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प्रश्न
The principle is to be applied to the given facts and to choose the most appropriate option:
Principle: Penal laws provide that whoever voluntarily has carnal intercourse against the order of nature with any man or woman, shall be punished for rape.
Facts: A Police Officer found a man engaged in carnal intercourse with an animal. The Police Officer arrested the man and produced him before the Court.
विकल्प
Court will not punish the police officer
Court will punish the police officer.
Court will not punish the man for rape.
Court will punish the man for rape.
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उत्तर
Court will not punish the man for rape.
Explanation:
According to the principle, any carnal intercourse against the order of nature with any man or woman is punishable for rape by the Court. The principle does not include the act with an animal and thus, the man will not be punished by the court.
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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.
Which of the following is true as far as the limitations of this registry are concerned?
Principle: A spouse is not permitted to put in evidence in any court, any communication during the marriage between the spouses without the consent of the person who made the communication.
Facts: X who is the wife of Y saw her husband (Y) coming out of the neighbour‘s house at 6.00 am in the morning. Y told his wife X that he has murdered the neighbour and handed over the jewellery of that neighbour to his wife.
Mark the best option:
When a person is prosecuted for committing a criminal offense, the burden of proof is on __________?
Which one of the following is not valuable security?
The Indian Penal Code come into force on
The Indian penal code 1860 extends to
If a witness makes a statement in Court, knowing it to be false, he commits the offence of
Principle: A person is liable for any damage which is the direct consequence of his/ her unlawful act, as long as the consequence could have been foreseen by a reasonable person. During a scuffle, A knocked B unconscious and then placed B at the foot of a hill at night, when the temperature was around one-degree centigrade. B suffered from hypothermia and had to be hospitalized for a week. B sues A.
Principle: Theft is robbery if in order to committing of the theft, or in committing the theft, or in carrying away or attempting to carry away property obtained by theft, the offender, for that end, voluntarily causes or attempts to cause to any person death or hurt or fear of instant death or instant hurt.
A entered B's house to take away her TV. When he was carrying the TV out of the house, he encountered B near the door. He left the TV behind and ran away.
The question contains some basic principles and fact situations in which these basic principles have to be applied. You have to select the best option.
Principle: Whoever does any act so rashly or negligently as to endanger human life or the personal safety of others is said to have committed an offense.
Facts: Mr. Mangeskar owns a Yamaha motorcycle which has very good pick up and speed. He is studying in the IV semester of Mechanical Engineering degree course. One day it was getting late for college as he woke up late in the morning. He got ready and was rushing to college so that he would not miss the class. He was riding the motor cycle at a speed of 140 km per hour in Bangalore city which was crowded. He was very good in riding the motorcycle. People who were using the road got annoyed/ scared with the way Mr. Mangeskar was riding the motorcycle.
