Advertisements
Advertisements
प्रश्न
Legal Principle: It is an offense to obstruct a public servant in the due discharge of his duty. The right of private defense is available to protect one’s person and property.
Fact Situation: Sidhu comes to the rescue of his uncle who is sought to be taken into a car by some men. In the process, he causes injury to some of them. Later, it turns out that the men were police persons in plain clothes trying to enforce a warrant against his uncle.
Which of the following statements is the most appropriate in relation to the legal principle stated above?
पर्याय
Sidhu has committed the offence of obstructing a public servant in due discharge of his duty.
Sidhu has not committed an offence since he did not know that the men were from the police.
Sidhu’s uncle has resisted arrest and should be proceeded against.
Sidhu should not have tried to help his uncle without ascertaining the fact
Advertisements
उत्तर
Sidhu has not committed an offense since he did not know that the men were from the police.
Explanation:
Right of private defense of body, this right has been given by the state to every citizen of the country to take law into his own hand for their safety of themselves or anybody else. The right is not dependent on the actual criminality of the person resisted. It depends solely on the wrongful or apparently wrongful character of the act attempted, if the apprehension is real and reasonable, it makes no difference that it is mistaken. IPC Section 96
Nothing is an offense, which is done in the exercise of the right of private defense.
In the light of above arguments, "Sidhu has not committed an offense since he did not know that the men were from the police" is the most appropriate and it can be clearly said that Sidhu has not committed an offense since he did not know that the men were from the police and he was only trying to save his uncle in good faith.
APPEARS IN
संबंधित प्रश्न
The principle is to be applied to the given facts and to choose the most appropriate option:
Principle: When a person interferes with peaceful possession of another person without the permission of the person in possession of those premises, commits trespass to land.
Facts: 'T' just walked over the land of 'P' to reach his house as it was a short cut. 'P' had displayed a notice that it is not a thoroughfare. 'P' did not cause any damage to the land.
Result of successful prosecution is
What is the essential difference that makes the crime of assault differ from the tort of assault?
Which Article 8 of the European Convention on Human Rights protects which right...?
PRINCIPLE The test as to whether the act done by an officer or agency of the state is a sovereign function or a function done ordinarily is dependent on the fact that an alternative person may also carry out the latter, but the former may only be carried out by the state.
FACTS In a boundary settlement dispute between India and Bangladesh, a certain territory was exchanged in pursuit of a treaty agreement. X's land which lay in the Indian enclave thus got transferred to Bangladesh, which did not recognise his proprietary rights. In a suit against the Indian Government, the likely outcome is
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:
1. Master/ Principal is vicariously liable for the tort committed by a servant/ agent, in the performance of his duties as a servant/ agent.
2. Negligence is the omission to do something which a reasonable man, guided upon those considerations which ordinarily regulate the conduct of human affairs, would do or doing something which a prudent or reasonable man would not do.
Factual situation: A patient is brought to a hospital maintained by B. The patient is to be operated upon, As a result of faulty oxygen supply, the patient dies on the operation theatre table, then 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: In a suit for malicious prosecution, the plaintiff must prove the following essentials:
1. That he was prosecuted by the defendant.
2. That the proceeding complained was terminated in favour of the present plaintiff.
3. That the prosecution was instituted against him without any just or reasonable cause.
4. That the prosecution was instituted with a malicious intention, that is, not with the mere intention of getting the law into effect, but with an intention, which was wrongful in fact.
5. That he suffered damage to his reputation or to the safety of person, or to the security of his property.
Factual situation: A recovered a large sum of money from Railway Co. for personal injuries. Subsequently, Railway Co. came to know that injuries were not real and were created by doctor B. Railway Co, prosecuted B for playing fraud on the company, but B was acquitted. B sued Railway Co. for malicious prosecution. In the light of these facts which of the following statements is true? DECISION:
Principle: Where there is a transfer of ownership of one thing for the ownership of some other thing it is called an exchange, while the transfer of ownership for consideration of money is called a sale, whereas without consideration it becomes a gift.
Facts: 'A' transfers his house worth `50 lakh to 'B' for a shopping building worth the same amount, as consideration from 'B'.
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: Vicarious liability is the liability of the Master or Principal for the tort committed by his servant or agent, provided the tort is committed in the course of employment. The Master or Principal is not liable for private wrongs of the servant/agent.
Facts: 'X' hands over some cash money at his house to 'Y', who is his (X's) neighbour and is also cashier in a bank, to be deposited in A's account in the bank. Instead of depositing the money, 'Y' misappropriates it.
Which of the following statements depicts the correct legal position in this given situation?
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: Whoever drives any vehicle, or rides, on any public way in a manner so rash or negligent as to endanger human life, or to be likely to cause hurt or injury to any other person, has committed an offense, which shall be punished in accordance with the law.
Facts: 'X', a truck driver, driving his vehicle rashly and negligently at a high speed climbed the footpath and hit 'Y' a pedestrian, from behind causing his death.
