Indian Penal Code (IPC 1860)

181. Give correct response. A, B and C three adults and D a boy were on a voyage in an open boat. They had no food after about 18 years of journey. C proposed to B and A to sacrifice the boy so that they may feed upon ut B did not agree. On 20th day C with the consent of A only killed the boy and all the three fed upon the boy for four days when they were picked up. It was found that the boy was in a weaker condition and was likely to die before others and also if the men would not have fed upon the boy, hey would not have survived. Held that:

A. A, B and C would be liable for murder of the boy because self-preservations not an absolute necessity and there can be no necessity that justifies homicide.
B. A, B, and C were not liable for murder of the boy because Sec.81 of the Penal Code justifies causing of lesser evil in order to avoid greater evil.
C. A, B and C were not liable for murder of the boy because to preserve one’s life is generally speaking a duty and in the present case there was no other way of saving the life of all the three except that some one was killed to save others from death by starvation.
D. A, B and C would not be liable because, the rule that a necessity can never be a defence to a charge of homicide is not conclusive and justifies homicide in self-defence.
✅ The correct answer is option A.

182. Give correct response. A, in a great fire, pulls down B’s house in order to prevent the conflagration from spreading. He does this without the intention, in good faith, to saving human life or property. In this case :

A. A would be liable because no amount of necessity can justify causing of harm to innocent parties.
B. A would be liable for causing harm day doing mischief to B and will not succeed in his defence of necessity.
C. A would not be liable because he had no intention to cause harm to B’s property but to save it from being damaged by fire.
D. A would not be liable because he has pulled down B’s house in order to prevent the conflagration from spreading i.e. the act was done in good faith for the purpose of avoiding greater harm to person or property : the rule is that causing of lesser evil is justified to avoid greater evil.
✅ The correct answer is option D.

183. Give the correct response

A. In England a child under 14 cannot be convicted of rape.
B. In India a child of 12 years can be convicted of rape.
C. Both (a) and (b).
D. None of the above.
✅ The correct answer is option C.

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.
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