don't just crack CLAT, come hack CLAT with us.
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.