Criminal Law

Q: A music teacher committing sexual intercourse with a minor girl having obtained her consent for the same under the pretext that the same is required to improve her voice was held guilty of rape in _______________.

The case of A vs. Williams (1923) is a landmark case on the issue of consent in cases of rape. In this case,a music teacher tricked her minor student of 16 years of age to consent to sexual intercourse on the pretext that it would improve her voice. When the plea of consent was raised, the Court observed that what the girl actually consented to was the surgery to improve her voice, which the teacher had convinced her about. She did not give her consent to sexual intercourse in the true sense of it. The Court here followed Section 76(2) of the Sexual Offences Act of 2003 which provides that if the defendant intentionally deceives the victim about the nature of the relevant act, it is a conclusive presumption that consent was not obtained from the victim. This is a classic case of consent obtained by misrepresentation as per Section 375 of Indian Penal Code, 1860.

Q: Which is not a punishment theory ?

There are 4 types of theories of Punishments which are as follows=1. Deterrent Theory- the main objective of this theory is to abstain a person from doing an Act that may constitute in a crime. it seeks to serve as a warning to the offender not to repeat the offence in the future. 2. Retributive Theory- The objective of this theory is to make the offender realize the pain and suffering of his acts. 3. Preventive Theory- It seeks to prevent and keep away the offender from the society in order to achieve this, offenders are punished with death, life imprisonment etc. 4. Reformative Theory- The idea in this theory is to reform the behavior of the criminal. It is believed that criminal behaviors is shaped by the social, economic and environmental conditions and that by education and training criminals they can be made competent to behave well in the society.

Q: An eye for an eye and tooth for a tooth is the principle of______.

Retributive Theory- The objective of this theory is to make the offender realize the pain and suffering of his acts.

Q: The essential ingredients of a crime are _______________.

D is the correct option.Guilty act and guilty mind these are considered as the very essential elements of a crime because to commit an offense or a crime, a person must have a guilty intention.

Q: In kidnapping, the consent of minor is ________________.

If any individual takes away a minor person, or a person of unsound mind by the motive of keeping him away from his guardian, he is said to commit kidnapping. The consent of minor is wholly immaterial and won't be taken into consideration.Hence, C is the correct option.

Q: Principle : Nothing is an offence which is done by child under twelve years of age, who has not attained sufficient maturity of understanding to judge the nature and consequences of his conduct on that occasion.Facts : Himesh, \$11\$ years old boy, picks up a gold ring worth Rs.\$5000\$/- lying on a table in his friend's house and immediately sells it for Rs.\$2000\$/-, and misappropriated the money.

Under section 83 of Indian Penal code defines nothing is an offence which is done by a child above seven years of age and under twelve, who has not attained sufficient maturity of understanding to judge of the nature and consequence of his conduct on that occasion.The reasonable conclusion drawn Himesh would be protected under the principle stated above because his acts show that he was not sufficiently mature to understand the nature and consequences of his conduct.

Q: PRINCIPLE: 'Wrongful gain' is gain by unlawful means of poverty to which the person gaining is not legally entitled. 'Wrongful loss' is the loss by unlawful means of property to which the person losing it is legally entitled.FACTS: 'X' takes away 'Y's watch out of Y's possession, without 'Y's consent and with the intention of keeping it.

X has caused wrongful loss to Y by depriving him of his property that is his watch without his permission and by unlawful means. X has also caused wrongful gain to himself by transferring the watch to himself to which he has absolutely no legal entitlement. Gain and loss may not only mean monetary gain or monetary loss, non-enjoyment of the property or unlawful enjoyment of the property are also examples of wrongful loss and wrongful gain.

Q: Who is associated with Drafting of the Indian Penal Code?

Lord Macaulay. His full name is Thomas Babington Macaulay. The IPC was formed by the first law commission in 1835. He was the chairperson of that committee. That was the time of British rule in India around 1860s. It's also has been given to some neighboring countries like Sri Lanka, Bangladesh, and Pakistan.