Criminal Law (CLAT Legal-Aptitude): Questions 31 - 33 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: 31 (5 of 5 Based on Passage) Show Passage

» Criminal Law

Appeared in Year: 2011

MCQ▾

Question

Which of the following propositions could be inferred from the facts and the rules specified?

Choices

Choice (4) Response

a.

Kamala is guilty of criminal damage as the person she took the painting from (Lucky) was not its lawful owner.

b.

Kamala is guilty of criminal damage as she took the painting without Lucky’s consent.

c.

Kamala is not guilty of criminal damage as the painting has not been completely destroyed.

d.

None of the above

Question number: 32

» Criminal Law

Appeared in Year: 2013

MCQ▾

Question

Principle: Whoever attempts to commit an offence punishable by the Indian Penal Code and in such attempt does any act towards the commission of the offence, shall be punished. Stealing is an offence punishable by the Indian Penal Code.

Facts: A makes an attempt to steal some jewels by breaking open a box, and after so opening the box, finds that there is no jewel in it.

Choices

Choice (4) Response

a.

A has attempted to commit the offence of stealing

b.

A has committed no offence

c.

A has committed the offence of stealing

d.

All of the above

Question number: 33

» Criminal Law

Appeared in Year: 2013

MCQ▾

Question

PRINCIPLE: Whoever desires any Court to give judgment about any legal right or liability, which depends on the existence of those facts, which he asserts, must prove that those facts exist.

FACTS: A asserts that B, C and D have committed an offence of criminal conspiracy and therefore A desires a Court to give judgment that B, C and D shall be punished for that crime which A says B, C and D have committed.

Choices

Choice (4) Response

a.

Police must prove that B, C, and D have committed the crime

b.

B, C, and D must prove that they have not committed the crime

c.

A must prove that B, C, and D have committed the crime

d.

A must prove that B, C, and D were present at the place of crime

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