Criminal Law (CLAT (Common Law Admission Test) Legal-Aptitude): Questions 28 - 30 of 88

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Passage

PRINCIPLES:

A. Whoever intending to take any moveable property out of the possession of any person without that person’s consent, moves that property out of his or her possession, is said to commit theft.

B. A person who, without lawful excuse, damages any property belonging to another intending to damage any such property shall be guilty of causing criminal damage.

C. Damage means any impairment of the value of a property.

FACTS: Veena, an old lady of 78 years, used to live with her granddaughter Indira. Vienna was ill and therefore bedridden for several months. In those months, she could not tolerate any noise and it ’became quite difficult to clean her room. After she died, Indira hired a cleaner, Lucky, to clean the room and throw away any rubbish that may be there.

There was a pile of old newspapers which Veena had stacked in a corner of her room. Lucky asked Indira if he should clear away the pile of old newspapers, to which she said yes, Lucky took the pile to a municipality rubbish dump. While Lucky was sorting and throwing away the newspapers, he was very surprised to find a beautiful painting in between two sheets of paper. He thought that Indira probably wouldn’t want this old painting back, especially because it was torn in several places and the color was fading. He took the painting home, mounted it on a wooden frame and hung it on the wall of his bedroom. Unknown to him, the painting was an old masterpiece, and worth twenty thousand rupees. Before mounting the painting, Lucky pasted it on a plain sheet of paper so that it does not tear any more. By doing so, he made its professional restoration very difficult and thereby reduced its value by half.

Lucky’s neighbor Kamala discovered that the painting belonged to Indira. With the motive of returning the painting to Indira, Kamala climbed through an open window into Lucky’s room when he was away one afternoon and removed the painting from his house.

Question number: 28 (2 of 5 Based on Passage) Show Passage

» Criminal Law

Appeared in Year: 2011

MCQ▾

Question

Is Lucky guilty of criminal damage?

Choices

Choice (4) Response

a.

No, Lucky is not guilty of criminal damage as he has not destroyed the painting.

b.

Yes, Lucky is guilty of criminal damage as he intentionally stuck the paper on to the painting

c.

No, Lucky is not guilty of criminal damage as he did not intentionally impair the value of the painting.

d.

No, Lucky is not guilty of criminal damage as he does not have the painting in his possession anymore.

Question number: 29 (3 of 5 Based on Passage) Show Passage

» Criminal Law

Appeared in Year: 2011

MCQ▾

Question

Has Lucky committed theft?

Choices

Choice (4) Response

a.

Yes, Lucky has committed theft of the newspapers and the painting.

b.

No, Lucky has not committed theft because he has not moved the painting out of Veena’s possession.

c.

Yes, Lucky has committed theft of the painting, but not of the newspapers

d.

No, Lucky has not committed theft because he had Veena’s consent.

Question number: 30 (4 of 5 Based on Passage) Show Passage

» Criminal Law

Appeared in Year: 2011

MCQ▾

Question

If Lucky had discovered the painting before leaving Indira’s house rather than at the rubbish dump, would he have been guilty of theft in this case?

Choices

Choice (4) Response

a.

No, he would not be guilty of theft.

b.

Yes, he would be guilty of theft of the painting.

c.

Yes, he would be guilty of theft of the newspapers and the paintings.

d.

Question does not provide sufficient data or is vague

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