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Direction: The question is based on the reasoning and arguments, or facts and principles set out in the passage. Some of these principles may not be true in the real or legal sense, yet you must conclusively assume that they are true for the purpose. Please answer the question on the basis of what is stated or implied in the passage. Do not rely on any principle of law other than the ones supplied to you, and do not assume any facts other than those supplied to you when answering the question. Please choose the option that most accurately and comprehensively answers the question.''
General Exceptions: Under Section 76 of the IPC, an act done by a person bound or by mistake of fact believing, himself to be bound by law is included. Nothing is an offence which is done by a person who is or by reason of a mistake of fact, not by mistake of law in good faith believes himself, to be, bound by law to do such act. It is derived from the legal maxim ignorantia facti doth excusat, ignorantia juris non excusat.
Under Section 79, act done by a person justified or by mistake of fact believing, himself justified, by law is included. Nothing is an offence which is done by any person who is justified by law, or who by reason of mistake of fact and not mistake of law in good faith, believes himself to be justified by law, in doing that particular act. Accident under Section 80, includes an accident committed while doing a lawful act. Nothing is an offence which is done by accident or misfortune, without any criminal intention or knowledge in the doing of a lawful act in a lawful manner by lawful means and with proper care and caution.
Infancy - Sections 82 and 83
Section 82 includes an act of a child below seven years of age. Nothing is an offence which is done by a child under seven years of age. Suppose a child below seven years of age, pressed the trigger of the gun and caused the death of his father then, the child will not be liable. Section 83 includes an act of a child above seven and below twelve of immature understanding. Nothing is an offence which is done by a child above seven years of age and under twelve, who has not yet attained sufficient maturity of understanding to judge the nature and repercussions of his conduct during that occasion. For example, suppose a child of 10 years killed his father with a gun in the shadow of immaturity, he will not be liable if he has not attained maturity. Insanity under Section 84, is an Act of a person of unsound mind. Nothing is an offence which is done by a person who at that time of performing 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.
Q. Billa and Killa are twin brothers. While Billa is the local goon, Killa is a top scholar at the university. The police was searching for Billa and announced cash prize to whoever catches him. One day Killa was on the street buying food when a mob beat him and took him to the police station thinking him to be Billa. Now Killa wants to file charges against the mob. Decide.
  • a)
    The mob is liable as they committed battery and wrongful restraint.
  • b)
    The mob is not liable as they were under the mistake of fact and thought it is justified by law.
  • c)
    The mob is not liable as they caught Killa under an accident.
  • d)
    The mob is liable as they knew they did the act under the mistake of law and not mistake of fact.
Correct answer is option 'B'. Can you explain this answer?
Verified Answer
Direction:The question is based on the reasoning and arguments, or fac...
Nothing is an offence which is done by any person who is justified by law, or who by reason of a mistake of fact and not the mistake of law in good faith, believes himself to be justified by law, in doing that particular act. The mob were under the mistake of fact and did the act believing it was justified by the law hence, no liability can be imposed.
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Direction:The question is based on the reasoning and arguments, or facts and principles set out in the passage. Some of these principles may not be true in the real or legal sense, yet you must conclusively assume that they are true for the purpose. Please answer the question on the basis of what is stated or implied in the passage. Do not rely on any principle of law other than the ones supplied to you, and do not assume any facts other than those supplied to you when answering the question. Please choose the option that most accurately and comprehensively answers the question.General Exceptions: Under Section 76 of the IPC, an act done by a person bound or by mistake of fact believing, himself to be bound by law is included. Nothing is an offence which is done by a person who is or by reason of a mistake of fact, not by mistake of law in good faith believes himself, to be, bound by law to do such act. It is derived from the legal maxim ignorantia facti doth excusat, ignorantia juris non excusat.Under Section 79, act done by a person justified or by mistake of fact believing, himself justified, by law is included. Nothing is an offence which is done by any person who is justified by law, or who by reason of mistake of fact and not mistake of law in good faith, believes himself to be justified by law, in doing that particular act. Accident under Section 80, includes an accident committed while doing a lawful act. Nothing is an offence which is done by accident or misfortune, without any criminal intention or knowledge in the doing of a lawful act in a lawful manner by lawful means and with proper care and caution.Infancy - Sections 82 and 83Section 82 includes an act of a child below seven years of age. Nothing is an offence which is done by a child under seven years of age. Suppose a child below seven years of age, pressed the trigger of the gun and caused the death of his father then, the child will not be liable. Section 83 includes an act of a child above seven and below twelve of immature understanding. Nothing is an offence which is done by a child above seven years of age and under twelve, who has not yet attained sufficient maturity of understanding to judge the nature and repercussions of his conduct during that occasion. For example, suppose a child of 10 years killed his father with a gun in the shadow of immaturity, he will not be liable if he has not attained maturity. Insanity under Section 84, is an Act of a person of unsound mind. Nothing is an offence which is done by a person who at that time of performing 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.Q.X suffers from a disease wherein, he is occasionally of unsound mind. One day when X was of sound mind, he killed a person who was annoying him from many days. Now X wants to claim the defence under section 84. Decide.

