" A dishonestly scratches out B's name, intending that it may be believed that the whole was left to himself and C.

Solution:
QUESTION: 7

Principle: Whoever threatens another with any injury to his person, reputation or property, or to the person or reputation of any one in whom that person is interested, with intent to cause alarm to that person, or to cause that person to do any act which he is not legally bound to do, or to omit to do any act which that person is legally entitled to do, as the means of avoiding the execution of such threat, commits criminal intimidation.

Explanation: A threat to injure the reputation of any deceased person in whom the person threatened is interested, is within this section.

Facts: A, for the purpose of inducing B to desist from prosecuting a civil suit, threatens to burn B's house. 

Solution:
QUESTION: 8

Principle: Whoever attempts to commit an offence punishable by this Code with imprisonment for life or imprisonment, or to cause such an offence to be committed, and in such attempt does any act towards the commission of the offence, shall, where no express provision is made by this Code for the punishment of such attempt, be punished with imprisonment for any description provided for the offence, for a term which may extend to one-half of the imprisonment for life or, as the case may be, one half of the longest term of imprisonment provided for that offence, or with such fine as is provided for the offence, or with both.

Facts: A makes an attempt to pick the pocket of Z by thrusting his hand into Z's pocket. A fails in the attempt in consequence of Z's having nothing in his pocket.

Solution:
QUESTION: 9

Principle: Whoever attempts to commit an offence punishable by this Code with imprisonment for life or imprisonment, or to cause such an offence to be committed, and in such attempt does any act towards the commission of the offence, shall, where no express provision is made by this Code for the punishment of such attempt, be punished with imprisonment for any description provided for the offence, for a term which may extend to one-half of the imprisonment for life or, as the case may be, one half of the longest term of imprisonment provided for that offence, or with such fine as is provided for the offence, or with both.

Facts: A shoots at the shadow of B.

Solution:

Yes correct option is B as A is not punishable because he didn't commit any offence . shooting a shadow is no offence.

QUESTION: 10

Principle: Whoever attempts to commit an offence punishable by this Code with imprisonment for life or imprisonment, or to cause such an offence to be committed, and in such attempt does any act towards the commission of the offence, shall, where no express provision is made by this Code for the punishment of such attempt, be punished with imprisonment for any description provided for the offence, for a term which may extend to one-half of the imprisonment for life or, as the case may be, one half of the longest term of imprisonment provided for that offence, or with such fine as is provided for the offence, or with both.

Facts: A wants to kill B, so administered sugar mistaking it for poison.

Solution:
QUESTION: 11

Principle: Whoever attempts to commit an offence punishable by this Code with imprisonment for life or imprisonment, or to cause such an offence to be committed, and in such attempt does any act towards the commission of the offence, shall, where no express provision is made by this Code for the punishment of such attempt, be punished with imprisonment for any description provided for the offence, for a term which may extend to one-half of the imprisonment for life or, as the case may be, one half of the longest term of imprisonment provided for that offence, or with such fine as is provided for the offence, or with both.

Facts: A gives pills to a pregnant woman to procure abortion, but they have no effect because drug turns to be innocuous. 

Solution:
QUESTION: 12

Principle: Whoever attempts to commit an offence punishable by this Code with imprisonment for life or imprisonment, or to cause such an offence to be committed, and in such attempt does any act towards the commission of the offence, shall, where no express provision is made by this Code for the punishment of such attempt, be punished with imprisonment for any description provided for the offence, for a term which may extend to one-half of the imprisonment for life or, as the case may be, one half of the longest term of imprisonment provided for that offence, or with such fine as is provided for the offence, or with both.

Facts: A intending to kill B, fires at B Coat hanging in his room mistaking it for B.

Solution:
QUESTION: 13

Principle: Whoever attempts to commit an offence punishable by this Code with imprisonment for life or imprisonment, or to cause such an offence to be committed, and in such attempt does any act towards the commission of the offence, shall, where no express provision is made by this Code for the punishment of such attempt, be punished with imprisonment for any description provided for the offence, for a term which may extend to one-half of the imprisonment for life or, as the case may be, one half of the longest term of imprisonment provided for that offence, or with such fine as is provided for the offence, or with both.

