Criminal Law – Learning Quiz 5

An accused is entitled to statutory bail (default bail) if the police failed to file the charge-sheet within ____ of his arrest for the offence punishable, with ‘imprisonment up to 10 years’.

PRINCIPLE: Nothing is an ‘offence’, if committed by a child below seven years of age.

FACTS : Adil, aged six years, is a student of class one. He placed his sharpened pencil on the bench with its pointed end up when his classmate Ajay stood up to answer a question from the teacher. Ajay gets hurt when he sits on the pencil and Adil and his friends have a good laugh. Ajay’s father, on seeing his son injured when he returns home, wants action against Adil Which of the following statements is the most appropriate in relation to the legal principle stated above?

PRINCIPLE: It is an offence to obstruct a public servant in the due discharge of his duty. Right of private defence is available to protect one’s person and property.

FACTS: Sidhu comes to the rescue of his uncle who is sought to be taken into a car by some men. In the process, he causes injury to some of them. Later, it turns out that the men were police persons in plain clothes trying to enforce a warrant against his uncle. Which of the following statements is the most appropriate in relation to the legal principle stated above?

.  PRINCIPLE: Parents are not liable for wrongs committed by their children unless they provide the opportunity for such wrongful acts to be committed by their children.

FACTS: Sunil, a minor, takes the keys to his father’s car from the table top where his father keeps it, drives the car on the public road and hits a pedestrian who gets injured. Which of the following statements is the most appropriate in relation to the legal principle stated above?

What does FIR stand for under the Criminal Law?

PRINCIPLES:

1. An attempt is an act committed in part execution of a criminal design or intent, more than mere preparation, but failing short of actual commission.

2. Whoever, by deceiving any person, fraudulently or dishonestly induces the person so deceived to deliver any property to any person, or to consent that any person shall retain any property, or intentionally induces the person so deceived to do or omit to do anything which he would not do/ omit if he were net so deceived, and which act or omission causes or is likely to cause damage or harm to that person in body, mind, reputation or property, is said to “cheat”.

3. Preparation is the second stage in the commission of a crime. It means to arrange the necessary measures for the commission of the intended criminal act.

4. Whoever causes death by doing an act with the intention of causing death, or with the intention of causing such bodily injury as is likely to cause death, or with the knowledge that his act is likely to cause death, commits the offence of murder.

5. Whoever causes the death of any person by doing any rash or negligent act shall be guilty of negligence.

In which of the following cases, X is guilty of attempting to commit the offence?

PRINCIPLES:

1. An attempt is an act committed in part execution of a criminal design or intent, more than mere preparation, but failing short of actual commission.

2. Whoever, by deceiving any person, fraudulently or dishonestly induces the person so deceived to deliver any property to any person, or to consent that any person shall retain any property, or intentionally induces the person so deceived to do or omit to do anything which he would not do/ omit if he were net so deceived, and which act or omission causes or is likely to cause damage or harm to that person in body, mind, reputation or property, is said to “cheat”.

3. Preparation is the second stage in the commission of a crime. It means to arrange the necessary measures for the commission of the intended criminal act.

4. Whoever causes death by doing an act with the intention of causing death, or with the intention of causing such bodily injury as is likely to cause death, or with the knowledge that his act is likely to cause death, commits the offence of murder.

5. Whoever causes the death of any person by doing any rash or negligent act shall be guilty of negligence.

FACTS: Amar applied for the post of P. G. Teacher in a government school and submitted his application along with his degrees. He was called for the interview on 10 June 2018. But the school authorities on 10 May 2018 discovered that the copy of the degrees attached with Amar’s application are forged and so the interview was cancelled. Is any offence committed by Amar?

PRINCIPLES:

1. An attempt is an act committed in part execution of a criminal design or intent, more than mere preparation, but failing short of actual commission.

2. Whoever, by deceiving any person, fraudulently or dishonestly induces the person so deceived to deliver any property to any person, or to consent that any person shall retain any property, or intentionally induces the person so deceived to do or omit to do anything which he would not do/ omit if he were net so deceived, and which act or omission causes or is likely to cause damage or harm to that person in body, mind, reputation or property, is said to “cheat”.

3. Preparation is the second stage in the commission of a crime. It means to arrange the necessary measures for the commission of the intended criminal act.

4. Whoever causes death by doing an act with the intention of causing death, or with the intention of causing such bodily injury as is likely to cause death, or with the knowledge that his act is likely to cause death, commits the offence of murder.

5. Whoever causes the death of any person by doing any rash or negligent act shall be guilty of negligence.

FACTS: X tries to pickpocket Z. Z has a loaded pistol in, his pocket. X’s hand touches the pistol and triggers it, resulting in the death of Z. Which of the following offence is committed by X?

PRINCIPLE: Whoever takes away any moveable thing from the land of any person without that person’s consent is said to commit theft.

