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प्रश्न
Principle: Oral evidence must always be direct i.e. of the person who says he saw the event and hearsay evidence is no evidence.
Facts: X was told by Y (whom X trusts) that Z has murdered A.
विकल्प
Statement of X is admissible
Statement of X is not admissible because he has not seen Z murdering A
Statement of X is admissible because he trusts Y and Y never tells a lie
Statement of X is admissible because he is a renowned social activist and has a huge reputation to fight for the truth
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उत्तर
Statement of X is not admissible because he has not seen Z murdering A
Explanation:
Statement of X is not admissible because he has not seen Z murdering A. It is clearly stated in the principle that oral evidence must be direct. It means X must state only what X saw not what X heard from someone. X has not seen Z murdering A. X has only heard it from Y. Therefore, X’s statement cannot be admissible.
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संबंधित प्रश्न
Direction : The passage given below is followed by a set of questions. Choose the most appropriate answer to each question.
Juvenile delinquency is defined as "the habitual committing of criminal acts or offenses by a young person, especially one below the age at which ordinary criminal prosecution is possible." These acts are committed mostly by teenagers, cumulative in today's civilization, which is a very concerning matter and cannot be snubbed. The more concerning matter is that generations of youth are believed to be the future of the world. Their behavior shows how tomorrow's future will be.
Juvenile delinquency has become a major problem, and only by addressing the basics can it be tackled. Attention towards co-curricular activities should be given to mold the child in the right and engaging way. The more he is forced to obey rules at school, diktats at home, mores of the society, the more he will escape to criminal acts in order to vent out his frustration. Forcing him will only make him hate it all. Hence, the approach should be to make exercises of discipline, etiquette, and moral sense interesting. This is where cocurricular activities come into play.
Juvenile offenders have the same set of constitutional guarantees as an adult, such as a fair trial. But very often, adult offenders are able to secure bail faster than a juvenile offender. Merely because the juvenile is not punished, it can in no way take away his/her constitutional guarantees of liberty. The only difference is that, unlike adult offenders, the state must protect, and ultimately rehabilitate, juvenile offenders. But protection cannot become custody. Also, the statute stresses on privacy as a right for the juvenile offender. But in the garb of privacy, there is very little effort for scrutiny and transparency in the process. The statute focuses on necessary infrastructure with significant involvement of informal systems, specifically the family, voluntary organizations, and the community, to provide a system separate from the criminal justice system. For this to become a reality, we must build effective linkages between districts and states, among various government agencies in association with child rights groups, along with effective legal services for the children and their families. Otherwise, juvenile justice will become a poor copy of the criminal justice system, only hardening the children caught in it.
Therefore, the Juvenile Justice law should address the issues relating to children alleged and found to be in conflict with law and children in need of care and protection by catering to their basic needs through proper care, protection, development, treatment, social re-integration, by adopting a child-friendly approach in the adjudication and disposal of matters in the best interest of children and for their rehabilitation through processes provided, and institutions and bodies established.
By addressing the basics issues the problem of Juvenile delinquency can be tackled…hereby basics, the author refers to
Escape from confinement negligently suffered by a public servant is dealt under :
Public servant denotes a person under the followings
The certificates which are found as forged for being admitted in the college could be described as a valuable security
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 driving down a road heading to her house. As she reached close to her house, she found that a few people led by B, protesting against an unfair law had blocked the road. There was no alternate road to her house and hence she was stuck there for around 5 minutes.
Principle: When a criminal act is done by one person in furtherance of the common intention of himself and some other persons, each of such person is liable for the act in the same manner as if it were done by each one of them.
A B and C decided to commit burglary. They broke into a locked house. However, before they had finished their work, a domestic servant appeared from the out-house and started shouting. A B and C left the house and started running away. They were pursued by a small crowd. A, on being caught by X, one of the persons pursuing them, stabbed him and ran away. By the time B and C had disappeared. X died on account of the stab wounds. Later, the police arrested all three. They were charged for attempted burglary and murder of X.
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.
Suppose X &Y were apprehended by A before administering poison to Z. What is the offense committed by X & Y?
The question consists of two statements, one labelled as PRINCIPLE and other as FACT. You are to examine the principle and apply it to the given facts carefully and select the best option.
Principle: Willful rash driving is an offense.
Facts: Mr. Tiwari was driving his car after drinking alcohol. Police booked him for willful negligent driving. Is the act of the police lawful?
