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Facts: 'X' Takes a Plain Sheet of Paper from Y'S Drawer Without Y'S Consent to Write a Letter to His Friend. - Legal Reasoning

MCQ

The question consists of legal propositions/ principles (hereinafter referred to as 'principle') and facts. These principles have to be applied to the given facts to arrive at the most reasonable conclusion.

Principle: Nothing is an offense by reason that it causes, or that it is intended to cause, or that it is known to be likely to cause any harm if that harm is so slight that no person of ordinary sense and temper would complain of such harm.

Facts: 'X' takes a plain sheet of paper from Y's drawer without Y's consent to write a letter to his friend.

Options

  • 'X' has committed an offense in the above context

  • 'X' has committed no offense in the above context

  • 'Y' can sue 'X' for an offense in the above context

  • None of the above

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Solution

'X' has committed no offense in the above context

Explanation:

Section 95 of the Indian Penal Code deals with the trivial matter. According to it, nothing is an offence,  if the harm caused is so slight that no person of ordinary sense and temper would complain of such harm. In the given situation, X by taking a sheet of paper from Y’s drawer without Y’s consent has not committed any offence. So, it comes under the general exceptions of the Indian penal code. 

Concept: Criminal Law
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