Direction:The question is based on the reasoning and arguments, or facts and principles set out in the passage. Some of these principles may not be true in the real or legal sense, yet you must conclusively assume that they are true for the purpose. Please answer the question on the basis of what is stated or implied in the passage. Do not rely on any principle of law other than the ones supplied to you, and do not assume any facts other than those supplied to you when answering the question. Please choose the option that most accurately and comprehensively answers the question.General Exceptions: Under Section 76 of the IPC, an act done by a person bound or by mistake of fact believing, himself to be bound by law is included. Nothing is an offence which is done by a person who is or by reason of a mistake of fact, not by mistake of law in good faith believes himself, to be, bound by law to do such act. It is derived from the legal maxim ignorantia facti doth excusat, ignorantia juris non excusat.Under Section 79, act done by a person justified or by mistake of fact believing, himself justified, by law is included. Nothing is an offence which is done by any person who is justified by law, or who by reason of mistake of fact and not mistake of law in good faith, believes himself to be justified by law, in doing that particular act. Accident under Section 80, includes an accident committed while doing a lawful act. Nothing is an offence which is done by accident or misfortune, without any criminal intention or knowledge in the doing of a lawful act in a lawful manner by lawful means and with proper care and caution.Infancy - Sections 82 and 83Section 82 includes an act of a child below seven years of age. Nothing is an offence which is done by a child under seven years of age. Suppose a child below seven years of age, pressed the trigger of the gun and caused the death of his father then, the child will not be liable. Section 83 includes an act of a child above seven and below twelve of immature understanding. Nothing is an offence which is done by a child above seven years of age and under twelve, who has not yet attained sufficient maturity of understanding to judge the nature and repercussions of his conduct during that occasion. For example, suppose a child of 10 years killed his father with a gun in the shadow of immaturity, he will not be liable if he has not attained maturity. Insanity under Section 84, is an Act of a person of unsound mind. Nothing is an offence which is done by a person who at that time of performing 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.Q.X and Y came to the jungle for shooting animals. While they were shooting, X went into the bushes to get the animal they killed. Y was standing and all of a sudden the bushes rattled. Y then shot the bushes in a hurried manner thinking it is some kind of a dangerous animal. But in fact, it was X and he died due to bullet injury. Now, decide the liability of Y.

Direction:The question is based on the reasoning and arguments, or facts and principles set out in the passage. Some of these principles may not be true in the real or legal sense, yet you must conclusively assume that they are true for the purpose. Please answer the question on the basis of what is stated or implied in the passage. Do not rely on any principle of law other than the ones supplied to you, and do not assume any facts other than those supplied to you when answering the question. Please choose the option that most accurately and comprehensively answers the question.General Exceptions: Under Section 76 of the IPC, an act done by a person bound or by mistake of fact believing, himself to be bound by law is included. Nothing is an offence which is done by a person who is or by reason of a mistake of fact, not by mistake of law in good faith believes himself, to be, bound by law to do such act. It is derived from the legal maxim ignorantia facti doth excusat, ignorantia juris non excusat.Under Section 79, act done by a person justified or by mistake of fact believing, himself justified, by law is included. Nothing is an offence which is done by any person who is justified by law, or who by reason of mistake of fact and not mistake of law in good faith, believes himself to be justified by law, in doing that particular act. Accident under Section 80, includes an accident committed while doing a lawful act. Nothing is an offence which is done by accident or misfortune, without any criminal intention or knowledge in the doing of a lawful act in a lawful manner by lawful means and with proper care and caution.Infancy - Sections 82 and 83Section 82 includes an act of a child below seven years of age. Nothing is an offence which is done by a child under seven years of age. Suppose a child below seven years of age, pressed the trigger of the gun and caused the death of his father then, the child will not be liable. Section 83 includes an act of a child above seven and below twelve of immature understanding. Nothing is an offence which is done by a child above seven years of age and under twelve, who has not yet attained sufficient maturity of understanding to judge the nature and repercussions of his conduct during that occasion. For example, suppose a child of 10 years killed his father with a gun in the shadow of immaturity, he will not be liable if he has not attained maturity. Insanity under Section 84, is an Act of a person of unsound mind. Nothing is an offence which is done by a person who at that time of performing 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.Q.Jon is 11 years old and is the son of Rhaegar. Rhaegar teaches Jon sword fighting every morning. But he is a crooked father who will always beat Jon whenever he commits any mistake. One day Jon got very angry and he killed Rhaegar with his sword and ran away fearing jail time. Can he claim any defence?

