Consists of Legal Proposition(S)/ Principle(S) (Hereinafter Referred to as 'Principle') and Facts. Such Principles May Or May Not Be True in the Real and Legal Sense, Yet You Have - Legal Reasoning

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MCQ

Consists of legal proposition(s)/  principle(s) (hereinafter referred to as 'principle') and facts. Such principles may or may not be true in the real and legal sense, yet you have to conclusively assume them to be true for the purposes of this Section. In other words, in answering these questions, you must not rely on any principle except the principles that are given herein below for every question.  
Further, you must not assume any facts other than those stated in the question. The objective of this section is to test your interest in the study of law, research aptitude, and problem-solving ability, even if the 'most reasonable conclusion' arrived at may be absurd or unacceptable for any other reason. It is not the objective of this section to test your knowledge of the law.  
Therefore, to answer a question, the principle is to be applied to the given facts and to choose the most appropriate option. 

Principle: Section 34 of the Indian Penal Code provides 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.’

Facts: Three vagabonds, Sanju, Dilbag, and Sushil decided to commit burglary. In the night, Sushil opened the lock and they broke into a rich man’s house when the entire family was on a pilgrimage. Sanju had gone to that house earlier in connection with some cleaning job. Ther e was only a servant lady in the house. Hearing some sounds from the master bedroom, the servant switched on the lights and went up to the room from where she heard the sound. Noticing that the servant was going to cry for help, Sanju grabbed her and covered her mouth with his hands and dragged her into the nearby room. The other two were collecting whatever they could from the room. When they were ready to go out of the house, they looked for Sanju and found him committing rape on the servant. They all left the house and the servant reported the matter to the police and identified Sanju. Subsequently, all three were arrested in connection with the offences of housebreaking, burglary, and rape. Identify the legal liability of the three.

Options

  • All three are liable for all the offences as there was a common intention to commit the crimes.  

  • Sanju will be liable only for housebreaking and rape as he did not participate in the burglary.  

  • Only Dilbag and Sushil are liable for burglary in looting the house, and all three will be liable for housebreaking and rape as they did not stop Sanju from committing the offence and hence were an accomplice to the offence.  

  • Only Sanju will be liable for rape as he was the one who actually committed the offence.  

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Solution

Only Sanju will be liable for rape as he was the one who actually committed the offence.

Explanation:

Only Sanju will be liable for rape as he was the one who actually committed the offence. Sanju, Dilbag, and Sushil together decided to commit burglary and would hence be together charged for burglary, and as it was only Sanju who was committing the act of rape and only he will be charged under it. (Durga Prasad @ Bablu vs State on 28 August, 2009) 

Concept: Indian Penal Code (Entrance Exams)
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2016-2017 (May) Set 1

RELATED QUESTIONS

Direction : The passage given below is followed by a set of questions. Choose the most appropriate answer to each question.

Juvenile delinquency is defined as "the habitual committing of criminal acts or offences by a young person, especially one below the age at which ordinary criminal prosecution is possible." These acts are committed mostly by teenagers, cumulative in today's civilization, which is a very concerning matter and cannot be snubbed. The more concerning matter is that generations of youth are believed to be the future of the world. Their behavior shows how tomorrow's future will be.

Juvenile delinquency has become a major problem, and only by addressing the basics can it be tackled. Attention towards co-curricular activities should be given to mold the child in the right and engaging way. The more he is forced to obey rules at school, diktats at home, mores of the society, the more he will escape to criminal acts in order to vent out his frustration. Forcing him will only make him hate it all. Hence, the approach should be to make exercises of discipline, etiquette, and moral sense interesting. This is where cocurricular activities come into play.

