Criminal Law (AILET Legal-Aptitude): Questions 17 - 18 of 23
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Question number: 17
» Criminal Law
Appeared in Year: 2015
LEGAL PRINCIPLE: Necessity knows no law, and any person facing danger may do all that is necessary to avert the same till he can take recourse to public authorities.
FACTUAL SITUATION: Akshay, a law abiding citizen decided to remove the weed of corruption from Indian society. One day, confronted with a bribing official, Akshay decided to teach him a lesson and punched him on his face. Akshay
Can plead defense of necessity as aware and vigilant citizenry forms the basis of a good democracy.
Can plead defense of necessity as there was no time to take recourse to public authorities.
Cannot plead defense of necessity as there was dont necessity to act in the manner he acted.
Can plead defense of necessity as he was being bribed which is a crime.
Question number: 18
» Criminal Law
Appeared in Year: 2014
LEGAL PRINCIPLE: No person shall be convicted of any offence except for violation of a law in force at the time of commission of the act charged as an offence, nor subjected to a penalty greater than which might have been inflicted under the law in force at the time of commission of the offence.
FACTUAL SITUATION: A boy of 16 years was convicted of house trespass and theft. He was sentenced to imprisonment for 6 months and fine was also imposed. After the judgement, the Probation of Offenders Act came into force. It provided that a person below 21 years may not ordinarily be sentenced to imprisonment. Now the boy claims the benefit of this Act. Should he get it?
The rule of beneficial interpretation required that the benefit of ex post facto law can be applied to reduce his sentence.
A boy below 18 years is a minor and so should not be punished.
|d.||None of the above|