Direction:The question is based on the reasoning and arguments, or facts and principles set out in the passage. Some of these principles may not be true in the real or legal sense, yet you must conclusively assume that they are true for the purpose. Please answer the question on the basis of what is stated or implied in the passage. Do not rely on any principle of law other than the ones supplied to you, and do not assume any facts other than those supplied to you when answering the question. Please choose the option that most accurately and comprehensively answers the question.General Exceptions: Under Section 76 of the IPC, an act done by a person bound or by mistake of fact believing, himself to be bound by law is included. Nothing is an offence which is done by a person who is or by reason of a mistake of fact, not by mistake of law in good faith believes himself, to be, bound by law to do such act. It is derived from the legal maxim ignorantia facti doth excusat, ignorantia juris non excusat.Under Section 79, act done by a person justified or by mistake of fact believing, himself justified, by law is included. Nothing is an offence which is done by any person who is justified by law, or who by reason of mistake of fact and not mistake of law in good faith, believes himself to be justified by law, in doing that particular act. Accident under Section 80, includes an accident committed while doing a lawful act. Nothing is an offence which is done by accident or misfortune, without any criminal intention or knowledge in the doing of a lawful act in a lawful manner by lawful means and with proper care and caution.Infancy - Sections 82 and 83Section 82 includes an act of a child below seven years of age. Nothing is an offence which is done by a child under seven years of age. Suppose a child below seven years of age, pressed the trigger of the gun and caused the death of his father then, the child will not be liable. Section 83 includes an act of a child above seven and below twelve of immature understanding. Nothing is an offence which is done by a child above seven years of age and under twelve, who has not yet attained sufficient maturity of understanding to judge the nature and repercussions of his conduct during that occasion. For example, suppose a child of 10 years killed his father with a gun in the shadow of immaturity, he will not be liable if he has not attained maturity. Insanity under Section 84, is an Act of a person of unsound mind. Nothing is an offence which is done by a person who at that time of performing 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.Q.The government passed a new controversial Act. In order to protest the same, a lot of people were on the streets. The government did not want any dissent and hence, sent the army to curb the protest. The commanding army officer ordered the soldiers to fire on the crowd, and the soldiers complied with. After this incident, many human rights organisations filed a case against the soldiers. Decide whether they can defend themselves.

Directions:The question is based on the reasoning and arguments, or facts and principles set out in the passage. Some of these principles may not be true in the real or legal sense, yet you must conclusively assume that they are true for the purpose. Please answer the question on the basis of what is stated or implied in the passage. Do not rely on any principle of law other than the ones supplied to you, and do not assume any facts other than those supplied to you when answering the question. Please choose the option that most accurately and comprehensively answers the question.The defence of private defence has been provided under the IPC from S. 96 to 106.These provisions give the power to a person to protect his own body and property. Body may be of oneself or another persons; likewise, property might also be moveable or immoveable, of himself or of another in cases of theft, robbery, mischief or criminal trespass or an attempt to do so. However, there are important limits on the right of private defence. Firstly, you cannot claim private defence for an act which under any circumstances justifies anything which was no defence but an offence and secondly, the right cannot be claimed when you yourself has initiated the attack.In Laxman v. State of Orissa, it was held that the right to private defence can only be provided when the person availing it is suddenly confronted with immediate necessity to defend which is not of his own creation, further the necessity should be present, real and apparent.The right of private defence does not exist for an act which is not an offence under the Penal Code and can only be availed to repel unlawful aggression and not for retaliation. Private defence will also not be valid in cases of self-defence.In Chacko v. State of Kerala, the deceased reached the scene with a chopper after finding out that his brother was surrounded by armed assailants. It was held that no aggressor can claim private defence only on the ground that the deceased had a chopper.Section 98 provides for the right of private defence in cases of unsoundness of mind and others such as due to the reason of youth, maturity in understanding, insanity, intoxication or by misconception; a person would have the right to private defence even if the act is not an offence. Say, A attempts to kill B due to unsoundness of mind and madness. A will not be guilty of any offence, but B will have the right to private defence in the same manner as if A was sane.Section 100 provides for acts where the right of private defence of body extends to causing death; they are: assault which causes the apprehension of death or grievous hurt, assault for commission of rape, assault for gratifying unnatural lust, kidnapping or abducting, assault for confining a person, or an act or attempt of throwing or administering an acid attack.Section 103 of the Code provides for the right of private defence of property which has caused death, namely robbery, housebreaking at night, mischief by fire on any building, tent or vessel, which is a human dwelling, theft, mischief, or house-trespass which causes apprehension of death or grievous hurt.The burden of proof always lies on the accused in the case of the General Exceptions of the IPC. The accused needs to prove his innocence to avail these defences.Q.A man came to meet his friend at his house. His friend had a sixteen-year-old brother who was of unsound mind. On seeing the man, due to unsoundness, he perceived the man as a threat and tried to choke and kill him. The man while defending himself killed his friends brother. Will he be protected under private defence?

