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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. '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'.
  • a)
    'Y' will be liable as he knew 'X' went into the bushes. This shows criminal intent of 'Y'.
  • b)
    'Y' will not be liable as it was an accident under section 80.
  • c)
    'Y' will be liable as he did not take proper care and caution.
  • d)
    'Y' will be liable as he purposefully killed 'X'.
Correct answer is option 'C'. 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 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. In this case, nothing can be said about criminal intention, so option 1 is not valid, but 'Y' did not take any proper care or caution as he shot at the bushes immediately and hence, will be liable.
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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.

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.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.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.

General defenses available under the IPC are as follows:- Mistake of fact- 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 an act. It is derived from the legal maxim “ignorantia facti doth excusat, ignorantia juris non excusat”. 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- 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- It 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. It 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.Insanity- 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.Intoxication- Act of a person incapable of judgment by reason of intoxication caused against his will. Nothing is an offence which is done by a person who at the time of doing it, is, by reason of intoxication, incapable of knowing the nature of the act, or that he is doing what is either wrong, or contrary to law, provided that the thing which intoxicated him was administered involuntarily without his will or knowledge.Q. Giriraj goes to a party and his friends force him to drink. Initially he refuses but later he agrees to drink. He gets sloshed, while returning from the party he knocks down a person with his car. Will he be liable?

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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 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.a)Y will be liable as he knew X went into the bushes. This shows criminal intent of Y.b)Y will not be liable as it was an accident under section 80.c)Y will be liable as he did not take proper care and caution.d)Y will be liable as he purposefully killed X.Correct answer is option 'C'. 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.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.a)Y will be liable as he knew X went into the bushes. This shows criminal intent of Y.b)Y will not be liable as it was an accident under section 80.c)Y will be liable as he did not take proper care and caution.d)Y will be liable as he purposefully killed X.Correct answer is option 'C'. 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.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.a)Y will be liable as he knew X went into the bushes. This shows criminal intent of Y.b)Y will not be liable as it was an accident under section 80.c)Y will be liable as he did not take proper care and caution.d)Y will be liable as he purposefully killed X.Correct answer is option 'C'. 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.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.a)Y will be liable as he knew X went into the bushes. This shows criminal intent of Y.b)Y will not be liable as it was an accident under section 80.c)Y will be liable as he did not take proper care and caution.d)Y will be liable as he purposefully killed X.Correct answer is option 'C'. 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.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.a)Y will be liable as he knew X went into the bushes. This shows criminal intent of Y.b)Y will not be liable as it was an accident under section 80.c)Y will be liable as he did not take proper care and caution.d)Y will be liable as he purposefully killed X.Correct answer is option 'C'. 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.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.a)Y will be liable as he knew X went into the bushes. This shows criminal intent of Y.b)Y will not be liable as it was an accident under section 80.c)Y will be liable as he did not take proper care and caution.d)Y will be liable as he purposefully killed X.Correct answer is option 'C'. 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.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.a)Y will be liable as he knew X went into the bushes. This shows criminal intent of Y.b)Y will not be liable as it was an accident under section 80.c)Y will be liable as he did not take proper care and caution.d)Y will be liable as he purposefully killed X.Correct answer is option 'C'. 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.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.a)Y will be liable as he knew X went into the bushes. This shows criminal intent of Y.b)Y will not be liable as it was an accident under section 80.c)Y will be liable as he did not take proper care and caution.d)Y will be liable as he purposefully killed X.Correct answer is option 'C'. 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.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.a)Y will be liable as he knew X went into the bushes. This shows criminal intent of Y.b)Y will not be liable as it was an accident under section 80.c)Y will be liable as he did not take proper care and caution.d)Y will be liable as he purposefully killed X.Correct answer is option 'C'. 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.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.a)Y will be liable as he knew X went into the bushes. This shows criminal intent of Y.b)Y will not be liable as it was an accident under section 80.c)Y will be liable as he did not take proper care and caution.d)Y will be liable as he purposefully killed X.Correct answer is option 'C'. Can you explain this answer? tests, examples and also practice CLAT tests.
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