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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?
पर्याय
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).
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संबंधित प्रश्न
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?
Mark the best option:
Principle:
- Every person has a right to defend his own body, and the body of any other person, against any offence affecting the human body.
- The right of private defence in no case extends to inflicting more harm than necessary for the purpose of defence.
Facts: Rajendra, a police inspector; saw two men on motorbikes; one armed with a stick and the other armed with a scythechasing a boy and warned them to stop harassing the boy however they continued pursuing the boy. Rajendra who was carrying a loaded revolver (and nothing else) shot the man carrying a stick on head thereby killing him instantly and the other carrying a scythe on his legs causing him to fall down. Decide Rajendra's liability based on the facts mentioned above.
Decide Rajendra's liability based on the facts mentioned above.
Mark the best option:
When a person is prosecuted for committing a criminal offense, the burden of proof is on __________?
Indian penal code 1860 was drafted by
Court of justice defined in sec_____ IPC
'Wrongful loss' means
X, the servant of Y, takes a hundred rupee note fro Y's pocket and hides it under the carpet in the houses of Y, X tells Z another servant of Y, about the currency note and both, agree to share the money when the currency note is taken by X from the hiding place. Before X could recover the note, it was found by Y. Decide if an offence was committed and if so who committed the offence?
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: 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.
Suppose X &Y were apprehended by A before administering poison to Z. What is the offense committed by X & Y?
Principle: Contributory negligence in an accident is a defense to a charge in criminal law.
Facts: X, the deceased was negligently crossing the busy road at Cannaught Place in Delhi while Y's car hit him resulting in the death of X. What is the liability of Y?
