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Question
The principle is to be applied to the given facts and to choose the most appropriate option:
Principle: When a person falsifies something with the intent to deceive another person or entity is forgery and is a criminal act. Changing or adding the signature on a document, deleting it, using or possessing false writing is also considered forgery. In the case of writing/painting to fall under the definition, the material included must have been fabricated or altered significantly in order to represent something it is actually no.
Facts: David made a living travelling from city to city, selling paintings that he claimed were done by great artists. Since the artists’ signatures were in place, many people fell for them and purchased the paintings. One of these artists saw three of his alleged paintings in a City gallery containing his name. He knew these were not his works and he complained to the police. Police traced David and initiated legal proceedings. Is David guilty of any offence?
Options
There is no point in taking legal action against David as the signature has not done any alteration to the artwork.
David is guilty of forgery as the addition of the signature was with an intention to make people believe that those were the paintings of the great artists.
Those who buy the art pieces from David ought to have been careful in checking it and ensuring that they were originals before purchasing it.
David is not guilty of any offence as he was selling the art pieces for his living.
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Solution
David is guilty of forgery as the addition of the signature was with an intention to make people believe that those were the paintings of the great artists.
Explanation:
According to Section 468 of the Indian Penal Code, an individual committing forgery on a document for the purpose of cheating will be held guilty.
In this question, David sold fake paintings by forging the signatures of great artists with the purpose of cheating customers. He will be held guilty for the same. (Dinesh Chandra vs State Of U.P. And Others on 7 March, 2011).
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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 co-curricular 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.
Which of the following is a correct inference that can be drawn about the author of the passage?
1. The author is criminal lawyer.
2. The author is in favour of judicial reform.
Select the correct answer using the codes given below.
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The question consists of two statements, one labelled as PRINCIPLE and other as FACT. You are to examine the principle and apply it to the given facts carefully and select the best option.
Principle: Willful rash driving is an offense.
Facts: Mr. Tiwari was driving his car after drinking alcohol. Police booked him for willful negligent driving. Is the act of the police lawful?
