Criminal Law (AILET Legal-Aptitude): Questions 19 - 20 of 23

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Question number: 19

» Criminal Law

Appeared in Year: 2015

MCQ▾

Question

LEGAL PRINCIPLES

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: A wanted to kill B and had therefore gone to the market to buy explosives to plant in his house. After A has planted the bomb, he felt guilty and he went back to remove the bomb but while he was doing so, B saw him and called the police. Can A be held liable?

Choices

Choice (4) Response
a.

Yes, because there existed a mala fide intention.

b.

No, because B did not die.

c.

Yes, because he has done something more than mere preparation.

d.

No, because he had removed before anything could happen.

Question number: 20

» Criminal Law

Appeared in Year: 2015

MCQ▾

Question

LEGAL PRINCIPLES:

To constitute a punishable criminal offence, guilty intention must accompany an illegal act.

Criminal mischief means causing damage to public property intentionally or with the knowledge that harm may occur.

FACTUAL SITUATION: Neel being a Shahrukh Khan fan went for the premier of the movie, Happy New Year. As usual, he carried his pen-knife, a gift from his dead mother. At the security check, impatient of waiting in the queue, Neel slunk past the guards and the metal detector when no one was watching. Later, he was apprehended in the hall and charged for mischief and possession of a weapon when it was expressly forbidden.

Choices

Choice (4) Response
a.

Neel is not criminally liable since he had no intention to commit mischief.

b.

Liable for both possession of weapon and criminal mischief since he slunk past the guards which shows his intention to commit the crime.

c.

Liable for possession of the weapon since it was expressly forbidden and mere possession was enough; although he might not be liable for mischief as he did not do anything.

d.

Neel is not liable since the pen knife had an emotional value and rather the guards should be punished for the security breach.

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