Advertisements
Advertisements
Question
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.
Options
X can be held responsible for the trespass of goods
X cannot be held responsible for trespass of good as he was under a wrong belief
X has not committed any wrong
None of the above
Advertisements
Solution
X can be held responsible for the trespass of goods
Explanation:
Under section 441 of IPC which defines Criminal trespass that whoever enters into or upon property in the possession of another with intent to commit an offence or to intimidate, insult or annoy any person in possession of such property or having lawfully entered into or upon such property, unlawfully remains there with the intent thereby to intimidate, insult or annoy any such person or with intent to commit an offence.
APPEARS IN
RELATED QUESTIONS
Which of the following is not a feature of the criminal justice system in India?
The question contains some basic principles and fact situations in which these basic principles have to be applied. A list of probable decisions and reasons are given. You have to choose a decision with reasons.
Principles:
1. An employer shall be liable for the wrongs committed by his employees in the course of employment.
2. Third parties must exercise reasonable care to find out whether a person is actually acting in the course of employment.
Facts:
Nandan was appointed by Syndicate Bank to collect small savings from its customers spread over in different places on a daily basis. Nagamma, a housemaid, was one of such 'customers making use of Nandan's service. Syndicate Bank after a couple of years terminated Nandan's service. Nagamma, unaware of this fact, was handing over her savings to Nandan who misappropriated them. Nagamma realized this nearly after three months when she went to the Bank to withdraw money. She filed a complaint against the Bank.
Possible decisions:
(a) Syndicate Bank shall be liable to compensate Nagamma.
(b) Syndicate Bank shall not be liable to compensate Nagamma.
(c) Nagamma has to blame herself for her negligence.
Probable reasons for the decision:
(i) Nandan was not acting in the course of employment after the termination of his service.
(ii) A person cannot blame others for his own negligence.
(iii) Nagamma was entitled to be informed by the Bank about Nandan.
(iv) The Bank is entitled to expect its customers to know the actual position.
The question contains some basic principles and fact situations in which these basic principles have to be applied. A list of probable decisions and reasons are given. You have to choose a decision with reasons.
Principles:
1. Copying including attempt to copy in examinations is a serious offence.
2. One shall not take any unauthorized materials into the examination hall.
Facts:
Rohini, an examinee in PUC., was thoroughly checked while entering into the examination hall. She did not have anything other than authorized materials such as pen, instrument box, etc., with her. As she was writing her paper, an invigilator found close to her feet a bunch of chits. The invigilator on scrutiny found that the chits contained answers to the paper being written by Rohini. Rohini's answers tallied with the answers in the chits. A charge of copying was levelled against Rohini.
Probable decisions:
(a) Rohini shall be punished for copying.
(b) Rohini cannot be punished for copying.
Probable reasons for the decision:
(i) Something lying near the feet does not mean that the person is in possession of that thing.
(ii) The fact that she was checked thoroughly while getting into the hall must be conclusive.
(iii) Similarities between her answers and the answers in the chit indicate that she used those chits.
(iv) After using those chits, she must have failed to dispose of them properly.
Z is carried off by a tiger. X fires at the tiger, knowing that the shot might kill Z, but with no intention to kill Z, and in good faith trying to save Z. X’s shot, however, gives Z a mortal wound. Choose the correct option
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 right to action cannot arise out of illegal activity.
Factual Situation: A and B were thieve- engaged in stealing cars and other vehicles once they stole a car, and while driving off they had to cross a city. They engaged a drive: to drive them through the city since they did not know the route inside. The indicator lamp of the car was not working and the thieves have not realized this, and therefore, had not told about it to the driver. While driving, through the city, the car was hit by another vehicle because of the faulty indicator. In the accident, the driver was injured and he filed a sue: against A and B.
Decision:
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: Whoever attempts to commit an offense punishable by the Indian Penal Code and in such attempt does any act towards the commission of the offense, shall be punished. Stealing is an offense punishable by the Indian Penal Code.
Facts: A makes an attempt to steal some jewels by breaking open a box and after so opening the box, finds that there is no jewel in it.
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: Whoever, being legally bound to furnish information on any subject to any public servant, as such, furnishes, as true information, on the subject which he knows or has reason to believe to be false, has committed a punishable offense of furnishing false information.
Facts: Sawant, a landholder, knowing of the commission of a murder within the limits of his estate, willfully misinforms the Magistrate of the district that the death has occurred by accident in consequence of the bite of a snake.
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 PRINCIPLES: Whoever dishonestly takes away any property from the possession of another, with an intention of such taking away, without his permission is liable for theft.
FACTUAL SITUATION: Raja, a famous gangster, moves into an apartment in Kankurgachi, Calcutta. There, he discovers that the previous owner of the apartment had left behind a pair of beautiful ivory-handled combs. Mesmerized by their beauty and confused as to whom he should be returning them to, he decides to retain them and starts using them. The previous owner of the combs gets to know this and registers an FIR for theft against Raja. Is Raja liable? DECISION:
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:
Apply the legal principles to the facts given below and select the most appropriate answer.
Legal Principles:
1. An attempt is an act committed in part execution of a criminal design or intent, more than mere preparation, but falling short of actual commission.
2. Whoever, by deceiving any person, fraudulently or dishonestly induces the person so deceived to deliver any property to any person or to consent that any person shall retain any property, or intentionally induces the person so deceived to do or omit to do anything which he would not do/omit if he were not so deceived, and which act or omission causes or is likely to cause damage or harm to that person in body, mind, reputation or property, is said to “cheat”,
3. Preparation is the second stage in the commission of a crime. It means to arrange the necessary measures for the commission of the intended criminal act.
4. 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 his act is likely to cause death, commits the offense of murder.
5. Whoever causes the death of any person by doing any rash or negligent act shall be guilty of negligence.
Facts: Amar applied for the post of P. G. Teacher in a government school and submitted his application along with his degrees. He was called for the interview on 10 June 2018. But the school authorities on 10 May 2018 discovered that the copy of the degrees attached to Amar’s application is forged and so the interview was canceled. Is any offense committed by Amar?
