CLAT - Legal Aptitude - Criminal Law

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Question - 1

Legal Principle: Theft occurs when a person dishonestly takes any movable property out of the possession of any person without that person's consent.
Factual Situation: Keshav finds Manu's cattle roaming an the streets and takes them home to prevent them from being run over by vehicles. Manu does not find his cattle and makes a complaint to the police reporting them to be missing.

  • A Keshav is guilty of theft as he did not inform Manu as to the whereabouts of his cattle
  • B Keshav is not guilty of theft since the cattle were not in Manu's possession
  • C Keshav is not guilty of theft since cattle are not property
  • D Keshav is not guilty of theft as there was no dishonest intention on his part

Question - 2

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 situation:
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 surprise, 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

  • A not protected
  • B protected because he did not kill, the guards did
  • C not protected because Ns own body was not involved
  • D protected because to any ordinary person there would have appeared a reasonable apprehension of kidnapping

Question - 3

Principle: Whoever enters into or upon the property in the possession of another with the intent to commit an offence or to intimidate, insult or annoy any person in possession of such property or having lawfully entered into or upon such property, unlawfully remains there with an intent to intimidate, insult or annoy any such person, or with the intent to commit an offence commits criminal trespass.
Factual Situation: A went to Delhi Law College to participate in a competition. After participating in the competition, A hid inside the campus so that he could steal a few books from the library.

  • A A has committed theft
  • B A has committed criminal trespass
  • C A has not committed criminal trespass, because he entered with permission
  • D A has not committed any offence

Question - 4

Principle: Theft is robbery if in order to committing of the theft, or in committing the theft, or in carrying away or attempting to carry away property obtained by theft, the offender, for that end, voluntarily causes or attempts to cause to any person death or hurt or fear of instant death or instant hurt.
Factual Situation: A entered B's house and was taking away her wallet and leaving the house, when he encountered B. He dropped the wallet, but shot her while escaping.

  • A A has committed robbery
  • B A has committed theft, but not robbery
  • C A has neither committed theft, nor robbery
  • D A has committed both theft and robbery

Question - 5

Principle: Whoever with the intent to cause, or knowing that he is likely to cause, wrongful loss or damage to the public or to any person, causes the destruction of property, or any such change in any property or in the situation thereof as destroys or diminishes its value or utility, or affects it injuriously, commits mischief.
Factual Situation: A entered B's house to take away her TV. When he was carrying the TV out of the house, he encountered B near the door. He left the TV behind and ran away.

  • A A has committed theft
  • B A has committed robbery
  • C A has committed both theft and robbery
  • D A has neither committed theft nor robbery

Question - 6

Principle: Whoever intentionally puts any person in fear of any injury to that person, or to any other, and thereby dishonestly induces that person so put in fear to deliver to any person any property, commits extortion.
Factual Situation: A entered B's house, caught hold of B's daughter C and threatened to stab her if A did not give him Rs.10.000 immediately. B did so. A is prosecuted for extortion.

  • A A has committed theft, not extortion
  • B A has committed extortion
  • C A has committed both theft and extortion
  • D A has not committed any offence

Question - 7

Principle: Whoever intending to take dishonestly (with an intention to cause wrongful loss to another or wrongful gain to himself) any movable property without that person's consent, moves that property in order to such taking, is said to commit theft.
Factual Situation: A had lent his watch to B for a period of a month. Two days after he had done so, he walked into B's office to find the watch on B's table. He decided to take the watch back. A was prosecuted for theft.

  • A A is not guilty of the offence since he owned the watch
  • B A is not guilty of the offence since he was not doing the act dishonestly
  • C A is guilty of the offence since he caused wrongful loss to B
  • D A is not guilty of the offence since he had lent the watch to B only for a short period of time

Question - 8

A was arrested by the police for committing an offence and was subsequently granted bail by the court. One of the conditions imposed by the court for granting bail was that A arrange for a surety for Rs.50,000. A approached B to be a surety. B agreed, but insisted that they enter into a contract whereby A would deposit Rs.50,000 into B's account, which would be returned to A by B after the case was over.

  • A The contract would be void since its effect is to defeat the provisions of the Cr.P.C.
  • B The contract would be void because A cannot enter into a contract when a criminal case is going on against him
  • C The contract would be void because the court is not a party to it
  • D The contract would be valid

Question - 9

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.
Factual Situation: A, Band 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, Band 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, A stabbed him and ran away. By the time Band C had disappeared.
X died on account of the stab wounds. Later, the police arrested all the three. They were charged for attempted burglary and murder of X.

  • A Along with A, the person who stabbed X, Band C are also guilty of murder because A stabbed X in furtherance of a common intention.
  • B Along with A, Band C are also guilty of murder because A, at the time of stabbing X, was acting on behalf of Band C and he wanted to save not only himself but Band C as well
  • C alone is guilty of murder because though there was common intention to commit the offence of burglary, there was no common intention to commit the offence of murder
  • D None of the above

Question - 10

A was suspected of having committed the murder of B. C, a policeman who was investigating into B's murder, saw A in a market. He went up to him, caught hold of his hand and prevented him from going anywhere.

  • A C is liable for having falsely imprisoned A, since to arrest a person, a policeman requires permission from a magistrate
  • B C is not liable for having falsely imprisoned A, since for the offence of murder, a policeman need not take the permission of a magistrate to arrest
  • C C is not liable for having falsely imprisoned A since the restraint was not total
  • D C is not liable for having falsely imprisoned A since he did not take him to a prison
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