Criminal Law (CLAT Legal-Aptitude): Questions 79 - 81 of 88

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Question number: 79

» Criminal Law

Appeared in Year: 2016

MCQ▾

Question

PRINCIPLEs: A person is said to abet the doing of a thing when he instigates any other person to do that thing.

Mere acquiescence, however, does not amount to instigation.

FACTS: ‘P’ says to ‘Q’: I am going to kill ‘R’. ” And, ‘Q’ replies: “Do as you wish and take the consequences”; where after ‘P’ kills ‘R’.

Choices

Choice (4) Response

a.

‘Q’ has not abetted ‘P’ to kill ‘R’.

b.

‘Q’ is jointly liable with ‘P’ for killing ‘R’.

c.

‘Q’ abetted ‘P’ to kill ‘R’.

d.

Q’ has abetted ‘P’ by conspiracy.

Question number: 80

» Criminal Law

Appeared in Year: 2016

MCQ▾

Question

PRINCIPLE: Existence of all the alleged facts is relevant, whether they occurred at the same time and place or at different times and places.

Facts: ‘P’, a citizen of England, is accused of committing murder of ‘Q’ in India by taking part in a conspiracy hatched in England.

Choices

Choice (4) Response

a.

The facts that ‘P’ citizen of England is accused of commission of murder in India and of conspiracy hatched in England are relevant facts.

b.

‘P’ citizen of England cannot be tried in India.

c.

Only the fact that ‘P’ is accused of conspiracy hatched in England is relevant.

d.

Only the fact that ‘P’ citizen of England is accused of committing murder of ‘Q’ in India is relevant.

Question number: 81

» Criminal Law

MCQ▾

Question

PRINCIPLE: Nothing is an offence, which is done by accident or misfortune, and without any criminal intention or knowledge in the doing of a lawful act in a lawful manner by lawful means and with proper care and caution.

FACTS: ‘P’ takes up a gun, not knowing whether it is loaded or not, points it playfully at ‘Q’ and pulls the trigger. Consequently, ‘Q’ falls dead.

Choices

Choice (4) Response

a.

Q’s death is accidental, as ‘P’ had no intention to kill ‘Q’.

b.

Q’s death is accidental, as ‘P’ did not have the knowledge that the gun is loaded.

c.

Q’s death is accidental, as ‘P’ was just pointing the gun playfully at ‘Q’.

d.

Q’s death is not accidental, as there was want of proper care and caution on the part of ‘P’.

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