Criminal Law – Learning Quiz 2

LEGAL PRINCIPLE : False imprisonment is the confinement of a person without just cause or excuse. There must be a total restraint of the person and the onus of proving reasonable cause is on the defendant.

FACTUAL SITUATION : A entered in B’s park where there was an artificial lake for the boating. A paid Rs.100 for entering the park and has to pay Rs.100 at the time of exit. A waited for 30 minutes but no boat was available. A came out, however, denied to pay Rs.100 for exit, B did not allow A to leave the park unless he paid Rs.100 for exit. A sued B for false imprisonment.

LEGAL PRINCIPLE : Attempt is an act done with an intent to commit crime, and forming part of the series of acts which would constitute actual commission of the crime, if not interrupted.

FACTUAL SITUATION : A intending to murder B by poison purchases poison and mixes the same with a glass of water. He gave to the bearer to serve B. The bearer while approaching B, loses the balance and the glass drops out of his tray.

. LEGAL PRINCIPLES:

1 The concept of joint liability comes under Section 34 of IPC which states that “when a criminal act is done by several persons, in furtherance of the common intention of all, each of such persons is liable for that act in the same manner as if it were done by him alone.

2 A person abets an offence, who abets either the commission of an offence, or the commission of an act which would be an offence, if committed by a person capable by law of committing an offence with the same intention or knowledge as that of the abettor.

3.A criminal conspiracy takes place when two or more people get together and plan to commit a crime and then take ‘some action toward carrying out that plan. The action taken does not have to be a crime itself to further the conspiracy.

FACTUAL SITUATION : X and Y conspire to poison Z. X in pursuance of the conspiracy procures the poison and delivers it to Y order that he may administer it to Z. Y in pursuance of the conspiracy, administer the poison in the presence of X and thereby causes Z’s death. What offences X and Y have committed?

LEGAL PRINCIPLES: Whoever, intending to take dishonestly any movable property out of the pos session of any person without that per son’s consent, moves that property in order to such taking, is said to commit theft.

Whoever dishonestly misappropriates or converts to his own any movable property, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

FACTUAL SITUATION : 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:

‘A’ by cutting the moorings of a boat in which a man and a women were sitting, caused in them a fear for life. He is liable for

In Criminal law, intention is an essential constituent of an offence. In law of ‘Torts

You send your servant with a typewriter to be delivered to your friend. The servant takes the typewriter home and uses it over a period of time. You discovered this a fortnight later and report him for

PRINCIPLE: Nothing is an offence which is done in the exercise of right of private defence. This right also extends to lawfully causing the death of the assailant, if the offence which occasions the exercise of the right of private defence, be –

(i) an assault which reasonably causes the apprehension of death or grievous hurt (very serious hurt).

(ii) an assault which causes reasonable apprehension of rape.

(iii)an assault which causes reasonable apprehension of kidnapping This right is available for protecting one’s own body, as well as the body of any other, provided the assault is not self invited. Decide whether the right of private defence is available in the following situations.

FACTS: A was holding the birthday party of his daughter. Some of his friends decided to present her with a car. To create an element of surprise, they decided to kidnap her for few minutes while the party was in full swing and then get her back in the new car. They put the plan into action. While they were kidnapping, A got alarmed and asked the guards to open fire. The guards killed all the five friends. A is

When a court sends some one in judicial custody, what does it mean by judicial custody

A married man commits adultery if he has sexual intercourse with a/an

Sometimes an accused seeks pardon from the court and offers to give evidence against all others involved in a crime. He is called

Culpable homicide means causing death

X takes away a girl out of the custody of her lawful guardians. Which of the following statements is a complete defence if X is charged under section 361 of the Indian Penal Code for kidnapping on the ground that the girl was below the age of eighteen years when taken away?

PRINCIPLE: An assault is an attempt to do a corporeal hurt to another, coupled with an apparent present ability and intention to do that act. A battery is the intentional and direct application of any physical force to the person of another. A was sitting on a chair reading a book. His friend, B decided to play a practical joke on him. Accordingly, he pulled the chair from under him, as a result of which A landed on the floor.

