CLAT Legal-Aptitude: Questions 188 - 189 of 1066
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Question number: 188
Appeared in Year: 2009
No one can be convicted twice for the same offence. This doctrine is called
Burden of proof
Question number: 189
Appeared in Year: 2013
PRINCIPLE: Nothing is an offence merely by reason of its being done with the knowledge that it is likely to cause harm, if it be done without any criminal intention to cause harm, and in good faith for the purpose of preventing or avoiding other harm to a person or property.
FACTS: Mr. Sharman, the Italian captain of a steam vessel, suddenly and without any fault or negligence on his part, finds himself near the Kochi coast in such a position that before he can stop his vessel, he must inevitably run down a boat B with twenty or thirty passengers on board, unless he changes the course of his vessel, and that by changing his course, he must incur risk of running down a boat C with only two passengers on board, which he may possibly clear. Whether Sharman has committed an offence?
Sharman has committed no offence because this was done out of necessity
Sharman can be held responsible for the act of criminal negligence
Sharman can be held responsible for culpable homicide
This is a clear case of accident so Sharman cannot be held responsible