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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.
Facts: A jumps into a swimming pool to save a boy from drowning. While pulling the boy from water A was hit by C. A left the boy in the water and attacked C. The boy died in the water.
पर्याय
A has not committed the offence of killing the boy.
A has committed the offence of killing the boy.
The boy has committed the offence of suicide.
The boy has committed the offence of drowning.
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उत्तर
A has not committed the offense of killing the boy.
Explanation:
A has not committed the offence of killing the boy. A was trying to save the boy from drowning. A was acting in good faith for the purpose of preventing or avoiding greater harm to the boy who was drowning and left him only for self - defence when hit by C.
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संबंधित प्रश्न
Principle: Killing is not murder if it is committed in a sudden fight without pre-meditation in a heat of passion upon a sudden quarrel.
Facts: X and Y were buying liquor from a liquor shop at 7 pm. Y abused X and there was the quarrel between them. X told Y that he will not spare him and Y shouted that his house is adjoining the shop only and if X had the guts, he can come anytime. X went back to his shop which was nearby, procured a knife and went to Y‘s residence at 9 pm and stabbed him to death.
Principle: A spouse is not permitted to put in evidence in any court, any communication during the marriage between the spouses without the consent of the person who made the communication.
Facts: X who is the wife of Y saw her husband (Y) coming out of the neighbour‘s house at 6.00 am in the morning. Y told his wife X that he has murdered the neighbour and handed over the jewellery of that neighbour to his wife.
A instigates B to give false evidence here if B does not give false evidence what offence A has committed?
Under the Indian Penal Code, abetment is constituted :
A intentionally causes Z’s death, partly by illegally omitting to give Z food, and partly by beating Z.
The punishments to which offenders are liable under the provisions of this code are
If a witness makes a statement in Court, knowing it to be false, he commits the offence of
In a criminal case, an accused person, who is consideration of his non-prosecution offers to given evidence against other accused, is called
Principle: When a criminal act is done by one person in furtherance of the common intention of himself and some other persons, each of such person is liable for the act in the same manner as if it were done by each one of them.
A B and C decided to commit burglary. They broke into a locked house. However, before they had finished their work, a domestic servant appeared from the out-house and started shouting. A B and C left the house and started running away. They were pursued by a small crowd. A, on being caught by X, one of the persons pursuing them, stabbed him and ran away. By the time B and C had disappeared. X died on account of the stab wounds. Later, the police arrested all three. They were charged for attempted burglary and murder of X.
The question consists of legal propositions/ principles (hereinafter referred to as 'principle') and facts. These principles have to be applied to the given facts to arrive at the most reasonable conclusion.
Principle: When an act which would otherwise be a certain offence, is not that offence, by reason of the youth, the want of maturity of understanding, the unsoundness of mind or the intoxication of the person doing that act, or by reason of any misconception on the part of that person, every person has the same right of private defence against that act which he would have if the act were that offence.
Facts: 'X', under the influence of madness, attempts to kill 'Y'.
