AILET entrance exam Question Bank Solutions

When a convict is temporarily released from the prison for a fixed period of time, it is called ____________.

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

Which country has withdrawn from the International Criminal Court (ICC) citing reasons of international bias in March 2018?

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: 

1. Whoever, intending to take dishonestly any movable property out of the possession of any person without that person’s consent, moves that property in order to such taking is said to commit theft.

2. Whoever dishonestly misappropriates or converts to his own any movable property, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

FACTUAL SITUATION: 

A takes umbrella belonging to Z out of Z’s possession in good faith, believing at the time when he took it, that the property belongs to himself. His wife points out after some days that the umbrella does not belong to them but to Z. After coming to know that, A dishonestly keeps the umbrella. 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: A person is responsible for that which he could have reasonably foreseen or prevented.

FACTUAL SITUATION: A chemist sold a hair conditioner to Jyoti. The conditioner was locally manufactured and the contents, harmful chemicals. were listed on the bottle. The chemist, however, represented to Jyoti that the chemicals used were harmless and beneficial for the hair. On using it, Jyoti's hair was badly damaged and she had to get hair treatment done for the same. Jyoti filed a complaint against the chemist. Will the chemist be liable? 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: Nothing is an offense which is done by any person who is, or who by reason of a mistake of fact, in good faith, believes himself to be bound by law to do it.

FACTUAL SITUATION: A, soldier, fires on a mob by the order of his superior officer, in conformity with the commands of the law. B is killed due to such firing. Is A guilty of murder? 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: A person shall not be guilty of contempt of court on the ground that he has published any matter which interferes with or obstructs or tends to obstruct the course of justice in connection with any civil or criminal proceeding pending at the time of the publication, it at that time he had no reasonable grounds for believing that the proceeding was pending.

FACTUAL SITUATION: X delivered a lecture at the local Rotary Club in favour of an accused who is prosecuted for assaulting a police officer. He said that the accused is a victim of prevailing corruption in the judiciary and he knows that the accused is going to be punished by the court for being honest. Is it guilty of contempt of court? 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: Whoever intending to take dishonestly any movable property out of the possession of any person without that person's consent, moves that property in order to such taking, is said to commit theft.

FACTUAL SITUATION: A, in good faith, believing property belonging to B to be A’s own property, sells the property to C. Has A committed theft? 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. Preparation to commit an offence is not an offence.
2. After one has finished preparation to commit an offence, any act done towards committing the offence with the intention to commit it, is an attempt to commit the offence which is by itself an offence.

FACTUAL SITUATION: Manish wanted to kill Nandini and had therefore gone to the market to buy explosives to plant in her house. Manish kept those explosives in his godown as he planned to plant them early next morning. But as the explosives were stolen in the night he could not plant them in Nandini's house. However, Nandini came to know about Manish's plan and therefore wants to file a complaint against him. Will she succeed?  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: Whoever intentionally uses force to any person, without that person's consent, in order to commit of any offence, or intending by the use of such force to cause, or knowing it likely to cause injury, fear, or annoyance to the person to whom the force is used, is said to use criminal force to that other.

FACTUAL SITUATION: Akash was burning some crackers in his house when his dog got scared and got unruly which scared his brother Mohsin. Can this be called criminal force? 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.

LEGAL PRINCIPLE: No one can be punished for the same offence twice.

FACTUAL SITUATION: Aditya is accused of harassing his colleague Nimisha. She complains to her superior and a departmental inquiry is initiated against Aditya. Aditya tries to intimidate Nimisha and continues harassing her following which she complains to the police. The departmental inquiry finds him guilty and terminates his services. Later, he is found guilty by a court and is jailed for 2 years. He claims that he has been punished twice. 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: To be held guilty of an offense, one should have done the act that causes the intended result.

