Judiciary - Con...

LEGAL PRINCIPLES:
(1) An act done by the consent of a person above 18 years is not an offence, provided the offender did not intend to cause death or grievous hurt.
(2) Mere pecuniary benefit is not a thing done for a person's benefit.
FACTUAL SITUATION:

LEGAL PRINCIPLES:
(1) Preparation to commit an offence is not an offence.
(2) After one has finished preparation to commit an offence, any act done towards committing the offence withe intention to commit it, is an attempt to commit the offence, which is by itself an offence.
FACIAL SITUATION: Manish wanted to kill Nandini and had therefore gone to the market to buy explosives to plant in her house. Manish kept those explosives in his godown as he planned to plant them early next morning. But as the explosives were stolen in the night he could not plant them in Nandini's house. However, Nandini came to know about Manish's plan and therefore wants to file a complaint against him. Will she succeed?
DECISION will be ______.

LEGAL PRINCIPLE: No person shall be convicted of any offence except for violation of a law in force at the time of commission of the act charged as an offence, nor subjected to a penalty greater than which might have been inflicted under the law in force at the time commission of the offence.
FACTUAL SITUATION: A boy of 16 years was convicted of house trepass and theft. He was sentenced to imprisonment for 6 months and fine was also imposed. After the judgement, the Probation of Offenders Act came into force. It provided that a person below 21 years may not ordinarily be sentenced to imprisonment. Now the boy claims the benefit of this Act. Should he get it?
DECISION will be ______.

PRINCIPLE: The law permits citizens to use force only for protection when necessary against imminent attack.
FACTS: P with the intention of committing theft entered the house of Q. Q on seeing him entering, struck him with a a lathi and P fell down unconscious. Thereafter, Q gave him another blow of lathi on his head which caused his death. On being prosecuted for murder, Q took the plea of private defence. Which of the following arguments is valid?

LEGAL PRINCIPLES: (1) Whoever, intending to take dishonestly any movable property out of the possession of any person without that person's consent, moves that property in order to such taking, is said to commit theft.
(2) Whoever dishonestly misappropriates or converts to his own use any movable property, shall be punished with imprisonment of either description for a term may extend to two years, or with fine, or with both.
FACTS: A takes umbrella belonging to Z out of Z's possession in good faith, believing at the time when he took it, that the property belongs to himself. His wife points out after some days that the umbrella does not belong to them but to Z. After coming to know that, A dishonestly keeps the umbrella.
DECISION will be _____.

PRINCIPLE: A person is said to cause an effect "voluntarily" whereby he intended to cause it or by means which, at the time of employing those means, he knew or had reason to believe, to be likely to cause it.
FACTS: A sets fire, by night, to an inhabited house in a large town, for the purpose of facilitating a robbery and this causes death of a person. A pleaded that he had intended the robbery but not the causing of death and he is sorry for the death caused by his act. Is A liable for causing the death voluntarily?

PRINCIPLE: Nothing is an offence merely by reason of its being done with the knowledge that it is likely cause harm, if it be done without any criminal intention to cause harm and in good faith for the purpose of preventing or avoiding other harm to a person or property.
FACTS: Mr. Shaman, the Italian captain of a steam vessel, suddenly and without any fault or negligence on his part, finds himself near the Kochi coast in such a position that before he can stop his vessel, he must inevitably run down a boat B with twenty or thirty passengers on board, unless he changes the course of his vessel and that by changing his course, he must incur risk of running down a boat C with only two passengers on board, which he may be possibly clear. Whether Sharman has committed an offence?

LEGAL PRINCIPLE: Wilful rash driving is an offence
FACTS: Mr. Tiwari was driving his car after drinking alcohol. Police books him for wilful negligent driving. Is this act of the police lawful?

The temporary release of a convicted prisoner from jail for a fixed period is called

PRINCIPLE: Every person has a right of self-defece, if his life is under imminent threat.
FACTS: Mr. Prashanth threatens Mr. Krishna that he will kill Mr. Krishna. After saying so, Mr. Prashanth goes to his house saying that he would get his axe.