FACTS: During his visit to the home of C, A asks B, the son of C, to accompany A to a forest. Neither A nor B inform C in this regard. B accompanies A to the forest.

PRINCIPLE: Nothing is an offence if it is done in good faith for the purpose of preventing or avoiding greater harm or damage to person or property.

FACTS: A jumps into a swimming pool to save a boy from drowning. While pulling the boy from water A was hit by C. A left the boy in the water and attacked C. The boy died in the water

PRINCIPLE: Causing of an effect partly by an act and partly by an omission is an offence.

FACTS: A did not provide any food to his daughter D. He also confined D in a room. Consequently, D died.

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

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

PRINCIPLE: A man is guilty of not only for what he actually does but also for the consequences of his doing.

FACTS: A wanted to kill the animal of B. He saw B standing with his animal and fired a gun shot at the animal. The gun shot killed B.

PRINCIPLE: Whoever attempts to commit the offence of cheating, commits an offence.

FACTS: A with an intention to defraud B, obtains from him an amount of Rs. 500.

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 by reason of any harm it may cause to another person, if it is done in good faith and for the benefit of that person even without that person’s consent.

FACTS: A is attacked by a Lion and Lion drags him while he is crying for help. B, a passer by picks up A’s gun in good faith and fires at Lion which injures A. B has never used the gun before.

PRINCIPLE: Nothing is an offence if it is done under intoxication and the person committing the offence was incapable to understand the nature of the Act. Intoxication should be without knowledge or against the will of the person.

FACTS: A, B and C were having a party in Bar where A persuaded B and C to take alcoholic drinks. On the persistent persuasion B and C also consumed alcohol along with A. B and Chad never consumed alcohol before. After intoxication, there was some argument between B and C where C pushed B with full force causing serious injury to B.

PRINCIPLE: Everyone has the right of private defence to defend his body and property by use of reasonable force unless that person had time to have recourse to protection of public authorities.

FACTS: X receives information at 5.00 pm that Y along with few friends is planning to burn his crop at midnight which is ready to be harvested. He does not inform the village Police Station which was just one kilometer away. He gathers his family members and directs them to collect some weapons in the form of swords and lathis to protect his field/crop. At around 11.00 pm Y and his aides attack the crop and a severe fight ensues wherein Y is seriously injured.

PRINCIPLE: Anyone who induces or attempts to induce a voter to vote in a particular manner on the ground that the voter will face divine displeasure, shall be guilty of offence of interfering with free exercise of right to vote.

FACTS: During election campaign period one candidate X told the voters that if they do not vote for her, voters will be cursed because the election candidate is the God’s own child and those who do not vote for her, they will not be liked by God.

PRINCIPLE: Doing of an act which causes common injury, danger or annoyance to public or which is likely to cause such injury or annoyance is Public nuisance. A common nuisance is not excused because it causes some nuisance or advantage.

FACTS: ‘A’ a farmer having large farmlands burns crop residue (stubble) on his fields after harvesting the crop to make the field ready for next crop as this is the easy, fast and convenient method of making the field ready for next crop. His farmlands are adjoining a densely inhabited residential area and people pass through the smoke while travelling on the road adjoining his farmlands. The smoke caused by fire also enters the houses in the colony

PRINCIPLE: Death caused by rash or negligent act of a person is an offence.

FACTS: X was driving his SUV car in a lonely road leading to a forest at 160 km per hour. Suddenly, someone appears from the forest on the road and in the resultant accident, the car hits the commuter causing his death.

PRINCIPLE: Whoever causes death by rash or negligent act commits an offence.

FACTS: X is having a house on the roadside which is also having a street on the back of the house. He has a lawn on the back of his house where he has built a toilet. To prevent the intruders from entering his house, he got the fence charged with a high voltage live electric wire. Z was passing through the street at the backyard of the house of X and sat down to take rest near the fence. While getting up, his hands came in contact with the fence which was connected to high voltage electric wire causing his death.

PRINCIPLE: Killing is not murder, if it is committed in a sudden fight without pre meditation in a heat of passion upon a sudden quarrel.

FACTS:X and Y were buying liquor from a liquor shop at 7 pm. Y abused X and there was quarrel between them. X told Y that he will not spare him and Y shouted that his house is adjoining the shop only and if X had the guts, he can come anytime. X went back to his shop which was nearby, procured a knife and went to Y’s residence at 9 pm and stabbed him to death.

PRINCIPLE: Use of criminal force intentionally knowing that it would cause or is likely to cause injury or annoyance to the person against whom force is used is an offence.

FACTS: X, a renowned social worker who had launched a movement for liberation of women, pulls up a Muslim women’s veil in public in good faith without her consent causing annoyance to her.

PRINCIPLE: Inducing any animal to move or to change its motion and thereby intentionally causing fear of injury or annoyance to others by such act, is an offence of use of criminal force.

FACTS: X incites his dog to chase and run after his neighbor Y, to teach Y to stay away from him. The act is done without neighbor’ consent and against his will