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Question
The principle is to be applied to the given facts and to choose the most appropriate option:
Principle: When a person falsifies something with the intent to deceive another person or entity is forgery and is a criminal act. Changing or adding the signature on a document, deleting it, using or possessing false writing is also considered forgery. In the case of writing/painting to fall under the definition, the material included must have been fabricated or altered significantly in order to represent something it is actually no.
Facts: David made a living travelling from city to city, selling paintings that he claimed were done by great artists. Since the artists’ signatures were in place, many people fell for them and purchased the paintings. One of these artists saw three of his alleged paintings in a City gallery containing his name. He knew these were not his works and he complained to the police. Police traced David and initiated legal proceedings. Is David guilty of any offence?
Options
There is no point in taking legal action against David as the signature has not done any alteration to the artwork.
David is guilty of forgery as the addition of the signature was with an intention to make people believe that those were the paintings of the great artists.
Those who buy the art pieces from David ought to have been careful in checking it and ensuring that they were originals before purchasing it.
David is not guilty of any offence as he was selling the art pieces for his living.
Solution
David is guilty of forgery as the addition of the signature was with an intention to make people believe that those were the paintings of the great artists.
Explanation:
According to Section 468 of the Indian Penal Code, an individual committing forgery on a document for the purpose of cheating will be held guilty.
In this question, David sold fake paintings by forging the signatures of great artists with the purpose of cheating customers. He will be held guilty for the same. (Dinesh Chandra vs State Of U.P. And Others on 7 March, 2011).
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Direction : The passage given below is followed by a set of questions. Choose the most appropriate answer to each question.
Juvenile delinquency is defined as "the habitual committing of criminal acts or offences by a young person, especially one below the age at which ordinary criminal prosecution is possible." These acts are committed mostly by teenagers, cumulative in today's civilization, which is a very concerning matter and cannot be snubbed. The more concerning matter is that generations of youth are believed to be the future of the world. Their behavior shows how tomorrow's future will be.
Juvenile delinquency has become a major problem, and only by addressing the basics can it be tackled. Attention towards co-curricular activities should be given to mold the child in the right and engaging way. The more he is forced to obey rules at school, diktats at home, mores of the society, the more he will escape to criminal acts in order to vent out his frustration. Forcing him will only make him hate it all. Hence, the approach should be to make exercises of discipline, etiquette, and moral sense interesting. This is where cocurricular activities come into play.
Juvenile offenders have the same set of constitutional guarantees as an adult, such as a fair trial. But very often, adult offenders are able to secure bail faster than a juvenile offender. Merely because the juvenile is not punished, it can in no way take away his/her constitutional guarantees of liberty. The only difference is that, unlike adult offenders, the state must protect, and ultimately rehabilitate, juvenile offenders. But protection cannot become custody. Also, the statute stresses on privacy as a right for the juvenile offender. But in the garb of privacy, there is very little effort for scrutiny and transparency in the process. The statute focuses on necessary infrastructure with significant involvement of informal systems, specifically the family, voluntary organizations, and the community, to provide a system separate from the criminal justice system. For this to become a reality, we must build effective linkages between districts and states, among various government agencies in association with child rights groups, along with effective legal services for the children and their families. Otherwise, juvenile justice will become a poor copy of the criminal justice system, only hardening the children caught in it.
Therefore, the Juvenile Justice law should address the issues relating to children alleged and found to be in conflict with law and children in need of care and protection by catering to their basic needs through proper care, protection, development, treatment, social re-integration, by adopting a child-friendly approach in the adjudication and disposal of matters in the best interest of children and for their rehabilitation through processes provided, and institutions and bodies established.
With reference to the above passage, which of the following will be effective in tackling the problems associated with juvenile delinquency?
1. Providing bails easily for the minor offender
2. Giving the minor offender a proper right to privacy
3. Providing services which are parallel to the criminal justice system
4. Making sure that the offender is not unnecessarily imprisoned.
What punishment may be awarded to the person, whose act is covered under general exceptions?
A instigates B to give false evidence here if B does not give false evidence what offence A has committed?
Under the Indian Penal Code, abetment is constituted :
The Indian penal code 1860 extends to
Court of justice defined in sec_____ IPC
The effect caused partly by act and partly by an omission is
Answer the question which follows from the application of the undermentioned legal principle:
LEGAL PRINCIPLE: Nothing is an offence which is done in the exercise of right of private defence. This right also extends to lawfully causing the death of the assailant, if the offence which occasions the exercise of the right of private defence, be
(i) An assault which reasonably causes the apprehension of death or grievous hurt (Very serious hurt)
(ii) An assault which causes reasonable apprehension of rape
(iii) An assault which causes reasonable apprehension of kidnapping This right is available for protecting one’s own body, as well as the body of any other, provided the assault is not self-invited.
Decide whether the right of private defence is available in the following situations.
FACTUAL SITUATION:
A was holding the birthday party of his daughter. Some of his friends decided to present her with a car. To create an element of surprises, they decided to kidnap her for a few minutes while the party was in full swing and then get her back in the new car. They put the plan into action. While they were kidnapping, A got very alarmed and asked the guards to open fire. The guards killed all the five friends. A is
Which of the following is not true about a criminal proceeding?
The question contains some basic principles and fact situations in which these basic principles have to be applied. You have to select the best option.
Principle: Whoever does any act so rashly or negligently as to endanger human life or the personal safety of others is said to have committed an offense.
Facts: Mr. Mangeskar owns a Yamaha motorcycle which has very good pick up and speed. He is studying in the IV semester of Mechanical Engineering degree course. One day it was getting late for college as he woke up late in the morning. He got ready and was rushing to college so that he would not miss the class. He was riding the motor cycle at a speed of 140 km per hour in Bangalore city which was crowded. He was very good in riding the motorcycle. People who were using the road got annoyed/ scared with the way Mr. Mangeskar was riding the motorcycle.
