Advertisement Remove all ads

Factual Situation: Neel Being a Shahrukh Khan Fan Went for the Premiere of the Movie, Happy New Year. - Legal Reasoning

Advertisement Remove all ads
Advertisement Remove all ads
Advertisement Remove all ads
MCQ

LEGAL PRINCIPLES:
1. To constitute a punishable criminal offense, guilty intention must accompany an illegal act.
2. Criminal mischief means causing damage to public property intentionally or with the knowledge that harm may occur.

FACTUAL SITUATION: Neel being a Shahrukh Khan fan went for the premiere of the movie, Happy New Year. As usual, he carried his pen-knife, a gift from his dead mother. At the security check, impatient of waiting in the queue, Neel slunk past the guards and the metal detector when no one was watching. Later, he was apprehended in the hall and charged for mischief and possession of a weapon when it was expressly forbidden. DECISION:

Options

  • Neel is not criminally liable since he had no intention to commit mischief.

  • Liable for possession of the weapon since it was expressly forbidden and mere possession was enough; although he might not be liable for mischief as he did not do anything.

  • Neel is not liable since the pen knife had an emotional value and rather the guards should be punished for the security breach.

  • Liable for both possession of a weapon and criminal mischief since he slunk past the guards which show his intention to commit the crime.

Advertisement Remove all ads

Solution

Liable for possession of the weapon since it was expressly forbidden and mere possession was enough; although he might not be liable for mischief as he did not do anything.

Explanation:

Neel is liable for the possession of the weapon because it was already mentioned that no weapons are permitted in the hall, but not for mischief because his intention was not to harm and also he didn't misuse the same to create any mischief.  

Concept: Criminal Law
  Is there an error in this question or solution?
Advertisement Remove all ads
Share
Notifications

View all notifications


      Forgot password?
View in app×