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Direction:The question is based on the reasoning and arguments, or facts and principles set out in the passage. Some of these principles may not be true in the real or legal sense, yet you must conclusively assume that they are true for the purpose. Please answer the question on the basis of what is stated or implied in the passage. Do not rely on any principle of law other than the ones supplied to you, and do not assume any facts other than those supplied to you when answering the question. Please choose the option that most accurately and comprehensively answers the question.General Exceptions: Under Section 76 of the IPC, an act done by a person bound or by mistake of fact believing, himself to be bound by law is included. Nothing is an offence which is done by a person who is or by reason of a mistake of fact, not by mistake of law in good faith believes himself, to be, bound by law to do such act. It is derived from the legal maxim ignorantia facti doth excusat, ignorantia juris non excusat.Under Section 79, act done by a person justified or by mistake of fact believing, himself justified, by law is included. Nothing is an offence which is done by any person who is justified by law, or who by reason of mistake of fact and not mistake of law in good faith, believes himself to be justified by law, in doing that particular act. Accident under Section 80, includes an accident committed while doing a lawful act. Nothing is an offence which is done by accident or misfortune, without any criminal intention or knowledge in the doing of a lawful act in a lawful manner by lawful means and with proper care and caution.Infancy - Sections 82 and 83Section 82 includes an act of a child below seven years of age. Nothing is an offence which is done by a child under seven years of age. Suppose a child below seven years of age, pressed the trigger of the gun and caused the death of his father then, the child will not be liable. Section 83 includes an act of a child above seven and below twelve of immature understanding. Nothing is an offence which is done by a child above seven years of age and under twelve, who has not yet attained sufficient maturity of understanding to judge the nature and repercussions of his conduct during that occasion. For example, suppose a child of 10 years killed his father with a gun in the shadow of immaturity, he will not be liable if he has not attained maturity. Insanity under Section 84, is an Act of a person of unsound mind. Nothing is an offence which is done by a person who at that time of performing 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.Q.Billa and Killa are twin brothers. While Billa is the local goon, Killa is a top scholar at the university. The police was searching for Billa and announced cash prize to whoever catches him. One day Killa was on the street buying food when a mob beat him and took him to the police station thinking him to be Billa. Now Killa wants to file charges against the mob. Decide.a)The mob is liable as they committed battery and wrongful restraint.b)The mob is not liable as they were under the mistake of fact and thought it is justified by law.c)The mob is not liable as they caught Killa under an accident.d)The mob is liable as they knew they did the act under the mistake of law and not mistake of fact.Correct answer is option 'B'. Can you explain this answer?
Question Description
Direction:The question is based on the reasoning and arguments, or facts and principles set out in the passage. Some of these principles may not be true in the real or legal sense, yet you must conclusively assume that they are true for the purpose. Please answer the question on the basis of what is stated or implied in the passage. Do not rely on any principle of law other than the ones supplied to you, and do not assume any facts other than those supplied to you when answering the question. Please choose the option that most accurately and comprehensively answers the question.General Exceptions: Under Section 76 of the IPC, an act done by a person bound or by mistake of fact believing, himself to be bound by law is included. Nothing is an offence which is done by a person who is or by reason of a mistake of fact, not by mistake of law in good faith believes himself, to be, bound by law to do such act. It is derived from the legal maxim ignorantia facti doth excusat, ignorantia juris non excusat.Under Section 79, act done by a person justified or by mistake of fact believing, himself justified, by law is included. Nothing is an offence which is done by any person who is justified by law, or who by reason of mistake of fact and not mistake of law in good faith, believes himself to be justified by law, in doing that particular act. Accident under Section 80, includes an accident committed while doing a lawful act. Nothing is an offence which is done by accident or misfortune, without any criminal intention or knowledge in the doing of a lawful act in a lawful manner by lawful means and with proper care and caution.Infancy - Sections 82 and 83Section 82 includes an act of a child below seven years of age. Nothing is an offence which is done by a child under seven years of age. Suppose a child below seven years of age, pressed the trigger of the gun and caused the death of his father then, the child will not be liable. Section 83 includes an act of a child above seven and below twelve of immature understanding. Nothing is an offence which is done by a child above seven years of age and under twelve, who has not yet attained sufficient maturity of understanding to judge the nature and repercussions of his conduct during that occasion. For example, suppose a child of 10 years killed his father with a gun in the shadow of immaturity, he will not be liable if he has not attained maturity. Insanity under Section 84, is an Act of a person of unsound mind. Nothing is an offence which is done by a person who at that time of performing 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.Q.Billa and Killa are twin brothers. While Billa is the local goon, Killa is a top scholar at the university. The police was searching for Billa and announced cash prize to whoever catches him. One day Killa was on the street buying food when a mob beat him and took him to the police station thinking him to be Billa. Now Killa wants to file charges against the mob. Decide.a)The mob is liable as they committed battery and wrongful restraint.b)The mob is not liable as they were under the mistake of fact and thought it is justified by law.c)The mob is not liable as they caught Killa under an accident.d)The mob is liable as they knew they did the act under the mistake of law and not mistake of fact.Correct answer is option 'B'. Can you explain this answer? for CLAT 2024 is part of CLAT preparation. The Question and answers have been prepared