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Judiciary - Constitutional, Civil, Criminal Courts and Processes Test 30

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Judiciary - Constitutional, Civil, Criminal Courts and Processes Test 30
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  • Question 1
    1 / -0
    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'.
    Solution
    Y has the right of private defense against X. Even though the act of attempt of X to kill Y is not an offence as done under the influence of madness i.e. unsoundness of mind.
    But according to the principle in question Y has the same right of private defence available to itself as if the act of X were an offence. 
    Therefore, even if the act of X was not an offence, it has no effect on the right of Y to defend himself. 
    Therefore, option A is the correct answer.
    Section 76-106 of Indian Penal Code talks about General exceptions to an offence, 
  • Question 2
    1 / -0
    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.
    Solution
    A has committed forgery. If we apply the principle directly to the facts it is clear that A has used Z's seal without Z's authority with the intention of fooling B to believe that the said property belongs to him. So as to further commit fraud with B. Therefore, A has committed Forgery.
  • Question 3
    1 / -0
    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.
    Solution
     
    The essentials of principle given are 3 fold- 
    Firstly, that the person in question must know the truth and must be legally bound to furnish the truth to the public servant.
    Secondly, that the person must despite knowing the truth furnishes wrong information.
    Thirdly, that such false information must be furnished to a public servant.
    Sawant is guilty of offence of furnishing false information to the Magistrate. Since he was legally bound to furnish information of commission of Murder to the  Magistrate who is a public servant. Knowing the truth he furnished false information.
  • Question 4
    1 / -0
    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.
    Solution
    Since B is less than the age of 18 years he cannot enter into a pact to suffer any harm. Therefore, any person causing harm to him would be committing an offence. 
    therefore, A is liable of causing harm to B.and has committed an offence.
  • 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.
    Solution
    A has committed the offence of killing his father. Both omissions to give food to his father and Beating up his father have contributed in the death of A's Father equally. The principle states that causing of an effect, here the death of A's father, partly by an act and partly by an omission is the same offense.
    Therefore A has committed the offence of the killing of his father.
  • Question 6
    1 / -0
    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.
    Solution
    Z is not guilty of sedition because he has not tried to bring hatred or contempt or excited disaffection towards the Government of India. He did not incite people to use the the measures that tried to break law and order of the country. Rather asked them to use a democratic way of voting them out of the Power. He also has the freedom of speech in public that is safeguarded by Article 19 of the constitution of India.
  • 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 ______.
    Solution
    A is not guilty of killing Z as his act was done in good faith and to save the child. The Principle states that an act done even without the consent of a person is not an offence if done in good faith and for the benefit of the other person. 
    here, A dropped Z out of the house in order to save it from the fire and not to kill him. therefore, a direct application of Principle to the Facts yield the correct option as C.
  • Question 8
    1 / -0
    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 ______.
    Solution

    The principle says that a child below 12 years age is not guilty of any offence. With the exception that a child might be guilty of committing an offence if he is mature enough to understand the nature and consequences of the acts. Here, Sahil is of 10 years that is below the age of 12 years. Therefore, the next step must be to see whether he understands the nature and consequence of this act of stealing the gold coin. Clearly, neither Sahil nor Rachna are mature enough to understand the nature of their acts since, Sahil gave the coin to Rachna who thought it to be one of her toys and places it with her other toys. Henceforth, none of them is liable for offence.

  • Question 9
    1 / -0
    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 _____.
    Solution
    A is not guilty of murder as he was bound to do it as per the orders were given to him by his superiors. He is bound by law to follow the orders of his superiors, therefore, according to the principle, any act was done by a person who is bound by law or believes himself to be bound by law to do it, is not an offence. 
    Hence, a mere reading of Facts wit Principle makes it clear that A is not guilty of murder as he was bound by the law to do it.
  • Question 10
    1 / -0
    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.
    Solution
    Y has committed theft. The principle states that there is a commission of theft as soon as a thing so attached to the Earth is severed from the Earth.
    As soon as Y severed tree belonging to X from X's land the tree became subject of theft. As soon as Y did an act to take away a property belonging to X from his possession he has committed theft. Actual taking away of the property is not a necessary and mere change in property with the intention of taking it away is theft. 
    therefore, even though Y is yet to take the tree out of X's possession he has committed theft as soon as he severed the tree from X's land.
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