Criminal Law – Learning Quiz 4

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 with the intention to commit it, is an attempt to commit the offence which is by itself an offence.

FACTUAL SITUATION : A wanted to kill B and had therefore gone to the market to buy explosives to plant in his house. After A has planted the bomb, he felt guilty and went back to remove the bomb but while he was doing so, B saw him and called the police. Can A be held liable ?

DECISION :

In which of the following cases, the Supreme Court, held that demand for dowry can be made at any time and not necessarily before marriage ?

Definition of Attempt : Lord Blackburn has said that “there is no doubt that there is difference between a preparation antecedent to an attempt and the actual attempt, but if the actual transaction has commenced which would have ended in the crime if not interrupted, there is clearly an attempt to commit the crime.”

1. Fault element: Intention or knowledge requisite for committing an offence; and

2. Conduct Element: does any act towards its commission and has crossed the stage of preparation. This act is so closely connected with, and proximate to the commission that it fails in object because of facts not known to him or because of circumstances beyond his control.

FACTS :  ‘RANI’ ran to a well stating that she would jump into it, and she started running towards the well but she was caught before she could reach it.

Definition of Attempt : Lord Blackburn has said that “there is no doubt that there is difference between a preparation antecedent to an attempt and the actual attempt, but if the actual transaction has commenced which would have ended in the crime if not interrupted, there is clearly an attempt to commit the crime.”

1. Fault element: Intention or knowledge requisite for committing an offence; and

2. Conduct Element: does any act towards its commission and has crossed the stage of preparation. This act is so closely connected with, and proximate to the commission that it fails in object because of facts not known to him or because of circumstances beyond his control.

Facts : ‘SINY’ with an intention to pick-pocket puts his hand into MINU’s pocket. MINU had a loaded pistol in his pocket. The thief touches the pistol and trigger goes on, whereby MINU is shot dead.

Definition of Attempt : Lord Blackburn has said that “there is no doubt that there is difference between a preparation antecedent to an attempt and the actual attempt, but if the actual transaction has commenced which would have ended in the crime if not interrupted, there is clearly an attempt to commit the crime.”

1. Fault element: Intention or knowledge requisite for committing an offence; and

2. Conduct Element: does any act towards its commission and has crossed the stage of preparation. This act is so closely connected with, and proximate to the commission that it fails in object because of facts not known to him or because of circumstances beyond his control.

Facts: ‘JAM’ denied food to his wife JANE for several days by keeping her confined in a room with an intention to accelerate her death. JANE ultimately managed to escape.

PRINCIPLE : Whoever, intending to take dishonestly any movable property out of the possession of any person without that person’s consent moves that property, such taking is said to commit theft.

FACT : RAMU cuts down a tree on RINKU’S ground, with the intention of dishonestly taking the tree out of RINKU’S possession without RINKU’S consent. A could not take the tree away.

PRINCIPLE: Preparation is not an offence except the preparation of some special offences.

FACT: Ramesh keeps poisoned halua in his house, wishing to kill Binoy whom he invited to a party and to whom he wishes to give it. Unknown to Ramesh, his only son takes the halua and dies. In this case

PRINCIPLE: 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, or that he is doing what is either wrong or contrary to law.

FACT: A takes his son B who is three years old, for a bath to the well. He throws his son inside the well so that he could have a good bath. After 10 minutes he also jumped in the well to take a bath and take his son out of the well. Both were rescued by the villagers but his son was found dead.

Assertion (A) : Attempt to commit an offence though does not result in any harm, should also be punished.

Reason (R) : A person who tries to cause a prohibited harm and fails, is, in terms of moral culpability, not materially different from the person who tries and succeeds.

 Assertion (A): An accused person cannot be forced to give his thumb impression.

Reason (R) : An accused person cannot be compelled to be a witness against himself.

PRINCIPLE: Killing is not murder if the offender, whilst deprived of the power of self control by intense and sudden provocation, causes the death of the person who gave the provocation.

FACTS: ‘A’, a man found his girl friend sleeping, in her own bed room, with another man named ‘B’. ‘A’ did not do anything but went to his home, picked a gun and cartridges, returned to the girl friend’s bed room with loaded gun but found the place empty. After fifteen days he saw his girl friend dining in a restaurant. Without waiting for even a second, ‘A’ fired five bullets at his girl friend who died on the spot.

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.

FACTS: ‘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 of an effect partly by an act and partly by an omission is an offence.

FACTS: ‘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: Whoever takes away any moveable thing from the land of any person without that person’s consent, he is said to have committed theft.

