Judiciary - Constitutional, Civil, Criminal Courts and Processes Test 28

Question 1
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LEGAL PRINCIPLE: One who dishonestly misappropriates or converts to his own use of sells any movable property belonging to another, is guilty of the offence of misappropriation.

FACTUAL SITUATION: 'A' takes property belonging to 'Z' out of Z's possession, in good faith, believing when he takes it, that the property belongs to himself. Subsequently, A on discovering his mistake, without disclosing the actual facts, dishonestly sells the property to a stranger.

A
'A' is not guilty because when he tool the property, he believed in good faith that it belonged to him.

B
'A' is guilty of an offence of misappropriation.

C
'A' may be guilty of theft but not for misappropriation.

D
'A' is not guilty as the property can be recovered from the stranger.

Question 2
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LEGAL PRINCIPLE: Nothing is an offence, which is done by accident of misfortune, and 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.

FACTUAL SITUATION: A takes up a gun, not knowing whether it is loaded of not, points it playfully at B and pulls the trigger. Consequently B falls dead.

Decide.

A
B's death is accidental, as A did not have the knowledge that the gun is loaded.

B
B's death is accidental, as A had no intention to kill B.

C
B's death is accidental as A was just pointing the gun playfully at B.

D
B's death is not accidental, as there was want of proper care and caution on the part of A.

Question 3
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LEGAL PRINCIPLE: Law does not penalize for wrongs which are of trivial nature.
FACTUAL SITUATION: In the course of a discussion. 'A' threw a file of papers at the table which touched the hands of 'B'.

A
'A' is liable for insulting 'B'.

B
'A 'is not liable for his act, as it was of trivial nature.

C
'A' is liable for his act, as the file touched B's hand.

D
'A 'is liable for his act, as it assaulted 'B'.

Question 4
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The question consist of two statements, one labelled as PRINCIPLE and other as FACT. You are to examine the principle and apply it to the given facts carefully and select the best option.

PRINCIPLE: Nothing is an offence which is done by a person who, at the time of doing it, by reason of unsoundness of mind, is incapable of knowing the nature of the act, or that he is doing what is either wrong or contrary to law.
FACT: 'A' takes his son 'B' who is three years old, for a bath to the well. He throws his son inside the well so that he could have a good bath. After 10 minutes he also jumped in the well to take a bath and take his son out of the well. Both were rescued by the villagers but his son was found dead.

A
'A' has committed culpable homicide not amounting to murder.

B
'A 'has committed a murder.

C
'A' has done no offence as he can plead the defence of unsoundness of mind.

D
'A's family should be responsible for this incident to let him to take child to the well.

Question 5
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LEGAL PRINCIPLE: Whoever dishonestly misappropriates or converts to his own use any movable property is guilty of criminal misappropriation of property.
FACTUAL SITUATION: A finds a government promisory note belonging to Z bearing a blank endorsement. A knowing that the note belongs to Z, pledges it with a banker as a security for a loan, intending to restore it to Z at a future time. Has A committed criminal misappropriation?
DECISION will be ______.

A
Yes, since he deprived Z from using his property and used it for his own use

B
No, since he intended to return the property to Z in the future

C
No, it is theft and not criminal misappropriation

D
Yes, since he deprived Z from using his property

Question 6
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PRINCIPLE: When a criminal act is done by several persons in furtherance of the common intention of all. each of such persons is liable for that act in the same manner as if it were done by him.
FACTS: Roshan along with two of his friends. Tushar and Tarang proceeded to the house of Darshan in order to average an insult made by the brother of Darshan. They opened fire on the members of Dharshan's family. It was found that the shots of Roshan did not hit anyone, but the shots of Tushar and Tarang succeeded is killing Darshan.

A
Roshan was not liable for the offence of murder of Darshan, as Roshan's shots did not hit Darshan

B
Only Tushar and Taran were liable for the offence of murder of Darshan, as their slots hit Darshan

C
Roshan along with Tushar and Tarang was liable for the offence of murder of Darshan

D
Roshan was liable to a lesser extent comparing to his friends for the offence of murder of darshan, as Roshan's shots did not hit Darshar

Question 7
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LEGAL PRINCIPLES: Whoever dishonestly takes away any property from the possession of another, with an intention of such taking away, without his permission is liable for theft.
FACTUAL SITUATION: Raja, a famous gangster, moves into an apartment in Kankurgachi, Calcutta. There, he discovers that the previous owner of the apartment had left behind a pair of beautiful combs and confused as to whom he should be returning them to, he decides to retain them and starts using them. The previous owner of the combs gets to know this and registers an FIR for theft against Raja. Is Raja liable?
DECISION will be ______.

