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Mark the Best Option: Principles: the Word Animal Denotes Any Living Creature, Other than Human Being.Ii. Whoever with Intent to Cause, Or Knowing that He is Likely to Cause, Wrongful Loss - Legal Reasoning

MCQ

Mark the best option:
Principles:

  1. The word animal denotes any living creature, other than human being.II.
  2. Whoever with 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 any property, or any such change in any property or in the situation thereof as destroys or diminishes its value or utility, or affects it injuriously, commits "mischief.III.
  3. Whoever commits mischief by killing, poisoning, maiming or rendering useless any animals or animal of value, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.IV.
  4. Nothing is an offense which is done by accident or misfortune and without any criminal intention or knowledge in the doing of a law Latin a lawful manner by lawful means and with proper care and caution.

Facts: Rajat is on the brink of treating the dangerous new pug flu, which is claiming lives worldwide. However, he is told by a friend one day, that Kunal, another scientist living in the city, has made tremendous progress in discovering a cure as well. Feeling his potential success and fame being thwarted, Rajat visits Kunal on the pretext of discussing a possible collaboration. Kunal, genuinely interested in the offer, tells that he has isolated virus that are kept in his personal lab, which have shown strong potential for developing a cure. He also tells him that since the virus outside a human and animal are not considered alive, they do not run the risk of the virus spread unless any such human or animal enters the lab. Listening to this, he tells Kunal that he will do background reading on the virus and contact Kunal later. That same night, Rajat returns, breaks the lock of Rajat's lab, enters the lab and increases the temperature of the section holding the viruses so much, that all the viruses are destroyed. Rajat is caught in the CCTV camera and charged with mischief. Does Rajat's act include committing mischief?

Options

  • No, since virus are not living creature, and their destruction is not killing or rendering useless of animals.

  • No, since the value of viruses was only potential and not real.

  • Yes, since Rajat's act caused a major setbacks to Kunal's research.

  • Yes, since when Rajat broke Kunal's lock, he diminished its value and utility.

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Solution

Yes, since when Rajat broke Kunal's lock, he diminished its value and utility.
The essential ingredients of mischief are as follows -

  1. Intention or knowledge of the likelihood to cause wrongful loss or damage to the public or to any person.
  2. Causing the destruction of some property or any change in it or in its situation; and
  3. Such destruction or change must destroy or diminish its value.

Mischief requires the intention of a person to cause wrongful loss or damage to the general public or any person. Mischief may also be created by a person with a change of situation of the property with the intention to injure to another person.

Concept: Questions Based on Hypothetical Situations (Entrance Exams)
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