Author name: Admin

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.

169. Give correct response. A married girl, Sudha aged about 10 years slept in the night with her mother-in-law. Her husband Vinay aged about 19 years slept with his brother in another hut but in the same homestead. In the early hours of the fateful day the mother-in-law woke Sudha and told her to go about her household duties. Shortly after this Sudha was seen running out of the house and her husband was found mortally wounded on the neck by her. She was hiding herself in a field and could be found only in the afternoon.

A. Sudha was doli capax as it could be inferred from the case, therefore, she was liable unless proved to be doli incapax.
B. Sudha was doli incapax being below 12 years and was not liable.
C. The circumstances in which murder was committed and the conduct of Sudha were not so as to lead to an inference beyond reasonable doubt that she was guilty.
D. Sudha was not liable because a child below 12 years of age is absolutely immune from liability because of her immature age.
✅ The correct answer is option A.

171. Point out incorrect response. The following are the ingredients of section 83 I.P. Code.

A. An act done by a child above 7 years but under 12 years of age.
B. A child of above 7 but below 12 years is in India presumed to be doli incapax, therefore, the prosecution has to establish that he was doli capax.
C. The child must not have attained sufficient maturity of understanding to judge of the nature and consequences of his conduct.
D. Incapacity must exist at the time of commission of the act.
✅ The correct answer is option A.

144. Give correct response. A, the accused who professed to be a snake-charmer, persuaded D, the deceased to be bitten by a poisonous snake, by inducing him to believe that he has power to protect him from harm :

A. A was liable because he obtained D’s consent deceptively and fraudulently knowing if fully well that he would not be able to cure the deceased.
B. A was not liable because death was caused by snake biting with the consent of D, the deceased.
C. A was not liable because he did not induce D to give his consent, A only represented that he would be able to cure and D volunteered to be bitten by snake on his own.
D. A was liable because the consent was not a valid one as it was given under a misconception of fact i.e., in the belief that accused had power by charms to cure snake bites and the accused knew that the consent was given inconsequence of such misconception.
✅ The correct answer is option D.

145. Give correct response. A, a surgeon knowing that a particular operation is likely to cause the death of Z, who suffers under the painful complaint but not intending to cause Z’s death and intending in good faith Z’s benefit performs that operation on Z with Z’s Consent :

A. A would not be liable because Z consented to the performing of the operation and Z must be presumed to be aware with the evil consequences of it.
B. A would be liable because he knew that the operation was dangerous and was likely to cause death.
C. A would not be liable for any offence because the death was caused while performing an operation which act was done with the consent of Z, in good faith, for his benefit and without any intention to cause death.
D. A would be liable because operation though claimed to be performed in good faith and with Z’s consent was performed by obtaining Z’s consent unlawfully. Z’s consent was not a free consent.
✅ The correct answer is option C.