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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.
विकल्प
Statement of X is admissible
Statement of X is not admissible because he has not seen Z murdering A
Statement of X is admissible because he trusts Y and Y never tells a lie
Statement of X is admissible because he is a renowned social activist and has a huge reputation to fight for the truth
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उत्तर
Statement of X is not admissible because he has not seen Z murdering A
Explanation:
Statement of X is not admissible because he has not seen Z murdering A. It is clearly stated in the principle that oral evidence must be direct. It means X must state only what X saw not what X heard from someone. X has not seen Z murdering A. X has only heard it from Y. Therefore, X’s statement cannot be admissible.
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संबंधित प्रश्न
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.
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A finds a purse with money not knowing to whom it belongs he afterward discovers that it belongs to B and appropriates to his own use. A is guilty of –
A cheats by pretending to be B, a person who is deceased. A commit –
There is no offence of adultery if it is committed, with the consent of –
What punishment may be awarded to the person, whose act is covered under general exceptions?
Indian penal code 1860 Consists
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Answer the question which follows from the application of the undermentioned legal principle:
LEGAL PRINCIPLE: Nothing is an offence which is done in the exercise of right of private defence. This right also extends to lawfully causing the death of the assailant, if the offence which occasions the exercise of the right of private defence, be
(i) An assault which reasonably causes the apprehension of death or grievous hurt (Very serious hurt)
(ii) An assault which causes reasonable apprehension of rape
(iii) An assault which causes reasonable apprehension of kidnapping This right is available for protecting one’s own body, as well as the body of any other, provided the assault is not self-invited.
Decide whether the right of private defence is available in the following situations.
FACTUAL SITUATION:
A was holding the birthday party of his daughter. Some of his friends decided to present her with a car. To create an element of surprises, they decided to kidnap her for a few minutes while the party was in full swing and then get her back in the new car. They put the plan into action. While they were kidnapping, A got very alarmed and asked the guards to open fire. The guards killed all the five friends. A is
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 enters into or upon property in the possession of another with the intent to commit an offense 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 an intent to intimidate, insult or annoy any such person, or with the intent to commit an offense commits criminal trespass. A went to Delhi Law College to participate in a competition. After participating in the competition, A hid inside the campus so that he could steal a few books from the library.
