Author name: Admin

153. Point out incorrect response. The following cases are covered by the exception from criminal liability as contained in section 89 I.P.C. :

A. A, in good faith, for his child’s benefit, has his child cut for the stone by a surgeon knowing it to be likely that the operation will cause the child’s death but not intending to cause the child’s death.
B. A, in good faith, for his child’s pecuniary benefit emasculates his child.
C. A confines his child for its benefit.
D. A whips his child moderately for the child’s benefit
✅ The correct answer is option B.

155. Give incorrect response. In order to avail the defence of section 88 I.P.C. :

A. Act must be done in good faith and without ay intention to cause death or to cause any harm as may result in death.
B. Act must be done with the consent of the sufferer whether consent is express or implied.
C. Act must be done in good faith and without intention to cause death though it might have been done with the intention such harm as may result in death.
D. The act done must be for the benefit of the person who suffers injury.
✅ The correct answer is option A.

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.

146. Give correct response. A girl of 13 years while going to the market passed through the gate of a mill where B was the only watchman on duty. B in a bid to commit rape caught the girl. She struggled but the accused shut her mouth and pressed the thumb of the other hand on her throat to prevent her from screaming. The girl died. The accused was tried for murder. B pleaded intoxication in his defence. It was held that :

A. B was not liable for murder because he never intended to commit murder but intended only to commit rape.
B. B was not liable because he was so deeply drunk that he was unable to know that what he was doing was either wrong or contrary to law.
C. B was liable for murder because the capacity of the mind of the accused to form the criminal intent which murder involves was to be explored in relation to the ravishment and not in relation to the violent acts which gave effect to the ravishment.
D. B was liable for murder because he was voluntarily drunk and voluntary drunkenness is no defence to a charge of murder.
✅ The correct answer is option C.

147. Give correct response. A was charged with the murder of a boy aged 15 or 16 years who had accompanied him to a wedding party. A was drunk at the time he fired the fatal shot, when he asked the boy to step aside to enable him to occupy a convenient seat but the boy did not move. In this case it was held that :

A. A would be liable because he was voluntarily drunk and voluntary drunkenness is never a defence.
B. A would not be liable and would be entitled to the defence of intoxication.
C. A would be liable because the rule is that we must attribute to the intoxicated person the same knowledge as if he was quite sober, but so far as the intent is concerned we must gather it from the attending circumstances of the case with due regard to the degree of the intoxication.
D. A would not be liable because his mental faculties were so much affected by intoxicating drink that he was unable to know the nature of the act.
✅ The correct answer is option C.