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Criminal law - past years legal reasoning questions

Try answering these questions after you read this. Write your answers in the comments to this post, feel free to discuss why you think an answer is correct:

1.     Principle: An act done by a child between 7 and 12 years of age is not an offence, if he/she is not mature enough to understand the nature and consequences of the act. [NLS 2000]

        Facts: A child of 9 years finds a gold chain in the house of his uncle and gives it to his brother B, aged 5 years asking him not to tell anyone. The uncle reported it to the police station and the police conducted a search. During the search, the gold chain falls from the pocket of B and when the police asks B, he says that it was given to him by his brother A.

a]  Both A and B are guilty of theft.

b]  A is guilty of theft but B is not.

c]  Both A and B are not guilty of theft.

 

2.     Principle: Self-defence is considered as a universal exception for intentionally causing harm. [NLS 2002]

        Facts: The robbers armed with knives and crowbars, broke the access door of a house and entered  it. The owner of the house took his gun and threatened to shoot them. The robbers ran out of the house and started pelting stones. The owner opened fire. Having heard the gun shot, the police rushed to the place and announced that the owner must stop firing. The owner suspecting mischief, continued to fire and a policeman was injured by a shot. The robbers meanwhile fled away. The owner was sued for attacking the public servant on duty.

a]  The owner shall be liable for causing harm, in excess of what is necessary for self-defence.

b]  The owner shall not be liable for attacking the public servant as such, though he may be held otherwise.

c]  The owner’s action is justified by the consideration of self-defence. 

 

3.     Principle I: Any person may use reasonable force in order to protect his property or person.

        Principle II: However, the force employed must be proportionate to the apprehended danger.

        Facts: Ravi was walking on a lonely road. Maniyan came with a knife and told Ravi, ‘Your life or your purse.’ Ravi pulled out his revolver. On seeing it, Maniyan ran. Ravi shot Maniyan in his legs. [NLS 1990]

a]  Ravi will not be punished as there was danger to his property.

b]  Ravi will not be punished as the force he used was proportionate to the apprehended injury.

c]  Ravi will be punished as the force he used was disproportionate to the apprehended injury.

d]  As Maniyan ran to escape, there was no longer a threat to Ravi’s property. So Ravi will be punished.

 

4.     Principle I: Preparation to commit an offence is not an offence.

        Principle II: After one has finished preparation to commit an offence, any act done towards committing the offence with intention to commit it, is an attempt to commit the offence, which is by itself an offence. [NLS 2000]

        Facts: A wants to kill B. He buys a gun and cartridges for committing the murder. He then sets out searching for B and when he sees B, he loads his gun and takes aim at B and pulls the trigger. The gun did not fire.

a]  A is guilty of attempt to murder B from the time he sets out in search of B.

b]  A is guilty of attempt to murder from the time he loads his gun.

c]  A is guilty of attempt to murder from the moment he takes aim at B.

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Comment by Ramanuj Mukherjee on March 14, 2014 at 1:00pm

Kindly start a new thread when you ask a new question!

Comment by mani bhushan on March 13, 2014 at 4:26pm

how is icfai dehradun faculty of law??anybody have knowledge

Comment by mani bhushan on March 11, 2014 at 9:59am

answers
1)-c
2)b
3)c
4)b

Comment by Prabhdeep Kaur on March 10, 2014 at 10:03pm

for 3 is the ans is c or d

Comment by Ramanuj Mukherjee on February 25, 2014 at 8:34pm

for 4, I would say that there is no gult until the trigger is pulled, because until then he has the option to backtrack without any damage. However, after pulling the trigger, the act is irrevocable. Still, since the last stage provided in the options is aiming the gun, C describes the latest stage and it is the correct option.

Comment by Kritika Vidyarthi on February 24, 2014 at 5:46pm

What about the fourth question?

Comment by Ramanuj Mukherjee on February 24, 2014 at 5:26pm

The answer to question number 3 should be C, because option C is closest to the principles provided. 

Comment by NIKITA SRIVASTAVA on February 24, 2014 at 2:52pm

1. B, 2.A, 3.C, 4.C...am I right? 

Comment by Kritika Vidyarthi on February 23, 2014 at 11:18pm

What is the correct answer for the 3rd question? C or D?

Comment by srishti singh on February 22, 2014 at 9:12pm

last answer would be {C},NOT[ d].i have written the alphabet incorrectly

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