CLAT (Common Law Admission Test) 2019 MCQs Questions Answer with Solution Paper Part 25

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Question 190

Principle: Doing of an act which causes common injury, danger or annoyance to public or which is likely to cause such injury or annoyance is Public nuisance. A common nuisance is not excused because it causes some nuisance or advantage.

Facts: A′ a farmer having large farmlands burns crop residue (stubble) on his fields after harvesting the crop to make the field ready for next crop as this is the easy, fast and convenient method of making the field ready for next crop. His farmlands are adjoining a densely inhabited residential area and people pass through the smoke while travelling on the road adjoining his farmlands. The smoke caused by fire also enters the houses in the colony

A. A has not committed any offence since he does not cause any specific injury to any specific person

B. A has not committed any offence because he does not gain any advantage from persons living in the vicinity

C. A has committed public nuisance

D. A has not committed any offence because the alleged acts are done on the fields owned and used by him and acts are done without any intention to cause harm.

Question 191

Principle: Death caused by rash or negligent act of a person is an offence.

Facts: X was driving his SUV car in a lonely road leading to a forest at 160 km per hour. Suddenly, someone appears from the forest on the road and in the resultant accident, the car hits the commuter causing his death.

A. X is not guilty of an offence as the accident has occurred on a lonely road

B. X is not guilty because there was no intention to kill the deceased

C. X is guilty of an offence death by rash or negligent act

D. X is not guilty because he was also injured in the accident

Question 192

Principle: Whoever causes death by rash or negligent act commits an offence.

Facts: X is having a house on the roadside which is also having a street on the back of the house. He has a lawn on the back of his house where he has built a toilet. To prevent the intruders from entering his house, he got the fence charged with a high voltage live electric wire. Z was passing through the street at the backyard of the house of X and sat down to take rest near the fence. While getting up, his hands came in contact with the fence which was connected to high voltage electric wire causing his death.

A. X has not committed any offence because he has right to prevent trespass

B. X has committed an offence of causing death by rash and negligent act

C. X has committed no offence because he does not have any enmity with X

D. X has committed an offence of Murder

Question 193

Principle: Killing is not murder, if it is committed in a sudden fight without pre-meditation in a heat of passion upon a sudden quarrel.

Facts: X and Y were buying liquor from a liquor shop at 7 pm. Y abused X and there was quarrel between them. X told Y that he will not spare him and Y shouted that his house is adjoining the shop only and if X had the guts, he can come anytime. X went back to his shop which was nearby, procured a knife and went to Y՚s residence at 9 pm and stabbed him to death.

A. X has committed murder

B. X has not committed an offence of murder since it was committed in sudden fight in a heat of passion

C. X has not committed murder of Y because he had no enemity with Y

D. X has committed no offence

Question 194

Principle: Use of criminal force intentionally knowing that it would cause or is likely to cause injury or annoyance to the person against whom force is used, is an offense.

Facts: X, a renowned social worker who had launched a movement for the liberation of women, pull up a women՚s veil in public without her consent causing annoyance to her.

A. X is a renowned social worker and he has committed no offence because his motive was good

B. X acted in good faith to liberate her from clutches of tradition and has hence has committed no offence

C. X has done the act in public and not in secrecy therefore had not committed any offence

D. X has committed an offence by use of criminal force

Question 195

Principle: Inducing any animal to move or to change its motion and thereby intentionally causing fear of injury or annoyance to others by such act, is an offence of use of criminal force.

Facts: X incites his dog to chase and run after his neighbour Y, to teach Y to stay away from him. The act is done without neighbour consent and against his will

A. X has committed no offence

B. X has committed no offence because no harm is caused to Y

C. X has committed no offence because he intention only to put fear in the mind of Y

D. X has committed an offence of use of criminal force

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