Advertisements
Advertisements
Question
Read the definition and elements of the attempt, apply them on the given fact situations and answer the question:
Definition of Attempt: Lord Blackburn has said that "there is no doubt that there is difference between a preparation antecedent to an attempt and the actual attempt, but if the actual transaction has commenced which would have ended in the crime if not interrupted, there is clearly an attempt to commit the crime."
1. Fault element· Intention or knowledge requisite for committing an offense: and
2. Conduct Element: does any act towards its commission and has crossed the stage of preparation. This act is so closely connected with and proximate to the commission that it falls in object because of facts not known to him or because of circumstances beyond his control.
'SINY' with an intention to pick-pocket puts his hand into MlNU's pocket. MINU had a Joaded pistol in his pocket The thief touches the pistol and trigger goes on, whereby MINU is shot dead.
Options
SINY will be liable only for attempting to pick-pocket and not for killing because she cannot be treated differently from all other pick-pockets who steal under exactly similar circumstances and same intention, with no r1skof causing death and with no greater care to avoid it.
SINY will be liable for attempting to murder
SINY will be liable for culpable homicide not amounting to murder as his intention was definitely not to kill
None of the above
Solution
SINY will be liable only for attempting to pick-pocket and not for killing because she cannot be treated differently from all other pick-pockets who steal under exactly similar circumstances and same intention, with no r1skof causing death and with no greater care to avoid it.
APPEARS IN
RELATED QUESTIONS
The Rule of Law means
The question consists of two statements, one labelled as principle and other as Fact. You are to exa.mine the principle and apply it to the given facts carefully and select the best option.
PRINCIPLE: Everybody is under a legal obligation to take reasonable care to avoid an act or omission which he can foresee would injure his neighbor. The neighbor for this purpose is any person whom he should have in his mind as likely t0 be affected by his act.
FACT: Krishnan. while driving a car at high speed on a crowded road, knocked down a cyclist. The cyclist died on the spot with a lot of blood spilling around, Lakshmi, a pregnant "NOman passing by, suffered from a nervous shock, leading to abortion. Lakshmi filed a suit against Krishnan claiming damages.
Read the definition and elements of the attempt, apply them on the given fact situations and answer the question:
Definition of Attempt: Lord Blackburn has said that "there is no doubt that there is difference between a preparation antecedent to an attempt and the actual attempt, but if the actual transaction has commenced which would have ended in the crime if not interrupted, there is clearly an attempt to commit the crime."
1. Fault element· Intention or knowledge requisite for committing an offense: and
2. Conduct Element: does any act towards its commission and has crossed the stage of preparation. This act is so closely connected with and proximate to the commission that it falls in object because of facts not known to him or because of circumstances beyond his control.
'JAM' denied food to his wife JANE for several days by keeping her confined in a room with an intention to accelerate her death. JANE ultimately managed to escape.
Legal phrase is followed by four meanings. Choose the most appropriate option:
Lex loci
Mark the best option:
Joint heirs to a property are called -
Mark the best option:
A nominal sum is given as a token, that the parties are eager about concluding the sale is called
Mark the best option:
Who is a consumer under the Consumer Protection Act?
Mark the best option:
Forum non-convenience means –
Indian Design Act enacted in
As per the Payment of Wages Act, if the employment of any employee is terminated his pending wages must be paid in ______ working days from the date of termination
