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Legal Reasoning

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Questions provided here are based on Criminal Law. Read the Legal Principles carefully, understand each factual situation and then attempt the questions by choosing the appropriate decision.

Legal Reasoning

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25 Questions

1. Factual Situation: B had teased A's sister. Coming to know of it, A took a sword and went to B's residence. B, his mother and sister were present in the house when A reached there abusing them. He said that he would forcibly take away B's sister. B's mother took her daughter inside a room and bolted the door. She then went forward with folded hands and requested A to pardon them. A immediately gave a blow on her neck with the sword and she fell down and died. At this B started running toward the fields. A chased him abusing. When A was still about 20 feet from him, B jumped into a well to save himself. B's head hit a hard substance in the well with the result that he lost consciousness and died of asphyxia due to drowning. Discuss the liability of A.
Issue: Whether the accused is guilty of murder.
Decision:

The act of teasing A's sister by B was not of such a nature whereby it can be said that A chopped off B's mother head under grave and sudden provocation. Provocation even though sudden was not so grave as to deprive A of his power of self-control. So A will be liable for murder of B's mother. However, B's death was not the direct result of any act done by the accused, that is, there was no causal connection. A's chasing cannot be said to be the cause of B's death, so he will neither be liable for murder nor for culpable homicide. But A will be liable for abetment to commit suicide.The facts of the case do not derive to any decision.The accused is guilty of murder and abetment to suicide.None"

2. Factual Situation: Accused A received from her paramour to administer to her husband a charm. A administered it with the result that the death ensued of her husband. A did not know that the substance given to her was poisonous until she saw its effects. Discuss.A's liability under Sector 304 A of IPC.
Issue: What offence, if any, has been committed?
Decision:

A is guilty of criminal rashness and negligence under S.304A.A is guilty of murder.None"A is guilty of culpable homicide.

3. Factual Situation: A, a railway reservation clerk, openly declared that he will entertain the reservation forms of only those passengers who are willing to give an additional sum of ` 25 per ticket as a premium. A sells 100 tickets and deposited the total ticket amount in railway treasury, but pockets the sum of ` 2,500/ that he has collected from the passengers as premium.
Issue: What offence, if any, has been committed?
Decision:

A is guilty of criminal misappropriation.None"He is not guilty of criminal breach of trust. As the premium was intended to be paid to A as his own personal profit, there could be no question of entrustment in such payment. A is guilty of receiving illegal gratification.A is guilty of criminal breach of trust.

4. Factual Situation: B was brought unconscious to a private nursing home. In the absence of the surgeon, his attendant, A, entered it as an emergency case and operated upon B's stomach to extract undigested poisoned food. During the operation, B died. The postmortem report attributed B's death to improper handling by A such cases independently yet he carried on the experiment as B needed an immediate treatment. Discuss the criminal liability of A.
Issue: What offence, if any, has been committed?
Decision:

A can be convicted under Sec. 304A for causing B's death by rash and negligent act.A cannot be held guilty because he was just performing his duty of doctor.None"He is liable for murder.

5. Factual Situation: X and Y were happily married, living in Bombay. M, an old classmate of Y, was transferred to Bombay. He started visiting X and Y at their flat and became quite friendly with X also. One afternoon X quite unexpectedly came back from his office and to his utter shock and disbelief found his wife and M in a compromising position. He, however, controlled himself and kept his cool and asked M never to see his face again lest he would kill him. After about a week, X left on a tour telling his wife that he would be back after four days. He, however, returned the very next day in the evening and found M and Y sitting together on the sofa in the drawing room with M's hand around Y's shoulder. X straightway went to his bedroom, took out his pistol from the almirah, came back to the drawing room and shot M dead.
Issue: Whether the accused is guilty of murder.
Decision:

The accused is not guilty of murder. The case is covered by Exception 1 to Sec. 300. The mental background created by the previous act of the victim may be taken into consideration for ascertaining whether the subsequent act caused grave and sudden provocation.The accused is guilty of murder.None"The accused is guilty of culpable homicide.

