UPSC Law Optional, Paper I and II

Criminal Law and Law of Torts UPSC Law Optional PYQs, Page 4

UPSC Law Optional Criminal Law and Law of Torts previous year questions 92-122 of 306, arranged for doctrine revision, case-law planning, and answer writing.

306 questions92-122 on this page10 pages

Open searchable repository Law Optional notes

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

2017Paper IIQ2(a)Section A

Question 92

Section 34 is incorporated in the Indian Penal Code to deal with the cases where it is very difficult to distinguish precisely the part taken by each individual in criminal act.".

Criminal Law and Law of Torts - General

Source reference: UPSC Law Optional 2017, Paper II, Q2(a), source page 103.

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2017Paper IIQ2(b)Section A

Question 93

Discuss the different forms to outrage the modesty of a woman which have been made punishable in the Indian Penal Code through the Criminal Law (Amendment) Act,2013.

Criminal Law and Law of Torts - General

Source reference: UPSC Law Optional 2017, Paper II, Q2(b), source page 103.

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2017Paper IIQ2(c)Section A

Question 94

When, under the law of torts even using reasonable care, is a person liable for the tort of negligence? Discuss.

Negligence and Duty of Care

Source reference: UPSC Law Optional 2017, Paper II, Q2(c), source page 103.

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2017Paper IIQ3(a)Section A

Question 95

There is a very thin but fine and subtle distinction between culpable homicide and murder. The difference lies merely in the different degrees of probability of death ensuing." Discuss the statement and refer to decided cases.

Homicide and Defences

Source reference: UPSC Law Optional 2017, Paper II, Q3(a), source page 103.

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2017Paper IIQ3(b)Section A

Question 96

When is principal not liable for the torts committed by his servant? Discuss.

Criminal Law and Law of Torts - General

Source reference: UPSC Law Optional 2017, Paper II, Q3(b), source page 103.

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2017Paper IIQ3(c)Section A

Question 97

Mention the defences of torts of defamation and also discuss whether exceptions given under the Indian Penal Code, 1860 for the offence of defamation may be claimed as additional grounds by the defendant.

Criminal Law and Law of Torts - General

Source reference: UPSC Law Optional 2017, Paper II, Q3(c), source page 103.

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2017Paper IIQ4(a)Section A

Question 98

Consumer Protection Council also play a very important role in consumer protection." Examine the statement and elaborate the objects, composition and functions of the Central, State and District Consumer Councils.

Consumer and Professional Liability

Source reference: UPSC Law Optional 2017, Paper II, Q4(a), source page 107.

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2017Paper IIQ4(b)Section A

Question 99

In order to constitute criminal attempt, the act caused must be proximate to the intended result." Explain the observation with the help of decided case law.

Criminal Law and Law of Torts - General

Source reference: UPSC Law Optional 2017, Paper II, Q4(b), source page 107.

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2017Paper IIQ4(c)Section A

Question 100

Explaining the concept of 'no liability', mention the Indian Acts in which this concept has been incorporated.

Criminal Law and Law of Torts - General

Source reference: UPSC Law Optional 2017, Paper II, Q4(c), source page 107.

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2017Paper IIQ7(a)Section B

Question 101

Section 74 of the Indian Contract Act, 1872 has cut down the most troublesome knot of common law doctrine of awarding damages." Discuss the statement.

Tort Remedies and Damages

Source reference: UPSC Law Optional 2017, Paper II, Q7(a), source page 103.

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2016Paper IIQ1(a)Section A

Question 102

In determining the quantum of criminal liability, the law takes into account the motive, magnitude and character of the offender." Examine this statement in the light of absence of mens rea in statutory offences.

Criminal Law and Law of Torts - General

Source reference: UPSC Law Optional 2016, Paper II, Q1(a), source page 98.

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2016Paper IIQ1(b)Section A

Question 103

The Prevention of Corruption Act, 1988 prevents the public servants from misuse and abuse of their official capacity." Comment.

Social and Special Penal Statutes

Source reference: UPSC Law Optional 2016, Paper II, Q1(b), source page 98.

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2016Paper IIQ1(c)Section A

Question 104

No fault liability rule has undergone a drastic change in the recent past." Comment.

Criminal Law and Law of Torts - General

Source reference: UPSC Law Optional 2016, Paper II, Q1(c), source page 98.

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2016Paper IIQ1(d)Section A

Question 105

Malice is not to be inferred merely from the acquittal of the plaintiff. The plaintiff must prove independently of the acquittal that his prosecution was malicious and without reasonable and probable cause." Comment.

Criminal Law and Law of Torts - General

Source reference: UPSC Law Optional 2016, Paper II, Q1(d), source page 98.