according to the CLAT exam syllabus. Information about Direction:The question is based on the reasoning and arguments, or facts and principles set out in the passage. Some of these principles may not be true in the real or legal sense, yet you must conclusively assume that they are true for the purpose. Please answer the question on the basis of what is stated or implied in the passage. Do not rely on any principle of law other than the ones supplied to you, and do not assume any facts other than those supplied to you when answering the question. Please choose the option that most accurately and comprehensively answers the question.General Exceptions: Under Section 76 of the IPC, an act done by a person bound or by mistake of fact believing, himself to be bound by law is included. Nothing is an offence which is done by a person who is or by reason of a mistake of fact, not by mistake of law in good faith believes himself, to be, bound by law to do such act. It is derived from the legal maxim ignorantia facti doth excusat, ignorantia juris non excusat.Under Section 79, act done by a person justified or by mistake of fact believing, himself justified, by law is included. Nothing is an offence which is done by any person who is justified by law, or who by reason of mistake of fact and not mistake of law in good faith, believes himself to be justified by law, in doing that particular act. Accident under Section 80, includes an accident committed while doing a lawful act. Nothing is an offence which is done by accident or misfortune, without any criminal intention or knowledge in the doing of a lawful act in a lawful manner by lawful means and with proper care and caution.Infancy - Sections 82 and 83Section 82 includes an act of a child below seven years of age. Nothing is an offence which is done by a child under seven years of age. Suppose a child below seven years of age, pressed the trigger of the gun and caused the death of his father then, the child will not be liable. Section 83 includes an act of a child above seven and below twelve of immature understanding. Nothing is an offence which is done by a child above seven years of age and under twelve, who has not yet attained sufficient maturity of understanding to judge the nature and repercussions of his conduct during that occasion. For example, suppose a child of 10 years killed his father with a gun in the shadow of immaturity, he will not be liable if he has not attained maturity. Insanity under Section 84, is an Act of a person of unsound mind. Nothing is an offence which is done by a person who at that time of performing 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.Q.Billa and Killa are twin brothers. While Billa is the local goon, Killa is a top scholar at the university. The police was searching for Billa and announced cash prize to whoever catches him. One day Killa was on the street buying food when a mob beat him and took him to the police station thinking him to be Billa. Now Killa wants to file charges against the mob. Decide.a)The mob is liable as they committed battery and wrongful restraint.b)The mob is not liable as they were under the mistake of fact and thought it is justified by law.c)The mob is not liable as they caught Killa under an accident.d)The mob is liable as they knew they did the act under the mistake of law and not mistake of fact.Correct answer is option 'B'. Can you explain this answer? covers all topics & solutions for CLAT 2024 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for Direction:The question is based on the reasoning and arguments, or facts and principles set out in the passage. Some of these principles may not be true in the real or legal sense, yet you must conclusively assume that they are true for the purpose. Please answer the question on the basis of what is stated or implied in the passage. Do not rely on any principle of law other than the ones supplied to you, and do not assume any facts other than those supplied to you when answering the question. Please choose the option that most accurately and comprehensively answers the question.General Exceptions: Under Section 76 of the IPC, an act done by a person bound or by mistake of fact believing, himself to be bound by law is included. Nothing is an offence which is done by a person who is or by reason of a mistake of fact, not by mistake of law in good faith believes himself, to be, bound by law to do such act. It is derived from the legal maxim ignorantia facti doth excusat, ignorantia juris non excusat.Under Section 79, act done by a person justified or by mistake of fact believing, himself justified, by law is included. Nothing is an offence which is done by any person who is justified by law, or who by reason of mistake of fact and not mistake of law in good faith, believes himself to be justified by law, in doing that particular act. Accident under Section 80, includes an accident committed while doing a lawful act. Nothing is an offence which is done by accident or misfortune, without any criminal intention or knowledge in the doing of a lawful act in a lawful manner by lawful means and with proper care and caution.Infancy - Sections 82 and 83Section 82 includes an act of a child below seven years of age. Nothing is an offence which is done by a child under seven years of age. Suppose a child below seven years of age, pressed the trigger of the gun and caused the death of his father then, the child will not be liable. Section 83 includes an act of a child above seven and below twelve of immature understanding. Nothing is an offence which is done by a child above seven years of age and under twelve, who has not yet attained sufficient maturity of understanding to judge the nature and repercussions of his conduct during that occasion. For example, suppose a child of 10 years killed his father with a gun in the shadow of immaturity, he will not be liable if he has not attained maturity. Insanity under Section 84, is an Act of a person of unsound mind. Nothing is an offence which is done by a person who at that time of performing 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.Q.Billa and Killa are twin brothers. While Billa is the local goon, Killa is a top scholar at the university. The police was searching for Billa and announced cash prize to whoever catches him. One day Killa was on the street buying food when a mob beat him and took him to the police station thinking him to be Billa. Now Killa wants to file charges against the mob. Decide.a)The mob is liable as they committed battery and wrongful restraint.b)The mob is not liable as they were under the mistake of fact and thought it is justified by law.c)The mob is not liable as they caught Killa under an accident.d)The mob is liable as they knew they did the act under the mistake of law and not mistake of fact.Correct answer is option 'B'. Can you explain this answer?.
