Criminal Law Test-4

On 9 March 2018  the Supreme Court of India  legalised passive euthanasia by means of the withdrawal of life support to patients in a permanent vegetative state. The decision was made as part of the verdict in a case involving  Aruna Shanbaug, who had been in a Persistent Vegetative State (PVS) until her death in 2015.

There are certain categories of  "strict  liability "offences  where proof of  the guilty act alone  is sufficient for  conviction. They are:

• where the offences are not criminal in any real sense, but are acts which in the public interest are prohibited under a penalty  (i.e., revenue statutes); or
•  public nuisances; or
•  where, although the proceeding is criminal in form, it is really only a summary mode of enforcing a civil right  (i.e., unintentional trespass).

IPC Section 96 to 106 of the penal code states the law relating to  the right of private defence  of person and property. It is  a right  inherent in a man. But the kind and amount of force is minutely regulated by law. The use of force to protect one 's property and person is called  the right of private defence.

The Right of private defence of property commences when a reasonable apprehension of danger to the property commences. It is available in case of  theft, mischief, or criminal trespass.

The Bombay Police Act, 1951 was amended in 2005 with the object of securing public order, morality, dignity of women, and reducing exploitation of women including trafficking of minor girls. Section 33A was inserted that prohibited performance of all types of dance in eating houses or permit rooms or beer bars. Section 33B was inserted that permitted three star hotels and Government associated places of entertainment to hold dance performances. The Indian Hotel &Restaurants Association filed a writ petition challenging Section 33A of the Bombay Police Act, 1951 before the Bombay High Court.

Under Section 378, theft is defined as whoever, intending to take dishonestly any moveable property out of the possession of any person without that per ­son ’s consent, moves that property in order to such taking.

Whoever commits culpable homicide not amounting to murder shall be punished with imprisonment for life, or imprisonment of either description for a term which may extend to ten years, and shall also be  liable  to fine, if the act  by  which the  death  iscaused  is done with the intention of  causing death, or of  causing.

Because the vehicle was not insured and x was merely working in the course of his employment. X was driving car belonging to Y .

The purpose and objective of conducting these proceedings are different. Hence, both the proceedings should be simultaneously carried out.

A is liable to both the punishments because first of all A  is beating Z  for which he should be punished and  when Y  jumps in, A  intentionally strikes y so  he should be punished for this  too.