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2016Paper IIQ1(e)Section A

Question 106

Critically examine the Code of Criminal Procedure (Amendment) Act, 2005 especially with reference to plea bargaining.

Criminal Law and Law of Torts - General

Source reference: UPSC Law Optional 2016, Paper II, Q1(e), source page 98.

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2016Paper IIQ2(a)Section A

Question 107

Section 124A of the IPC dealing with sedition is ultra-vires of the Constitution insofar as it seeks to punish merely bad feelings against the Government. It is an unreasonable restriction on freedom of speech and expression guaranteed under Article 19(1)(a) and is not saved under Article 19(2) of the Constitution by the expression "in the interest of public order"." Comment.

Criminal Law and Law of Torts - General

Source reference: UPSC Law Optional 2016, Paper II, Q2(a), source page 97.

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2016Paper IIQ2(b)Section A

Question 108

Culpable homicide is not murder, if it is committed without premeditation, in a sudden fight in the heat of passion." Critically examine the statement with leading case law.

Homicide and Defences

Source reference: UPSC Law Optional 2016, Paper II, Q2(b), source page 97.

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2016Paper IIQ2(c)Section A

Question 109

A man is not criminally responsible for unintended and unknown consequences of his lawful acts performed in a lawful manner, by lawful means with proper care and caution." Elucidate.

Criminal Law and Law of Torts - General

Source reference: UPSC Law Optional 2016, Paper II, Q2(c), source page 97.

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2016Paper IIQ3(a)Section A

Question 110

Harm suffered voluntarily does not constitute a legal injury and is not actionable." Elaborate along with its limitations.

Criminal Law and Law of Torts - General

Source reference: UPSC Law Optional 2016, Paper II, Q3(a), source page 97.

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2016Paper IIQ3(b)Section A

Question 111

Direct evidence of negligence, however, is not always necessary and the same may be inferred from the circumstances of the case." Elucidate with cases.

Negligence and Duty of Care

Source reference: UPSC Law Optional 2016, Paper II, Q3(b), source page 97.

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2016Paper IIQ3(c)Section A

Question 112

It is immaterial whether the defendant intended the defamatory statement to apply to the plaintiff or knew of the plaintiff's existence if the statement might reasonably be understood by those who knew the plaintiff, to refer to him." Elucidate with case law.

Criminal Law and Law of Torts - General

Source reference: UPSC Law Optional 2016, Paper II, Q3(c), source page 97.

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2016Paper IIQ4(a)Section A

Question 113

Provisions of the Consumer Protection Act, 1986 shall be in addition to and not in derogation of the provisions of any other law for the time being in force." Critically examine the statement.

Consumer and Professional Liability

Source reference: UPSC Law Optional 2016, Paper II, Q4(a), source page 97.

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2016Paper IIQ4(b)Section A

Question 114

The law making conspiracy a crime is designed to curb immoderate power to do mischief which is gained by a combination of the means." Explain.

General Principles of Criminal Liability

Source reference: UPSC Law Optional 2016, Paper II, Q4(b), source page 97.

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2016Paper IIQ4(c)Section A

Question 115

Every confinement of the person is an imprisonment, whether it be in a common prison or in a private house, or in the stocks or even by forcibly detaining one in the public streets." Explain with the help of case law.

Criminal Law and Law of Torts - General

Source reference: UPSC Law Optional 2016, Paper II, Q4(c), source page 97.

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2016Paper IIQ8(a)Section B

Question 116

The object of awarding damages for a breach of contract is to put the injured party in the same position, so far as money can do it, as if he had not been injured." In the light of the above statement, explain the various kinds of damages that the court can award. Also explain the rules relating to assessment of damages.

Tort Remedies and Damages

Source reference: UPSC Law Optional 2016, Paper II, Q8(a), source page 97.

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2015Paper IIQ1(a)Section A

Question 117

The enforcement of any disability arising out of 'Untouchability' shall be an offence pwith law." Comment in the light of protection of Civil Rights.

Social and Special Penal Statutes

Source reference: UPSC Law Optional 2015, Paper II, Q1(a), source page 93.

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2015Paper IIQ1(b)Section A

Question 118

'The Criminal justice is administered in India by punishing the wrongdoer and the object of punishment is viewed differently by different criminologists.' Elucidate.

Criminal Law and Law of Torts - General

Source reference: UPSC Law Optional 2015, Paper II, Q1(b), source page 93.

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2015Paper IIQ1(c)Section A

Question 119

'Liability of joint tort feasors in Law of Tort is joint and Several.' Discuss.

Criminal Law and Law of Torts - General

Source reference: UPSC Law Optional 2015, Paper II, Q1(c), source page 93.

