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Kidnapping means taking away a person against his/her will by force, threat or deceit. Usually, the purpose of kidnapping is to get a ransom, or for some political or other purposes etc. Section 361 of IPC explains kidnapping from lawful guardianship. According to this section, if a person takes away or entices a minor (i.e, a boy under the age of 16 years and a girl under the age of 18 years) or a person of unsound mind, away from his/her lawful guardian without the guardian’s consent, then that person commits the offence of kidnapping from lawful guardianship. Futher the word ‘take’ means cause to go or to escort or to get into possession. This means that in taking, the desire of the person being taken to be taken is missing. Enticing, on the other hand, is the act of the accused which induces the person kidnapped to go to the kidnapper, by his/her own wish. It is exciting hope or desire in a person to be taken away. Enticement is completely dependant upon the mental state of the person when the inducement happens. It is not confined to a single form of allurement and any act which is enough to allure a minor girl is enough to constitute allurement.
‘A’ is the seventeen years old daughter of ‘B’,’C’ without consent of ‘B’ takes ‘A’ for a tour of south India .’C’ has committed the offence of ;
Correct Answer (A)
Correct Answer (A)
Kidnapping means taking away a person against his/her will by force, threat or deceit. Usually, the purpose of kidnapping is to get a ransom, or for some political or other purposes etc. Section 361 of IPC explains kidnapping from lawful guardianship. According to this section, if a person takes away or entices a minor (i.e, a boy under the age of 16 years and a girl under the age of 18 years) or a person of unsound mind, away from his/her lawful guardian without the guardian’s consent, then that person commits the offence of kidnapping from lawful guardianship. Futher the word ‘take’ means cause to go or to escort or to get into possession. This means that in taking, the desire of the person being taken to be taken is missing. Enticing, on the other hand, is the act of the accused which induces the person kidnapped to go to the kidnapper, by his/her own wish. It is exciting hope or desire in a person to be taken away. Enticement is completely dependant upon the mental state of the person when the inducement happens. It is not confined to a single form of allurement and any act which is enough to allure a minor girl is enough to constitute allurement.
The offence of section 361 of the IPC is basically an offence against ;
Correct Answer (D)
Correct Answer (D)
Kidnapping means taking away a person against his/her will by force, threat or deceit. Usually, the purpose of kidnapping is to get a ransom, or for some political or other purposes etc. Section 361 of IPC explains kidnapping from lawful guardianship. According to this section, if a person takes away or entices a minor (i.e, a boy under the age of 16 years and a girl under the age of 18 years) or a person of unsound mind, away from his/her lawful guardian without the guardian’s consent, then that person commits the offence of kidnapping from lawful guardianship. Futher the word ‘take’ means cause to go or to escort or to get into possession. This means that in taking, the desire of the person being taken to be taken is missing. Enticing, on the other hand, is the act of the accused which induces the person kidnapped to go to the kidnapper, by his/her own wish. It is exciting hope or desire in a person to be taken away. Enticement is completely dependant upon the mental state of the person when the inducement happens. It is not confined to a single form of allurement and any act which is enough to allure a minor girl is enough to constitute allurement.
What should be age of minor to constitute the offence of kidnapping ?
Correct Answer (C)
Correct Answer (C)
Kidnapping means taking away a person against his/her will by force, threat or deceit. Usually, the purpose of kidnapping is to get a ransom, or for some political or other purposes etc. Section 361 of IPC explains kidnapping from lawful guardianship. According to this section, if a person takes away or entices a minor (i.e, a boy under the age of 16 years and a girl under the age of 18 years) or a person of unsound mind, away from his/her lawful guardian without the guardian’s consent, then that person commits the offence of kidnapping from lawful guardianship. Futher the word ‘take’ means cause to go or to escort or to get into possession. This means that in taking, the desire of the person being taken to be taken is missing. Enticing, on the other hand, is the act of the accused which induces the person kidnapped to go to the kidnapper, by his/her own wish. It is exciting hope or desire in a person to be taken away. Enticement is completely dependant upon the mental state of the person when the inducement happens. It is not confined to a single form of allurement and any act which is enough to allure a minor girl is enough to constitute allurement.
‘A’ and ‘B’ both are of 16 years of age. ‘A’ entices ‘B’ for marriage and takes her to another city. What offence has been committed by ‘A’ ?
Correct Answer (A)
Correct Answer (A)
Kidnapping means taking away a person against his/her will by force, threat or deceit. Usually, the purpose of kidnapping is to get a ransom, or for some political or other purposes etc. Section 361 of IPC explains kidnapping from lawful guardianship. According to this section, if a person takes away or entices a minor (i.e, a boy under the age of 16 years and a girl under the age of 18 years) or a person of unsound mind, away from his/her lawful guardian without the guardian’s consent, then that person commits the offence of kidnapping from lawful guardianship. Futher the word ‘take’ means cause to go or to escort or to get into possession. This means that in taking, the desire of the person being taken to be taken is missing. Enticing, on the other hand, is the act of the accused which induces the person kidnapped to go to the kidnapper, by his/her own wish. It is exciting hope or desire in a person to be taken away. Enticement is completely dependant upon the mental state of the person when the inducement happens. It is not confined to a single form of allurement and any act which is enough to allure a minor girl is enough to constitute allurement.
