Criminal Law (CLAT Legal-Aptitude): Questions 48 - 49 of 88
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Question number: 48
» Criminal Law
Appeared in Year: 2015
PRINCIPLES: Doctrine of Double Jeopardy: No person shall be prosecuted and punished for the same offence twice.
FACTS: Maqbool brought some gold into India without making any declaration to Customs department on the airport. The custom authorities confiscated the gold under the Sea Customs Act. Maqbool was later charged for having committed an offence under Foreign Exchange Regulation Act.
He cannot be prosecuted because it would amount to double jeopardy
He can be prosecuted because confiscation of good by custom authorities does not amount to prosecution by the Court
Maqbool ought to have known that he can be stopped by the custom authorities
|d.||Question does not provide sufficient data or is vague|
Question number: 49
» Criminal Law
PRINCIPLE 1: Whoever causes death by doing an act with the intention of causing death, or with the intention of causing such bodily injury as is likely to cause death, or with the knowledge that he is likely by such act to cause death, commits the offence of culpable homicide. PRINCIPLE 2: Culpable homicide is murder, if the act by which the death is caused is done with the intention of causing death, or if the person committing the act knows that it is so imminently dangerous that it must, in all probability, cause death, or such bodily injury as is likely to cause death, and commits such act without any excuse for incurring the risk of causing death or such injury as aforesaid. FACTS: James makes up a plan of blowing up the entire building of a club. The bombs planted by him are such that they are to explode after the guard is out of the building for patrolling. Contrary to his plan, that night the guard intends to sleep inside the premises. When he comes to know of the same, he tries his level best to diffuse the bomb but the plan fails resulting in the death of the guard whose representatives then bring about a suit against him. What is the liability of James?
He is liable for both culpable homicide and murder since he had the intention of causing death while he knew that the act could cause death.
He is liable for culpable homicide only.
He is liable for murder only as his intention was nothing but causing death.
|d.||None of the above|