Question 62
'E-commerce has adversely affected consumer protection in India.' Elucidate.
Consumer and Professional Liability
Source reference: UPSC Law Optional 2019, Paper II, Q1(e), source page 120.
Direct link to this questionUPSC Law Optional, Paper I and II
Criminal Law and Law of Torts UPSC Law Optional PYQs, Page 3
UPSC Law Optional Criminal Law and Law of Torts previous year questions 62-91 of 306, arranged for doctrine revision, case-law planning, and answer writing.
306 questions62-91 on this page10 pages
Answer-writing coverage
What this archive covers
general principles of crime, specific offences, negligence, strict liability, nuisance, defamation, and civil remedies.
Question 63
Critically examine with the help of case law the statement that 'mere interference with the plaintiff's property and personal discomfort caused to the plaintiff is sufficient to constitute an actionable nuisance.'
Nuisance and Property Interference
Source reference: UPSC Law Optional 2019, Paper II, Q2(a), source page 120.
Direct link to this questionQuestion 64
Recent judicial decisions on Section 498A of the Indian Penal Code, 1860 have changed the spirit of the provision. Explain with reference to judicial pronouncements.
Offences Against Women and Children
Source reference: UPSC Law Optional 2019, Paper II, Q2(b), source page 120.
Direct link to this questionQuestion 65
Elucidate the relationship between culpable homicide, murder, and hurt with the help of relevant legal provisions and case law.
Homicide and Defences
Source reference: UPSC Law Optional 2019, Paper II, Q2(c), source page 120.
Direct link to this questionQuestion 66
X, suspecting that an iron box contains valuables, broke open the lock and found it to be empty. Later, on the same day, X broke open the cashbox of Y and removed currency notes of Rs. 10,000. Y saw X running away. X, fearing detection, assaulted Y. Determine the offences committed by X.
General Principles of Criminal Liability
Source reference: UPSC Law Optional 2019, Paper II, Q3(a), source page 120.
Direct link to this questionQuestion 67
The basic spirit of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, which was diluted by the judiciary in Kashinath Mahajan v. Union of India, has been restored by the legislature. Examine.
Social and Special Penal Statutes
Source reference: UPSC Law Optional 2019, Paper II, Q3(b), source page 120.
Direct link to this questionQuestion 68
Elaborate the problems of causation arising from successive events in the law of torts with the help of decided cases.
Negligence and Duty of Care
Source reference: UPSC Law Optional 2019, Paper II, Q3(c), source page 120.
Direct link to this questionQuestion 69
'A goldsmith should exercise the same care as a skilful surgeon.' Elaborate the different standards of care required in different circumstances in the law of negligence.
Negligence and Duty of Care
Source reference: UPSC Law Optional 2019, Paper II, Q4(a), source page 120.
Direct link to this questionQuestion 70
'Mere physical obstruction is not an essential requirement to constitute the tort of false imprisonment - psychological boundaries too are enough.' Examine with the help of decided cases.
Criminal Law and Law of Torts - General
Source reference: UPSC Law Optional 2019, Paper II, Q4(b), source page 120.
Direct link to this questionQuestion 71
'An attack on the chastity of a woman by spoken words is an actionable wrong without proof of special damage.' Examine under the law of tort.
Criminal Law and Law of Torts - General
Source reference: UPSC Law Optional 2019, Paper II, Q4(c), source page 120.
Direct link to this questionQuestion 72
Whether the maxim "actus non facit reum nisi mens sit rea" in general and the Common Law doctrine of "mens rea" as an independent doctrine in particular are relevant in the interpretation of provisions of the Indian Penal Code? Explain the above in the light of justice opinions and judicial pronouncements.
Criminal Law and Law of Torts - General
Source reference: UPSC Law Optional 2018, Paper II, Q1(a), source page 108.
Direct link to this questionQuestion 73
Ritically examine the development of the law relating to remoteness of damages. Which test do you prefer for deciding the question of remoteness of damages and why? Give reasons for your answer.
Tort Remedies and Damages
Source reference: UPSC Law Optional 2018, Paper II, Q1(b), source page 108.
Direct link to this questionQuestion 74
In view of the consistent opinion rendered in Aruna Shanbaug case and also considering the socio-legal medical and constitutional significance of Euthanasia, do you consider that the view expressed by the Constitutional Bench of Supreme Court in Common Cause (Architecture Regd. Society) vs. Union of India (2018) is conclusive? Common critically.
Criminal Law and Law of Torts - General
Source reference: UPSC Law Optional 2018, Paper II, Q1(c), source page 108.
Direct link to this questionQuestion 75
The paramount task of the law of torts is to pay an important regulatory role in the adjustment of losses and eventuate allocation of their cost and that until the emergence of the welfare state, the law of torts provided the only source for alternating the plight of the injured." In the light of the above statement, discuss the nature and scope of law of torts and substantiate your answer with leading case law. Also discuss the position in India.
Criminal Law and Law of Torts - General
Source reference: UPSC Law Optional 2018, Paper II, Q1(d), source page 108.
Direct link to this questionQuestion 76
Right of private defence to the extent of causing death of an assailant cannot be based on the surmises and speculation. The accused must be under a bonafide fear of death or grievous hurt would otherwise be the consequence of the assault, if he does not defend. To determine the existence of apprehension is always a question of fact." Explain the above proposition in the light of existing legal provisions and judicial decisions.
Homicide and Defences
Source reference: UPSC Law Optional 2018, Paper II, Q1(e), source page 108.
