Indian Penal Code - Study Mode
[#2206] B, a man of unsound mind, sets fire to a dwelling house on A's instigation. Here, B is exempted from criminal liability (Section 84, Indian Penal Code), but A is guilty of abetting mischief by fire with intent to destroy the house. The principle for this criminal liability may be explained by which one of the following explanations?
Correct Answer
(B) The person who has been instigated to commit an offence may not be liable under criminal law for his act because of his being of unsound mind at the time of committing the offence but the abetment to commit mischief by fire being an offence, abetment of such offence incurs liability
[#2207] Principle: Nothing is an offence if done by a person who, at the time of doing it, by reason of unsoundness of mind is incapable of knowing the nature of the act or what he is doing is wrong or contrary to law. Factual Situation: A, an author of macabre stories, was undergoing treatment for somnambulism. One night, he was given a high dose of sedative as he had become violent. There was a 'Do not disturb' board out side his room. Early morning, while A was still asleep, a nurse went to his room to check his condition. She started to note his pulse and thereafter to measure his BP. While she was fixing the equipment to measure the BP, A saw the nurse, but in a delirium he thought the nurse to be a vampire going to drink his blood. Suddenly in order to exorcise the ghost, A grabbed the BP apparatus and hit the 'ghost' on the head several times. The nurse collapsed and died subsequently.
Correct Answer
(D) A is not liable for the murder of the nurse as he did not know what he was doing
[#2208] Which one of the following is not an essential element of the offence of theft?
Correct Answer
(D) Property must be immovable
[#2209] A delivers his watch to Z, a jeweller, to be regulated. Z carries it to his shop. A, not owing to the jeweller any debt for which the jeweller might lawfully detain the watch as a security, enters the shop openly, takes his watch by force out of Z's hand, and carries it away.
Correct Answer
(D) Both B and C
[#2210] Which of the following match is wrong?
Correct Answer
(C) Fraudulently ⇔ Section 26 Indian Penal Code