CLAT (Common Law Admission Test) Legal-Aptitude: Questions 399 - 400 of 1213

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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 399 (1 of 3 Based on Passage)

Appeared in Year: 2015

Question MCQ▾

FACTS: RANI ran to a well stating that she would jump into it and she started running towards the well but she was caught before she could reach it

Choices

Choice (4)Response

a.

Right to life includes right to die hence a person should not be held responsible for attempt to commit suicide

b.

She is guilty of attempt to commit suicide

c.

She is not guilty of attempt to commit suicide because she might have changed her mind before jumping into the well

d.

Question does not provide sufficient data or is vague

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Question 400 (2 of 3 Based on Passage)

Appeared in Year: 2015

Question MCQ▾

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 culpable homicide not amounting to murder as his intention was definitely not to kill

b.

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

c.

Siny will be liable for attempting to murder

d.

None of the above

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