Author name: Admin

184. Give correct response. A, the accused was beating B with his fists, when the latter’s wife with a baby on her shoulder interfered. A hit the woman but the blow struck the child on his head resulting in death. Held :

A. A was not liable for causing death of the child because he intended to hit the woman, and the blow unfortunately fell upon the child.
B. A was not liable for child’s death because he never intended to kill the child who was hit only by accident.
C. A was liable for causing death of the child because he intended to hit the woman and did not act in good faith knowing it fully well that she was having her baby on her shoulder.
D. No doubt the child was hit by accident but the act of A was not a lawful act being done in lawful manner by lawful means, therefore, he would be liable.
✅ The correct answer is option D.

185. Give best response. A voted before he has attained the age of majority prescribed for exercising the right of franchise, believing that he was of age. Here:

A. A has violated the election law and cannot plead mistake in his defence.
B. A has committed no offence, he can plead mistake of fact in his defence as he believed in good faith to be of age.
C. Ignorance of law is no excuse; ignorance of fact only is an excuse. A is liable because he has committed mistake of law.
D. Since A was a minor not having attained the age of majority he can plead the defence under section 83 of the Penal Code.
✅ The correct answer is option B.

186. Give incorrect response. The defence of necessity will be available in the following cases :

A. Browning was charged with reckless driving. He pleaded that he was trying to escape serious injury and illegal arrest by police officers who wished to ambush him.
B. A placed poison in his toddy pots knowing that if taken by a human being it would cause injury, but with the intention of thereby detecting an unknown thief who was in the habit of stealing the toddy from his pots. The toddy was drunk by soldier who purchased it from an unknown vendor.
C. A, a bargeman threw the goods of the plaintiff out of a barge in order to lighten it in a storm and for the safety of the passengers. It was found that the bargeman had overloaded the barge.
D. A sees a tiger attacking B and he feels sure that the tiger will be on him within a minute. A shoots the tiger fully knowing that B and the tiger are so close that he might kill B and not the tiger. A thus kills B.
✅ The correct answer is option B.

187. Point out incorrect response. The following are ingredients of the defence of necessity under section 81 of the Penal Code :

A. The act constituting the offence is known by the wrongdoer to be 29 likely to cause harm, but it is done without any criminal intention to cause harm.
B. The act must have been done in good faith.
C. The act must have been done for the purpose of preventing or avoiding other harm to person or property.
D. The act must be one done neither with the intention to cause harm nor with the knowledge to cause harm.
✅ The correct answer is option D.

163. Give the correct response:

A. Medical insanity and legal insanity under Sec. 84 are different.
B. Medical, insanity and legal insanity under Sec. 84 are same thing.
C. Legal insanity under Se. 84 meant the person’s consciousness of the bearing of his acts on those affected by it.
D. Both (b) and (c).
✅ The correct answer is option C.