FACTS: 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: Existence of all the alleged facts is relevant, whether they occurred at the same time and place or at different times and places.

FACTS: ‘A’, a citizen of England, is accused of committing murder of ‘B’ in India by taking part in a conspiracy hatched in England.

PRINCIPLE: Nothing is an offence which is done by a child under twelve years of age, who has not attained sufficient maturity of understanding to judge the nature and consequences of his conduct on that occasion.

FACTS: Himesh, 11 years old boy, picks up a gold ring worth Rs 5000 lying on a table in his friend’s house and immediately sells it for Rs 2000, and misappropriates the money.

PRINCIPLE: Whoever does not arrest the killer and report the matter to the concerned authorities commits an offence.

FACTS: ‘A’, a woman, sees ‘B’, another woman, killing a third woman ‘C’. ‘A’ neither attempted to arrest ‘B’ nor informed the concerned authorities.

PRINCIPLE: One who dishonestly mis appropriates or converts to his own use or sells any movable property belonging to another, is guilty of the offence of misappropriation.

FACTS: ‘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.

PRINCIPLES:  A person is said to abet the doing of a thing when he instigates any other person to do that thing. Mere acquiescence, however, does not amount to instigation.

FACTS: ‘A’ says to ‘B’: I am going to kill ‘C’.” And, ‘B’ replies: “Do as you wish and take the consequences”; whereafter ‘A’ kills ‘C’.

PRINCIPLE : Penal laws provide that whoever voluntarily has carnal intercourse against the order of nature with any man or woman, shall be punished for rape.

FACTS: A Police Officer found a man engaged in carnal intercourse with an animal. The Police Officer arrested the man and produced him before the Court.

PRINCIPLE : Section 34 of Indian Penal Code provides 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.’

FACTS : Three vagabonds, Sanju, Dilbag and Sushil decided to commit burglary. In the night, Sushil opened the lock and they broke into a rich man’s house when the entire family was on a pilgrimage. Sanju had gone to that house earlier in connection with some cleaning Job. There was only a servant lady in the house. Hearing some sounds from the master bed room, the servant switched on the lights and went up to the room from where she heard the sound. Noticing that the servant was going to cry for help, Sanju grabbed her and covered her mouth with his hands and dragged her into the nearby room. The other two were collecting whatever they could from the room. When they were ready to go out of the house, they looked for Sanju and found him committing rape on the servant. They all left the house and the servant reported the matter to the police and identified Sanju. Subsequently, all three were arrested in connection with the offences of house breaking, burglary and rape. Identify the legal liability of the three.

PRINCIPLE : When a person falsifies something with the intent to deceive another person or entity is forgery and is a criminal act. Changing or adding the signature on a document, deleting it, using or possessing the false writing is also considered forgery. In the case of writing to fall under the definition, the material included must have been fabricated or altered significantly in order to represent something it is actually not.

FACTS : John was a publisher of ancient books and papers. In one of his books on the World Wars, he gave photograph of some letters written by famous historic personalities. A researcher in history noted that in the pictures of some of the letters printed in the book, John had added some words or sentences in his own handwriting to give completeness to the sentences, so that the readers will get a clear picture of the writer’s intention. The researcher challenges the originality of those pictures and claims that the book containing the forged letters should be banned. Examine the validity of the researcher’s demand

PRINCIPLE : There are legal provisions to give authority to a person to use necessary force against an assailant 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.

FACTS : 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 defence. Decide.

PRINCIPLE: In criminal law, misappropriation is the intentional, illegal use of the property or funds of another person for one’s own use or other unauthorized purpose, particularly by a public official, a trustee of a trust, an executor or administrator of a dead person’s estate or by any person with a responsibility to care for and protect another’s assets. Embezzlement is misappropriation when the funds involved have been lawfully entrusted to the embezzler. On the contrary, theft is the illegal taking of another person’s property or services without that person’s permission or consent with the intent to deprive the rightful owner of it.

FACTS : A went for swimming at the Municipal Swimming Pool. A handed over all his valuables, including some cash to X, the guard on duty for safe custody, as notified by the Municipality. After swimming for an hour, A came out and searched for X. He found another guard on duty and that guard informed A that X had gone home after completing his shift and did not hand over anything to be given to A. A registered a complaint with the police. X was traced but he told the police that he sold all the valuables and the entire cash was used for drinking liquor. What offence, if any, was/were committed by X?

PRINCIPLE: Nothing is an offence which is done in the exercise of the right of private defence.

FACTS : ‘A’, under the influence of madness, attempts to kill ‘B’, ‘B’ to save his life kills ‘A’.