UPSC Law Optional, Paper I and II

Criminal Law and Law of Torts UPSC Law Optional PYQs, Page 2

UPSC Law Optional Criminal Law and Law of Torts previous year questions 31-61 of 306, arranged for doctrine revision, case-law planning, and answer writing.

306 questions31-61 on this page10 pages

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Answer-writing coverage

What this archive covers

general principles of crime, specific offences, negligence, strict liability, nuisance, defamation, and civil remedies.

Paper I source PDF Paper II source PDF Related law MCQs

2021Paper IIQ1(a)Section A

Question 31

What amounts to 'Legal Insanity' that would entitle an accused for exemption from Criminal Liability?

General Principles of Criminal Liability

Source reference: UPSC Law Optional 2021, Paper II, Q1(a), source page 132.

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2021Paper IIQ1(b)Section A

Question 32

Discuss 'Grave and Sudden Provocation' as a defence to charge of murder under IPC, 1860?

Homicide and Defences

Source reference: UPSC Law Optional 2021, Paper II, Q1(b), source page 132.

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2021Paper IIQ1(c)Section A

Question 33

Explain the concept of Plea-bargaining under the Cr. P. C. 1973. In what cases Plea-bargaining is not available?

Criminal Law and Law of Torts - General

Source reference: UPSC Law Optional 2021, Paper II, Q1(c), source page 132.

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2021Paper IIQ1(d)Section A

Question 34

Discuss the ambit & scope of 'consumer' as defined under the Consumer Protection Act, 2019.

Consumer and Professional Liability

Source reference: UPSC Law Optional 2021, Paper II, Q1(d), source page 132.

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2021Paper IIQ1(e)Section A

Question 35

What constitutes Malicious Prosecution'? How it is different from 'False Imprisonment'?

Nuisance and Property InterferenceTort Remedies and Damages

Source reference: UPSC Law Optional 2021, Paper II, Q1(e), source page 132.

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2021Paper IIQ2(a)Section A

Question 36

Has 'Attempt' been defined anywhere in the IPC, 1860? What are the various tests for determining, whether an act amounts to preparation or attempt to commit an offence? Explain with the help of relevant case laws.

Criminal Law and Law of Torts - General

Source reference: UPSC Law Optional 2021, Paper II, Q2(a), source page 132.

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2021Paper IIQ2(b)Section A

Question 37

Differentiate between the following: [i]. 'Kidnapping' and 'Abduction' [ii] 'Riot' and 'Affray' [iii] "Criminal Breach of Trust' and 'Dishonest Misappropriation of property".

Criminal Law and Law of Torts - General

Source reference: UPSC Law Optional 2021, Paper II, Q2(b), source page 132.

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2021Paper IIQ2(c)Section A

Question 38

Who are the various kinds of damages that a plaintiff can avail as a remedy under the laws of Torts? Under what circumstances can prospective damages be awarded?

Tort Remedies and Damages

Source reference: UPSC Law Optional 2021, Paper II, Q2(c), source page 132.

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2021Paper IIQ3(a)Section A

Question 39

From 'mathura' to 'Nirbhaya' and beyond, discuss the development of rape laws in India?

Offences Against Women and Children

Source reference: UPSC Law Optional 2021, Paper II, Q3(a), source page 132.

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2021Paper IIQ3(b)Section A

Question 40

Explain the liability of 'Joint Tort Feasors' for a wrongful Act. How is it different from the liability of 'Independent Tortfeasors'?

Criminal Law and Law of Torts - General

Source reference: UPSC Law Optional 2021, Paper II, Q3(b), source page 132.

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2021Paper IIQ3(c)Section A

Question 41

In an action for negligence, What does the plaintiff need to establish in order to affix civil liability of defendant.? What does it take for the maxim 'res ipsa loquitor' to apply?

Negligence and Duty of Care

Source reference: UPSC Law Optional 2021, Paper II, Q3(c), source page 132.

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2021Paper IIQ4(a)Section A

Question 42

Discuss the evolution and development of rule relating to ' No fault liability' in India with help of decided cases.

Criminal Law and Law of Torts - General

Source reference: UPSC Law Optional 2021, Paper II, Q4(a), source page 132.

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2021Paper IIQ4(b)Section A

Question 43

What are the defences available to an accused in a civil suit for defamation'? Explain.

Tort Remedies and Damages

Source reference: UPSC Law Optional 2021, Paper II, Q4(b), source page 132.

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2021Paper IIQ4(c)Section A

Question 44

Recently there have been changes in Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989. Enumerate.

Criminal Law and Law of Torts - General

Source reference: UPSC Law Optional 2021, Paper II, Q4(c), source page 132.

