हिंदी

Legal Principle Any Direct Physical, Interference with Goods in Somebody'S Possession Without Lawful Justification is Called Trespass of Goods. - Mathematics

Advertisements
Advertisements

प्रश्न

LEGAL PRINCIPLE Any direct physical, interference with goods in somebody's possession without lawful justification is called trespass of goods.

FACTS Z purchased a car from a person who had no title to it and sent it to a garage for repair. X believing wrongly that the car was his, removed it from the garage.

विकल्प

  • X can be held responsible for the trespass of goods

  • X cannot be held responsible for trespass of good as he was under a wrong belief

  • X has not committed any wrong

  • None of the above

MCQ
Advertisements

उत्तर

X can be held responsible for the trespass of goods

Explanation:

Under section 441 of IPC which defines Criminal trespass that whoever enters into or upon property in the possession of another with 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 the intent thereby to intimidate, insult or annoy any such person or with intent to commit an offence. 

shaalaa.com
Criminal Law
  क्या इस प्रश्न या उत्तर में कोई त्रुटि है?
2014-2015 (May) Set 1

संबंधित प्रश्न

A person with an innocent mind


PRINCIPLE Nothing is an offence which is done in the exercise of the right of private defence. Every person has a right to defend his property, against any act of theft, robbery, mischief or criminal trespass. This right of private defence of property extends to causing of death of the wrong-doer if the person exercising the right apprehends that death or grievous hurt shall be the consequence is such right of private defence is not exercised.

FACTUAL SITUATION 'A's cattle was being regularly stolen and 'A' was unable to apprehend the thief. One night, 'A' finally manages to catch 'B' untying his cow from the cowshed under the cover of darkness. 'A' slowly crept up to 'B' and slashed his neck with a sickle leading to the death of 'B'. Is 'A' guilty of the offence of culpable homicide?


Criminal Law (Amendment) Act, 2013 does not provide that


To be tried under the Juvenile Justice (Care and Protection) Act, 20QO the accused must be below the age of


Apply the legal principles to the facts given below and select the most appropriate answer.
Legal Principle:

  1. An assault is an act which intentionally causes another person to apprehend the infliction of immediate, unlawful force on a person.
  2. A battery consists of an intentional application of force to another person without any lawful justification.
Factual Situation: Jagan was in his car when he was approached by a police officer who told him to move the vehicle. Jagan did so, reversed his car and rolled it on to the foot of the police officer. The officer forcefully told him to move the car off his foot at which point Jagan swore at him and refused to move his vehicle and turned the engine off. Jagan was convicted for assaulting a police officer in the execution of his duty. Is he liable for battery or assault?

Y makes an attempt to steal some jewels by breaking open a box and finds, after opening the box, that there is no jewel in it. Choose the appropriate answer.


Given below is a statement of legal principle followed by a factual situation. Apply the principle to the facts given below and select the most appropriate answer.

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 ₹100 for entering the park and has to pay ₹100 at the time of exit. A waited for 30 minutes but no boat was available. A came out, however, denied to pay ₹100 for exit, B did not allow A to leave the park unless he paid ₹100 for exit. A sued B for false imprisonment. DECISION:


Given below is a statement of legal principle followed by a factual situation. Apply the principle to the facts given below and select the most appropriate answer.

LEGAL PRINCIPLE: 

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? DECISION:


Given below is a statement of legal principle followed by a factual situation. Apply the principle to the facts given below and select the most appropriate answer.

LEGAL PRINCIPLE: No person shall be convicted of any offence except for violation of a law in force at the time of commission of the act charged as an offence, nor subjected to a penalty greater than which might have been inflicted under the law in force at the time of commission of the offence.

FACTUAL SITUATION: A boy of 16 years was convicted of house trespass and theft. He was sentenced to imprisonment for 6 months and fine was also imposed. After the judgement, the Probation of Offenders Act came into force. It provided that a person below 21 years may not ordinarily be sentenced to imprisonment. Now the boy claims the benefit of this Act. Should he get it? 


Given below is a statement of legal principle followed by a factual situation. Apply the principle to the facts given below and select the most appropriate answer.

Principle: Theft is the dishonest moving of a property with the intension of taking it, out from the person's possession without his consent.

Factual Situation: A gives his woolen coat to a dry cleaner along with his wife's sarees for the purpose of dry cleaning. He is told to collect the clothes after 2 days. When he comes after 2 days, he finds that he does not have enough money to pay the dry cleaner. But since due to the winter, he needs the coat desperately, he surreptitiously places the coat near his goods, so that he can quietly take it without the knowledge of the dry cleaner. Decision.


Share
Notifications

Englishहिंदीमराठी


      Forgot password?
Use app×