Criminal Law Test-3

Principle: Interference with someone ’s possession or enjoyment of land constitutes the tort of trespass

Facts: V, a class 10 student, is riding his bicycle back home at night after tuitions. Since he is getting late for dinner, he decides to take a shortcut and thinking that he is passing through his father ’s property, ends up passing through S ’s property. S sees him and sues him for trespass.

In kidnapping, the consent of the minor is –

Principle: Nothing which is not intended to cause death, is an offence by reason of any harm which it may cause, or be intended by the doer to cause, or be known by the doer to be likely to cause, to any person for whose benefit it is done in good faith, and who has given a consent, whether express or implied, to suffer that harm, or to take the risk of that harm.

Facts: A fake doctor operated on a man for internal piles by cutting them out with a kitchen ordinary knife. The man died of hemorrhage.

Principle 1: Every person has a right to defend his own body, and the body of any other person, against any offence affecting the human body. Nothing is an offence which is done in the exercise of the right of private defence.
Principle 2: The right of private defence of the body extends to the voluntary causing of death or of any other harm to the assailant, if the offence reasonably causes the apprehension that death, or grievous hurt will otherwise be the consequence of such assault. Also, if the assault is with the intention of committing rape, gratifying unnatural lust, kidnapping or abducting, or wrongfully confining a person under circumstances which may reasonably cause him to apprehend that he will be unable to have recourse to the public authorities for his release, he will have the right of private defence of the body extending to causing of death.
Principle 3: 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.

Facts: Prateek, who is Prakha ’s younger brother, under the influence of madness, attempts to kill Sachan, who is Prakha ’s boyfriend. Prakha, not knowing how to react, and seeing Sachan helpless and on the verge of being murdered, hits on Prateek ’s head with an antique metal vase. Prateek dies on the spot. Can Prakha claim the right of private defence of body?

Principle: Nothing which is not intended to cause death, is an offence by reason of any harm which it may cause, or be intended by the doer to cause, or be known by the doer to be likely to cause, to any person for whose benefit it is done in good faith, and who has given a consent, whether express or implied, to suffer that harm, or to take the risk of that harm.

Facts: Dr Mortimer performed a kidney operation upon James for removal of kidney stones. James was already affected by HIV. Dr Mortimer had warned James of all the possible risks. James, out of his own volition, decided to undertake the risks and signed a bond certifying the same. James died of hemorrhage as a result of the operation.

Principle: Every person who commits an offence in the territory of India shall be guilty within the meaning of Indian Penal Code.

Facts: John, a citizen of France commits murder in Madras. In this case

Principle: Nothing is an offence which is done by accident, and without any criminal intention.

Facts: Aneez fires a revolver in the air. Ahmad, who is coming down by a parachute is hit and killed. In this case

Principle: Every person has a right to defend his own body and the body of any other person, against any offence committed by anybody.

Facts: Vasu, under the influence of madness, attempts to kill Venkatesh. Venkatesh, defending himself against Vasu 's attacks, kills Vasu. In the present case,

Principle: A person who instigates another person to commit an offence is said to abet the said offence.

Facts: Vidhu instigates Bhaskar to murder Shobhit. Bhaskar, in pursuance of the instigation, stabs Shobhit. Shobhit subsequently recovers from the wound. In the present case

Principle: A person is guilty of cheating, when he fraudulently induces another person to deliver the latter 's property to him.

Facts: Vimal falsely represented to Kamal, a shop owner that he was an officer from the Commercial Tax Department. While examining the accounts of the shop, Vimal showed interest in buying a microwave oven on instalment basis. Kamal readily agreed with the hope that he would get a favorable assessment from Vimal regards his tax liability. Vimal paid the first installment, took the microwave oven and disappeared from the scene. The police, however, managed to catch hold of Vimal and prosecute him for cheating.