6. Factual Situation: A with a dishonest intention to steal enters his hand in B's pocket at a fair. But B's pocket was empty and A could not steal anything.
Issue: What offence, if any, has been committed?
Decision:

A is liable for theft.A will be liable for attempting theft.A is not liable for any offence.None"

7. Factual Situation: The accused K.M. Nanavati was an officer. In the year 1956, the Nanavatis were introduced to Ahuja. Gradually, friendship developed between Ahuja and Mrs Nanavati which culminated into illicit intimacy between them. One day Mrs Criminal Law | 10.23 Nanavati confessed to Nanavati of her illicit intimacy with Ahuja. Enraged at the conduct of Ahuja, the accused wanted to settle the matter with Ahuja. Thereafter, he drove her wife and two children to a cinema and left there, and then went to his ship and took a revolver. He then went to the flat of Ahuja and entered his bedroom. He called Ahuja a filthy swine and asked him whether he would marry his wife and look after the children. The deceased retorted, 'Am I to marry very woman I sleep with?' The accused became enraged and shot Ahuja dead.
Issue: Whether the accused is guilty of murder.
Decision:

None"He is guilty of culpable homicide.No he is not guilty of murder. Because his action is covered under the exception to murder that is grave and sudden provocation.He is guilty of murder as all the facts and circumstances are against him.

8. Factual Situation: X was driving a tourist bus at a fast speed. When he was 100 yards away from a traffic crossing he saw a green signal. In a bid to cross the road, he enhanced the speed but before he could cross the road the green signal turned red, but X continued to drive on and hit C, a school child, on the zebra crossing. For what offence can X be convicted?
Issue: What offence, if any, has been committed?
Decision:

X can be convicted under Sec. 304 A for rash and negligent driving.It's a matter of accident.None"The accused is innocent as he had no knowledge of the green signal.

9. Factual Situation: C was engaged to be married with D. Once C saw D flirting with G, another girl. C inquired, but D ignored. C became terribly upset. Suspecting illicit liaison between D and G, a week later, C went to D's flat. Peeping through the door's chink, she was shocked to see D and G in flagrante delicto. On D opening the door, C immediately took out a penknife which she habitually used to carry along, claimed where a woman was only engaged to be married or was only in love with the accused.
Issue: Whether the accused is guilty of murder.
Decision:

C is not guilty of murder.C is guilty of culpable homicide.C is guilty of murder as the reports of the doctor say that the injuries inflicted were sufficient in the ordinary course of nature to cause the death. Moreover, she was not a legally wedded wife. Criminal Law | 10.25C is guilty of grievous hurt.

10. Factual Situation: In the past, there used be quarrel between the accused A and his deceased uncle D> On the date of occurrence, D approached A drunk and abused him in filthy language thus subjecting A to grave and sudden provocation. A reacted immediately with a stick that was in his hand and killed D. Whether A is guilty of murder?
Issue: Whether the accused is guilty of murder.
Decision:

It is neither murder nor culpable homicide.The case is covered by Exception 1 or 4 of Sec. 300. There was no preparation and prior deliberation. The reaction was as sudden as the provocation.None"Case is not covered by Exception 1 or 4 of Sec. 300. So the accused is guilty of murder.

11. Factual Situation: A, an army personnel, was posted in Kargil, a non-family station having difficult conditions, for the last one year. Now since normalization process had started, A wanted to go on ten days leave to attend his brother marriage. He pleaded fervently with his superior officer, B, to grant him ten days leave. But B was adamant and was not prepared to grant more than seven days leave. Frustrated by the refusal, A took out his service revolver and shot B at point blank range. A wants you to defend him. Give arguments in A's defence.
Issue: Whether the accused is guilty of murder.
Decision:

None"It is a culpable homicide, because the accused did in the heat of moment.It is neither murder nor culpable homicide.The case is not covered under grave and sudden provocation. The accused is guilty of murder. Mere refusal of leave is no ground to give some one power to kill some one.