A
Raja is liable for theft as he failed to return the property even when he knew it was someone else's property

B
Raja is not liable as he has not taken it away from anyone else's possession and there was no dishonest intention

C
Raja is liable as you don't expect anything better from a gangster

D
Raja is not liable as he was confused as to whom he should be returning the property to

Question 8
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PRINCIPLE: Nothing is an offence, which is done by a person who is bound by law to do it.
FACTS: 'A', a police officer, without warrant, apprehends 'Z', who has committed murder.

A
'A' is guilty of the offence of wrongful confinement.

B
'A' is not guilty of the offence of wrongful confinement.

C
'A' many be guilty of the offence of wrongful restraint.

D
'A 'cannot apprehend Z without a warrant issued by a court of law.

Question 9
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LEGAL PRINCIPLES:
(1) Whoever causes death by doing an act with the intention of causing death or with the intention of causing such bodily injury as is likely to cause death or with the knowledge that he is likely by such act to cause death commits the offence of culpable homicide.
(2) Mens rea and actus reus must concur to result in a crime which is punishable by the law.
FACTUAL SITUATION: A and B went for shooting. A knows Z to be behind a bush. B does not know it. A induces B to fire at the bush. B fires and kills Z. Has an offence been committed?
DECISION will be _____.

A
A had rea but no actus reus. B had actus reus but no mens rea. No one is guilty

B
A induced B to fire at the bush with the knowledge that Z is there. A is guilty of culpable homicide but B is not guilty of any offence

C
Both A and B are guilty

D
None of the above

Question 10
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LEGAL PRINCIPLES:
(1) The crime of kidnapping involves taking someone away from the custody of their lawful guardian.
(2) The crime of abduction involves inducing or forcing somebody to go away from some place against their will.
FACTUAL SITUATION: A steals B's slave. It is a crime?
DECISION:
I. Kidnapping
II. Abduction
III. Neither
REASON:
(A) Slavery is illegal
(B) A has taken him away from B's lawful custody
(C) A has forced somebody to go with him against his will
DECISION will be ______.

A
I(B)

B
II(C)

C
III(A)

D
II(A)

Submit Test

Judiciary - Con...

Question 1

'A' is not guilty because when he tool the property, he believed in good faith that it belonged to him.

'A' is guilty of an offence of misappropriation.

'A' may be guilty of theft but not for misappropriation.

'A' is not guilty as the property can be recovered from the stranger.

Question 2

B's death is accidental, as A did not have the knowledge that the gun is loaded.

B's death is accidental, as A had no intention to kill B.

B's death is accidental as A was just pointing the gun playfully at B.

B's death is not accidental, as there was want of proper care and caution on the part of A.

Question 3

'A' is liable for insulting 'B'.

'A 'is not liable for his act, as it was of trivial nature.

'A' is liable for his act, as the file touched B's hand.

'A 'is liable for his act, as it assaulted 'B'.

Question 4

'A' has committed culpable homicide not amounting to murder.

'A 'has committed a murder.

'A' has done no offence as he can plead the defence of unsoundness of mind.

'A's family should be responsible for this incident to let him to take child to the well.

Question 5

Yes, since he deprived Z from using his property and used it for his own use

No, since he intended to return the property to Z in the future

No, it is theft and not criminal misappropriation

Yes, since he deprived Z from using his property

Question 6

Roshan was not liable for the offence of murder of Darshan, as Roshan's shots did not hit Darshan

Only Tushar and Taran were liable for the offence of murder of Darshan, as their slots hit Darshan

Roshan along with Tushar and Tarang was liable for the offence of murder of Darshan

Roshan was liable to a lesser extent comparing to his friends for the offence of murder of darshan, as Roshan's shots did not hit Darshar

Question 7

Raja is liable for theft as he failed to return the property even when he knew it was someone else's property

Raja is not liable as he has not taken it away from anyone else's possession and there was no dishonest intention

Raja is liable as you don't expect anything better from a gangster

Raja is not liable as he was confused as to whom he should be returning the property to

Question 8

'A' is guilty of the offence of wrongful confinement.

'A' is not guilty of the offence of wrongful confinement.

'A' many be guilty of the offence of wrongful restraint.

'A 'cannot apprehend Z without a warrant issued by a court of law.

Question 9

A had rea but no actus reus. B had actus reus but no mens rea. No one is guilty

A induced B to fire at the bush with the knowledge that Z is there. A is guilty of culpable homicide but B is not guilty of any offence

Both A and B are guilty

None of the above

Question 10

I(B)

II(C)

III(A)

II(A)

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