AILET Legal-Aptitude: Questions 61 - 62 of 152
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Question number: 61
Appeared in Year: 2015
Everyone has a right to defend their life and property against criminal harm provided it is not possible to approach public authorities and more harm than is necessary has been caused to avert the danger.
Nothing is an offence which is done in the exercise of the right of private defense.
FACTUAL SITUATION: The accused found the deceased engaged in sexual intercourse with his 15-year-old daughter. The accused assaulted the deceased on the head with a spade which resulted in his death. Accused claimed private defense and the prosecution claimed that the sexual intercourse was with the consent of the daughter. Here,
Accused is entitled to the right of private defense since the girl was only 15 years old.
Accused is not entitled to private defense as the right of private defense is available for defending one’s life and property only.
Accused exceeded the right of private defense.
Accused is not entitled to private defense as the intercourse was consensual.
Question number: 62
Appeared in Year: 2014
Preparation to commit an offence is not an offence.
After one has finished preparation to commit an offence, any act done towards committing the offence with the intention to commit it, is an attempt to commit the offence which is by itself an offence.
FACTUAL SITUATION: Manish wanted to kill Nandini and had therefore gone to the market to buy explosives to plant in her house. Manish kept those explosives in his godown as he planned to plant them early next morning. But as the explosives were stolen in the night he could not plant them in Nandini’s house. However, Nandini came to know about Manish’s plan and therefore wants to file a complaint against him. Will she succeed?
No, because mere preparation is no offence.
No, because Nandini did not die.
Yes, because he has done something more than mere preparation.
Yes, because there existed a mala fide intention.