AILET entrance exam Question Bank Solutions for Legal Reasoning

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.

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?

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?

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?

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.

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?

What is true with the rights of the private defence in Criminal law?

When a convict is temporarily released from the prison for a fixed period of time, it is called ____________.

Apply the legal principles to the facts given below and select the most appropriate answer.
Legal Principle:

Which country has withdrawn from the International Criminal Court (ICC) citing reasons of international bias in March 2018?

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 PRINCIPLE: False imprisonment is the confinement of a person without just cause or excuse. There must be a total restraint of the person and the onus of proving reasonable cause is on the defendant.

FACTUAL SITUATION: A entered in B’s park where there was an artificial lake for the boating. A paid ₹100 for entering the park and has to pay ₹100 at the time of exit. A waited for 30 minutes but no boat was available. A came out, however, denied to pay ₹100 for exit, B did not allow A to leave the park unless he paid ₹100 for exit. A sued B for false imprisonment. 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 PRINCIPLE: 

1. The concept of joint liability comes under Section 34 of IPC which states that “when a criminal act is done by several persons, in furtherance of the common intention of all, each of such persons is liable for that act in the same manner as if it were done by him alone.”

2. A person abets an offence, who abets either the commission of an offence or the commission of an act which would be an offence if committed by a person capable by law of committing an offence with the same intention or knowledge as that of the abettor.

3. A criminal conspiracy takes place when two or more people get together and plan to commit a crime and then take some action toward carrying out that plan. The action taken does not have to be a crime itself to further the conspiracy.

FACTUAL SITUATION: 

X and Y conspire to poison Z. X in pursuance of the conspiracy procures the poison and delivers it to Y order that he may administer it to Z. Y in pursuance of the conspiracy, administer the poison in the presence of X and thereby causes Z’s death. What offences X and Y have committed? 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 PRINCIPLE: 

1. Whoever, intending to take dishonestly any movable property out of the possession of any person without that person’s consent, moves that property in order to such taking is said to commit theft.

2. Whoever dishonestly misappropriates or converts to his own any movable property, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

FACTUAL SITUATION: 

A takes umbrella belonging to Z out of Z’s possession in good faith, believing at the time when he took it, that the property belongs to himself. His wife points out after some days that the umbrella does not belong to them but to Z. After coming to know that, A dishonestly keeps the umbrella. 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 PRINCIPLE: A person is responsible for that which he could have reasonably foreseen or prevented.

FACTUAL SITUATION: A chemist sold a hair conditioner to Jyoti. The conditioner was locally manufactured and the contents, harmful chemicals. were listed on the bottle. The chemist, however, represented to Jyoti that the chemicals used were harmless and beneficial for the hair. On using it, Jyoti's hair was badly damaged and she had to get hair treatment done for the same. Jyoti filed a complaint against the chemist. Will the chemist be liable? 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 PRINCIPLE: Nothing is an offense which is done by any person who is, or who by reason of a mistake of fact, in good faith, believes himself to be bound by law to do it.

FACTUAL SITUATION: A, soldier, fires on a mob by the order of his superior officer, in conformity with the commands of the law. B is killed due to such firing. Is A guilty of murder? 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 PRINCIPLE: A person shall not be guilty of contempt of court on the ground that he has published any matter which interferes with or obstructs or tends to obstruct the course of justice in connection with any civil or criminal proceeding pending at the time of the publication, it at that time he had no reasonable grounds for believing that the proceeding was pending.

FACTUAL SITUATION: X delivered a lecture at the local Rotary Club in favour of an accused who is prosecuted for assaulting a police officer. He said that the accused is a victim of prevailing corruption in the judiciary and he knows that the accused is going to be punished by the court for being honest. Is it guilty of contempt of court? 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 PRINCIPLE: Whoever intending to take dishonestly any movable property out of the possession of any person without that person's consent, moves that property in order to such taking, is said to commit theft.

FACTUAL SITUATION: A, in good faith, believing property belonging to B to be A’s own property, sells the property to C. Has A committed theft? 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 PRINCIPLE: 
1. Preparation to commit an offence is not an offence.
2. After one has finished preparation to commit an offence, any act done towards committing the offence with the intention to commit it, is an attempt to commit the offence which is by itself an offence.

FACTUAL SITUATION: Manish wanted to kill Nandini and had therefore gone to the market to buy explosives to plant in her house. Manish kept those explosives in his godown as he planned to plant them early next morning. But as the explosives were stolen in the night he could not plant them in Nandini's house. However, Nandini came to know about Manish's plan and therefore wants to file a complaint against him. Will she succeed?  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 PRINCIPLE: Whoever intentionally uses force to any person, without that person's consent, in order to commit of any offence, or intending by the use of such force to cause, or knowing it likely to cause injury, fear, or annoyance to the person to whom the force is used, is said to use criminal force to that other.

FACTUAL SITUATION: Akash was burning some crackers in his house when his dog got scared and got unruly which scared his brother Mohsin. Can this be called criminal force? 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 PRINCIPLE: No person shall be convicted of any offence except for violation of a law in force at the time of commission of the act charged as an offence, nor subjected to a penalty greater than which might have been inflicted under the law in force at the time of commission of the offence.

FACTUAL SITUATION: A boy of 16 years was convicted of house trespass and theft. He was sentenced to imprisonment for 6 months and fine was also imposed. After the judgement, the Probation of Offenders Act came into force. It provided that a person below 21 years may not ordinarily be sentenced to imprisonment. Now the boy claims the benefit of this Act. Should he get it?