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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.
पर्याय
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 focuses on the mistake of the Home Ministry which issued the RFP?
Which of the following is an assumption on which the Sex offender registries are predicated?
Principle: Everyone shall be permitted to take advantage of his own wrong.
Facts: A legatee was heavily drunk and driving his car at a speed of 100 Km/per hour in a crowded market. All of a sudden his testator came on the road. There were other people on the road at that time. The car driven by legatee hit the testator and four other persons. All five persons hit by the car died.
A makes an attempt to pick the pocket of B by thrusting his hand into B’s pocket. A fails in attempt in consequence of B’s having nothing in his pocket. A is guilty of–(M.P.C.J.)
General explanation defined in sec _____ of IPC
'Wrongful loss' means
Offence defined in sec _____of IPC
The effect caused partly by act and partly by an omission is
'Fraudulently' has been defined as doing anything with intent to defraud
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: Whoever with the intent to cause, or knowing that he is likely to cause wrongful loss or damage to the public or to any person, causes the destruction of property, or any such change in any property or in the situation thereof as destroys or diminishes its value or utility, of affects it injuriously, commits mischief.
A went to B's house for dinner. He saw that B had a statue made of ice, which was kept in a freezer, A removed the statue from the freezer for a few minutes, which led to the hand of the statue changing shape.