FACTUAL SITUATION: A, with the intention to murder B stabs him repeatedly with a knife. B is taken to the hospital and is found to be cut of danger. Thereafter, due to the doctor's negligence. B's wounds are infected and he requires surgical interventions. During the time of operation to remove his infected leg. B died on account of the administration of general anesthesia. 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 PRINCIPLES: Whoever dishonestly takes away any property from the possession of another, with an intention of such taking away, without his permission is liable for theft.

FACTUAL SITUATION: Raja, a famous gangster, moves into an apartment in Kankurgachi, Calcutta. There, he discovers that the previous owner of the apartment had left behind a pair of beautiful ivory-handled combs. Mesmerized by their beauty and confused as to whom he should be returning them to, he decides to retain them and starts using them. The previous owner of the combs gets to know this and registers an FIR for theft against Raja. Is Raja liable? DECISION:

In Youth Bar Association V. Union of India, the Supreme Court directed to upload copies of FIR within hours on police website

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

Legal Principles:

1. An attempt is an act committed in part execution of a criminal design or intent, more than mere preparation, but falling short of actual commission.
2. Whoever, by deceiving any person, fraudulently or dishonestly induces the person so deceived to deliver any property to any person or to consent that any person shall retain any property, or intentionally induces the person so deceived to do or omit to do anything which he would not do/omit if he were not so deceived, and which act or omission causes or is likely to cause damage or harm to that person in body, mind, reputation or property, is said to “cheat”,
3. Preparation is the second stage in the commission of a crime. It means to arrange the necessary measures for the commission of the intended criminal act.
4. Whoever causes death by doing an act with the intention of causing death, or with the intention of causing such bodily injury as is likely to cause death, or with the knowledge that his act is likely to cause death, commits the offense of murder.
5. Whoever causes the death of any person by doing any rash or negligent act shall be guilty of negligence.

In which of the following cases, X is guilty of attempting to commit the offense?

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

Legal Principles:

1. An attempt is an act committed in part execution of a criminal design or intent, more than mere preparation, but falling short of actual commission.
2. Whoever, by deceiving any person, fraudulently or dishonestly induces the person so deceived to deliver any property to any person or to consent that any person shall retain any property, or intentionally induces the person so deceived to do or omit to do anything which he would not do/omit if he were not so deceived, and which act or omission causes or is likely to cause damage or harm to that person in body, mind, reputation or property, is said to “cheat”,
3. Preparation is the second stage in the commission of a crime. It means to arrange the necessary measures for the commission of the intended criminal act.
4. Whoever causes death by doing an act with the intention of causing death, or with the intention of causing such bodily injury as is likely to cause death, or with the knowledge that his act is likely to cause death, commits the offense of murder.
5. Whoever causes the death of any person by doing any rash or negligent act shall be guilty of negligence.

Facts: Amar applied for the post of P. G. Teacher in a government school and submitted his application along with his degrees. He was called for the interview on 10 June 2018. But the school authorities on 10 May 2018 discovered that the copy of the degrees attached to Amar’s application is forged and so the interview was canceled. Is any offense committed by Amar?

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

Legal Principles:

1. An attempt is an act committed in part execution of a criminal design or intent, more than mere preparation, but falling short of actual commission.
2. Whoever, by deceiving any person, fraudulently or dishonestly induces the person so deceived to deliver any property to any person or to consent that any person shall retain any property, or intentionally induces the person so deceived to do or omit to do anything which he would not do/omit if he were not so deceived, and which act or omission causes or is likely to cause damage or harm to that person in body, mind, reputation or property, is said to “cheat”,
3. Preparation is the second stage in the commission of a crime. It means to arrange the necessary measures for the commission of the intended criminal act.
4. Whoever causes death by doing an act with the intention of causing death, or with the intention of causing such bodily injury as is likely to cause death, or with the knowledge that his act is likely to cause death, commits the offense of murder.
5. Whoever causes the death of any person by doing any rash or negligent act shall be guilty of negligence.

Facts: X tries to pickpocket Z. Z has a loaded pistol in.his pocket. X’s hand touches the pistol and triggers it, resulting in the death of Z. Which of the following offense is committed by X?