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प्रश्न
Principle: Nothing is an offence if it is done in good faith for the purpose of preventing or avoiding greater harm or damage to person or property.
Facts: A jumps into a swimming pool to save a boy from drowning. While pulling the boy from water A was hit by C. A left the boy in the water and attacked C. The boy died in the water.
पर्याय
A has not committed the offence of killing the boy.
A has committed the offence of killing the boy.
The boy has committed the offence of suicide.
The boy has committed the offence of drowning.
उत्तर
A has not committed the offense of killing the boy.
Explanation:
A has not committed the offence of killing the boy. A was trying to save the boy from drowning. A was acting in good faith for the purpose of preventing or avoiding greater harm to the boy who was drowning and left him only for self - defence when hit by C.
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संबंधित प्रश्न
In this Question problem consists of a set of rules and facts. Apply the specified rules to the set of facts and answer the question. In answering the following question, you should not rely on any rule(s) except the rule(s) that are supplied for problem. Further, you should not assume any fact other than 'those stated in the problem. The aim is to test your ability to properly apply a rule to a given set of facts, even when the result is absurd or unacceptable for any other reason. It is not the aim to test any knowledge of law you may already possess.
Rules
A. A person is an employee of another if the mode and the manner in which he or she carries out his work is subject to control and supervision of the latter.
B. An employer is required to provide compensation to his or her employees for any injury caused by an accident arising in the course of employment. The words 'in the course of the employment' means in the course of the work which the employee is contracted to do and which is incidental to it.
Facts Messrs. ZafarAbidi and Co. (Company) manufactures bidis with the help of persons known as `pattadars'. The pattadars are supplied tobacco and leaves by the Company and are required to roll them into bidis and bring the bidis back to the Company. The pattadars are free to roll the bidis either in the factory or anywhere else they prefer. They are not bound to attend the factory for any fixed hours of work or for any fixed number of days. Neither are they required to roll up any fixed number of bidis. The Company verifies whether the bidis adhere to the specified instructions or not and pays the pattadars on the basis of the number of bidis that are found to be of right quality. Aashish Mathew is one of the pattadars of the Company. He was hit by a car just outside the precinct of the factory while he was heading to have lunch in a nearby foodstall. Aashish Mathew has applied for compensation from the Company. Select the statement that could be said to be most direct inference from specified facts:
Mark the best option:
Principle:
- If one threatens another to commit any act forbidden by the Indian Penal Code likely to harm anyone thereby causing him(one who is thus threatened) to enter into an agreement with anyone; the agreement thus entered into is void.
- An attempt to commit suicide is an act forbidden by the Indian Penal Code.
Facts: Gopaldas who is very fond of his nephew Jitendra, a bright law graduate; promises to gift him a plot of land if the latter joined his friend Atmaram’s law firm as an associate. Jitendra joins Atmaram’s firm but before Gopaldas could proceed, his elder son Akash who was in need of money threatened to commit suicide if Gopaldas did not sell the plot of land. Gopaldas entered into an agreement to sell the plot of land and gave the money he received as advance; to Akash.
Under the Indian Penal Code, abetment is constituted :
Public servant denotes a person under the followings
Wrongful gain' means
'Fraudulently' has been defined as doing anything with intent to defraud
The following is a document
A handed over ₹5,000 to her neighbour B, who was an employee of a bank, and asked him to deposit the money in her account, instead of doing so, B spent the money. A sues the bank for damages.
Principle: When a criminal act is done by one person in furtherance of the common intention of himself and some other persons, each of such person is liable for the act in the same manner as if it were done by each one of them.
A B and C decided to commit burglary. They broke into a locked house. However, before they had finished their work, a domestic servant appeared from the out-house and started shouting. A B and C left the house and started running away. They were pursued by a small crowd. A, on being caught by X, one of the persons pursuing them, stabbed him and ran away. By the time B and C had disappeared. X died on account of the stab wounds. Later, the police arrested all three. They were charged for attempted burglary and murder of X.
The question consists of legal propositions/ principles (hereinafter referred to as 'principle') and facts. These principles have to be applied to the given facts to arrive at the most reasonable conclusion.
Principle: When an act which would otherwise be a certain offence, is not that offence, by reason of the youth, the want of maturity of understanding, the unsoundness of mind or the intoxication of the person doing that act, or by reason of any misconception on the part of that person, every person has the same right of private defence against that act which he would have if the act were that offence.
Facts: 'X', under the influence of madness, attempts to kill 'Y'.
