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Question
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.
Options
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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Solution
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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Direction : The passage given below is followed by a set of question. 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.
Choose the option that best captures the essence of the text
Mark the best option:
Facts: Ram’s father and Rizvi were enemies. One day at the market Rizvi attacked Ram's father with a lathi. Ram’s father suffered a simple injury on his head. On seeing this Ram got hold of a gun and shot Rizvi in the head, in order to protect his father. The police arrested Ram and charged him with culpable homicide.
Principle:
- The law recognizes an individual’s right to defend himself and his family and his property against any unlawful acts.
- The person defending himself should not do more harm than is necessary, that is to say, that the force used to defend should be proportionate to the force used by the aggressor.
Making preparation to commit dacoity is punishable in the Indian Penal Code 1860 under –
Abetting the commission of suicide is dealt under :
'Wrongful loss' means
The effect caused partly by act and partly by an omission is
X, the servant of Y, takes a hundred rupee note fro Y's pocket and hides it under the carpet in the houses of Y, X tells Z another servant of Y, about the currency note and both, agree to share the money when the currency note is taken by X from the hiding place. Before X could recover the note, it was found by Y. Decide if an offence was committed and if so who committed the offence?
X, a shopkeeper, leaves a sealed 5 kilogram bag of a branded wheat flour at the door of Y with a note you will like this quality wheat flour and pay Rupees 100 for this bag' without being asked to do so. Y on coming back collects the bag from his door, opens the seal of the bag, and uses a quarter of kilograms for making chapattis (unleavened bread). But next day returns the bag. Is he bound to pay for the bag? He is
Principle: Whoever intending to take dishonestly (with an intention to cause wrongful loss to another or wrongful gain to himself) any moveable property without that person's consent, moves that property in order to such taking is said to commit theft. (Common for Q. No. 18 and 19) A had lent his watch to B for a period of a month. Two days after he had done so, he walked into B's office to find the watch on B's table. He decided to take the watch back. A was prosecuted for theft.
Principle: Contributory negligence in an accident is a defense to a charge in criminal law.
Facts: X, the deceased was negligently crossing the busy road at Cannaught Place in Delhi while Y's car hit him resulting in the death of X. What is the liability of Y?
