Advertisements
Advertisements
प्रश्न
Principle: A man is guilty of not only for what he actually does but also for the consequences of his doing.
Facts: A wanted to kill the animal of B. He saw B standing with his animal and fired a gunshot at the animal. The gunshot killed B.
विकल्प
A is guilty of killing B.
A is not guilty of killing B.
B is guilty of standing with the animal.
A did not know that the gun shot will kill B.
Advertisements
उत्तर
A is guilty of killing B.
Explanation:
A is guilty of killing B. In this case, the principle is that a man is not only guilty for what he does but also for the consequences of his doing. Here the consequence that follows is the death of B due to the action of A.
APPEARS IN
संबंधित प्रश्न
Direction: The passage given below is followed by a set of question. Choose the most appropriate answer to each question.
On May 14, the Ministry of Home Affairs issued a Request for Proposal (RFP) to select a private agency for creating a National Database of Sexual Offenders for India. The said RFP states that the purpose of establishing the database of sex offenders is to help in the early detection and prevention of crime against women, arrests of persons accused of criminal offences and to keep a watch on habitual offenders. Media reports suggest that the public will have access to the details regarding convicted sex offenders and law enforcement officials will have access to data about persons on trial for sexual offences. This registry seems to be one more knee-jerk and populist reaction to the problem of sexual violence against women and children in India.
The ministry seems to have launched this initiative without analysing the evidence on the limited efficacy of such registries in other jurisdictions in reducing rates of repeat offending and without examining its appropriateness in the Indian context. Various states in the US have had such publicly accessible registries for around 28 years and multiple studies have shown that they have limited public safety benefits and significant social costs. Sex offender registries are predicated on the assumption that convicted sex offenders have a high likelihood of committing offences after serving their sentences. This assumption is not borne out by data. In India, the percentage of recidivism among arrested persons according to data collected by the National Crime Records Bureau (NCRB) for 2016 is only 6.4%.
The registry is being proposed in response to widely-reported horrific incidents of rape. The logic seems to be that if the police have a list of offenders living in the area, investigation becomes simpler and people, especially parents, can be more vigilant if they are aware of offenders living around them. However in India, as per the NCRB data for 2016, in 94.6% of reported cases of rape against women and children, the perpetrator is known to the victim. Such a registry offers little protection from such offenders. In fact, the fear of the offender being included in the registry may exacerbate the problem of underreporting by making people apprehensive about reporting sexual violence involving family members and acquaintances.
Once the general public has unfettered access to data about sex offenders online, it can open a Pandora's Box. The fears of offenders being ostracised and vilified become very real. Among a host of foreseeable problems, they will find it particularly tough to find employment or housing. India has already witnessed cases of lynchings of people suspected to be child kidnappers. It is not paranoid to expect the public reaction to convicted offenders to be much worse. Once offenders are pushed into the margins, their access to treatment, supervision and support systems becomes diminished, which may be quite counterproductive. If the state imposes restrictions on where such offenders can live, the housing crisis they will face will be exacerbated. They may become homeless or be compelled to live in areas far from home where they may face less scrutiny. The stigma and ostracisation that such offenders will face will invariably extend to their families. Studies in the US have shown that a combination of social ostracisation, lack of psychiatric support and the inability to find a job or housing, can even increase chances of recidivism; thus, defeating the very purpose of the registry. In such circumstances, registration in such a database can turn into a 'scarlet letter' like badge of shame that can punish offenders much beyond their sentences and make their rehabilitation and reintegration into society next to impossible.
As per the National Family Health Survey (NFHS) data from 2015-2016, we know that 85% of cases of sexual violence against women, which excludes cases of marital rape and assault, go unreported. Such a registry does not begin to address this problem.
Before implementing this registry, the Ministry of Home Affairs must create a research base on recidivism among sex offenders and the risk factors and hold a much broader public debate on the need for the registry. This is not to say that sexual offences are not an urgent problem. In the Indian context, the focus needs to be shifted to tackling barriers to reporting, training law enforcement officials and providing support to survivors rather than this ill-conceived registry.
The author gives which of the following suggestions to the concerned ministry?
Mark the best option:
Capital offences result in
The Indian penal code 1860 extends to
Voluntarily' has been defined as an effect caused by means whereby a person intended to cause it or by means, at the time of employing those means, know or had reason to believe to be likely to cause it under
An accused is entitled to statutory bail (default bail) if the police failed to file the charge-sheet ___________ within of his arrest for the offence punishable with 'imprisonment up to 10 years'.
Answer the question which follows form the application of the under mentioned legal principle.
Principle: False imprisonment is a total restraint of the liberty of a person, for however short a time, without lawful excuse.
A was suspected of having committed the murder of B. C, a policeman who was investigating into B's murder saw A in a market. He went up to him, caught hold of his hand and prevented him from going anywhere.
A handed over his watch to B for safekeeping. B sells the watch to C, which he was not authorised to do. B is prosecuted for theft.
Principle: When two or more persons agree to do an illegal act, it is criminal conspiracy punishable with imprisonment.
Facts: Mr. Bharath is a student of B.E. in Computer Science. He loves his computer very much. He considers his computer as his close friend and companion. On 1.4.2006, while interacting with his computer, he hacked into the Bank account of Mr. Javed and was successful in withdrawing money from Mr. Javed's bank account. He did it to please his girlfriend.
Principle: Conspiracy is a combination between two or more persons formed for the purpose of doing either an unlawful act or a lawful act by unlawful means.
Facts: X and Y conspire to poison Z. X in pursuance of the conspiracy procures the poison and delivers it to Y in order that he may administer it to Z. Y in pursuance of the conspiracy administers the poison in the presence of X and thereby causes Z's death.
The gist of the offence of criminal conspiracy is
The question consists of legal propositions/ principles (hereinafter referred to as 'principle') and facts. These principles have to be applied to the given facts to arrive at the most reasonable conclusion.
Principle: When an act which would otherwise be a certain offence, is not that offence, by reason of the youth, the want of maturity of understanding, the unsoundness of mind or the intoxication of the person doing that act, or by reason of any misconception on the part of that person, every person has the same right of private defence against that act which he would have if the act were that offence.
Facts: 'X', under the influence of madness, attempts to kill 'Y'.