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2020Paper IIQ1(a)Section A

Question 45

If a person who voluntarily consumed intoxicating liquor commits an offence while under the influence of such intoxication, can he plead 'voluntary intoxication' as a defence? Discuss in the light of relevant provisions of the Indian Penal Code.

Criminal Law and Law of Torts - General

Source reference: UPSC Law Optional 2020, Paper II, Q1(a), source page 126.

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2020Paper IIQ1(b)Section A

Question 46

If a person takes the image of another woman engaging in a private act, while not being observed by any other person, does that amount to the offence of 'voyeurism' under the Indian Penal Code? Discuss.

Offences Against Women and Children

Source reference: UPSC Law Optional 2020, Paper II, Q1(b), source page 126.

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2020Paper IIQ1(c)Section A

Question 47

Is it mandatory to obtain previous sanction for prosecuting a public servant for offences under the Prevention of Corruption Act, 1988? Discuss in the light of recent decisions of the Supreme Court.

Social and Special Penal Statutes

Source reference: UPSC Law Optional 2020, Paper II, Q1(c), source page 126.

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2020Paper IIQ1(d)Section A

Question 48

'Public nuisance does not create a civil cause of action for any person.' Discuss.

Nuisance and Property Interference

Source reference: UPSC Law Optional 2020, Paper II, Q1(d), source page 126.

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2020Paper IIQ1(e)Section A

Question 49

'The common cases of vicarious liability relate to a servant driving his vehicle in the course of his employer's business.' Explain in the light of decided cases.

Criminal Law and Law of Torts - General

Source reference: UPSC Law Optional 2020, Paper II, Q1(e), source page 126.

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2020Paper IIQ2(a)Section A

Question 50

'The definition of murder under Section 300 of the Indian Penal Code is very wide. It includes not only intentional but also unintentional causing of death where death is not even foreseen.' Explain with illustrations and decided cases.

Criminal Law and Law of Torts - General

Source reference: UPSC Law Optional 2020, Paper II, Q2(a), source page 127.

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2020Paper IIQ2(b)Section A

Question 51

'The expression measures of damages means the scale or rule by reference to which the amount of damages is to be recorded and assessed.' In the light of this statement, examine the changing contours of damages in the law of torts.

Tort Remedies and Damages

Source reference: UPSC Law Optional 2020, Paper II, Q2(b), source page 126.

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2020Paper IIQ2(c)Section A

Question 52

Does the Indian Penal Code provide for imposition of constructive criminal liability? Discuss with reference to Sections 34 and 149.

General Principles of Criminal Liability

Source reference: UPSC Law Optional 2020, Paper II, Q2(c), source page 126.

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2020Paper IIQ3(a)Section A

Question 53

Although capital punishment is not abolished in India, the recent trend of the Supreme Court in appeals is to modify the death sentence and commute it to life imprisonment with a direction that the convict must not be released from prison before serving a minimum specified period. Do you think the Court is justified in adopting this approach? Discuss.

Consumer and Professional Liability

Source reference: UPSC Law Optional 2020, Paper II, Q3(a), source page 127.

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2020Paper IIQ3(b)Section A

Question 54

Critically examine the Consumer Protection Act, 2019 and distinguish it from the Consumer Protection Act, 1986.

Consumer and Professional Liability

Source reference: UPSC Law Optional 2020, Paper II, Q3(b), source page 126.

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2020Paper IIQ3(c)Section A

Question 55

Explain the concept of privilege in the law of defamation with the help of decided cases.

Criminal Law and Law of Torts - General

Source reference: UPSC Law Optional 2020, Paper II, Q3(c), source page 126.

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2020Paper IIQ4(b)Section A

Question 56

'Mere proof of the presence of both actus reus and mens rea is not sufficient - the concurrence of the two also needs to be established to impose criminal liability.' Elucidate in the light of case law.

General Principles of Criminal Liability

Source reference: UPSC Law Optional 2020, Paper II, Q4(b), source page 126.

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2020Paper IIQ4(c)Section A

Question 57

'The Crown immunity rule, which protected the State from tortious liability, has been considerably eroded in India.' Critically examine.

Criminal Law and Law of Torts - General

Source reference: UPSC Law Optional 2020, Paper II, Q4(c), source page 126.

Direct link to this question

2019Paper IIQ1(a)Section A

Question 58

Even without mens rea, there are certain acts which are offences under the Indian Penal Code, 1860. Enumerate such offences.

General Principles of Criminal Liability

Source reference: UPSC Law Optional 2019, Paper II, Q1(a), source page 120.

