Q.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 on 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
Answer: a
Q.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 as- salient, 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 pres¬ent 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 A's own body was not involved
d) protected because to any ordinary person there would have appeared a reasonable apprehension of kidnapping
Answer: d
Q.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 law- fully 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
Answer: b
Q.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 tak¬ing 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
Answer: a
Q.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
Answer: a
