Legal Definitions: Animals, Children, Counterfeit

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Questions and Answers

What is the legal definition of 'dishonestly' according to the Information provided?

Committing an act with the intent to benefit oneself legally.

Acting in a way that causes wrongful gain to one person or wrongful loss to another. (correct)

Using deception to acquire property or services.

Making contracts without the intent to fulfill them.

Which of the following accurately describes 'wrongful gain'?

Gaining property using deceitful means that one is legally entitled to.

Acquiring property that belongs to the state without authorization.

Gaining property by unlawful means of property to which one is not entitled. (correct)

Gaining property through lawful means.

What is presumed when a person is found in possession of a forged coin or currency?

The person acted without any intention of circulation.

The person has knowledge about the forgery or counterfeit nature. (correct)

The person has legitimate ownership of the currency.

The person has negative intent and should be punished.

What constitutes 'wrongful loss' in the context provided?

A person losing property to someone who acquires it without legal entitlement. Signup and view all the answers

Which statement about currency and ownership is correct based on the content?

Currency has no ownership according to the law specified. Signup and view all the answers

What is defined as an 'animal' in the content provided?

Any living creature, other than a human being Signup and view all the answers

According to the content, what age defines a 'child'?

Below the age of eighteen Signup and view all the answers

In the context of the content, which of the following is considered a highly serious crime?

Crimes with a punishment duration of 7 years and above Signup and view all the answers

What is one of the key ingredients to establish counterfeiting?

Causing something to resemble another Signup and view all the answers

What does the term 'intention' refer to in the context of counterfeiting?

The mental element to deceive Signup and view all the answers

What provision allows for a person aged 15-16 to be tried as an adult?

For heinous crimes with a punishment threshold of 7 years or above Signup and view all the answers

What is the significance of mere possession of counterfeit currency?

It is sufficient for liability under IPC/BNS Signup and view all the answers

What can be inferred about the presumption in counterfeiting?

It is presumed that intending to deceive exists unless proven otherwise Signup and view all the answers

Which individuals qualify as public servants according to the definition provided?

Individuals who are elected members of municipal authorities Signup and view all the answers

What distinguishes a government servant from a public servant?

All government servants are public servants, but not all public servants are government servants Signup and view all the answers

Who is NOT considered a public servant in the context of governmental roles?

Governor Signup and view all the answers

What is the significance of the semicolon in section 2(28)(k) regarding public servants?

It indicates that the definitions must fall under either category for wider interpretation Signup and view all the answers

In which situation would public servants be held liable?

If their actions directly lead to public safety failures, such as infrastructure collapses Signup and view all the answers

What is the primary characteristic that defines a government servant?

They are appointed or employed under governmental authority Signup and view all the answers

Which of the following is an example of a public servant?

Lecturer at a public university Signup and view all the answers

Which of the following statements about public servants is true?

All individuals appointed to any government position are public servants Signup and view all the answers

What is the nature of a pardon granted by the executive?

It mitigates or sets aside the punishment for a crime. Signup and view all the answers

Under which circumstances can life imprisonment be considered?

As rigorous imprisonment for the convict's entire life. Signup and view all the answers

Which section grants rights to the government concerning commutation?

Sections 54 and 55 Signup and view all the answers

What should be considered when deciding on commutation of a death sentence?

The reasonable nature of the delay in execution. Signup and view all the answers

In which cases is remission not granted according to recent rulings?

In offenses against the state. Signup and view all the answers

What determines whether life imprisonment can be commuted?

The nature of the crime and circumstances of the case. Signup and view all the answers

What does Section 6 BNS/57 IPC state regarding life imprisonment?

It shall be reckoned as equivalent to 20 years of imprisonment. Signup and view all the answers

In the context of delayed executions, what psychological aspect is emphasized?

Delay can lead to mental torment and illness. Signup and view all the answers

What role do courts play in arbitration according to Vishesh Anand 2001?

Courts are only involved when an act is violated. Signup and view all the answers

Which of the following is explicitly excluded from the definition of movable property under Sec 22 IPC?

Soil Signup and view all the answers

What distinction is made between 'earth' and 'land' in the context of property law?

'Earth' refers to soil, while 'land' is a specific area. Signup and view all the answers

When are things attached to the earth considered movable property?

When they are severed from the land. Signup and view all the answers

Which of the following properties can be subject to theft once severed from land?

Soil, stones, and minerals Signup and view all the answers

According to Sec 22 IPC, what happens to things attached to the earth if they are severed?

They are classified as movable property. Signup and view all the answers

What is the primary purpose of arbitration as stated in Vishesh Anand 2001?

To resolve disputes outside the courtroom. Signup and view all the answers

Which statement accurately reflects the nature of arbitration?

Arbitration is largely a collaborative process handled by the parties. Signup and view all the answers

Study Notes

Animal

The term "animal" refers to any living creature except human beings.
This law applies only to humans, not animals.

