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PRINCIPLE Nothing is an offence which is done in the exercise of the right of private defence. Every person has a right to defend his property, against any act of theft, robbery, mischief or criminal trespass. This right of private defence of property extends to causing of death of the wrong-doer if the person exercising the right apprehends that death or grievous hurt shall be the consequence is such right of private defence is not exercised.
FACTUAL SITUATION 'A's cattle was being regularly stolen and 'A' was unable to apprehend the thief. One night, 'A' finally manages to catch 'B' untying his cow from the cowshed under the cover of darkness. 'A' slowly crept up to 'B' and slashed his neck with a sickle leading to the death of 'B'. Is 'A' guilty of the offence of culpable homicide?
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In criminal proceedings acquittal refers to
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Which of the following is not a feature of the criminal justice system in India?
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The Penal code in force in the territory of Jammu and Kashmir is known as the
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In India, 'identity theft' has been made punishable under the
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An accused under the age of 18 years can be tried for committing an offence under
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Whom lies the burden of proof where there is a plea for self-defence?
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LEGAL PRINCIPLE Any direct physical, interference with goods in somebody's possession without lawful justification is called trespass of goods.
FACTS Z purchased a car from a person who had no title to it and sent it to a garage for repair. X believing wrongly that the car was his, removed it from the garage.
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Which of the following is not a principle of natural justice?
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Criminal Law (Amendment) Act, 2013 does not provide that
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To be tried under the Juvenile Justice (Care and Protection) Act, 20QO the accused must be below the age of
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LEGAL PRINCIPLE Defamation means publication of a statement injuring the reputation of a person without lawful justification. Such a statement must reflect on a person's reputation and tends to lower him in the estimation of right-thinking members of society generally or tends to make them shun or avoid him.
FACTUAL SITUATION Madam Tussauds Ltd. decided to keep a waxwork exhibition, and placed an effigy of Bab loo Prasad with a gun, in a room adjoining the 'Chamber of Horrors'. Mr. Babloo Prasad had been tried for murder in India and released on a verdict of 'not proven guilty' and a representation of the scene of the alleged murder was displayed in the 'Chamber of Horrors'. Does it amount to defamation?
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'Death sentence' in Criminal punishment system in India is
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Assertion (A) X, because of unsound state of mind and not knowing the nature of the act, attacks Y, who in self-defense and in order to ward off the attack hits him thereby injuring him .Y has not committed an offence.
Reason (R) Y had a right of private defense against X under the Indian Penal Code.
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LEGAL PRINCIPLE The state shall -make special laws for the upliftment of citizens of the country. and these laws can be made for the benefit of any specific caste, class or sex of people living in the society.
FACTUAL SITUATION The State of Hindu Pradesh comes out with a law, which provided for reservation to Muslims in all government and government-aided institutions. This law is challenged in the High Court of Hindu Pradesh, as being arbitrary and contrary to the established laws. Can the challenge be successful?
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LEGAL PRINCIPLE Whoever delivers to another person as genuine any counterfeit currency which he knows to be counterfeit, but which that other person is not aware of at the time when he received it, is guilty of counterfeiting currency.
FACTUAL SITUATION While returning home one day, Roshni realises that the local shopkeeper has given her a fake note of ₹1000. Disappointed, she goes to the same shop and buys cosmetics worth ₹600. She then passes the same fake note to the shopkeeper. The shopkeeper while inspecting the note finds out that it is fake. Is Roshni guilty?
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LEGAL PRINCIPLE Whoever dishonestly misappropriates or converts to his own use any movable property is guilty of criminal misappropriation of property.
FACTUAL SITUATION A finds a Government promissory note belonging to Z, bearing a blank endorsement. A knowing that the note belongs to Z, pledges it with a banker as a security for a loan, intending to restore it to Z at a future time. Has A committed criminal misappropriation?
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LEGAL PRINCIPLES
1. The crime of kidnapping involves taking someone away from the custody of their lawful guardian.
2. The crime of abduction involves inducing or forcing somebody to go away from someplace against their will.
FACTUAL SITUATION
A steals B's slave. Is it a crime?
DECISION
I. Kidnapping
II. Abduction
III. Neither
REASON
(A) Slavery is illegal.
(B) A bas taken him away from B's lawful custody.
(C) A bas forced somebody to go with him against his will.
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LEGAL PRINCIPLES
1. 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 he is likely by such act to cause death commits the offence of culpable homicide.
2. Mens rea and actus reus must concur to result in a crime that is punishable by the law.
FACTUAL SITUATION
A and B went for shooting. A knows Z to be behind a bush. B does not know it. A induces B to fire at the bush. B fires and kills Z. Has an offence been committed?
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What is true with the rights of the private defence in Criminal law?
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