Deck 13: Legal and Ethical Dilemmas in Various Criminal Offenses

Question 1

Give most correct response. Z, a patient dies while under operation by a Doctor, who, after the death of the patient, removes his liver, for transplantation to another patient without the knowledge and consent of the deceased's wife. She lodges a complaint.

A)The Doctor will be guilty of the offence of theft, because he has taken the lever of the deceased which is a movable property without the consent of his wife.
B)The Doctor will not be liable for any offence because he has removed the liver for the benefit of another patient and Z was already dead at that time.
C)The Doctor will not be liable for theft because human corpse is not a movable property for the purposes of section 379 I.P.C.
D)The Doctor will be liable for causing indignity to human corpse by taking out the liver without the consent of deceased's wife because he must have known that her feelings would be wounded.

Answer 1

The Doctor will be liable for causing indignity to human corpse by taking out the liver without the consent of deceased's wife because he must have known that her feelings would be wounded.

Question 2

Give incorrect response. The following are the ingredients of the offence of wrongful restraint under section 339 I.P.C.

A)The obstruction must be such as to prevent that person from proceeding in any direction.
B)The obstruction must be from proceeding beyond certain circumscribing limits.
C)Voluntary obstruction of a person.
D)The person obstructed must have a right to proceed in that direction.

Answer 2

The obstruction must be from proceeding beyond certain circumscribing limits.

Question 3

Point out incorrect response. The following are some of the illustrations of wrongful restraint :

A)A removes a ladder and thereby detains B on the roof of a house.
B)A locks the dwelling house of B in the absence of the inhabitants of the house.
C)A makes a bus, which he was driving, to stand along the road in a manner so as to obstruct another bus from proceeding.
D)A puts a lock to a let house used as a shop in assertion of his right as a joint owner of the shop.

Answer 3

A puts a lock to a let house used as a shop in assertion of his right as a joint owner of the shop.

Question 4

Point out incorrect response. The following are ingredients of the offence of wrongful confinement under section 340 I.P.C.

A)Restraint may be partial or total.
B)Wrongful restraint of a person.
C)A prison must have its boundary, large or narrow, visible or tangible, real or imaginary, movable or fixed.
D)Such restraint must prevent that person from proceeding beyond certain circumscribing limits.

Question 5

Point out incorrect response. The following are illustrations of wrongful confinement :

A)A, a jail Doctor confines B, a prisoner in a cell within the jail for the purpose of administering injection against his will.
B)A, threatens B to set a savage dog if he goes along a path along which he has a right to go and causes B to think that the dog set is savage and hence it is dangerous to proceed.
C)A compels B to move in a particular direction by force of exterior will, suppression his own voluntary action.
D)A kept a woman W in a brothel under strict vigilance over her movements.

Question 6

Point out incorrect response. The following are the ingredients of the offence of kidnapping from lawful guardianship :

A)The taking or enticing must be out of the keeping of the lawful guardian of such minor or person of unsound mind.
B)The object of such taking or enticing must be with an intention to commit an offence.
C)Taking or enticing away a minor or a person of unsound mind. Such minor must be, if a male, below 16 years and if a female, below 18 years of age.
D)Such taking or enticing must be without the consent of such guardian.

Question 7

Give correct response. A was going in his car from Sector 17 to Panjab University. B requests for a lift in his car upto Sector 15 which was in a midway. A agrees to his request but instead of dropping her at Sector 15 inspite of her repeated requests, drives her to the University. What offence, if any, is committed by A.

A)A is liable for wrongfully restraining B.
B)A is liable for wrongfully confining B.
C)A is liable for kidnapping B.
D)A is liable for abducting B.

Question 8

When there was no exchange of blows not any attack from the side of deceased, the accused attacked the deceased with an axe causing his death

A)Accused case fall within the exception.
B)Does not because deceased was unarmed.
C)Does not fall as there was no fight.
D)Accused is guilty of criminal assault. A gave several below to B a woman who was pregnant.

Question 9

Which one of the following is NOT an essential elements of the offence of extortion?

A)Intentionally putting a person in a state of fear of injury of himself or to another
B)The property must always be a movable property
C)The property is delivered to the extortioner as a means of avoiding injury
D)Dishonestly putting a person in a state of fear of injury to him to deliver property of valuable security to another person

Question 10

The watch of X had been stolen. One day he finds it tied on the wrist of Y. In this context which one of the following statements is correct?

