CLAT Legal-Aptitude: Questions 399 - 401 of 1066

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Question number: 399

» Law: Nature and Classification

Appeared in Year: 2010

MCQ▾

Question

Ratio decidendi means:

Choices

Choice (4) Response
a.

Part of the judgement which possesses authority

b.

An observation made by a judge

c.

A judicial decision

d.

Any observation made by the court which goes beyond the requirement of the case

Passage

Definition of Attempt: Lord Blackburn has said that “there is no doubt that there is a difference between a preparation antecedent to an attempt and the actual attempt but if the actual transaction has commenced which would have ended in the crime if not interrupted there is clearly an attempt to commit the crime. ”

Fault element: Intention or knowledge requisite for committing an offence

Conduct element: does any act towards its commission and has crossed the stage of preparation. This act is so closely connected with and proximate to the commission that it fails in object because of facts not known to him or because of circumstances beyond his control.

Question number: 400 (1 of 3 Based on Passage) Show Passage

» Criminal Law

Appeared in Year: 2015

MCQ▾

Question

FACTS: Jam denied food to his wife Jane for several days by keeping her confined in a room with an intention to accelerate her death. Jane ultimately managed to escape.

Choices

Choice (4) Response
a.

Jam is guilty for attempt to murder his wife

b.

Jam is not guilty for attempt to murder his wife and he was only doing preparation

c.

Jam is not guilty for attempt to murder his wife as she always had option to escape

d. Question does not provide sufficient data or is vague

Question number: 401 (2 of 3 Based on Passage) Show Passage

» Criminal Law

Appeared in Year: 2015

MCQ▾

Question

FACTS: SINY with an intention to pick pocket puts his hand into Minu’s pocket. Minu had a loaded pistol in his pocket. The thief touches the pistol and trigger goes on, whereby Minu is shot dead.

Choices

Choice (4) Response
a.

Siny will be liable for attempting to murder

b.

Siny will be liable for culpable homicide not amounting to murder as his intention was definitely not to kill

c.

SINY will be liable only for attempting to pick pocket and not for killing because she cannot be treated differently from all other pick pockets who steal under exactly similar circumstances and same intention with no risk of causing death and with no greater care to avoid it

d. Question does not provide sufficient data or is vague

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