Direct link to this questionQuestion 77
Section 300 (4) of the Indian Penal Code will be applicable in cases where the knowledge of the offender as to the probability of death of a person approximates to practical certainty." Illustrate the above statement. 20.
Criminal Law and Law of Torts - General
Source reference: UPSC Law Optional 2018, Paper II, Q2(a), source page 108.
Direct link to this questionQuestion 78
Explain the maxim "volenti non fit injuria". Is knowledge of risk the same thing as consent to suffer the risk? Support your answer with judicial pronouncements.
Criminal Law and Law of Torts - General
Source reference: UPSC Law Optional 2018, Paper II, Q2(b), source page 108.
Direct link to this questionQuestion 79
Group of persons decided to act in concert with common intention to commit rape on victim (V). More than one person from the group, in furtherance of common intention, acted in concert in the commission of rape as per pre-arranged plan. One lady member of the group facilitated the commission of such rape by many persons of the group. The essence of liability in such situation being the existence of common intention. Decide the criminal liability of the following members of the group (i) Who were members of the plan but did not participate in the act (ii)Who committed rape (iii) The sole lady member who lend full facilities for the commission of rape.
General Principles of Criminal LiabilityOffences Against Women and Children
Source reference: UPSC Law Optional 2018, Paper II, Q2(c), source page 108.
Direct link to this questionQuestion 80
Six people decided to carry out dacoity of a bank in a village. They went to the bank to commit it, but were intercepted by police. All of them ran away. While the police was chasing them, one of the dacoits (X) killed Mr. Y. who tried to obstruct his way. Decide liability for the murder committed by one of them in view of Sections 391 and 396 of the Indian Penal Code. 15.
Homicide and Defences
Source reference: UPSC Law Optional 2018, Paper II, Q3(a), source page 108.
Direct link to this questionQuestion 81
A master is liable for all acts of his servant done during the course of employment." Explain it in general and from Indian perspective in particular. 15.
Criminal Law and Law of Torts - General
Source reference: UPSC Law Optional 2018, Paper II, Q3(b), source page 108.
Direct link to this questionQuestion 82
Orruption by public servants has become gigantic problem. Large scale corruption retards the nation-building activities and everyone has to suffer on their count. The efficiency of public servant would improve only when the public servant does his duty truthfully and honestly. Therefore, in such cases, it is difficult to accept any plea of leniency in sentence (State of MP Vs. Shambhu Dayal Nagar (2006) 8 SCC 693). Comment. 20.
Social and Special Penal Statutes
Source reference: UPSC Law Optional 2018, Paper II, Q3(c), source page 108.
Direct link to this questionQuestion 83
Plea bargaining in India is the truncated one, as it is applicable to sentence only and not to the charge. Equally it is a court-monitored procedure, except that it provides a clause related to compensation to the victim." Critically analyse the retention of such provision in the Indian Criminal Justice dispensation. Also suggest reforms, if any you understand are necessary. 15.
Criminal Law and Law of Torts - General
Source reference: UPSC Law Optional 2018, Paper II, Q4(a), source page 114.
Direct link to this questionQuestion 84
Rule of absolute liability has been expounded by the apex court in M. C. Mehta" s vs Union of India." How far is it a reform over the rule of strict liability? Comment. 15.
Strict and Absolute Liability
Source reference: UPSC Law Optional 2018, Paper II, Q4(b), source page 114.
Direct link to this questionQuestion 85
For fixing criminal liability of a doctor under Section 304-A of the Indian Penal Code, it is necessary to prove that the act complained against the doctor must show such rashness or negligence of such higher degree as to indicate mental state which can be described as totally apathetic towards patient. Such gross negligence alone is punishable." In the light of the latest judicial pronouncement, explain the above statement. 20.
Criminal Law and Law of Torts - General
Source reference: UPSC Law Optional 2018, Paper II, Q4(c), source page 114.
Direct link to this questionQuestion 86
If an officer with an intelligence of the Government receives a cheque for consideration on the basis of an agreement to pass on intelligence inputs, can such cheque be enforceable under Section 138 of the Negotiable Instruments Act, 1881? Discuss the scope of the legally enforceable liability of the drawer under Sections 138 and 139 of the Act. 20.
Property, Document and Financial Offences
Source reference: UPSC Law Optional 2018, Paper II, Q7(a), source page 108.
Direct link to this questionQuestion 87
Law recognizes that 'mistake' must be in good faith." In this backdrop, explain the defence of 'mistake' contained under General Exceptions of the Penal Code.
General Principles of Criminal Liability
Source reference: UPSC Law Optional 2017, Paper II, Q1(a), source page 103.
Direct link to this questionQuestion 88
In all robbery, there is either theft or extortion. Explain.
Criminal Law and Law of Torts - General
Source reference: UPSC Law Optional 2017, Paper II, Q1(b), source page 103.
Direct link to this questionQuestion 89
Law of torts is said to be a development of the maxim 'Ubi jus ibi remedium'." Discuss the statement.
Criminal Law and Law of Torts - General
Source reference: UPSC Law Optional 2017, Paper II, Q1(c), source page 103.
Direct link to this questionQuestion 90
Explain 'necessity' as a defence for the liability of tort and also mention the classes of necessity.
Criminal Law and Law of Torts - General
Source reference: UPSC Law Optional 2017, Paper II, Q1(d), source page 103.
Direct link to this questionQuestion 91
The object of the Protection of Civil Rights Act, 1955 is to abolish untouchability." Discuss.
Social and Special Penal Statutes
Source reference: UPSC Law Optional 2017, Paper II, Q1(e), source page 103.
Direct link to this question