UPSC

5302. If a person goes with a gun to kill another:

A. The intended victim as well as that person has the right of P.D..
B. The intended victim has the right of private defence.
C. That other person has the right of P.D.
D. Neither intended victim nor that person is entitled to the right of P.D.
✅ The correct answer is option B.

5304. 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.

5306. 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.

5310. Give correct response. A is in a house which is on fire, with Z, a child. People below hold out a blanket, A drops the child from the house top, knowing it to be likely that the fall may kill the child, but not intending to kill the child, and intending in good faith the child’s benefit. The child is killed by fall, Held that :

A. A is liable because he knew or had reasons to believe that fall was very likely to result in the death of the child.
B. A is liable because A’s act cannot be said to have been done in good faith in as much as he kne that the boy was very likely to be killed by such fall, even then he did not take precautions to save him.
C. A has committed no offence, because A dropped the child to save him from being killed by fire, the act being done in good faith and intending child’s benefit without any intention to harm him.
D. A is not liable because he had no intention to kill and no person can be held liable for homicide in absence of such intention.
✅ The correct answer is option C.
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