Facts: A administers to B, a drug with intent to made abortion, but the woman was not actually pregnant.

Solution:
QUESTION: 14

Principle: Whoever attempts to commit an offence punishable by this Code with imprisonment for life or imprisonment, or to cause such an offence to be committed, and in such attempt does any act towards the commission of the offence, shall, where no express provision is made by this Code for the punishment of such attempt, be punished with imprisonment for any description provided for the offence, for a term which may extend to one-half of the imprisonment for life or, as the case may be, one half of the longest term of imprisonment provided for that offence, or with such fine as is provided for the offence, or with both.

Facts: A intending to murder Z, buys a gun and loads it. 

Solution:
QUESTION: 15

Principle: Whoever attempts to commit an offence punishable by this Code with imprisonment for life or imprisonment, or to cause such an offence to be committed, and in such attempt does any act towards the commission of the offence, shall, where no express provision is made by this Code for the punishment of such attempt, be punished with imprisonment for any description provided for the offence, for a term which may extend to one-half of the imprisonment for life or, as the case may be, one half of the longest term of imprisonment provided for that offence, or with such fine as is provided for the offence, or with both.

Facts: A intending to murder Z, by poison, purchases poison and mixes the same with food which remains in A’s keeping with himself. 

Solution:
QUESTION: 16

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. 

Solution:
QUESTION: 17

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. 

Solution:
QUESTION: 18

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. 

Solution:

The correct answer is B as according to the principle he has done in good faith therefore he hasn't committed an offence.

QUESTION: 19

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.

Solution:

The correct answer is A as he has not committed any offence.According to the given principle  A performs the operation in spite of the entreaties of the child, intending of good faith, the child's benefit.

QUESTION: 20

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 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.

Solution:
QUESTION: 21

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.  

Solution:
QUESTION: 22

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.

Solution:
QUESTION: 23

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.

Solution:
QUESTION: 24

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. 

Solution:
QUESTION: 25

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.

Solution:
QUESTION: 26

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

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

Solution:
QUESTION: 27

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).

Solution:
QUESTION: 28

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

Solution:
QUESTION: 29

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.

Solution:
QUESTION: 30

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.

Solution:
QUESTION: 31

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

Solution:
QUESTION: 32

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 

Solution:

The correct answer is C as when a group of people threatens or makes fear of anything to take someone property without permission.

QUESTION: 33

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 

Solution:
QUESTION: 34

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

Solution:

The correct option is C.
There is no difference between robbery and dacoity except in the number of offenders. ... The accused commit or attempt to commit robbery; Persons committing or attempting to commit robbery and persons present and aiding must not be less than five; All such persons should act conjointly.

When 5 or more persons sharing common intention commits robbery​​ or attempts to commit robbery or aids in the commission of robbery, they all become liable for the offence of dacoity. So one person may commit or​​ attempt to commit robbery but not dacoity and four others may be present and aiding in its commission or attempt.

QUESTION: 35

The offence of theft becomes robbery when it is 

Solution:

The correct answer is D as when theft is done by death/hurt/wrongful restraint, fear of any of these then that is robbery.

QUESTION: 36

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

Solution:
QUESTION: 37

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

Solution:
QUESTION: 38

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 

Solution:

The correct option is C.

Communication made in good faith. —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. Illustration A, a surgeon, in good faith, communicates to a patient his opinion that he cannot live.

QUESTION: 39

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? 

Solution:
QUESTION: 40

A instigates his six year old daughter B to take away from C, a purse containing Rs. 5000. In this case 

Solution:
QUESTION: 41

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?

Solution:

The correct answer is A as according to the principle given A is guilty of death caused by rash and negligent act.

QUESTION: 42

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?

Solution:

The correct answer is C as preparation to murder is not an offence so he is not liable.

QUESTION: 43

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?

Solution:
QUESTION: 44

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.

Solution:
QUESTION: 45

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.

Solution:
QUESTION: 46

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.

Solution:
QUESTION: 47

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.

Solution:
QUESTION: 48

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.

Solution:

The correct answer is B as prepartion of murder is not an offence.according to the principle.

QUESTION: 49

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. 

Solution:
QUESTION: 50

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?

Solution:

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