Self Studies

Judiciary - Con...

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  • Question 1
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    PRINCIPLE: When an act which would otherwise be a certain offence, is not that offence, by reason of the youth, the want of maturity of understanding, the unsoundness of mind or the intoxication of the person doing that act, or by reason of any misconception on the part of that person, every person has the same right of private defence against that act which he would have if the act were that offence.
    FACTS: 'X', under the influence of madness, attempts to kill 'Y'.

  • Question 2
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    PRINCIPLE: Whoever makes any false document or part of a document with intent to cause damage or injury, to the public or to any person, or to support any claim or title, or to cause any person to part with property, or to enter into any express or implied contract, or with intent to commit fraud or that fraud may be committed, commits forgery.
    FACTS: 'A' without 'Z's authority affixes 'Z's seal to a document purporting to be conveyance of an estate from 'Z' to 'A', with the intention of selling the estate to B and thereby obtaining from 'B' the purchase money.

  • Question 3
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    PRINCIPLE: Whoever, being legally bound to furnish information on any subject to any public servant, as such, furnishes, as true, information on the subject which he knows or has reason to believe to be false, has committed a punishable offence of furnishing false information.
    FACTS: Sawant, a landholder, knowing of the commission of a murder within the limits of his estate, wilfully misinforms the Magistrate of the district that the death has occurred by accident in consequence of the bite of a snake.

  • Question 4
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    PRINCIPLE: A pact, other than a pact to commit suicide, to suffer any harm is not an offence, provided, the age of the person who has given his consent to suffer harm is above eighteen years.
    FACTS:A enters into a pact with B, a boy of less than 18  years of age, to fence with each other for amusement. They agreed to suffer any harm which, in the course of such fencing may be caused without foul play.

  • Question 5
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    PRINCIPLE: Wherever the causing of a certain effect, or an attempt to cause that effect, by an act or by an omission, is an offence, it is to be understood that the causing of that effect partly by an act and partly by an omission is the same offence.
    FACTS: A intentionally omitted to give food to his father. He also used to beat his father. Consequently, A's father died.

  • Question 6
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    LEGAL PRINCIPLE OF SEDITION: Whoever by words, by signs or otherwise brings into hatred or contempt or excites disaffection towards the Government established by Law in India shall be punished with imprisonment for life.
    FACTUAL SITUATION: In a public meeting, Z, the leader of an opposite party thunders, "this is a Government of soundrels, bootleggers and scamsters. They deserve to be unseated. Teach them a lesson in the coming elections by voting them out of power". The Government prosecutes Z for sedition.
    DECIDE.

  • Question 7
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    LEGAL PRINCIPLE:
    (1) An act done, even if without the consent of a person is not an offence, provided the offender did not intend to cause death, and the act was done for the person's benefit, in good health.
    (2) Mere precuniary benefit is not a 'thing done for a person's benefit'.
    FACTUAL SITUATION:

     A is in a house, which is on fire, with Z, a child. People below hold out a blanket. A drops the child from the house top, knowing it to be likely that the fall may kill the child but intending to save him from the fire. Unfortunately, the child is killed. Is A guilty?
    DECISION will be ______.

  • Question 8
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    LEGAL PRINCIPLE: Acts done by children below 12 years of age are not offences if they are not mature enough to understand the nature and consequences of the acts.
    FACTUAL SITUATION: Sahil, a child, of 10 years of age, finds a gold coin in his uncle's home. He gives the coin to his sister Rachna who is eight years old. The uncle reports the matter to the police. The police finds the gold coin kept in the toys of Rachna. Rachna tells the police that Sahil had given the coin to her.
    DECISION will be ______.

  • Question 9
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    LEGAL PRINCIPLE: Nothing is an offence, which is done by any person who is, or who by reason of mistake of fact, in good faith, believes himself to be bound by law to do it.
    FACTUAL SITUATION: A, soldier fires on a mob by the order of his superior officer, in conformity with the commands of the law. B is killed due to such firing, Is A guilty or murder?
    DECISION will be _____.

  • Question 10
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    PRINCIPLE: Whoever takes away anything from the land of any person without that person's consent is said to have committed theft. A thing so long as it is attached to the earth is not the subject of theft; but it becomes capable of being the subject of theft as soon as it is severed from the earth.
    FACTS: Y cuts down a tree standing on the land of X with the intention of dishonestly taking the tree out of X's possession without the consent of X. But Y is yet to take away the tree out of X's possession.

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