X kidnaps Y, a minor and hands over Y to Z, Z confines Y at his home’, After few days, N wrongfully takes away Y from the house of Z:
Correct Answer (C)
Correct Answer (C)
Culpable homicide is defined under Section 299 of the Criminal Code. Section 300 defines murder as a culpable homicide with certain distinguishing features, which are listed in clauses 1-4 of Section 300, subject to the exclusions set out in Section 300. Any culpable homicide that occurs within one of the four clauses in Section 300 is considered murder. All other cases of culpable homicide, including those that may fall under the exceptions to Section 300, shall be considered culpable homicide rather than murder. While Section 299 defines ‘culpable homicide,’ it is not exhaustive. The genus is culpable homicide, and the species is murder. All culpable homicides are murders, but not all culpable homicides are murders. So the distinction is between culpable homicide that amounts to murder and culpable homicide that does not amount to murder. The sole distinction between culpable homicide and murder is the degree of purpose and knowledge involved. The case would be classified as murder if there was a high level of purpose and knowledge. The case would be classified as responsible homicide if there was a lesser degree of purpose or knowledge. As a result, establishing categorical demarcations between culpable homicide and murder is challenging.
1) X having sufficient food does not provide some food to beggar who died of hunger . X is guilty of
Correct Answer (A)
Correct Answer (A)
Culpable homicide is defined under Section 299 of the Criminal Code. Section 300 defines murder as a culpable homicide with certain distinguishing features, which are listed in clauses 1-4 of Section 300, subject to the exclusions set out in Section 300. Any culpable homicide that occurs within one of the four clauses in Section 300 is considered murder. All other cases of culpable homicide, including those that may fall under the exceptions to Section 300, shall be considered culpable homicide rather than murder. While Section 299 defines ‘culpable homicide,’ it is not exhaustive. The genus is culpable homicide, and the species is murder. All culpable homicides are murders, but not all culpable homicides are murders. So the distinction is between culpable homicide that amounts to murder and culpable homicide that does not amount to murder. The sole distinction between culpable homicide and murder is the degree of purpose and knowledge involved. The case would be classified as murder if there was a high level of purpose and knowledge. The case would be classified as responsible homicide if there was a lesser degree of purpose or knowledge. As a result, establishing categorical demarcations between culpable homicide and murder is challenging.
1) ‘A’ appears as a witness before Z, a magistrate, Z says that he does not believe a word of A’s deposition and that A has perjured himself. A is moved to sudden passion by these words and kills Z, This is:
Correct Answer (B)
Correct Answer (B)
Culpable homicide is defined under Section 299 of the Criminal Code. Section 300 defines murder as a culpable homicide with certain distinguishing features, which are listed in clauses 1-4 of Section 300, subject to the exclusions set out in Section 300. Any culpable homicide that occurs within one of the four clauses in Section 300 is considered murder. All other cases of culpable homicide, including those that may fall under the exceptions to Section 300, shall be considered culpable homicide rather than murder. While Section 299 defines ‘culpable homicide,’ it is not exhaustive. The genus is culpable homicide, and the species is murder. All culpable homicides are murders, but not all culpable homicides are murders. So the distinction is between culpable homicide that amounts to murder and culpable homicide that does not amount to murder. The sole distinction between culpable homicide and murder is the degree of purpose and knowledge involved. The case would be classified as murder if there was a high level of purpose and knowledge. The case would be classified as responsible homicide if there was a lesser degree of purpose or knowledge. As a result, establishing categorical demarcations between culpable homicide and murder is challenging.
A knows Z to be behind a bush . B does not know it . A intending to cause or knowing it to be likely to cause Z’s death , induces B to fire at the bush and B kills Z.
Correct Answer (C)
Correct Answer (C)
Culpable homicide is defined under Section 299 of the Criminal Code. Section 300 defines murder as a culpable homicide with certain distinguishing features, which are listed in clauses 1-4 of Section 300, subject to the exclusions set out in Section 300. Any culpable homicide that occurs within one of the four clauses in Section 300 is considered murder. All other cases of culpable homicide, including those that may fall under the exceptions to Section 300, shall be considered culpable homicide rather than murder. While Section 299 defines ‘culpable homicide,’ it is not exhaustive. The genus is culpable homicide, and the species is murder. All culpable homicides are murders, but not all culpable homicides are murders. So the distinction is between culpable homicide that amounts to murder and culpable homicide that does not amount to murder. The sole distinction between culpable homicide and murder is the degree of purpose and knowledge involved. The case would be classified as murder if there was a high level of purpose and knowledge. The case would be classified as responsible homicide if there was a lesser degree of purpose or knowledge. As a result, establishing categorical demarcations between culpable homicide and murder is challenging.
‘A’ fires on a crowd for no reason. As a result of which ‘B’ dies. What offence has been committed by ‘A’ ?
Correct Answer (C)
Correct Answer (C)
Culpable homicide is defined under Section 299 of the Criminal Code. Section 300 defines murder as a culpable homicide with certain distinguishing features, which are listed in clauses 1-4 of Section 300, subject to the exclusions set out in Section 300. Any culpable homicide that occurs within one of the four clauses in Section 300 is considered murder. All other cases of culpable homicide, including those that may fall under the exceptions to Section 300, shall be considered culpable homicide rather than murder. While Section 299 defines ‘culpable homicide,’ it is not exhaustive. The genus is culpable homicide, and the species is murder. All culpable homicides are murders, but not all culpable homicides are murders. So the distinction is between culpable homicide that amounts to murder and culpable homicide that does not amount to murder. The sole distinction between culpable homicide and murder is the degree of purpose and knowledge involved. The case would be classified as murder if there was a high level of purpose and knowledge. The case would be classified as responsible homicide if there was a lesser degree of purpose or knowledge. As a result, establishing categorical demarcations between culpable homicide and murder is challenging.
A is in house which is set on fire with Z a child. People below hold out of blanket. A drops the child from the top knowing it to be likely that fall may kill child but not intending to kill child , and intending in good faith the child’s benefit and child dies, which offence A has committed?
Correct Answer (D)
Correct Answer (D)