Solutions for Direction:The question is based on the reasoning and arguments, or facts and principles set out in the passage. Some of these principles may not be true in the real or legal sense, yet you must conclusively assume that they are true for the purpose. Please answer the question on the basis of what is stated or implied in the passage. Do not rely on any principle of law other than the ones supplied to you, and do not assume any facts other than those supplied to you when answering the question. Please choose the option that most accurately and comprehensively answers the question.General Exceptions: Under Section 76 of the IPC, an act done by a person bound or by mistake of fact believing, himself to be bound by law is included. Nothing is an offence which is done by a person who is or by reason of a mistake of fact, not by mistake of law in good faith believes himself, to be, bound by law to do such act. It is derived from the legal maxim ignorantia facti doth excusat, ignorantia juris non excusat.Under Section 79, act done by a person justified or by mistake of fact believing, himself justified, by law is included. Nothing is an offence which is done by any person who is justified by law, or who by reason of mistake of fact and not mistake of law in good faith, believes himself to be justified by law, in doing that particular act. Accident under Section 80, includes an accident committed while doing a lawful act. Nothing is an offence which is done by accident or misfortune, without any criminal intention or knowledge in the doing of a lawful act in a lawful manner by lawful means and with proper care and caution.Infancy - Sections 82 and 83Section 82 includes an act of a child below seven years of age. Nothing is an offence which is done by a child under seven years of age. Suppose a child below seven years of age, pressed the trigger of the gun and caused the death of his father then, the child will not be liable. Section 83 includes an act of a child above seven and below twelve of immature understanding. Nothing is an offence which is done by a child above seven years of age and under twelve, who has not yet attained sufficient maturity of understanding to judge the nature and repercussions of his conduct during that occasion. For example, suppose a child of 10 years killed his father with a gun in the shadow of immaturity, he will not be liable if he has not attained maturity. Insanity under Section 84, is an Act of a person of unsound mind. Nothing is an offence which is done by a person who at that time of performing 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.Q.Billa and Killa are twin brothers. While Billa is the local goon, Killa is a top scholar at the university. The police was searching for Billa and announced cash prize to whoever catches him. One day Killa was on the street buying food when a mob beat him and took him to the police station thinking him to be Billa. Now Killa wants to file charges against the mob. Decide.a)The mob is liable as they committed battery and wrongful restraint.b)The mob is not liable as they were under the mistake of fact and thought it is justified by law.c)The mob is not liable as they caught Killa under an accident.d)The mob is liable as they knew they did the act under the mistake of law and not mistake of fact.Correct answer is option 'B'. Can you explain this answer? in English & in Hindi are available as part of our courses for CLAT. Download more important topics, notes, lectures and mock test series for CLAT Exam by signing up for free.
Here you can find the meaning of Direction:The question is based on the reasoning and arguments, or facts and principles set out in the passage. Some of these principles may not be true in the real or legal sense, yet you must conclusively assume that they are true for the purpose. Please answer the question on the basis of what is stated or implied in the passage. Do not rely on any principle of law other than the ones supplied to you, and do not assume any facts other than those supplied to you when answering the question. Please choose the option that most accurately and comprehensively answers the question.General Exceptions: Under Section 76 of the IPC, an act done by a person bound or by mistake of fact believing, himself to be bound by law is included. Nothing is an offence which is done by a person who is or by reason of a mistake of fact, not by mistake of law in good faith believes himself, to be, bound by law to do such act. It is derived from the legal maxim ignorantia facti doth excusat, ignorantia juris non excusat.Under Section 79, act done by a person justified or by mistake of fact believing, himself justified, by law is included. Nothing is an offence which is done by any person who is justified by law, or who by reason of mistake of fact and not mistake of law in good faith, believes himself to be justified by law, in doing that particular act. Accident under Section 80, includes an accident committed while doing a lawful act. Nothing is an offence which is done by accident or misfortune, without any criminal intention or knowledge in the doing of a lawful act in a lawful manner by lawful means and with proper care and caution.Infancy - Sections 82 and 83Section 82 includes an act of a child below seven years of age. Nothing is an offence which is done by a child under seven years of age. Suppose a child below seven years of age, pressed the trigger of the gun and caused the death of his father then, the child will not be liable. Section 83 includes an act of a child above seven and below twelve of immature understanding. Nothing is an offence which is done by a child above seven years of age and under twelve, who has not yet attained sufficient maturity of understanding to judge the nature and repercussions of his conduct during that occasion. For example, suppose a child of 10 years killed his father with a gun in the shadow of immaturity, he will not be liable if he has not attained maturity. Insanity under Section 84, is an Act of a person of unsound mind. Nothing is an offence which is done by a person who at that time of performing 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.Q.Billa and Killa are twin brothers. While Billa is the local goon, Killa is a top scholar at the university. The police was searching for Billa and announced cash prize to whoever catches him. One day Killa was on the street buying food when a mob beat him and took him to the police station thinking him to be Billa. Now Killa wants to file charges against the mob. Decide.a)The mob is liable as they committed battery and wrongful restraint.b)The mob is not liable as they were under the mistake of fact and thought it is justified by law.c)The mob is not liable as they caught Killa under an accident.d)The mob is liable as they knew they did the act under the mistake of law and not mistake of fact.Correct answer