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Facts: A, a Permanent Resident in a Foreign Country Who Never Visited India - Legal Reasoning

MCQ

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: Existence of all the alleged facts is relevant whether they occurred at the same time and place or at different times and places.

Facts: A, a permanent resident in a foreign country who never visited India, is accused of waging war against the Government of India by taking part in an armed insurrection in which property is destroyed, troops are attacked and prisons are broken open.

Options

  • The existence of all the above mentioned alleged facts is relevant

  • Only the alleged fact that A is accused of waging war against the Government of India is relevant

  • The fact that A was a permanent resident in a foreign country who never visited India is not relevant

  • Only the alleged fact of taking part by A in armed insurrection is relevant

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Solution

The existence of all the above mentioned alleged facts is relevant

Explanation:

According to the principle, the existence of all the alleged facts is relevant whether they occur at the same time and place or at different times and places. In this case, A is accused of waging war against the Government of India by taking part in an armed insurrection. Though all the events have occurred at different times and places and A has never been to India, but all the alleged facts are relevant. 

Concept: Criminal Law
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