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2015Paper IIQ1(d)Section A

Question 120

The offence of criminal conspiracy there must be an agreement to do, or cwhich is not illegal by illegal means." Critically.

General Principles of Criminal Liability

Source reference: UPSC Law Optional 2015, Paper II, Q1(d), source page 93.

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2015Paper IIQ1(e)Section A

Question 121

With the help of decided cases as to when Culpable Homicide under Section under Section 300(4) of Indian Penal Code. 10.

Homicide and Defences

Source reference: UPSC Law Optional 2015, Paper II, Q1(e), source page 93.

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2015Paper IIQ2(a)Section A

Question 122

The person twhom it is made, if it is made for the benefit of that person." Critically examine. Ethe various circumstances under which a 'public servant' is said to commit the o" under 'The Prevention of Corruption Act, 1988'. 15.

Social and Special Penal Statutes

Source reference: UPSC Law Optional 2015, Paper II, Q2(a), source page 93.

Direct link to this question

What this archive covers

Section 34 is incorporated in the Indian Penal Code to deal with the cases where it is very difficult to distinguish precisely the part taken by each individual in criminal act.".

Discuss the different forms to outrage the modesty of a woman which have been made punishable in the Indian Penal Code through the Criminal Law (Amendment) Act,2013.

When, under the law of torts even using reasonable care, is a person liable for the tort of negligence? Discuss.

There is a very thin but fine and subtle distinction between culpable homicide and murder. The difference lies merely in the different degrees of probability of death ensuing." Discuss the statement and refer to decided cases.

When is principal not liable for the torts committed by his servant? Discuss.

Mention the defences of torts of defamation and also discuss whether exceptions given under the Indian Penal Code, 1860 for the offence of defamation may be claimed as additional grounds by the defendant.

Consumer Protection Council also play a very important role in consumer protection." Examine the statement and elaborate the objects, composition and functions of the Central, State and District Consumer Councils.

In order to constitute criminal attempt, the act caused must be proximate to the intended result." Explain the observation with the help of decided case law.

Explaining the concept of 'no liability', mention the Indian Acts in which this concept has been incorporated.

Section 74 of the Indian Contract Act, 1872 has cut down the most troublesome knot of common law doctrine of awarding damages." Discuss the statement.

In determining the quantum of criminal liability, the law takes into account the motive, magnitude and character of the offender." Examine this statement in the light of absence of mens rea in statutory offences.

The Prevention of Corruption Act, 1988 prevents the public servants from misuse and abuse of their official capacity." Comment.

No fault liability rule has undergone a drastic change in the recent past." Comment.

Malice is not to be inferred merely from the acquittal of the plaintiff. The plaintiff must prove independently of the acquittal that his prosecution was malicious and without reasonable and probable cause." Comment.

Critically examine the Code of Criminal Procedure (Amendment) Act, 2005 especially with reference to plea bargaining.

Culpable homicide is not murder, if it is committed without premeditation, in a sudden fight in the heat of passion." Critically examine the statement with leading case law.

A man is not criminally responsible for unintended and unknown consequences of his lawful acts performed in a lawful manner, by lawful means with proper care and caution." Elucidate.

Harm suffered voluntarily does not constitute a legal injury and is not actionable." Elaborate along with its limitations.

Direct evidence of negligence, however, is not always necessary and the same may be inferred from the circumstances of the case." Elucidate with cases.

It is immaterial whether the defendant intended the defamatory statement to apply to the plaintiff or knew of the plaintiff's existence if the statement might reasonably be understood by those who knew the plaintiff, to refer to him." Elucidate with case law.

Provisions of the Consumer Protection Act, 1986 shall be in addition to and not in derogation of the provisions of any other law for the time being in force." Critically examine the statement.

The law making conspiracy a crime is designed to curb immoderate power to do mischief which is gained by a combination of the means." Explain.

Every confinement of the person is an imprisonment, whether it be in a common prison or in a private house, or in the stocks or even by forcibly detaining one in the public streets." Explain with the help of case law.

The enforcement of any disability arising out of 'Untouchability' shall be an offence pwith law." Comment in the light of protection of Civil Rights.

'The Criminal justice is administered in India by punishing the wrongdoer and the object of punishment is viewed differently by different criminologists.' Elucidate.

'Liability of joint tort feasors in Law of Tort is joint and Several.' Discuss.

The offence of criminal conspiracy there must be an agreement to do, or cwhich is not illegal by illegal means." Critically.

With the help of decided cases as to when Culpable Homicide under Section under Section 300(4) of Indian Penal Code. 10.

The person twhom it is made, if it is made for the benefit of that person." Critically examine. Ethe various circumstances under which a 'public servant' is said to commit the o" under 'The Prevention of Corruption Act, 1988'. 15.

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