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प्रश्न
The question consists of two statements, one labelled as principle and other as Fact. You are to exa.mine the principle and apply it to the given facts carefully and select the best option.
PRINCIPLE: Preparation is not an offense except the preparation of some special offenses.
FACT: Ramesh keeps poisoned halua in his house, wishing to kill Binoy whom he invited to a party and to whom he wishes to give it Unknown to Ramesh. his only son takes the halua and dies. In this case.
पर्याय
Ramesh is liable for the murder
He is not liable for murder since it is a preparation alone
He is liable for culpable homicide
None of the above
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उत्तर
He is not liable for murder since it is a preparation alone
APPEARS IN
संबंधित प्रश्न
Read the definition and elements of the attempt, apply them on the given fact situations and answer the question:
Definition of Attempt: Lord Blackburn has said that "there is no doubt that there is difference between a preparation antecedent to an attempt and the actual attempt, but if the actual transaction has commenced which would have ended in the crime if not interrupted, there is clearly an attempt to commit the crime."
1. Fault element· Intention or knowledge requisite for committing an offense: and
2. Conduct Element: does any act towards its commission and has crossed the stage of preparation. This act is so closely connected with and proximate to the commission that it falls in object because of facts not known to him or because of circumstances beyond his control.
'RANI' ran to a well stating that she would jump into it. and she started running towards the well but she was caught before she could reach it.
Read the definition and elements of the attempt, apply them on the given fact situations and answer the question:
Definition of Attempt: Lord Blackburn has said that "there is no doubt that there is difference between a preparation antecedent to an attempt and the actual attempt, but if the actual transaction has commenced which would have ended in the crime if not interrupted, there is clearly an attempt to commit the crime."
1. Fault element· Intention or knowledge requisite for committing an offense: and
2. Conduct Element: does any act towards its commission and has crossed the stage of preparation. This act is so closely connected with and proximate to the commission that it falls in object because of facts not known to him or because of circumstances beyond his control.
'SINY' with an intention to pick-pocket puts his hand into MlNU's pocket. MINU had a Joaded pistol in his pocket The thief touches the pistol and trigger goes on, whereby MINU is shot dead.
Principle: Nothing is an offence, which is done by accident or misfortune, and without any criminal intention or knowledge in the doing of a lawful act in a lawful manner by lawful means and with proper care and caution.
Facts: 'A' takes up a gun, not knowing whether it is loaded or not, points it playfully at 'B' and pulls the trigger. Consequently, 'B' falls dead.
Principles:
• A person is said to abet the doing of a thing when he instigates any other person to do that thing.
• Mere acquiescence, however, does not amount to instigation.
Facts: 'A' says to 'B': I am going to kill 'C'." And, 'B' replies: "Do as you wish and take the consequences"; whereafter 'A' kills 'C'.
Principle: Consent is a good defence in a civil action for tort but the act should be the same for which consent was given.
Fact: 'B' was formally invited by 'A' to his house. 'B' after sitting for some time in drawing room, moved to the bedroom of the house. 'A' sued 'B' for trespass.
Choose the most appropriate option:
'Audi alteram partem' means
Legal phrase is followed by four meanings. Choose the most appropriate option:
Caveat venditor
Legal phrase is followed by four meanings. Choose the most appropriate option:
'Jus Gentium’ means:
As per the Payment of Wages Act, if the employment of any employee is terminated his pending wages must be paid in ______ working days from the date of termination
Responsibility for Payment of wages is covered under section ____ of Payment of Wages Act
