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Question
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.
Options
X is allowed to appear as a witness in court to depose that her husband has told her that he committed a murder
X is not allowed to appear as a witness at all in any court
X is not allowed to appear as a witness to depose what was told by the husband to her, however, she can depose what she saw
X is an independent woman and she can do whatever she wants
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Solution
X is not allowed to appear as a witness to depose what was told by the husband to her, however, she can depose what she saw
Explanation:
According to the principle, a spouse is prevented from stating the communication between her and her husband without his consent. However, she is not prevented from stating what she saw.
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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 offences 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.
With reference to the above passage, which of the following will be effective in tackling the problems associated with juvenile delinquency?
1. Providing bails easily for the minor offender
2. Giving the minor offender a proper right to privacy
3. Providing services which are parallel to the criminal justice system
4. Making sure that the offender is not unnecessarily imprisoned.
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
Mark the best option:
Principle:
- Every person has a right to defend his own body, and the body of any other person, against any offence affecting the human body.
- The right of private defence in no case extends to inflicting more harm than necessary for the purpose of defence.
Facts: Rajendra, a police inspector; saw two men on motorbikes; one armed with a stick and the other armed with a scythechasing a boy and warned them to stop harassing the boy however they continued pursuing the boy. Rajendra who was carrying a loaded revolver (and nothing else) shot the man carrying a stick on head thereby killing him instantly and the other carrying a scythe on his legs causing him to fall down. Decide Rajendra's liability based on the facts mentioned above.
Decide Rajendra's liability based on the facts mentioned above.
Mark the best option:
Capital offences result in
Common Intention means
The certificates which are found as forged for being admitted in the college could be described as a valuable security
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: Whoever intentionally puts any person in fear of any injury to that person, or to any other, and thereby dishonestly induces that person so put in fear to deliver to any person any property, commits extortion.
A entered B's house, caught hold of B, S daughter C and threatened to stab her if A did not give him ₹10,000 immediately. B did so. A is prosecuted for extortion.
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?
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.
The gist of the offence of criminal conspiracy is
