Criminal Law – Learning Quiz 10

Principle Under the Transfer of Property Act, 1882 a property must be transferred , by one living person to another living person. The Act deals only with transfer of property between living persons. Facts ‘X’ wants to transfer his property to the presiding deity in a temple situated within the estate of ‘A’.

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 un 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’.

Principle Trespass to land means direct interference with the possession of land without lawful justification. Trespass could be committed either by a person himself entering the land of another person or doing the same through some tangible object(s).

Facts ‘A’ throws some stones upon his neighbour’s (B’s) premises. Which of the following derivations is correct?

Principle The court has power to issue an injunction to prohibit a child marriage from being performed.

Facts: A marriage is performed between A and B. A is of 14 years of age and B of 17 years of age. X is a public spirited person filed a suit to declare the said marriage void. Is the suit maintainable?

Decision

Principle Theft is the dishonest moving of a property with the intension of taking it out from the person’s possession without his consent.
Factual Situation A gives his woollen coat to a dry cleaner along with his wife’s sarees for the purpose of dry cleaning. He is told to collect the clothes after two days. When he comes after two days, he finds that he does not have enough money to pay the dry cleaner. But since due to the winter, he needs the coat desperately, he surreptitiously places the coat near his goods, so that he can quietly take it without the knowledge of the dry cleaner.

Principle: Nothing is an offence, which is done by a person, who at the time of doing it, by the reason of unsoundness of mind is incapable of knowing the nature of the act, or that what he is doing is either wrong or contrary to law.

Facts : Jack has a bad day at work and is called at by all his superiors. On the way back from office, he gets stuck in a traffic jam, which adds to his stress. As, Jack nears his home, a person tries to run across the road. Owing to the stress, Jack runs into the person, grievously injuring him. He is prosecuted and he takes the defence that at the time of doing the act he was really stresses and was incapable of knowing what he was doing was wrong.

Decision

Principle: Money or good given to person by mistake must be returned to the person who gave them.

Facts: Sunil and Suman jointly owed 1000 to Siraj. Sunil pays the whole amount to Siraj in Suman’s absence. Suman after returning from his vacations also paid full amount to Siraj not knowing the fact that Sunil had already paid the same. Is Siraj bound to repay or return the extra money to Suman that he obtained under mistake from her?

Y makes an attempt to steal some jewels by breaking open a box and finds, after opening the box, that there is no jewel in it. Choose the appropriate answer.

Which of the following is correct for the purpose of criminal deception?

Principle One who dishonestly misappropriates or converts to his own use or sells any movable property belonging to another, is guilty of the offence of misappropriation,
Fact ‘A’ takes property belonging to ‘Z’ out of ‘Z’s possession, in good faith, believing when he takes it, that the property belongs to himself. Subsequently, ‘A’ on discovering his mistake, without disclosing the actual facts, dishonestly sells the property to a stranger.

Principle Nothing is an offence, which is done by accident or misfortune and without any criminal intention or knowledge in the doing of a lawful act in a lawful manner by lawful means and with proper care and caution.
Fact ‘A’ takes up a gun, not knowing whether it is loaded or not, points it playfully at ‘B’ and pulls the trigger. Consequently, ‘B’ falls dead

Principle Causing an effect partly by an act and partly by an omission is an offence.

Fact ‘A’ confined her daughter ‘D’ in a room. ‘A’ also did not provide any food to her daughter ‘D’. Consequently, ‘D’ died of starvation.

Principle Where a person lawfully does anything for another person, or delivers anything to him, not intending to do so or to provide gratuitously, and such other person takes the benefit of that, the latter is bound to compensate the former for something done or thing provided, or to restore, the thing so delivered.

Fact Trader ‘A’ delivers certain eatables at B’s house by mistake. ‘B’ consumed the eatables without asking anything. Which of the following derivations is correct?

Principle A person is said to have committed assault when an apprehension is caused in the mind of a person that he is about to use physical force against his body.

Fact ‘A’ abuses ‘B’ while he was sitting in a moving train, by aggressively shaking his fists when ‘B’ was standing on the railway platform at a distance.

Principle Whoever takes away any moveable thing from the land of any person without that person’s consent, he is said to have committed theft.
Fact During his visit to the house of ‘C’, ‘A’ asked ‘B’, the son of ‘C’, to accompany ‘A’ to the forest. Neither ‘A’ nor ‘B’ informed ‘C’ in this regard. ‘B’ accompanied ‘A’ to the forest.

Principle When a person consented to an act to be done by another, he cannot claim any damages resulting from doing that act, provided the act done is the same for which consent is given.

Fact ‘P’ submitted a written consent to a surgeon ‘S’ for undergoing a surgical operation for removal of appendicitis. The surgeon while doing surgery also removed the gall bladder of ‘A’:

Principle There are legal provisions to give authority to a person to use necessary force against an assistant or wrong-doer for the purpose of protecting one’s own body and property as also another’s body and property when immediate aid from the state machinery is not readily available, and in so doing he is not answerable in law for his deeds.

Fact X, a rich man was taking his morning walk. Due to the threat of robbers in the locality, he was carrying his pistol also. From the opposite direction, another person was coming with a ferocious looking dog. All of a sudden, the dog which was on a chain held by the owner, started barking at X. The owner of the dog called the dog to be calm. They crossed each other without any problem. But suddenly, the dog started barking again from a distance. X immediately took out his pistol. By seeing the pistol the dog stopped barking and started walking with the owner. However, X shot at the dog which died instantly. The owner of the dog files a complaint against X, which in due course reached the Magistrate Court. X pleads the right of private defense. Decide.

Principle A person is said to do a thing fraudulently, if he does that thing with intent to defraud, but not otherwise.

Fact ‘A’ occasionally hands over his ATM card to ‘B’ to withdrawn money for ‘A’. On one occasion ‘B’ without the knowledge of ‘A’, uses ‘A’s ATM card to find out the balance in ‘A’s account, but does not withdraw any money,

Principle Whoever takes away with him de any minor less than sixteen years of age if a male, or less than eighteen years of age if a female, out of the custody of parents of such minor without the consent of such parents, is said to commit no offence.
Fact ‘A’, a man, took away a girl below sixteen years to Mumbai without informing the parents of the girl.

Principle Nothing is an offence which is done in the exercise of the right of private defense. Fact ‘A’, under the influence of madness, attempts to kill ‘B’. ‘B’ to save his life kills

Principle Assault is causing bodily injury to another person by use of physical force. Fact Rustum while entering into compartment of a train raised his first in anger towards a person Sheetal, just in front of him in the row, to get way to enter into the train first, but dit not hit him. Rustum has :

Principle When a person interferes with peaceful possession of another person without the permission of the person in possession of those premises, commits trespass to land. Fact ‘T’ just walked over the land of ‘P’ to reach his house as it was a short cut. ‘P’ had displayed a notice that it is not a thoroughfare. ‘P’ did not cause any damage to the land.

Principle Ownership in property consists of right to possess, right to use, right to alienate and right to exclude others. Sale is complete when property gets transferred from the seller to the buyer on sale.

Fact ‘A’ sold his car to ‘B’. After this, ‘B’ requested ‘A’ to keep the car in his care on behalf ‘B’ for one month. ‘A’ agreed.