is option 'B'. Can you explain this answer? defined & explained in the simplest way possible. Besides giving the explanation of Direction:The question is based on the reasoning and arguments, or facts and principles set out in the passage. Some of these principles may not be true in the real or legal sense, yet you must conclusively assume that they are true for the purpose. Please answer the question on the basis of what is stated or implied in the passage. Do not rely on any principle of law other than the ones supplied to you, and do not assume any facts other than those supplied to you when answering the question. Please choose the option that most accurately and comprehensively answers the question.General Exceptions: Under Section 76 of the IPC, an act done by a person bound or by mistake of fact believing, himself to be bound by law is included. Nothing is an offence which is done by a person who is or by reason of a mistake of fact, not by mistake of law in good faith believes himself, to be, bound by law to do such act. It is derived from the legal maxim ignorantia facti doth excusat, ignorantia juris non excusat.Under Section 79, act done by a person justified or by mistake of fact believing, himself justified, by law is included. Nothing is an offence which is done by any person who is justified by law, or who by reason of mistake of fact and not mistake of law in good faith, believes himself to be justified by law, in doing that particular act. Accident under Section 80, includes an accident committed while doing a lawful act. Nothing is an offence which is done by accident or misfortune, without any criminal intention or knowledge in the doing of a lawful act in a lawful manner by lawful means and with proper care and caution.Infancy - Sections 82 and 83Section 82 includes an act of a child below seven years of age. Nothing is an offence which is done by a child under seven years of age. Suppose a child below seven years of age, pressed the trigger of the gun and caused the death of his father then, the child will not be liable. Section 83 includes an act of a child above seven and below twelve of immature understanding. Nothing is an offence which is done by a child above seven years of age and under twelve, who has not yet attained sufficient maturity of understanding to judge the nature and repercussions of his conduct during that occasion. For example, suppose a child of 10 years killed his father with a gun in the shadow of immaturity, he will not be liable if he has not attained maturity. Insanity under Section 84, is an Act of a person of unsound mind. Nothing is an offence which is done by a person who at that time of performing 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.Q.Billa and Killa are twin brothers. While Billa is the local goon, Killa is a top scholar at the university. The police was searching for Billa and announced cash prize to whoever catches him. One day Killa was on the street buying food when a mob beat him and took him to the police station thinking him to be Billa. Now Killa wants to file charges against the mob. Decide.a)The mob is liable as they committed battery and wrongful restraint.b)The mob is not liable as they were under the mistake of fact and thought it is justified by law.c)The mob is not liable as they caught Killa under an accident.d)The mob is liable as they knew they did the act under the mistake of law and not mistake of fact.Correct answer is option 'B'. Can you explain this answer?, a detailed solution for Direction:The question is based on the reasoning and arguments, or facts and principles set out in the passage. Some of these principles may not be true in the real or legal sense, yet you must conclusively assume that they are true for the purpose. Please answer the question on the basis of what is stated or implied in the passage. Do not rely on any principle of law other than the ones supplied to you, and do not assume any facts other than those supplied to you when answering the question. Please choose the option that most accurately and comprehensively answers the question.General Exceptions: Under Section 76 of the IPC, an act done by a person bound or by mistake of fact believing, himself to be bound by law is included. Nothing is an offence which is done by a person who is or by reason of a mistake of fact, not by mistake of law in good faith believes himself, to be, bound by law to do such act. It is derived from the legal maxim ignorantia facti doth excusat, ignorantia juris non excusat.Under Section 79, act done by a person justified or by mistake of fact believing, himself justified, by law is included. Nothing is an offence which is done by any person who is justified by law, or who by reason of mistake of fact and not mistake of law in good faith, believes himself to be justified by law, in doing that particular act. Accident under Section 80, includes an accident committed while doing a lawful act. Nothing is an offence which is done by accident or misfortune, without any criminal intention or knowledge in the doing of a lawful act in a lawful manner by lawful means and with proper care and caution.Infancy - Sections 82 and 83Section 82 includes an act of a child below seven years of age. Nothing is an offence which is done by a child under seven years of age. Suppose a child below seven years of age, pressed the trigger of the gun and caused the death of his father then, the child will not be liable. Section 83 includes an act of a child above seven and below twelve of immature understanding. Nothing is an offence which is done by a child above seven years of age and under twelve, who has not yet attained sufficient maturity of understanding to judge the nature and repercussions of his conduct during that occasion. For example, suppose a child of 10 years killed his father with a gun in the shadow of immaturity, he will not be liable if he has not attained maturity. Insanity under Section 84, is an Act of a person of unsound mind. Nothing is an offence which is done by a person who at that time of performing 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.Q.Billa and Killa are twin brothers. While Billa is the local goon, Killa is a top scholar at the university. The police was searching for Billa and announced cash prize to whoever catches him. One day Killa was on the street buying food when a mob beat him and took him to the police station thinking him to be Billa. Now Killa wants to file charges against the mob. Decide.a)The mob is liable as they committed battery and wrongful restraint.b)The mob is not liable as they were under the mistake of fact and thought it is justified by law.c)The mob is not liable as they caught Killa under an accident.d)The mob is liable as they knew they did the act under the mistake of law and not mistake of fact.Correct answer is option 'B'. Can you explain this answer? has been provided alongside