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प्रश्न
Principle: Anyone who induces or attempts to induce a voter to vote in a particular manner on the ground that the voter will face divine displeasure, shall be guilty of the offence of interfering with the free exercise of the right to vote.
Facts: During the election campaign period one candidate X told the voters that if they do not vote for her, voters will be cursed because the election candidate is God‘s own child and those who do not vote for her, will not be liked by God.
विकल्प
X has committed an offence
X has not committed an offence because she only narrated what she felt
X has not committed an offence because she has freedom of speech and expression
X has not committed an offence because she did not compel anyone to vote for her
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उत्तर
X has committed an offense
Explanation:
X has committed an offense because the principle is clear that anyone who induces or attempts to induce a voter to vote in a particular manner on the ground that the voter will face divine displeasure commits the offense of interfering with the free exercise of the right to vote.
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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 an 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, every person has the same right of private defence against that act, which he would have if the act were that offence. Nothing is an offence which is done in the exercise of the right of private defence.
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