UG-CLAT entrance exam Question Bank Solutions for Legal Reasoning

Which of the following is not true about a criminal proceeding?

X, the servant of Y, takes a hundred rupee note fro Y's pocket and hides it under the carpet in the houses of Y, X tells Z another servant of Y, about the currency note and both, agree to share the money when the currency note is taken by X from the hiding place. Before X could recover the note, it was found by Y. Decide if an offence was committed and if so who committed the offence?

In a criminal case, an accused person, who is consideration of his non-prosecution offers to given evidence against other accused, is called

X, a shopkeeper, leaves a sealed 5 kilogram bag of a branded wheat flour at the door of Y with a note you will like this quality wheat flour and pay Rupees 100 for this bag' without being asked to do so. Y on coming back collects the bag from his door, opens the seal of the bag, and uses a quarter of kilograms for making chapattis (unleavened bread). But next day returns the bag. Is he bound to pay for the bag? He is

Answer the question which follows form the application of the under mentioned legal principle.

Principle: An assault is an attempt to do a corporeal hurt to another, coupled with an apparent present ability and intention to do that act. A battery is the intentional and direct application of any physical force to the person of another A was sitting on a chair reading a book. His friend. B decided to play a practical joke on him. Accordingly, he pulled the chair from under him, as a result of which A landed on the floor.

Answer the question which follows form the application of the under mentioned legal principle.

Principle: False imprisonment is a total restraint of the liberty of a person, for however short a time, without lawful excuse.

A was driving down a road heading to her house. As she reached close to her house, she found that a few people led by B, protesting against an unfair law had blocked the road. There was no alternate road to her house and hence she was stuck there for around 5 minutes.

Answer the question which follows form the application of the under mentioned legal principle.

Principle: False imprisonment is a total restraint of the liberty of a person, for however short a time, without lawful excuse.

A was suspected of having committed the murder of B. C, a policeman who was investigating into B's murder saw A in a market. He went up to him, caught hold of his hand and prevented him from going anywhere.

A handed over ₹5,000 to her neighbour B, who was an employee of a bank, and asked him to deposit the money in her account, instead of doing so, B spent the money. A sues the bank for damages.

Principle: When a criminal act is done by one person in furtherance of the common intention of himself and some other persons, each of such person is liable for the act in the same manner as if it were done by each one of them.

A B and C decided to commit burglary. They broke into a locked house. However, before they had finished their work, a domestic servant appeared from the out-house and started shouting. A B and C left the house and started running away. They were pursued by a small crowd. A, on being caught by X, one of the persons pursuing them, stabbed him and ran away. By the time B and C had disappeared. X died on account of the stab wounds. Later, the police arrested all three. They were charged for attempted burglary and murder of X.

Principle: A person is liable for any damage which is the direct consequence of his/ her unlawful act, as long as the consequence could have been foreseen by a reasonable person. During a scuffle, A knocked B unconscious and then placed B at the foot of a hill at night, when the temperature was around one-degree centigrade. B suffered from hypothermia and had to be hospitalized for a week. B sues A.

Principle: Whoever intending to take dishonestly (with an intention to cause wrongful loss to another or wrongful gain to himself) any moveable property without that person's consent, moves that property in order to such taking is said to commit theft. (Common for Q. No. 18 and 19) A had lent his watch to B for a period of a month. Two days after he had done so, he walked into B's office to find the watch on B's table. He decided to take the watch back. A was prosecuted for theft.

A handed over his watch to B for safekeeping. B sells the watch to C, which he was not authorised to do. B is prosecuted for theft.

Principle: Whoever intentionally puts any person in fear of any injury to that person, or to any other, and thereby dishonestly induces that person so put in fear to deliver to any person any property, commits extortion. 
A entered B's house, caught hold of B, S daughter C and threatened to stab her if A did not give him ₹10,000 immediately. B did so. A is prosecuted for extortion.

Principle: Whoever intentionally puts any person in fear of any injury to that person, or to any other, and thereby dishonestly induces that person so put in fear to deliver to any person any property, commits extortion. 
A entered B's house, caught hold of B, S daughter C and threatened to stab her if A did not give him ₹10,000 immediately. B did so. A is prosecuted for extortion.

Principle: Theft is robbery if in order to committing of the theft, or in committing the theft, or in carrying away or attempting to carry away property obtained by theft, the offender, for that end, voluntarily causes or attempts to cause to any person death or hurt or fear of instant death or instant hurt.

A entered B's house to take away her TV. When he was carrying the TV out of the house, he encountered B near the door. He left the TV behind and ran away.

Principle: Theft is robbery if in order to committing of the theft, or in committing the theft, or in carrying away or attempting to carry away property obtained by theft, the offender, for that end, voluntarily causes or attempts to cause to any person death or hurt or fear of instant death or instant hurt.

A entered B's house and was taking away her wallet and leaving the house when he encountered B. He dropped the wallet, but shot her while escaping.

Principle: Whoever with the 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 property, or any such change in any property or in the situation thereof as destroys or diminishes its value or utility, of affects it injuriously, commits mischief.

A went to B's house for dinner. He saw that B had a statue made of ice, which was kept in a freezer, A removed the statue from the freezer for a few minutes, which led to the hand of the statue changing shape.

Principle: Whoever with the 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 property, or any such change in any property or in the situation thereof as destroys or diminishes its value or utility, of affects it injuriously, commits mischief.

A lent his laptop to B. When in possession of the laptop, B inserted a pen drive into the laptop. When he did a virus scan, he realised that the pen drive was infected. Since he urgently required a file that was on the laptop, he nevertheless opened the files on the pen drive, in the process infecting the laptop.

Principle: Whoever enters into or upon property in the possession of another with the intent to commit an offense 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 an intent to intimidate, insult or annoy any such person, or with the intent to commit an offense commits criminal trespass. A went to Delhi Law College to participate in a competition. After participating in the competition, A hid inside the campus so that he could steal a few books from the library.

The question contains some basic principles and fact situations in which these basic principles have to be applied. You have to select the best option.

Principle: Whoever does any act so rashly or negligently as to endanger human life or the personal safety of others is said to have committed an offense.

Facts: Mr. Mangeskar owns a Yamaha motorcycle which has very good pick up and speed. He is studying in the IV semester of Mechanical Engineering degree course. One day it was getting late for college as he woke up late in the morning. He got ready and was rushing to college so that he would not miss the class. He was riding the motor cycle at a speed of 140 km per hour in Bangalore city which was crowded. He was very good in riding the motorcycle. People who were using the road got annoyed/ scared with the way Mr. Mangeskar was riding the motorcycle.