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Assertion: Attempt to Commit an Offence Enough Does Not Result in Any Harm Should Also Be Punished

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Question

The question consists of two statements, one labelled as Assertion (A) and other as Reason (R).
You are to examine the two statements carefully and select the best option.

Assertion: Attempt to commit an offence enough does not result in any harm should also be punished

Reason: A person who tries to cause prohibited harm and fails, is, in terms of moral culpability, not materially different from the person who tries and succeeds.

Options

  • Both A and R are individually true and R is correct explanation to A

  • Both A and Rare individually true but R is not correct explanation of A

  • A is true but R is false

  • A is false but R is true

MCQ
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Solution

Both A and R are individually true and R is correct explanation to A

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Study of Law (Entrance Exams)
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2014-2015 (May) Set 1

RELATED QUESTIONS

Direction : The passage given below is followed by a set of question. Choose the most appropriate answer to each question.

In India the Food Safety and Standards Authority of India (FSSAI) is the apex food regulator. It is empowered by and functions under the Ministry of Health and Family Welfare, Government of India. The FSSAI implements and enforces food regulations as prescribed in the Food Safety and Standards Act, 2006 (FSS Act). The FSS Act is an Act of Parliament, popularly known as the Food Act. Previous to the FSS Act there were a number of food legislations. All these have been consolidated into a homogenous whole in the FSS Act. The regulations of the FSS Act became effective in 2011 with FSSAI as its regulatory body. Though the Act continues to evolve it needs to be further harmonized with standards of international agencies for global parity.

New Draft Regulations have been formulated by FSSAI. Of special interest is Section 22 of the FSS Act, which deals with "Nutraceuticals, Functional Foods, Novel Foods and Health Supplements." For the first time regulations have been proposed for this category of foods. If these products propound nutritional or medicinal benefits they need to have sound scientific evidence. The products must not contain either steroids or psychotropic drugs. Ingredients like vitamins and minerals must conform to the recommended dietary allowances for Indians, as proposed by the Indian Council of Medical Research.

Organic and Traditional foods also do not require product approval as they are being consumed for centuries in India. The ingredients and preparation methods are well known and this guarantees their safety. If, however, traditional and organic foods use any new ingredients or food additive or new technologies in preparation, they need product approval.

Foods Imported into India have to follow the FSS Act, Rules & Regulations If the food articles are standardized, the importer only needs an FSSAI license to import them. The importer also needs to comply with FSSAI regulations for sale and distribution of the food products.

The existing process of product approval for the food articles governed under Section 22 of the FSS Act has been discontinued as updated on August 26, 2015 by FSSAI in response to the ruling by Honorable Supreme Court of India. The regulations on such food products are expected soon and the product approval may be reintroduced through a regulation.

These are exciting times for food safety regulations in India. The recent proposals mentioned in the new Draft Regulations will soon be finalized to become the new Food Safety and Standards Regulations, 2015. They will provide new directives in areas such as nutraceuticals and health supplements, which is the need of the hour as these are becoming popular food categories. Standardization for thousands of foods is on the anvil. Food business operators are certainly anticipating some positive changes in food regulations, which could ease product approval process and food operations.

A harmonization of Indian food standards with global standards is a step in the right direction.

Which one of the following is the most important implication of the above passage?


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. Such principles may or may not be true in the real sense, yet you have to conclusively assume them to be true. In other words, in answering the following question, you must not rely on any principles except the principle that is given hereinbelow for the question. Further, you must not assume any facts other than those stated in the question. The objective of this section is to test your interest in the study of law, research aptitude, and problem-solving ability.

Principle: A person is said to be of sound mind for the purpose of making a contract if, at the time, when he makes it, he is capable of understanding it and of forming a rational judgment as to its effect upon his interest.

Facts: X, who is usually of sound mind but occasionally of unsound mind enters into a contract with Y when he (X) is of unsound mind. Y came to know about this fact afterward and now wants to file a suit against X.


The question consists of two statements, one labelled as principle and other as Fact. You are to exa.mine the principle and apply it to the given facts carefully and select the best option.

PRINCIPLE: "Nobody shall unlawfully interfere with a person's use or enjoyment of land, 0( some right over, or in connection with it. The use or enjoyment, envisaged herein, should be normal and reasonable taking into account surrounding Situation.

FACT: jeevan and Pavan were neighbors in a residential locality. Pavan started a typing class in a part of his house and his typing sound disturbed jeevan who could not put up with any kind of continuous noise. He filed a suit against Pavan.


Principle: Nothing is an offence, which is done by accident or misfortune, and without any criminal intention or knowledge in the doing of a lawful act in a lawful manner by lawful means and with proper care and caution.

Facts: 'A' takes up a gun, not knowing whether it is loaded or not, points it playfully at 'B' and pulls the trigger. Consequently, 'B' falls dead.


Legal phrase is followed by four meanings. Choose the most appropriate option:

Caveat venditor


Legal phrase is followed by four meanings. Choose the most appropriate option:

Per incuriam


Legal phrase is followed by four meanings. Choose the most appropriate option:

Pari passu


Examine the Statement and Conclusions given below and choose a suitable answer from the options given:

Statement: Necessity knows no law.

Conclusions:

1. The act of a captain throwing some cargo into the ocean to save the ship from sinking is justified by the principle.
2. The act of a man out of poverty and starvation stealing some food from a hotel is justified by the principle.
3. The act of a tourist killing a tiger when it was attacking a villager is justified by the principle.


In ‘quid-pro-quo’, quo stands for


In the case of railways, a person nominated by the _______________ for the specified area shall be liable for the payment of the wage to the employees.


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