कानुन प्रवेश परीक्षा BALLB प्रवेश (५ वर्षे) तयारी

कानुन प्रवेश: प्रश्न र उत्तर

सही लागेको विकल्पमा थिच्नुहोस्। सही भए हरियो, गलत भए रातो देखिन्छ; ३ सेकेन्डपछि सही उत्तर र व्याख्या देखिन्छ।

सही: ० / ०

1231. Principle: If a person, intending to kill one person, kills another whom he did not intend to kill, he is liable as if he had killed the person he intended to kill. Facts: A fires at B intending to kill him, but misses and kills C, who was standing nearby. Decide.

      कA is guilty of the murder of C खA is guilty of causing death by negligence गA is not guilty, as he never intended to kill C घA is guilty only of attempt to murder B
      💬 टिप्पणी / गल्ती रिपोर्ट (०)

      छलफल / प्रश्न उत्तरमा गल्ती छ

      पठाउनुहोस्

      टिप्पणी जाँचपछि मात्र देखिन्छ।

1232. Principle: Culpable homicide is not murder if it is committed without premeditation in a sudden fight, in the heat of passion upon a sudden quarrel, without the offender taking undue advantage or acting cruelly. Facts: A and B quarrel at a tea shop over a minor matter. A fight suddenly breaks out, and A picks up a stick lying nearby and hits B once on the head. B dies. Decide.

      कA is guilty of murder खA is guilty of culpable homicide not amounting to murder गA is guilty only of simple hurt घA is not guilty, as he acted in private defence
      💬 टिप्पणी / गल्ती रिपोर्ट (०)

      छलफल / प्रश्न उत्तरमा गल्ती छ

      पठाउनुहोस्

      टिप्पणी जाँचपछि मात्र देखिन्छ।

1233. Principle: Consent given by a person who, because of immaturity or unsoundness of mind, is unable to understand the nature and consequences of what he consents to is not valid consent. Facts: A persuades a six-year-old girl to hand over her mother's gold chain to him, and she does so. A claims the girl consented. Decide.

      कThe girl is liable for giving away the chain खA is liable only if the mother saw the act गA is not liable, since the girl gave the chain willingly घThe girl's consent is not valid, so A cannot rely on it
      💬 टिप्पणी / गल्ती रिपोर्ट (०)

      छलफल / प्रश्न उत्तरमा गल्ती छ

      पठाउनुहोस्

      टिप्पणी जाँचपछि मात्र देखिन्छ।

1234. Principle: Theft requires a dishonest intention at the time the property is taken. Facts: A borrows B's book with B's consent, intending to return it. A month later A decides to keep the book for himself. Decide.

      कA has not committed theft, as he had no dishonest intention when he took the book खA has committed no wrong of any kind गA has committed theft, as he did not return the book घA has committed robbery
      💬 टिप्पणी / गल्ती रिपोर्ट (०)

      छलफल / प्रश्न उत्तरमा गल्ती छ

      पठाउनुहोस्

      टिप्पणी जाँचपछि मात्र देखिन्छ।

1235. Principle: A thing attached to the earth is not movable property, but it becomes capable of being stolen once severed; moving or severing a thing in order to take it dishonestly out of another's possession is theft. Facts: Intending to take it away dishonestly, A cuts down a tree on B's land. He is caught before he can carry it away. Decide.

      कA has committed only an attempt, as he did not carry the tree away खA has committed only mischief, since trees are immovable property गA has committed theft, as severing the tree in order to take it completes the offence घA has committed no theft, as the tree never left B's land
      💬 टिप्पणी / गल्ती रिपोर्ट (०)

      छलफल / प्रश्न उत्तरमा गल्ती छ

      पठाउनुहोस्

      टिप्पणी जाँचपछि मात्र देखिन्छ।

1236. Principle: The right of private defence of the body ends as soon as the danger to the body ends. Facts: A disarms his attacker B, who then turns and runs away. A chases B and stabs him in the back. Decide.

      कA is protected by the right of private defence खA is liable only for using a knife instead of a stick गA is not liable because B attacked first घA is liable, as the danger had ended when B ran away
      💬 टिप्पणी / गल्ती रिपोर्ट (०)

      छलफल / प्रश्न उत्तरमा गल्ती छ

      पठाउनुहोस्

      टिप्पणी जाँचपछि मात्र देखिन्छ।

1237. Principle: There is no right of private defence against an act done in good faith by a public servant acting under colour of his office, even if the act is not strictly justified by law, unless it reasonably causes apprehension of death or grievous hurt. Facts: A police officer arrests A in good faith under a warrant containing a minor irregularity. A beats the officer to escape. Decide.

      कA is protected, because every arrest is a restraint खA is protected, because the warrant was irregular गA has no right of private defence and is liable घThe officer is guilty of wrongful confinement
      💬 टिप्पणी / गल्ती रिपोर्ट (०)

      छलफल / प्रश्न उत्तरमा गल्ती छ

      पठाउनुहोस्

      टिप्पणी जाँचपछि मात्र देखिन्छ।

1238. Principle: Every person has a right of private defence of his own body and of the body of any other person against an offence affecting the human body. Facts: A sees B about to stab C, a stranger. To save C, A strikes B on the arm with a stick, injuring him. Decide.

      कA is guilty of causing hurt, since C was a stranger खA is protected by the right of private defence गA is guilty because B did not actually stab anyone घA should have waited for the police
      💬 टिप्पणी / गल्ती रिपोर्ट (०)

      छलफल / प्रश्न उत्तरमा गल्ती छ

      पठाउनुहोस्

      टिप्पणी जाँचपछि मात्र देखिन्छ।

1239. Principle: Compulsion by threats of instant death is a defence to most offences, but not to murder. Facts: Gangsters threaten to kill A immediately unless he shoots C. A shoots and kills C. Decide.

      कA is guilty of murder, because compulsion is no defence to murder खA is not guilty, because he acted under threat of death गOnly the gangsters are guilty, and A is a witness घA is guilty only of causing hurt
      💬 टिप्पणी / गल्ती रिपोर्ट (०)

      छलफल / प्रश्न उत्तरमा गल्ती छ

      पठाउनुहोस्

      टिप्पणी जाँचपछि मात्र देखिन्छ।

1240. Principle: Except for murder and certain offences against the State, nothing is an offence that is done by a person compelled by threats that reasonably cause apprehension of instant death. Facts: Robbers hold a gun to A's head and force him to drive their getaway vehicle. Decide.

      कA is guilty because he could have refused खA is not guilty, as he acted under threat of instant death गA is guilty of robbery along with the robbers घA is guilty of abetment of robbery
      💬 टिप्पणी / गल्ती रिपोर्ट (०)

      छलफल / प्रश्न उत्तरमा गल्ती छ

      पठाउनुहोस्

      टिप्पणी जाँचपछि मात्र देखिन्छ।