हिंदी

Consists of Legal Proposition(S)/ Principle(S) (Hereinafter Referred to as 'Principle') and Facts. Such Principles May Or May Not Be True in the Real and Legal Sense, Yet You Have

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प्रश्न

Consists of legal proposition(s)/  principle(s) (hereinafter referred to as 'principle') and facts. Such principles may or may not be true in the real and legal sense, yet you have to conclusively assume them to be true for the purposes of this Section. In other words, in answering these questions, you must not rely on any principle except the principles that are given herein below for every question.  
Further, you must not assume any facts other than those stated in the question. The objective of this section is to test your interest in the study of law, research aptitude, and problem-solving ability, even if the 'most reasonable conclusion' arrived at may be absurd or unacceptable for any other reason. It is not the objective of this section to test your knowledge of the law.  
Therefore, to answer a question, the principle is to be applied to the given facts and to choose the most appropriate option. 

Principle: Section 34 of the 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. Ther e was only a servant lady in the house. Hearing some sounds from the master bedroom, 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 housebreaking, burglary, and rape. Identify the legal liability of the three.

विकल्प

  • All three are liable for all the offences as there was a common intention to commit the crimes.  

  • Sanju will be liable only for housebreaking and rape as he did not participate in the burglary.  

  • Only Dilbag and Sushil are liable for burglary in looting the house, and all three will be liable for housebreaking and rape as they did not stop Sanju from committing the offence and hence were an accomplice to the offence.  

  • Only Sanju will be liable for rape as he was the one who actually committed the offence.  

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उत्तर

Only Sanju will be liable for rape as he was the one who actually committed the offence.

Explanation:

Only Sanju will be liable for rape as he was the one who actually committed the offence. Sanju, Dilbag, and Sushil together decided to commit burglary and would hence be together charged for burglary, and as it was only Sanju who was committing the act of rape and only he will be charged under it. (Durga Prasad @ Bablu vs State on 28 August, 2009) 

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Indian Penal Code (Entrance Exams)
  क्या इस प्रश्न या उत्तर में कोई त्रुटि है?
2016-2017 (May) Set 1

संबंधित प्रश्न

Principle: Oral evidence must always be direct i.e. of the person who says he saw the event and hearsay evidence is no evidence.

Facts: X was told by Y (whom X trusts) that Z has murdered A.


Mark the best option:
Facts: Ram’s father and Rizvi were enemies. One day at the market Rizvi attacked Ram's father with a lathi. Ram’s father suffered a simple injury on his head. On seeing this Ram got hold of a gun and shot Rizvi in the head, in order to protect his father. The police arrested Ram and charged him with culpable homicide.
Principle:

  1. The law recognizes an individual’s right to defend himself and his family and his property against any unlawful acts.
  2. The person defending himself should not do more harm than is necessary, that is to say, that the force used to defend should be proportionate to the force used by the aggressor.

Which of the following is the oldest law code in India?


Any hurt is grievous if it causes the sufferer to be in severe bodily pain or unable to follow his ordinary pursuits during space of –


Maritime exercise ‘Konkan 16’ is between which both countries?


Wrongful gain' means


The burden lies on the prosecution to prove that actual participation of more that one person for commission of criminal act was done in furtherance of common intention at a prior concert.


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 A did not give him ₹10,000 immediately. B did so. A is prosecuted for extortion.


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 A did not give him ₹10,000 immediately. B did so. A is prosecuted for extortion.


Principle: Contributory negligence in an accident is a defense to a charge in criminal law.

Facts: X, the deceased was negligently crossing the busy road at Cannaught Place in Delhi while Y's car hit him resulting in the death of X. What is the liability of Y?


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