Child

A “child” is defined as any person under the age of eighteen.
This definition is not provided in the Indian Penal Code (IPC), so it's important to refer to the Juvenile Justice (Care and Protection of Children) Act.
Prior to 2024, the JJ Act was referenced, however an amendment occurred where individuals 15-16 are tried as adults if the punishment is 7 years or more for heinous crimes..
This amendment is a result of the Nirbhaya case and a recommendation made by the J Verma Committee.
The severity of the crime is a key factor in determining punishment.

Counterfeit (Sec 28 IPC)

Counterfeiting involves creating a resemblance to another thing with the intention of deceiving.
The resemblance does not need to be identical.
The intention to deceive is a key mental element, even if someone is not actually deceived.
Possession of counterfeit goods is also punishable.
Intention is not a necessity in possession cases.
There is a presumption of intention, unless proven otherwise.
Having counterfeit currency is sufficient to hold someone liable under the IPC or BNS.
If a person can lawfully demonstrate source of counterfeit possession, it is not an offense.

Possession

Possession does not require a mental element or intention.
Knowledge is presumed.
Possession implies one is partaking in the act of circulation.

Death (Sec 46 IPC)

Death refers to the death of a human being, unless the context suggests otherwise.

Dishonestly (Sec 46 IPC)

Dishonestly means doing something with the intention of causing wrongful gain to someone or wrongful loss to another.
It is defined based on the concepts of wrongful gain and wrongful loss, as per Sec 24, 23(1), 23(2) and 23(3) of IPC.

Wrongful Gain (Sec 23 para 1 IPC)

Wrongful gain refers to obtaining property illegally.
The person obtaining the property isn't legally entitled to it.

Wrongful Loss (Sec 23 para 2 IPC)

Wrongful loss refers to losing property illegally.
The person losing the property is legally entitled to it.

Gaining Wrongfully and Losing Wrongfully (Sec 23 para 3 IPC)

Gaining wrongfully can be through acquiring or retaining property illegally.
Losing wrongfully can be through being wrongfully kept out of property or being wrongfully deprived of it.

Movable Property (Sec 22 IPC)

"Movable property" encompasses all types of property except land and things attached to it permanently.
"Land" refers specifically to the soil, while "things attached to the earth" include buildings, structures, trees, etc.
Things attached to the earth can be severed from the land, which then makes them movable property.
When items like soil, stones, and minerals are separated from the land, they become movable property subject to laws governing theft.

Public Servant

The term "public servant" is defined within the context of Sec 14 IPC.
The IPC has its own definition for "government servant" which is not incorporated into BNS.
Any government servant is a public servant. The opposite is not true..
The government can be either state or central.
Examples of government servants include individuals working in the government (like those from the UPSC or state public service exams, ministers of transport)
Public servants include MLAs and MPs.
The Governor and President are not servants because they are the heads of the executive branch and thus represent the "government."
Ministers without portfolios are public servants.

Government Servant In IPC

Government servants are appointed, employed, or maintained by the government.
There is no specified duration as per government policy.
They operate under the authority of the government.
They receive pay and salaries from the government.
They follow government policies with no deviations.

2(28)(k)- Public Servant In BNS

This clause serves as a litmus test for identifying public servants - either:
- They are paid by the government or a government authority (including government companies and PSUs), OR
- They work for a local authority (inclusive of government companies and PSUs).
This definition broadens the concept of "public servant".

Pardon, Remission, or Commutation

Constitutional power under Articles 72/161 overrides statutory powers in Sections 432, 433, 433A of the IPC, as well as those under Sec 54 and 55.
Convicts do not have a fundamental right to remission or shorter sentences.
Granting a pardon is not a reversal of a conviction but rather an executive action that mitigates or sets aside the punishment.
Sections 54 and 55 give rights to the government for commutation.

Govt. of NCT Delhi v. Prem Raj

It was upheld that the government is legally able to commute life sentences as per Sections 54, 55 and 55A of the IPC.

Sher Singh v. State of Punjab

It was established that delays in executing death sentences should factor into a decision to commute or not.

Shatrugna Chauhan, Triveni Ben and Afzal guru cases

No remission will be given for offenses against the state.

Nawab Singh v. State of UP

Any individual has the right to approach the government under Sections 54 and 55.
However, states should not proactively initiate this process.

Life Imprisonment

Life imprisonment equals rigorous imprisonment for the remainder of the convict's life.

Devendra Singh Bhuller and Mahendra Das Case

This case focused on commuting a death sentence. It considered:
- The effect of delays on individuals sentenced to death.
- Reasons for these delays, and whether they were justifiable or not.
It highlights that the nature of certain crimes cannot be mitigated due to delays, while other crimes call for commutation because of the resulting mental anguish and health deterioration caused by prolonged delays.
Ultimately, death penalty and its commutation require a case-by-case assessment.
Commutation was granted in this case.

Fracions of imprisonment terms

When calculating fractional terms of punishment, life imprisonment is equivalent to 20 years, unless specified otherwise.

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Description

This quiz covers crucial legal definitions, including the terms 'animal' and 'child' as per relevant laws. It also addresses the legal aspects of counterfeiting under Section 28 of the IPC, emphasizing intentions and mental elements. Test your understanding of these significant legal concepts!