Criminal Law – Learning Quiz 9

The Indian Evidence Act, 1872 helps in

The criminal procedure code is of

Actus Reas means

A person with innocent mind

Ignorance of law is

Homicide means killing of a human being by

Unlawful homicide includes

Extortion is almost equal to offence of

Theft is defined only for

If the things removed temporarily with dishonest intention amount to

PRINCIPLE The right of private defence entitles one to do harm to a proportional extent provided it is done in good faith, it is proportional and is inflicted only to the extent is necessary to stop a person from committing harm against oneself.
FACTS A doctor with the intention of saving a terminal patient’s life decides to administer an experimental drug to the patient without informing the patient or taking consent from the patient’s relatives leading to the patient’s death.

FACTS ‘A’ who was known to have violent tendencies to got drunk and was forced to get such by ‘B’. When ‘A’ got drunk and tried to attack ‘B’, ‘B’ injured ‘A’ in using as much force as was proportional and only to the extent necessary to stop ‘A’ from injuring ‘B’.

PRINCIPLE Whoever causes the death of any person by doing any rash or negligent act not amounting to culpable homicide, shall be liable for causing death by negligence.
FACTS A nurse knowing that she is supposed to take vitals and ensure them to be in order before administering a particular injection, but not knowing or having reason to believe it is fatal does not follow the protocol in hurry. As a result the patient died.

PRINCIPLE No person shall be prosecuted and punished for the same offence twice.
FACTS : ‘A’, a kleptomaniac, was an acquaintance of ‘B’ and used to visit ‘B’s home on weekends. One day, ‘B’ was unable to find his watch after a visit from ‘A’. Ultimately, ‘B’ informed the police about the missing watch and the persons who had been to his room. The police, among others, made a search on person of ‘A’ and found the watch in his pocket. At his trial, the Court found him guilty of theft and sentenced him to 3 months in prison. After completing his sentence, ‘A’ went to ‘B’s’ home to apologise for his conduct. After ‘A’ left, it was discovered that ‘B’s’ watch was missing. ‘A’ informed the police who located the watch from ‘A’s home. Can ‘A’ be prosecuted for theft?

PRINCIPLE Nothing is an offence which is done by a person who, at the time of doing it, is, by reason of intoxication, incapable of knowing the nature of the act, or that he is doing what is either wrong, or contrary to law: provided that the thing which intoxicated him was administered to him without his knowledge or against his will.

FACTS: ‘A’ was having a get together with his old friends and on his friends suggestions, he consumed some alcohol. On his way back to home at, night, ‘A’ heard some footsteps and turning back, he imagined he saw a figure moving towards him with a spear. In fact, it was only a man, ‘B’ with an umbrella who was telling ‘A’ to walk carefully since ‘A’ appeared to be unsteady. However, ‘A’ proceeded to attack ‘B’ with an iron rod leading to grave injuries to ‘B’, IS ‘A’ guilty of causing grievous hurt to ‘B’?

Principle Whoever, intending to take dishonestly any movable property out of the possession of any person without that person’s consent, moves that property with an intention to take. it is said to commit theft.

Facts Y cuts down a tree on Z’s ground, with the intention of dishonestly taking it out of Z’s possession without Z’s consent. Y could not take away the tree.

Principle Injuria Sine Damnum i.e., Injury (violation of legal right) without damage.

Facts X, who was the returning officer at a polling booth in Amethi, wrongly refused to register a duly tendered vote of Y in the recent UP elections, even though Y was an eligible voter. The candidate in whose favour Y wanted to vote, was declared elected.
Give the appropriate answer

Principle When one person signifies to another his willingness to do or abstain from doing anything, with a view to obtaining the assent of that person to such an act or abstinence, he is said to have made a proposal.
Fact “Ramanuj telegraphed to Shyam Sunder, writing ‘Will you sell me your Rolls Royce CAR? Telegram the lowest cash price.

Shyam Sunder also replied by telegram: “Lowest price for CAR is * 20 lakh.” Ramanuj immediately sent his consent through telegram stating: ‘I agree to buy the CAR for Rs. 20 lakh asked by you Shyam Sunder refused to sell the car.

Assertion (A) The essence of joint liability under Section-149 of the IPC is that the criminal act must have been done with a view to fulfill the common object of an unlawful assembly.

Reason (R) Any sudden and provocative act done by a member of an unlawful assembly would render the other members of that assembly liable.

Assertion (A) X, because of unsound state act, attacks Y, who in self defense and in order to ward off the attack, hits him thereby injuring him. Y has not committed an offence.

Reason (R) Y had a right of private defense against X under Section-98 of the Indian Penal Code.

Assertion (A) X and Y independently entertained the idea to kill Z. Accordingly; each of them separately inflicted wounds on Z who died as a consequence. X and Y are liable for murder under Section-341 of the IPC.

Reason (R) When a criminal act is done by several persons in furtherance of common intention of all, each of such persons is liable as if the whole act was done by him alone.

Principle Nothing is an offence which is done by a child under seven years of age.
Facts A child born on January 01, 2005 killed another child B on December 30, 2011.

Principle Whoever attempts to commit an offence punishable by the Indian Penal Code and in such attempt does any act towards. the commission of the offence, shall be punished. Stealing is an offence punishable by the Indian Penal Code.
Facts A makes an attempt to steal some jewels by breaking open a box and after so opening the box, finds that there is no jewel in it.

Principle Whoever takes away anything from the land of any person without that person’s consent is said to commit theft. A thing so long as it is attached to the earth is not the subject of theft but it becomes capable of being the subject of theft as soon as it is severed from the Earth.

Facts Y cuts down a tree standing on the land of X with the intention of dishonestly taking the tree out of X’s possession without the consent of X. But Y is yet to take away the tree out of X’s possession.

Principle Where a person fraudulently or erroneously represents that he is authorised to transfer certain immovable property and professes to transfer such property for consideration, such transfer shall, at the option of the transferee, operate on any interest which the transferor may acquire in such property at anytime during which the contract of transfer subsists.

Facts ‘A’, a Hindu who has separated from his father ‘B’, sells to ‘C’ three fields, X, Y and Z representing that ‘A’ is authorized to transfer the same. Of these fields Z does not belong to ‘A’, it having been retained by ‘B’ on the partition; but on B’s dying ‘A’ as successor obtains Z and at that time ‘C’ had not cancelled the contract of sale.