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Questions and Answers
What conditions must be met for an abettor to be liable for an act different from the one abetted?
What conditions must be met for an abettor to be liable for an act different from the one abetted?
- The act must be directly instigated by the abettor.
- The act must be random and unrelated to the abetment.
- The abettor must have no prior knowledge of the act.
- The act done must be a probable consequence of the abetment. (correct)
Under what circumstances can an abettor face cumulative punishment?
Under what circumstances can an abettor face cumulative punishment?
- If the act abetted is never carried out.
- If the abettor does not benefit from the act done.
- If both the act abetted and the act done constitute distinct offenses. (correct)
- If the act done is a mere reflection of the act abetted.
What is true about the liability of the abettor when the effect caused differs from what was intended?
What is true about the liability of the abettor when the effect caused differs from what was intended?
- The abettor must demonstrate no knowledge of the act's potential consequences.
- The abettor is never liable for unintended consequences.
- The abettor is liable if they knew the act was likely to cause that different effect. (correct)
- The abettor is only liable if the act aligns with their intention.
Which of the following statements regarding abettor's liability is correct?
Which of the following statements regarding abettor's liability is correct?
When is an abettor not liable for the act done?
When is an abettor not liable for the act done?
What is the primary objective of Criminal Law?
What is the primary objective of Criminal Law?
What does the maxim 'actus non facit reum, nisi mens sit rea' imply?
What does the maxim 'actus non facit reum, nisi mens sit rea' imply?
Who has the authority to file a case in Criminal Law?
Who has the authority to file a case in Criminal Law?
What does Criminal Law primarily deal with?
What does Criminal Law primarily deal with?
Which of the following best describes a crime?
Which of the following best describes a crime?
What is meant by viewing crime as a breach of duty to the public?
What is meant by viewing crime as a breach of duty to the public?
Why is negligence considered a crime in Criminal Law?
Why is negligence considered a crime in Criminal Law?
How does Criminal Law view the relationship between crime and punishment?
How does Criminal Law view the relationship between crime and punishment?
What happens when a person who is absent would be punished as an abettor but is present during the commission of the offence?
What happens when a person who is absent would be punished as an abettor but is present during the commission of the offence?
What is the maximum punishment for an abettor of an offence punishable with death or life imprisonment if the offence was not committed?
What is the maximum punishment for an abettor of an offence punishable with death or life imprisonment if the offence was not committed?
If an abettor also causes hurt to any person during the act they abetted, what is the maximum punishment they may face?
If an abettor also causes hurt to any person during the act they abetted, what is the maximum punishment they may face?
What is the prescribed punishment for an abettor of an offence punishable with imprisonment if the offence was not committed?
What is the prescribed punishment for an abettor of an offence punishable with imprisonment if the offence was not committed?
Under what condition is the punishment for an abettor increased to one-half of the longest term provided for an offence?
Under what condition is the punishment for an abettor increased to one-half of the longest term provided for an offence?
What is the penalty for abetting commission of an offence by a group exceeding ten persons?
What is the penalty for abetting commission of an offence by a group exceeding ten persons?
If an abettor is found guilty but the offence itself was not committed, what is the minimum punishment they may face?
If an abettor is found guilty but the offence itself was not committed, what is the minimum punishment they may face?
Which section addresses the situation where an abettor is liable for offences punishable with imprisonment?
Which section addresses the situation where an abettor is liable for offences punishable with imprisonment?
What is the maximum imprisonment term for someone who conceals a design to commit an offence punishable with death if the offence is committed?
What is the maximum imprisonment term for someone who conceals a design to commit an offence punishable with death if the offence is committed?
What consequence does a public servant face if they conceal a design to commit an offence punishable by death and the offence occurs?
What consequence does a public servant face if they conceal a design to commit an offence punishable by death and the offence occurs?
How long can someone who conceals the design to commit an offence be imprisoned if the offence is not committed?
How long can someone who conceals the design to commit an offence be imprisoned if the offence is not committed?
What is the punishment for a public servant concealing a design to commit an offence that they are obligated to prevent, if the offence is not committed?
What is the punishment for a public servant concealing a design to commit an offence that they are obligated to prevent, if the offence is not committed?
What methods can be used to conceal the existence of a design to commit an offence under the discussed sections?
What methods can be used to conceal the existence of a design to commit an offence under the discussed sections?
What happens if a person is found to have concealed a design for a crime that is punishable by life imprisonment?
What happens if a person is found to have concealed a design for a crime that is punishable by life imprisonment?
