Criminal Law [CLAT (Common Law Admission Test) Legal-Aptitude]: Questions 33 - 35 of 103
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Question 33
Appeared in Year: 2013
Question MCQ▾
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. | B, C, and D must prove that they have not committed the crime | |
b. | Police must prove that B, C, and D have committed the crime | |
c. | A must prove that B, C, and D were present at the place of crime | |
d. | A must prove that B, C, and D have committed the crime |
Question 34
Appeared in Year: 2009
Question MCQ▾
No one can be convicted twice for the same offence. This doctrine is called
Choices
Choice (4) | Response | |
---|---|---|
a. | Double jeopardy | |
b. | Burden of proof | |
c. | Double conviction | |
d. | Corpus delict |
Question 35
Appeared in Year: 2013
Question MCQ▾
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?
Choices
Choice (4) | Response | |
---|---|---|
a. | Sharman can be held responsible for culpable homicide | |
b. | This is a clear case of accident so Sharman cannot be held responsible | |
c. | Sharman has committed no offence because this was done out of necessity | |
d. | Sharman can be held responsible for the act of criminal negligence |