If the property is removed under mistake of fact, it is:

Related MCQs

• Give incorrect response. The following are essentials of defence of mistake of fact under section 76 of the Penal Code:
• A, intending to cause theft instigates B, to take property belonging to Z out of Z’s possession. A induces B to believe that the property belongs to A. B takes the property out of Z’s possession in good faith, believing it to be A’s property. With reference to the above statement Assertion (A): A is guilty of abetment of theft even if B is innocent. Reason (R): Liability of abettor is not dependent on the liability of the principal accused. Directions:- the following item consist of two statements, one labeled as Assertion A and the other labeled as Reason R. You are to examine these two statements carefully and decide if the Assertion A and the Reason R are individually true and if so, whether the reason is a correct explanation of the Assertion. Select your answers to these items using the codes given below and mark your answer sheet accordingly.
• According to Sec. 79 -- “Nothing an offence which is done by any person who is justified by law and who by reason of mistake of fact in good faith believes himself to be :
• Point out incorrect response. The following are some of the illustrations of defence of mistake of fact:
• When the act in itself is wrongful the defence of mistake of fact cannot be availed. It was held in an English case
• A in good faith, believing property belonging to Z to be his own property. takes that property out of B’s possession
• Point out incorrect response. Mistake means and implies :
• A instigates B a child to put poison into the food of Z. B by mistake put poison into the food of Y & Y died consequently.
• Give correct response. A instigates a child B aged 6 years to put poison into the food of C and gives him poison for that purpose. The child in consequence of the instigation, by mistake, puts the poison into the food of D who is sitting by the side of C. D dies.
• A with intention to kill her husband, purchased some poison-powder from a chemist who by mistake, dispensed plain sugar instead. She put the powder in a cup of tea and served it to her husband who drank it but did not die. Which one of the following statements is correct so far as the charge to attempt a murder is concerned?