CLAT Sample Paper CLAT Sample Paper-1

  • question_answer
    Direction:  A principle principles and a fact situation are given in questions decide only on the basis of the principle(s).
    Principle Whoever, intending to take dishonestly any moveable property out of the possession of any person without that person's consent, moves that property in order to such taking, is said to commit theft. Whoever enters into or upon property in the possession of another with intent to commit an offence or to intimidate, insult or annoy any person in possession of such property, is said to commit criminal trespass.
    Rohan works as a servant for Abhimanyu-a timber tycoon. On Abhimanyu's, land Roshan discovers, are growing trees with a very special and rare fruit. He decides he can sell them off in the black market and make a lot of money. One week, while his master is away on a holiday, Roshan decides to cut down many of these special trees and then goes and sells them off.

    A)  Rohan is liable for both, criminal trespass and theft

    B)  Rohan is liable only for theft since he anyways worked with Abhimanyu and spent most of his day at Abhimanyu's house

    C)  Rohan is liable only for criminal trespass since theft involves moveable property which trees are not

    D)  Rohan is liable for civil trespass only

    Correct Answer: A

    Solution :

    Rohan is liable for both criminal tresposs and theft. Criminal trespass under Section 441 IPC and theft under Section 378 IPC, illustration (A).                                 


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