AILET 2015 Question Paper with answer key for online practice

Question : 92 of 150

Marks: +1, -0

LEGAL PRINCIPLES : 1. To constitute a punishable criminal offence, guilty intention must accompany an illegal act.
2. Criminal mischief means causing damage to public property intentionally or with the knowledge that harm may occur.
FACTUAL SITUATION: Neel being a Shahrukh Khan fan went for the premier of the movie, Happy New Year. As usual, he carried his pen-knife, a gift from his dead mother. At the security check, impatient of waiting in the queue, Neel slunk past the guards and the metal detectorwhen no one was watching. Later, he was apprehended in the hall and charged for mischief and possession of a weapon when it was expressly forbidden.
DECISION:

Neel is not criminally liable since he had no intention to commit mischief.
Liable for possession of the weapon since it was expressly forbidden and mere possession was enough; although he might not be liable for mischief as he did not do anything.
Neel is not liable since the pen knife had an emotional value and rather the guards should be punished for the security breach.
Liable for both possession of weapon and criminal mischief since he slunk past the guards which shows his intention to commit the crime.

Validate

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