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प्रश्न
The principle is to be applied to the given facts and to choose the most appropriate option:
Principle: When a person falsifies something with the intent to deceive another person or entity is forgery and is a criminal act. Changing or adding the signature on a document, deleting it, using or possessing false writing is also considered forgery. In the case of writing/painting to fall under the definition, the material included must have been fabricated or altered significantly in order to represent something it is actually no.
Facts: David made a living travelling from city to city, selling paintings that he claimed were done by great artists. Since the artists’ signatures were in place, many people fell for them and purchased the paintings. One of these artists saw three of his alleged paintings in a City gallery containing his name. He knew these were not his works and he complained to the police. Police traced David and initiated legal proceedings. Is David guilty of any offence?
विकल्प
There is no point in taking legal action against David as the signature has not done any alteration to the artwork.
David is guilty of forgery as the addition of the signature was with an intention to make people believe that those were the paintings of the great artists.
Those who buy the art pieces from David ought to have been careful in checking it and ensuring that they were originals before purchasing it.
David is not guilty of any offence as he was selling the art pieces for his living.
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उत्तर
David is guilty of forgery as the addition of the signature was with an intention to make people believe that those were the paintings of the great artists.
Explanation:
According to Section 468 of the Indian Penal Code, an individual committing forgery on a document for the purpose of cheating will be held guilty.
In this question, David sold fake paintings by forging the signatures of great artists with the purpose of cheating customers. He will be held guilty for the same. (Dinesh Chandra vs State Of U.P. And Others on 7 March, 2011).
APPEARS IN
संबंधित प्रश्न
In this Question problem consists of a set of rules and facts. Apply the specified rules to the set of facts and answer the question. In answering the following question, you should not rely on any rule(s) except the rule(s) that are supplied for problem. Further, you should not assume any fact other than 'those stated in the problem. The aim is to test your ability to properly apply a rule to a given set of facts, even when the result is absurd or unacceptable for any other reason. It is not the aim to test any knowledge of law you may already possess.
Rules
A. A person is an employee of another if the mode and the manner in which he or she carries out his work is subject to control and supervision of the latter.
B. An employer is required to provide compensation to his or her employees for any injury caused by an accident arising in the course of employment. The words 'in the course of the employment' means in the course of the work which the employee is contracted to do and which is incidental to it.
Facts Messrs. ZafarAbidi and Co. (Company) manufactures bidis with the help of persons known as `pattadars'. The pattadars are supplied tobacco and leaves by the Company and are required to roll them into bidis and bring the bidis back to the Company. The pattadars are free to roll the bidis either in the factory or anywhere else they prefer. They are not bound to attend the factory for any fixed hours of work or for any fixed number of days. Neither are they required to roll up any fixed number of bidis. The Company verifies whether the bidis adhere to the specified instructions or not and pays the pattadars on the basis of the number of bidis that are found to be of right quality. Aashish Mathew is one of the pattadars of the Company. He was hit by a car just outside the precinct of the factory while he was heading to have lunch in a nearby foodstall. Aashish Mathew has applied for compensation from the Company. Select the statement that could be said to be most direct inference from specified facts:
In this Question problem consists of a set of rules and facts. Apply the specified rules to the set of facts and answer the question. In answering the following question, you should not rely on any rule(s) except the rule(s) that are supplied for problem. Further, you should not assume any fact other than 'those stated in the problem. The aim is to test your ability to properly apply a rule to a given set of facts, even when the result is absurd or unacceptable for any other reason. It is not the aim to test any knowledge of law you may already possess.
Rules
A. A person is an employee of another if the mode and the manner in which he or she carries out his work is subject to control and supervision of the latter.
B. An employer is required to provide compensation to his or her employees for any injury caused by an accident arising in the course of employment. The words 'in the course of the employment' means in the course of the work which the employee is contracted to do and which is incidental to it.
Facts
Messrs. ZafarAbidi and Co. (Company) manufactures bidis with the help of persons known as `pattadars'. The pattadars are supplied tobacco and leaves by the Company and are required to roll them into bidis and bring the bidis back to the Company. The pattadars are free to roll the bidis either in the factory or anywhere else they prefer. They are not bound to attend the factory for any fixed hours of work or for any fixed number of days. Neither are they required to roll up any fixed number of bidis. The Company verifies whether the bidis adhere to the specified instructions or not and pays the pattadars on the basis of the number of bids that are found to be of right quality. Aashish Mathew is one of the pattadars of the Company. He was hit by a car just outside the precinct of the factory while he was heading to have lunch in a nearby foodstall. Aashish Mathew has applied for compensation from the Company. In case the paladars were compulsorily required to work in the factory for a minimum number of hours every day, then it would be correct to state that:
In case the paladars were compulsorily required to work in the factory for a minimum number of hours every day, then it would be correct to state that:
Direction : The passage given below is followed by a set of question. Choose the most appropriate answer to each question.