PRINCIPLE: False imprisonment is a total restraint of the liberty of a person, for how so ever short period of time, without lawful excuse.

A was driving down a road heading to her house. As she reached close to her house, she found that a few people led by B, protesting against an unfair law had blocked the road. There was no alternate road to her house and hence she was stuck there for around 5 minutes.

PRINCIPLE: False imprisonment is a total restraint of the liberty of a person, for how so ever short period of time, without lawful excuse.

A was suspected of having committed the murder of B. C, a policeman who was investigating into B’s murder, saw A in a market. He went up to him, caught hold of his hand and prevented him from going anywhere.

PRINCIPLE: When a criminal act is done by one person in furtherance of the common intention of himself and some other persons, each of such person is liable for the act in the same manner as if it were done by each one of them.

A, B and C decided to commit burglary. They broke into a locked house. However, before they had finished their work, a domestic servant appeared from the out-house and started shouting. A, B and C left the house and started running away. They were pursued by a small crowd. A, on being caught by X, one of the persons pursuing them, stabbed him and ran away. By the time B and C had disappeared. X died on account of the stab wounds. Later, the police arrested all the three. They were charged for attempted burglary and murder of X.

Whoever intending to take dishonestly (with an intention to cause wrongful loss to another or wrongful gain to himself) any moveable property without that person’s consent moves that property in order to such taking, is said to commit theft.

A had lent his watch to B for a month. Two days after he had done so, he walked into B’s office to find the watch on B’s table. He decided to take the watch back. A was prosecuted for theft.

PRINCIPLE:

Whoever intending to take dishonestly (with an intention to cause wrongful loss to another or wrongful gain to himself) any moveable property without that person’s consent moves that property in order to such taking, is said to commit theft.

A handed over his watch to B for safekeeping. B sells the watch to C, which he was not authorised to do. B is prosecuted for theft.

PRINCIPLE: Whoever intentionally puts any person in fear of any injury to that person, or to any other, and thereby dishonestly induces that person so put in fear to deliver to any person any property, commits extortion.

A entered B’s house, caught hold of B’s daughter C and threatened to stab her if B did not give him Rs 10,000 immediately. B did so. A is prosecuted for extortion.

A entered B’s house and was taking away her wallet and leaving the house, when he encountered B. He dropped the wallet, but shot her while escaping

PRINCIPLE: Whoever with the intent to cause, or knowing that he is likely to cause wrongful loss or damage to the public or to any person, causes the destruction of property, or any such change in any property or in the situation thereof as destroys or diminishes its value or utility, of affects it injuriously, commits mischief.

A went to B’s house for dinner. He saw that B had a statue made of ice, which was kept in a freezer, A removed the statue from the freezer for a few minutes, which led to the hand of the statue changing shape.

PRINCIPLE: Whoever with the intent to cause, or knowing that he is likely to cause wrongful loss or damage to the public or to any person, causes the destruction of property, or any such change in any property or in the situation thereof as destroys or diminishes its value or utility, of affects it injuriously, commits mischief.

A lent his laptop to B. When in possession of the laptop, B inserted a pen drive into the laptop. When he did a virus scan, he realised that the pen drive was infected. Since he urgently required a file that was on the laptop, he nevertheless opened the files on the pen drive, in the process infecting the laptop.

PRINCIPLE: Whoever enters into or upon property in the possession of another with the intent to commit an offence or to intimidate, insult or annoy any person in possession of such property or having lawfully entered into or upon such property, unlawfully remains there with an intent to intimidate, insult or annoy’ any such person, or with the intent to commit an offence commits criminal trespass.

A went to Delhi Law College to participate in a competition. After participating in the competition, A hid inside the campus so that he could steal a few books from the library,

PRINCIPLE: Every person has a right of self defence, 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