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Question with Answer CLAT Law
Q1. 'A' by cutting the mooring of a boat in which a man and a women were sitting, caused in them a fear for life. He is liable for
- Criminal use of force.
- Assault.
- Mischief.
- None of these.
Answer: A
Q2. In Criminal Law, intention is an essential constituent of an offence. In law of 'torts
- Intention is relevant.
- Intention is irrelevant.
- Intention is relevant only in some torts.
- None of these.
Answer: C
Q3. You send your servant with a typewriter to be delivered to your friend. The servant takes the typewriter home and uses it over a period of time. You discovered this a for night later and report him for
- Cheating
- Embezzlement
- Fraud
- Forgery
Answer: B
- 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 reasonably apprehension of rape.
(iii) an assault which causes reasonably 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 invited. Decide whether the right of private defence is available in the following situations.
FACTS: 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 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 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.
Ans. (d)
Q5. Sometimes an accused seeks pardon from the court and offers to give evidence against all others involved in a crime. He is called..............
- witness
- clone
- approver
- accomplice
Answer: C
Q6. Culpable homicide means causing death
- With the intention of causing death.
- With the intention of causing such bodily injury as is likely to cause death.
- With the knowledge that by such act death is likely to be caused.
- All the above
Answer: D
Q7. X takes away a girl out of the custody of her lawful guardians. Which of the following statements is a complete defence if X is charged under section 361 of the Indian penal Code for kidnapping on the ground that the girl was below the age of eighteen years when taken away?
- The girl was a student in a collage and could understand what was right or wrong for her.
- The girl was maltreated in a collage by the guardians and X promised her a better life.
- The girl looked more than 18 years of age and the accused had satisfied himself that she was more than 18 years of age.(d) None of these
Answer: D
Q8. PRINCIPLE: An assault is an attempt to do a corporeal hurt another, coupled with an apparent present ability and intension to do that act. A battery is the intentional and direct application of any physical force to the person of another. A was sitting on a chair reading a book. His friend, B decided to play a practical joke on him. Accordingly, he pulled the chair from under him, as a result of which A landed on the floor.
- B's act amounts to a battery.
- B's act amounts to an assault.
- B's act amounts to an assault till the time A lands on the floor.
- B's act amounts to neither because there was no intention.
Answer: D
Q9. PRINCIPLE: False imprisonment is a total restraint of the liberty of a person, for how so ever short period of time, without lawful excuse. A was driving down a road heading to her house. As she reached close to her house, she found that a few people led by B, protesting against an unfair law had blocked the road. There was no alternate road to her house and hence she was stuck there for around 5 minutes.
- B and his group are liable for having falsely imprisoned A.
- B and his group are not liable for falsely imprisoning A, since they were exercising their right to protest.
- B and his group are not liable for falsely imprisoning A, since they did not totally restrain the liberty of A.
- B and his group are not liable for falsely imprisoning A, since 5 minutes is too short a time.
Answer: C
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.
Ans. (b)
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