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2019Paper IIQ1(b)Section A

Question 59

Right to private defence under the Indian Penal Code, 1860 is available only to an innocent person. It is not a right to retribution. Analyze.

Consumer and Professional Liability

Source reference: UPSC Law Optional 2019, Paper II, Q1(b), source page 120.

Direct link to this question

2019Paper IIQ1(c)Section A

Question 60

'Act done by me against my will, is not my act.' Examine in the light of the legal provisions of the Indian Penal Code, 1860.

General Principles of Criminal Liability

Source reference: UPSC Law Optional 2019, Paper II, Q1(c), source page 120.

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2019Paper IIQ1(d)Section A

Question 61

'Pigeonhole theory' in the law of torts holds no justification now. Critically examine.

Criminal Law and Law of Torts - General

Source reference: UPSC Law Optional 2019, Paper II, Q1(d), source page 120.

Direct link to this question

What this archive covers

What amounts to 'Legal Insanity' that would entitle an accused for exemption from Criminal Liability?

Discuss 'Grave and Sudden Provocation' as a defence to charge of murder under IPC, 1860?

Explain the concept of Plea-bargaining under the Cr. P. C. 1973. In what cases Plea-bargaining is not available?

Discuss the ambit & scope of 'consumer' as defined under the Consumer Protection Act, 2019.

What constitutes Malicious Prosecution'? How it is different from 'False Imprisonment'?

Has 'Attempt' been defined anywhere in the IPC, 1860? What are the various tests for determining, whether an act amounts to preparation or attempt to commit an offence? Explain with the help of relevant case laws.

Differentiate between the following: [i]. 'Kidnapping' and 'Abduction' [ii] 'Riot' and 'Affray' [iii] "Criminal Breach of Trust' and 'Dishonest Misappropriation of property".

Who are the various kinds of damages that a plaintiff can avail as a remedy under the laws of Torts? Under what circumstances can prospective damages be awarded?

From 'mathura' to 'Nirbhaya' and beyond, discuss the development of rape laws in India?

Explain the liability of 'Joint Tort Feasors' for a wrongful Act. How is it different from the liability of 'Independent Tortfeasors'?

In an action for negligence, What does the plaintiff need to establish in order to affix civil liability of defendant.? What does it take for the maxim 'res ipsa loquitor' to apply?

Discuss the evolution and development of rule relating to ' No fault liability' in India with help of decided cases.

What are the defences available to an accused in a civil suit for defamation'? Explain.

Recently there have been changes in Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989. Enumerate.

If a person who voluntarily consumed intoxicating liquor commits an offence while under the influence of such intoxication, can he plead 'voluntary intoxication' as a defence? Discuss in the light of relevant provisions of the Indian Penal Code.

If a person takes the image of another woman engaging in a private act, while not being observed by any other person, does that amount to the offence of 'voyeurism' under the Indian Penal Code? Discuss.

Is it mandatory to obtain previous sanction for prosecuting a public servant for offences under the Prevention of Corruption Act, 1988? Discuss in the light of recent decisions of the Supreme Court.

'Public nuisance does not create a civil cause of action for any person.' Discuss.

'The common cases of vicarious liability relate to a servant driving his vehicle in the course of his employer's business.' Explain in the light of decided cases.

'The definition of murder under Section 300 of the Indian Penal Code is very wide. It includes not only intentional but also unintentional causing of death where death is not even foreseen.' Explain with illustrations and decided cases.

'The expression measures of damages means the scale or rule by reference to which the amount of damages is to be recorded and assessed.' In the light of this statement, examine the changing contours of damages in the law of torts.

Does the Indian Penal Code provide for imposition of constructive criminal liability? Discuss with reference to Sections 34 and 149.

Critically examine the Consumer Protection Act, 2019 and distinguish it from the Consumer Protection Act, 1986.

Explain the concept of privilege in the law of defamation with the help of decided cases.

'Mere proof of the presence of both actus reus and mens rea is not sufficient - the concurrence of the two also needs to be established to impose criminal liability.' Elucidate in the light of case law.

'The Crown immunity rule, which protected the State from tortious liability, has been considerably eroded in India.' Critically examine.

Even without mens rea, there are certain acts which are offences under the Indian Penal Code, 1860. Enumerate such offences.

Right to private defence under the Indian Penal Code, 1860 is available only to an innocent person. It is not a right to retribution. Analyze.

'Act done by me against my will, is not my act.' Examine in the light of the legal provisions of the Indian Penal Code, 1860.

'Pigeonhole theory' in the law of torts holds no justification now. Critically examine.

Other Law Optional subjects