Juvenile offenders have the same set of constitutional guarantees as an adult, such as a fair trial. But very often, adult offenders are able to secure bail faster than a juvenile offender. Merely because the juvenile is not punished, it can in no way take away his/her constitutional guarantees of liberty. The only difference is that, unlike adult offenders, the state must protect, and ultimately rehabilitate, juvenile offenders. But protection cannot become custody. Also, the statute stresses on privacy as a right for the juvenile offender. But in the garb of privacy, there is very little effort for scrutiny and transparency in the process. The statute focuses on necessary infrastructure with significant involvement of informal systems, specifically the family, voluntary organizations, and the community, to provide a system separate from the criminal justice system. For this to become a reality, we must build effective linkages between districts and states, among various government agencies in association with child rights groups, along with effective legal services for the children and their families. Otherwise, juvenile justice will become a poor copy of the criminal justice system, only hardening the children caught in it.

Therefore, the Juvenile Justice law should address the issues relating to children alleged and found to be in conflict with law and children in need of care and protection by catering to their basic needs through proper care, protection, development, treatment, social re-integration, by adopting a child-friendly approach in the adjudication and disposal of matters in the best interest of children and for their rehabilitation through processes provided, and institutions and bodies established.

With reference to the above passage, which of the following will be effective in tackling the problems associated with juvenile delinquency?

1. Providing bails easily for the minor offender

2. Giving the minor offender a proper right to privacy

3. Providing services which are parallel to the criminal justice system

4. Making sure that the offender is not unnecessarily imprisoned.


Principle: Everyone shall be permitted to take advantage of his own wrong.

Facts: A legatee was heavily drunk and driving his car at a speed of 100 Km/per hour in a crowded market. All of a sudden his testator came on the road. There were other people on the road at that time. The car driven by legatee hit the testator and four other persons. All five persons hit by the car died. 


Mark the best option:
Who headed the First Law Commission which drafted the Indian Penal Code in 1860?


Which of the following is the oldest law code in India?


A finds a purse with money not knowing to whom it belongs he afterward discovers that it belongs to B and appropriates to his own use. A is guilty of –


What punishment may be awarded to the person, whose act is covered under general exceptions?


A puts his hand in pocket B for stealing money but the pocket was empty. A is guilty of –


General explanation defined in sec _____ of IPC


Wrongful gain' means


Animal denotes


How many types of punishments have been prescribed under the Indian Penal Code


The punishments to which offenders are liable under the provisions of this code are


In 2017, the Special Leave Petition for re-investigation in the Mahatma Gandhi murder case was filed by ___________.


A participant in commission of crime is popularly known as


Answer the question which follows form the application of the under mentioned legal principle.

Principle: An assault is an attempt to do a corporeal hurt to another, coupled with an apparent present ability and intention to do that act. A battery is the intentional and direct application of any physical force to the person of another A was sitting on a chair reading a book. His friend. B decided to play a practical joke on him. Accordingly, he pulled the chair from under him, as a result of which A landed on the floor.


Answer the question which follows form the application of the under mentioned legal principle.

Principle: False imprisonment is a total restraint of the liberty of a person, for however short a time, without lawful excuse.

A was driving down a road heading to her house. As she reached close to her house, she found that a few people led by B, protesting against an unfair law had blocked the road. There was no alternate road to her house and hence she was stuck there for around 5 minutes.


Principle: Whoever intending to take dishonestly (with an intention to cause wrongful loss to another or wrongful gain to himself) any moveable property without that person's consent, moves that property in order to such taking is said to commit theft. (Common for Q. No. 18 and 19) A had lent his watch to B for a period of a month. Two days after he had done so, he walked into B's office to find the watch on B's table. He decided to take the watch back. A was prosecuted for theft.


Principle: Theft is robbery if in order to committing of the theft, or in committing the theft, or in carrying away or attempting to carry away property obtained by theft, the offender, for that end, voluntarily causes or attempts to cause to any person death or hurt or fear of instant death or instant hurt.

A entered B's house and was taking away her wallet and leaving the house when he encountered B. He dropped the wallet, but shot her while escaping.


Principle: Whoever with the intent to cause, or knowing that he is likely to cause wrongful loss or damage to the public or to any person, causes the destruction of property, or any such change in any property or in the situation thereof as destroys or diminishes its value or utility, of affects it injuriously, commits mischief.

A went to B's house for dinner. He saw that B had a statue made of ice, which was kept in a freezer, A removed the statue from the freezer for a few minutes, which led to the hand of the statue changing shape.


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?


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