Which of the following is NOT a consequence detailed for concealing a design to commit an offence?
Which of the following is NOT a consequence detailed for concealing a design to commit an offence?
What must a person know to be punished under Sec. 58 or Sec. 59 for concealing a design to commit an offence?
What must a person know to be punished under Sec. 58 or Sec. 59 for concealing a design to commit an offence?
What is the punishment if a person conceals the existence of a design to commit an offense and the offense is committed?
What is the punishment if a person conceals the existence of a design to commit an offense and the offense is committed?
Which of the following is NOT a requirement to establish a criminal conspiracy?
Which of the following is NOT a requirement to establish a criminal conspiracy?
What is the punishment for being part of a criminal conspiracy to commit an offense punishable with death or life imprisonment?
What is the punishment for being part of a criminal conspiracy to commit an offense punishable with death or life imprisonment?
If someone attempts to commit an offense punishable with life imprisonment, what will be the punishment under Sec. 62?
If someone attempts to commit an offense punishable with life imprisonment, what will be the punishment under Sec. 62?
How is a criminal conspiracy defined?
How is a criminal conspiracy defined?
What is the maximum punishment for a party involved in a criminal conspiracy that does not involve crimes punishable with death or life imprisonment?
What is the maximum punishment for a party involved in a criminal conspiracy that does not involve crimes punishable with death or life imprisonment?
What happens if a person makes a false representation about a design to commit an offense and no offense occurs?
What happens if a person makes a false representation about a design to commit an offense and no offense occurs?
In establishing a criminal conspiracy, which element is essential beyond simply agreement?
In establishing a criminal conspiracy, which element is essential beyond simply agreement?
Study Notes
Criminal Law Basics
- Defines conduct prohibited by the state
- Prescribes punishment for harmful acts
- Deals with offences against the state
- A crime is a breach of duty against society
- Crime can be intentional harm to people or property
- Neglecting a duty to protect others from harm is also a crime
Principles of Criminal Law
- Actus non facit reum, nisi mens sit rea: An act itself does not make a person guilty unless it is accompanied by a guilty mind.
- Mens Rea: A guilty mind is needed for an act to be considered a crime.
Abetment in Criminal Law
- Abettor is liable for the act done as if they directly abetted it
- Act done must be a probable consequence of abetment
- Act must be committed under influence of abettor
Abettor Liability
- Section 51: Abettor liable for the act abetted
- Section 52: Abettor liable to cumulative punishment for the act abetted and the act done
- Section 53: Abettor liable for the effect caused by the act abetted even if the effect is different from what the abettor intended.
- Section 54: Abettor present when offence is committed is deemed to have committed the offence
Punishment for Abetment
- Section 55: Abetment of an offence punishable with death or life imprisonment results in a maximum of 7 years imprisonment and a fine. If the act abetted causes hurt, the abettor faces up to 14 years imprisonment and a fine.
- Section 56: Abetment of an offence punishable with imprisonment results in a maximum of one-fourth the longest term provided for the offence, or a fine, or both. If the abettor or the person abetted is a public servant, the punishment is increased to one-half the longest term provided for the offence.
- Section 57: Abetting the commission of an offence by the public generally or by more than ten persons results in a maximum of 7 years imprisonment and a fine.
Concealing Information for Criminal Offences
- Section 58: Concealing a design to commit an offence punishable with death or life imprisonment results in a maximum of 7 years imprisonment if the offence is committed, or 3 years imprisonment and a fine if the offence is not committed
- Section 59: Public servant concealing a design to commit an offence they are duty-bound to prevent faces a maximum of one-half the longest term of imprisonment, or a fine, or both, depending on the severity of the crime.
- Section 60: Concealing design to commit an offence punishable with imprisonment results in imprisonment up to one-fourth the longest term for the offence if the offence is committed or one-eighth the longest term if the offence is not committed.
Criminal Conspiracy
- Section 61: Two or more persons agree to do an illegal act or a legal act through illegal means
- Section 62: Punishment for attempting to commit offences punishable with life imprisonment or other imprisonment
- Criminal conspiracy to commit an offence punishable with death, life imprisonment or rigorous imprisonment for two years or more
- Punishment
- Same punishment as if they abetted the offence.
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Description
Dive into the fundamentals of criminal law with this quiz, covering key concepts such as actus reus and mens rea, as well as the role of abettors in criminal liability. Understand how conduct is defined as criminal and the implications of responsibility for harmful acts. Test your knowledge on essential legal principles and statutory provisions.