12. Factual Situation: The accused armed himself with deadly weapons and secured himself on the terrace of a house, collected the opponents by beat of drum and threw out a challenge of fighting. Thereupon, the deceased used provocative language challenging the accused to come out of the house and fight. The accused did and killed the deceased.
Issue: Whether the accused is guilty of murder.
Decision:

The accused is guilty of grievous hurt.The accused is guilty of murder.None"The accused is guilty of culpable homicide.

13. Legal Principle: A person is said to 'cheat by personating' if he cheats by pretending to be some other person, or by knowingly substituting one person for another, representing that he or any other person is a person other than he or such other person really is. suit even two weeks after the appointed date. On his fourth visit to the tailor's shop, A forcibly removed the uncut suit length from the almirah, despite lot of resistance from the shop assistants.
Issue: What offence, if any, has been committed?
Decision:

A may have committed criminal trespass and assault, but not theft as what he did was not done dishonestly. See illustration (i) to Sec. 378.A is guilty of theft.A is not committed any offence as suit length belonged to him.None"

14. Factual Situation: In the past, there used be quarrel between the accused A and his deceased uncle D> On the date of occurrence, D approached A drunk and abused him in filthy language thus subjecting A to grave and sudden provocation. A reacted immediately with a stick that was in his hand and killed D. Whether A is guilty of murder?
Issue: Whether the accused is guilty of murder.
Decision:

Case is not covered by Exception 1 or 4 of Sec. 300. So the accused is guilty of murder.None"The case is covered by Exception 1 or 4 of Sec. 300. There was no preparation and prior deliberation. The reaction was as sudden as the provocation.It is neither murder nor culpable homicide.

15. Factual Situation: Certain sum of money is deposited in the library cash box by the students as late fee for the books kept beyond the prescribed time. Since no receipt is issued to the students for unascertained amount in the cash box, librarian A decides to utilize the collection for unauthorized beautification of the garden and his personal expenses.
Issue: What offence, if any, has been committed?
Decision:

He is liable for criminal breach of trust.As A dishonestly misappropriated the property that was entrusted to him, so he is liable for dishonest misappropriation.None"He didn't commit any offence as he made the best possible use of money.

16. Factual Situation: The accused husband took his wife to a forest and obtained her ornaments under threats to kill her. The ornaments were subsequently recovered from him.
Issue: What offence, if any, has been committed?
Decision:

The accused is guilty of offence of robbery.None"The accused is guilty of the offence of extortion, not robbery.The accused is not guilty, because he is the husband and he has equal rights over the ornaments.

17. Factual Situation: A, the school cashier, collects along with the fees an additional amount of ` 50 for the new building fund. Since there is no mention of such fund in the prospectus, the students pay ` 50 reluctantly and under confusion. However, after collection of the fund the cashier diverts part of it for the construction of his own house, which also has a temple, visited by the students during the examination days.
Issue: What offence, if any, has been committed?
Decision:

None"He is guilty of breach of trust.The cashier is guilty of criminal misappropriation.He is not guilty of any offence.

18. Factual Situation: X threatens Z that he will keep Z's child in wrongful confinement unless Z agrees to leave the village permanently and donate his entire property to a village temple. Z in order to avoid evil consequences of the threat agrees to do so.
Issue: What offence, if any, has been committed?
Decision:

X is guilty of criminal intimidation.X is guilty of extortion.None"There is no extortion, as there is no delivery of property by Z to X. However, X is guilty under Sec. 385 which punishes the very act of putting or attempting to put any person in fear of any injury for the above purpose.

19. Factual Situation: The residents of the adjoining slums were persistently using the park for defecation. On the order of the D.D.A. chairman, the park was fenced and electric current was run on the wires on the top. A trespassing slum dweller touched a live wire and was electrocuted. Can the chairman be held guilty for an offence under Sec. 304 A?
Issue: What offence, if any, has been committed?
Decision:

None"It is a case of judicial prerogative, of course.The D.D.A. chairman will be liable. There should be warning in some form about the electrical fencing of the park. This is more so because the slum-dwellers were in the habit of using the park for defecation.The chairman is not liable as he was discharging his public duties.

