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Test: Criminal Law - 5


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Test: Criminal Law - 5 - Question 1

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

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

Test: Criminal Law - 5 - Question 2

Principle: Nothing, which is not intended to cause death, is an offence by reason of any harm which it may cause, or be intended by the doer to cause, or be known by the doer to be likely to cause, to any person for whose benefit it is done in good faith, and who has given a consent, whether express or implied, to suffer that harm, or to take the risk of that harm. 

Facts: A, a surgeon, knowing that a particular operation is likely to cause the death of Z, who suffers under a painful complaint but not intending to cause Z's death, and intending, in good faith, Z's benefit, performs that operation of Z, with Z's consent. 

Test: Criminal Law - 5 - Question 3

Principle: Nothing, which is not intended to cause death, is an offence by reason of any harm which it may cause, or be intended by the doer to cause, or be known by the doer to be likely to cause, to any person for whose benefit it is done in good faith, and who has given a consent, whether express or implied, to suffer that harm, or to take the risk of that harm. 

Facts: A fake Doctor operated on a man for internal piles by cutting them out with an ordinary knife. The man died of hemorrhage.

Test: Criminal Law - 5 - Question 4

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.

Test: Criminal Law - 5 - Question 5

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. 

Test: Criminal Law - 5 - Question 6

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

Test: Criminal Law - 5 - Question 7

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.

Test: Criminal Law - 5 - Question 8

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?

Test: Criminal Law - 5 - Question 9

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.

Test: Criminal Law - 5 - Question 10

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.

Test: Criminal Law - 5 - Question 11

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.

Test: Criminal Law - 5 - Question 12

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?

Test: Criminal Law - 5 - Question 13

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?

Test: Criminal Law - 5 - Question 14

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?

Test: Criminal Law - 5 - Question 15

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?

Test: Criminal Law - 5 - Question 16

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?

Test: Criminal Law - 5 - Question 17

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?

Test: Criminal Law - 5 - Question 18

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?

Test: Criminal Law - 5 - Question 19

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?

Test: Criminal Law - 5 - Question 20

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? 

Test: Criminal Law - 5 - Question 21

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?

Test: Criminal Law - 5 - Question 22

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?

Detailed Solution for Test: Criminal Law - 5 - Question 22

The correct option is B.
The ‘rash or negligent act’ referred to in Section 304-A means the act which is the immediate cause of death and not any act or omission which can at most be said to be a remote cause of death.

Test: Criminal Law - 5 - Question 23

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.

Test: Criminal Law - 5 - Question 24

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?

Test: Criminal Law - 5 - Question 25

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?

Test: Criminal Law - 5 - Question 26

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.

Test: Criminal Law - 5 - Question 27

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.

Test: Criminal Law - 5 - Question 28

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.

Test: Criminal Law - 5 - Question 29

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.

Test: Criminal Law - 5 - Question 30

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.

Test: Criminal Law - 5 - Question 31

Principle: Nothing is an offence which is done by a person who, at the time of doing it, by reason of unsoundness of mind, is incapable of knowing the nature of the act, or that he is doing what is either wrong or contrary to law

Facts: A takes his son B who is three years old for a bath to the well. He throws his son inside the well so that he could have a good faith. After 10 minutes he also jumped in the well to take a bath and take his son out of the well. Both were rescued by the villagers but his son was found dead.

Test: Criminal Law - 5 - Question 32

Principle: Ignorance of law is no excuse but ignorance of fact is excused
Facts: George was a passenger from Zurich to manila in a Swiss plane. When the plane landed at the airport at Bombay on 28th Nov. 1962 it was found on search that George carried 34 kg of gold bars in person and that he had not declared it in the manifest for transit. On 26th Nov. 1962 GOI issued a notification and modified its earlier exemption and now it is necessary that the gold must be declared in the manifest of the aircraft.

Test: Criminal Law - 5 - Question 33

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 who he wishes to give it. Unknown to A, his son takes the halwa and dies. In this case

Detailed Solution for Test: Criminal Law - 5 - Question 33

Preparation to commit murder is not punishable because it can never be adequately proven in the court that the preparation was made with an intention to commit murder. When it finally reaches the stage it can be proven, it already becomes an attempt.
Preparation to commit an offence is punishable only when the preparation is to commit offences under Section 122 (waging war against the Government of India) and Section 399 (preparation to commit dacoit).

Test: Criminal Law - 5 - Question 34

Assertion:  Attempt to commit an offence though does not result in any harm, should also be punished.

Reason: A person, who tries to cause a prohibited harm and fails, is, in terms of moral culpability, not materially different from the person who tries and succeeds.

Test: Criminal Law - 5 - Question 35

A with an intention to pick pocket puts his hand into B’s 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 - 5 - Question 36

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: Ms. Y came to Ms. P’s house. When Ms. Y returned, she realized that Ms. P had left her pen in Ms. Y’s book.

Test: Criminal Law - 5 - Question 37

Principle: Every person has a right to defend his own person, property or possession against an immediate harm and to that end may use reasonable amount of force

Facts: X was passing by Y house. At that time Y dog ran out and bit X overcoat. X turned around and shot at the dog however the dog ran away while the dog was far away from X. X shot the dog dead as he believed that the dog had bitten other persons in the locality. Y filed a suit for damages as the dog was of a rare breed and worth Rs. 5000/-

Test: Criminal Law - 5 - Question 38

Principle : Nothing which is not intended to cause death, is an offence by reason of any harm which it may cause, or be intended by the doer to cause, or be known by the doer to be likely to cause, to any person for whose benefit it is done in good faith, and who has given a consent, whether express or implied, to suffer that harm, or to take the risk of that harm

Facts: A fake doctor operated on a man for internal piles by cutting them out with a kitchen ordinary knife. The man died of hemorrhage.

Detailed Solution for Test: Criminal Law - 5 - Question 38

C is the correct option. Straightway applying the given principle about culpable homicide  the Doctor is guilty of culpable homicide not amounting to murder as the knife was ordinary one whuch in general is not considred that much harmful in order to kill someone.

Test: Criminal Law - 5 - Question 39

Principle : Nothing which is not intended to cause death, is an offence by reason of any harm which it may cause, or be intended by the doer to cause, or be known by the doer to be likely to cause, to any person for whose benefit it is done in good faith, and who has given a consent, whether express or implied, to suffer that harm, or to take the risk of that harm.

Facts: Dr Mortimer performed a kidney operation upon James for removal of kidney stones. James was already affected by HIV. Dr Mortimer had warned James of all the possible risks. James, out of his own volition, decided to undertake the risks and signed a bond certifying the same. James died of hemorrhage as a result of the operation.

Test: Criminal Law - 5 - Question 40

In kidnapping, the consent of the minor is – 

Test: Criminal Law - 5 - Question 41

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 - 5 - Question 42

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.

Test: Criminal Law - 5 - Question 43

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 dange

IIV. X can avail of the right as at first he only fired in the air.

Test: Criminal Law - 5 - Question 44

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.

Test: Criminal Law - 5 - Question 45

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 - 5 - Question 46

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 - 5 - Question 47

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 - 5 - Question 48

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

Test: Criminal Law - 5 - Question 49

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 - 5 - Question 50

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. 

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