Juvenile delinquency is defined as "the habitual committing of criminal acts or offenses by a young person, especially one below the age at which ordinary criminal prosecution is possible." These acts are committed mostly by teenagers, cumulative in today's civilization, which is a very concerning matter and cannot be snubbed. The more concerning matter is that generations of youth are believed to be the future of the world. Their behavior shows how tomorrow's future will be.
Juvenile delinquency has become a major problem, and only by addressing the basics can it be tackled. Attention towards co-curricular activities should be given to mold the child in the right and engaging way. The more he is forced to obey rules at school, diktats at home, mores of the society, the more he will escape to criminal acts in order to vent out his frustration. Forcing him will only make him hate it all. Hence, the approach should be to make exercises of discipline, etiquette, and moral sense interesting. This is where cocurricular activities come into play.
Juvenile offenders have the same set of constitutional guarantees as an adult, such as a fair trial. But very often, adult offenders are able to secure bail faster than a juvenile offender. Merely because the juvenile is not punished, it can in no way take away his/her constitutional guarantees of liberty. The only difference is that, unlike adult offenders, the state must protect, and ultimately rehabilitate, juvenile offenders. But protection cannot become custody. Also, the statute stresses on privacy as a right for the juvenile offender. But in the garb of privacy, there is very little effort for scrutiny and transparency in the process. The statute focuses on necessary infrastructure with significant involvement of informal systems, specifically the family, voluntary organizations, and the community, to provide a system separate from the criminal justice system. For this to become a reality, we must build effective linkages between districts and states, among various government agencies in association with child rights groups, along with effective legal services for the children and their families. Otherwise, juvenile justice will become a poor copy of the criminal justice system, only hardening the children caught in it.
Therefore, the Juvenile Justice law should address the issues relating to children alleged and found to be in conflict with law and children in need of care and protection by catering to their basic needs through proper care, protection, development, treatment, social re-integration, by adopting a child-friendly approach in the adjudication and disposal of matters in the best interest of children and for their rehabilitation through processes provided, and institutions and bodies established.
Choose the option that best captures the essence of the text
The principle is to be applied to the given facts and to choose the most appropriate option.
Principle: In criminal law, misappropriation is the intentional, illegal use of the property or funds of another person for one's own use or other unauthorized purposes, particularly by a public official, a trustee of a trust, an executor or administrator of a dead person's estate or by any person with a responsibility to care for and protect another's asset s. Embezzlement is misappropriation when the funds involved have b een lawfully entrusted to the embezzler. On the contrary, theft is the illegal taking of another person's property or services without that pers on's permission or consent with the intent to deprive the rightful owner of it.
Facts: A went for swimming at the Municipal Swimming Pool. A handed over all his valuables, including some cash to X, the guard on duty for safe custody, as notified by the Municipality. After swimming for an hour, A came out and searched for X. He found another guard on duty and that guard informed A that X had gone home after completing his shift and did not hand over anything to be given to A. A registered a complaint with the police. X was traced but he told the police that he sold all the valuables and the entire cash was used for drinking liquor. What offense, if any, was/were committed by X?
Indian penal code enacted in
A general exception of this code provides that nothing shall be an offence which is done by
Court of justice defined in sec_____ IPC
X, a shopkeeper, leaves a sealed 5 kilogram bag of a branded wheat flour at the door of Y with a note you will like this quality wheat flour and pay Rupees 100 for this bag' without being asked to do so. Y on coming back collects the bag from his door, opens the seal of the bag, and uses a quarter of kilograms for making chapattis (unleavened bread). But next day returns the bag. Is he bound to pay for the bag? He 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: Conspiracy is a combination between two or more persons formed for the purpose of doing either an unlawful act or a lawful act by unlawful means.
Facts: X and Y conspire to poison Z. X in pursuance of the conspiracy procures the poison and delivers it to Y in order that he may administer it to Z. Y in pursuance of the conspiracy administers the poison in the presence of X and thereby causes Z's death.
What offense, if any has been committed by X and Y, respectively?