20. Factual Situation: A finds a ring belonging to Z on a table in the latter's house and puts the same under the carpet there with the intention of taking it afterwards. The ring still lies in the house of Z undetected. Later, A, by a change of mind, decides not to take the ring. Has he still committed any crime?
Issue: What offence, if any, has been committed?
Decision:

It is a case of criminal misappropriation.A at the time of first moving the ring commits theft, it does not matter that he later changes his mind.None"A is not guilty of theft as he had changed his mind.

21. Factual Situation: A customer went to the shop of a jeweler and handed over gold for manufacturing a gold ring for his wife and a week's time was fixed for delivery. After the expiry of one week, the jeweler refused to deliver the ring as well as gold. The jeweler was prosecuted for criminal breach of trust. The jeweler argued that it is a breach of contract.
Issue: What offence, if any, has been committed?
Decision:

It is a case of 'criminal breach of trust' and not a simple case of a breach of contract. The expression 'entrustment' includes all cases in which property is voluntarily handed over for a specific purpose and is dishonestly disposed of contrary to the terms on which possession has been handed over. The expression 'entrustment' carried with it the implication that the person handing over any property to another, continues to be its owner. Thus, the jeweller, by appropriating the gold to himself, is guilty of criminal breach of trust. If the jeweler has returned the gold but had failed to make the ring, then it would have been a case of a simple breach of contract.None"It is a breach of contract.It is no offence because there was no contract and there was no trust so it is not breach of trust or breach of contract.

22. Factual Situation: On A's reaching home after a long absence his wife confessed that she had developed intimacy with his friend and was carrying his child in her womb. A was shocked but did not display any external signs of his shock. However, he did neither eat nor drink anything nor talked to any one thereafter. Three hours after the incident, A drove his wife to her mother's house and left her there. From there he went to his friend's house and on his opening the door, shot him without any argument. Can A successfully plead grave and sudden provocation mitigation?
Issue: Whether the accused is guilty of murder.
Decision:

The accused is innocent.The accused is guilty of culpable homicide.The accused is guilty of murder because he can't take benefit of grave and sudden provocation because the provocation was grave but not sudden.None"

23. Factual Situation: A carrying a loaded gun stood quietly in a corner of a public place and was watching a dramatic performance. One of the actors, who was playing the part of a drunken dacoit, to enhance the effect of his acting approached A and grappled with him and in the course of the struggles the gun went off and the actor was killed. Is A guilty of a negligent act?
Issue: What offence, if any, has been committed?
Decision:

A is guilty of murder.A is guilty of negligent act.None"A is not guilty of a negligent act or causing death by a negligent act. 1. Legal Principle: 'Nothing is an offence which is done in the exercise of the right of private defence'. 2. Legal Principle: Culpable homicide is not murder if the offender, whilst deprived of power of self-control by sudden and grave provocation, causes the death of the person who gave the provocation (or of any other person by mistake or accident). 3. Legal Principle: 'Nothing is an offence which is done by a person who, at the time of doing it, by reason of unsoundness of mind, is incapable of knowing the nature of the act or that he is doing what is either wrong or contrary to law'. 4. Legal Principle: Nothing is an offence which is done by a person who is, or who by reason of a mistake of fact and not by reason of mistake of law, in good faith, believes himself to be bound by law to do it.

24. Factual Situation: A sought the aid of B with the intention of committing a theft of the property of B's master. B, with the knowledge and consent of his master, and for the purpose of procuring A's punishment, aided A in carrying out his object.
Issue: What offence, if any, has been committed?
Decision:

A is innocent.B is guilty of theft.As the property removed was so taken with the owner's knowledge, theft was not committed, but A was guilty of abetment of theft.A is guilty of theft.

25. Factual Situation: P, a police officer, arrested B and refused to accept bail until ` 500 was paid and released him only when the amount demanded was paid.
Issue: What offence, if any, has been committed?
Decision:

None"P is liable for misuse of his position.P is guilty of extortion.P is not guilty of extortion.

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About | Explore | User Guide | Topics | Subjects | Doubt Solver | Career Aptitude Test | Answers | Free Tools | OSHA Basics Quiz | What Should We Know?
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