types of Direction:The question is based on the reasoning and arguments, or facts and principles set out in the passage. Some of these principles may not be true in the real or legal sense, yet you must conclusively assume that they are true for the purpose. Please answer the question on the basis of what is stated or implied in the passage. Do not rely on any principle of law other than the ones supplied to you, and do not assume any facts other than those supplied to you when answering the question. Please choose the option that most accurately and comprehensively answers the question.General Exceptions: Under Section 76 of the IPC, an act done by a person bound or by mistake of fact believing, himself to be bound by law is included. Nothing is an offence which is done by a person who is or by reason of a mistake of fact, not by mistake of law in good faith believes himself, to be, bound by law to do such act. It is derived from the legal maxim ignorantia facti doth excusat, ignorantia juris non excusat.Under Section 79, act done by a person justified or by mistake of fact believing, himself justified, by law is included. Nothing is an offence which is done by any person who is justified by law, or who by reason of mistake of fact and not mistake of law in good faith, believes himself to be justified by law, in doing that particular act. Accident under Section 80, includes an accident committed while doing a lawful act. Nothing is an offence which is done by accident or misfortune, without any criminal intention or knowledge in the doing of a lawful act in a lawful manner by lawful means and with proper care and caution.Infancy - Sections 82 and 83Section 82 includes an act of a child below seven years of age. Nothing is an offence which is done by a child under seven years of age. Suppose a child below seven years of age, pressed the trigger of the gun and caused the death of his father then, the child will not be liable. Section 83 includes an act of a child above seven and below twelve of immature understanding. Nothing is an offence which is done by a child above seven years of age and under twelve, who has not yet attained sufficient maturity of understanding to judge the nature and repercussions of his conduct during that occasion. For example, suppose a child of 10 years killed his father with a gun in the shadow of immaturity, he will not be liable if he has not attained maturity. Insanity under Section 84, is an Act of a person of unsound mind. Nothing is an offence which is done by a person who at that time of performing 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.Q.Billa and Killa are twin brothers. While Billa is the local goon, Killa is a top scholar at the university. The police was searching for Billa and announced cash prize to whoever catches him. One day Killa was on the street buying food when a mob beat him and took him to the police station thinking him to be Billa. Now Killa wants to file charges against the mob. Decide.a)The mob is liable as they committed battery and wrongful restraint.b)The mob is not liable as they were under the mistake of fact and thought it is justified by law.c)The mob is not liable as they caught Killa under an accident.d)The mob is liable as they knew they did the act under the mistake of law and not mistake of fact.Correct answer is option 'B'. Can you explain this answer? theory, EduRev gives you an ample number of questions to practice Direction:The question is based on the reasoning and arguments, or facts and principles set out in the passage. Some of these principles may not be true in the real or legal sense, yet you must conclusively assume that they are true for the purpose. Please answer the question on the basis of what is stated or implied in the passage. Do not rely on any principle of law other than the ones supplied to you, and do not assume any facts other than those supplied to you when answering the question. Please choose the option that most accurately and comprehensively answers the question.General Exceptions: Under Section 76 of the IPC, an act done by a person bound or by mistake of fact believing, himself to be bound by law is included. Nothing is an offence which is done by a person who is or by reason of a mistake of fact, not by mistake of law in good faith believes himself, to be, bound by law to do such act. It is derived from the legal maxim ignorantia facti doth excusat, ignorantia juris non excusat.Under Section 79, act done by a person justified or by mistake of fact believing, himself justified, by law is included. Nothing is an offence which is done by any person who is justified by law, or who by reason of mistake of fact and not mistake of law in good faith, believes himself to be justified by law, in doing that particular act. Accident under Section 80, includes an accident committed while doing a lawful act. Nothing is an offence which is done by accident or misfortune, without any criminal intention or knowledge in the doing of a lawful act in a lawful manner by lawful means and with proper care and caution.Infancy - Sections 82 and 83Section 82 includes an act of a child below seven years of age. Nothing is an offence which is done by a child under seven years of age. Suppose a child below seven years of age, pressed the trigger of the gun and caused the death of his father then, the child will not be liable. Section 83 includes an act of a child above seven and below twelve of immature understanding. Nothing is an offence which is done by a child above seven years of age and under twelve, who has not yet attained sufficient maturity of understanding to judge the nature and repercussions of his conduct during that occasion. For example, suppose a child of 10 years killed his father with a gun in the shadow of immaturity, he will not be liable if he has not attained maturity. Insanity under Section 84, is an Act of a person of unsound mind. Nothing is an offence which is done by a person who at that time of performing 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.Q.Billa and Killa are twin brothers. While Billa is the local goon, Killa is a top scholar at the university. The police was searching for Billa and announced cash prize to whoever catches him. One day Killa was on the street buying food when a mob beat him and took him to the police station thinking him to be Billa. Now Killa wants to file charges against the mob. Decide.a)The mob is liable as they committed battery and wrongful restraint.b)The mob is not liable as they were under the mistake of fact and thought it is justified by law.c)The mob is not liable as they caught Killa under an accident.d)The mob is liable as they knew they did the act under the mistake of law and not mistake of fact.Correct answer is option 'B'. Can you explain this answer? tests, examples and also practice CLAT tests.
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