A)X has a right of self-defence.
B)X has a right of private defence of property to recover the watch from Y even by use of force.
C)X's right of private defence of property had come to an end.
D)X's right of private defence of property revives as soon as he sees his watch in Y's possession.

Question 11

B takes a gold ring of A out of A's possession without A's consent with the intention of keeping it till a gives B some money for its restoration to a. B is guilty of:

A)Cheating
B)Criminal breach of trust
C)Criminal misappropriation of property.
D)Theft.

Question 12

X dishonestly took away a jewellery box from Y's possession. While he was proceeding towards his home he found that he was being followed by Y. he abandoned the box and threw stones at Y to deter him from continuing the pursuit. X has committed:

A)No offence
B)Extortion
C)Theft
D)Robbery.

Question 13

X sends through his servant a typewriter to be delivered to Y, his friend. The servant takes the typewriter and uses it over a period of time. The servant to guilty of:

A)Extortion
B)Theft
C)Criminal misappropriation of property.
D)Criminal breach of that.

Question 14

R takes a loan from M on the security of his bike. But when M was away. R took away the vehicle. The loan was not repaid. R is guilty of:

A)No offence as the bike belonged to him
B)No offence as what he owes is some money that could be repaid.
C)Theft as he takes away the vehicle from the possession of M with dishonest intention.
D)Dishonest misappropriation of property as he had no right to appropriate the property.

Question 15

X, a rich person residing at Kochi, sends Rs. 50,000/- to his agent at Chennai with a direction that the money be given equal to two poor students A and B who are studying in the Engineering College over there. Instead of doing so, the agent gives the money equally to two other very poor deserving students. The agent has committed:

A)Criminal breach of trust.
B)No offence
C)Cheating
D)Criminal misappropriation of property.

Question 16

A is the executor of a will of a deceased person. As per the will, the property of the deceased is to be divided equally between X and Y. Instead of doing so, A dishonestly divides the property of the deceased equally between Y and Z. A is guilty of:

A)No offence
B)Cheating
C)Criminal breach of trust
D)Criminal misappropriation of property.

Question 17

A sets fire to a house to scare away the occupants. But the whole house was gutted and two occupants died. When charged with murder of two persons. A defended saying that he has no intention to cause death. This was accepted by the Court. The Court's ruling can be said to be:

A)Wrong; because A had intention to cause fire which was likely to cause death of the occupants.
B)Wrong; because A had intention to cause fire which in all probability would have caused death
C)Right; because A had no intention to cause death.
D)Wrong; because A had intention to cause fire which was inherently dangerous.

Question 18

A lady wishing to get a railway ticket, finding a crowd at the ticket window at the station, asked X, who was near the window, to get a ticket for her and handed him over the money for the same. X took the money and instead of getting the ticket run away with the money. What offence has been committed by X?

A)No offence
B)Offence of criminal breach of trust.
C)Offence of criminal misappropriation
D)Offence of theft.

Question 19

X cuts down a tree of Y's land with the intention of dishonestly taking the tree out of Y's possession without his consent. What is X guilty of?

A)No offence until the tree is taken away
B)The offence of criminal misappropriation of property
C)The offence of criminal breach of trust
D)The offence of theft as soon as the tree is severed from the ground.

Question 20

X by putting Z in fear of grievous hurt, dishonestly induces Z to sign a blank paper and deliver it to X. Which offence is committed by X?

A)No offence
B)Criminal misappropriation
C)Extortion
D)Robbery.

Question 21

Offence of theft is under:

A)Section 302 of IPC
B)Section 378 of IPC
C)Section 376 of IPC.
D)None of the above

Question 22

Removing ornaments from a dead body is:

A)Robbery
B)Theft
C)Dacoity
D)None of the above

Question 23

Where the accused removed the bricks which had been left lying for eight years, it was held that:

A)He was guilty of theft
B)He was not guilty of theft
C)He was guilty of robbery
D)None of the above

Question 24

If the property is removed under mistake of fact, it is:

A)Robbery
B)Dacoity
C)Theft
D)None of the above

Question 25

A finds a ring belonging to Z on a table in the house which Z occupies. Here the ring is in Z's possession and if A dishonestly removes it, A commits:

A)Robbery
B)Theft
C)Dacoity
D)None of the above.