UPSC Law Optional, Paper I and II

Criminal Law and Law of Torts UPSC Law Optional PYQs, Page 7

UPSC Law Optional Criminal Law and Law of Torts previous year questions 184-214 of 306, arranged for doctrine revision, case-law planning, and answer writing.

306 questions184-214 on this page10 pages

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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

2010Paper IIQ1(d)Section A

Question 184

Discuss the principle of Res-ipsa-Loquiture. Refer to recent cases.

Criminal Law and Law of Torts - General

Source reference: UPSC Law Optional 2010, Paper II, Q1(d), source page 41.

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2010Paper IIQ2(a)Section A

Question 185

In order to constitute a public nuisance there must be an act or an illegal omission, and it is not necessary that the act should be illegal." Explain the offence of public nuisance with the help of decided cases.

Nuisance and Property Interference

Source reference: UPSC Law Optional 2010, Paper II, Q2(a), source page 41.

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2010Paper IIQ2(b)Section A

Question 186

'A' and 'B' were both security guards posted outside the home of senor army officer, Mr. X. They often used to exchange hot words with each other in context to the other. On the day of Holi festival both of them had a verbal exchange due to the act that both wanted to go to home early for festival, that led to altercation between the two, both of them instantaneously aimed their revolvers at each other respectively. 'C' who was also on duty with them intervened and pacified both of them. Both 'B' noted that 'A' had lowered his revolver, he immediately fired at 'A' and killed him. On being tried 'B' was awarded death sentence. However, on appeal the High Court acquitted 'B' on the pleas of self-defence. The State intends to go in for appeal in the Supreme Court against the decision of the High Court. Advise in the light of the case law on the subject.

Criminal Law and Law of Torts - General

Source reference: UPSC Law Optional 2010, Paper II, Q2(b), source page 41.

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2010Paper IIQ2(c)Section A

Question 187

Discuss the law relating to criminal intimidation. Refer to case law. In what was is extortion different from criminal intimidation?

Criminal Law and Law of Torts - General

Source reference: UPSC Law Optional 2010, Paper II, Q2(c), source page 41.

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2010Paper IIQ3(a)Section A

Question 188

What test has the Supreme Court prescribe to understand 'the rarest of the rare cases theory' while inflicting capital punishment? Can one argue that capital punishment in any case in against human right jurisprudence?

Criminal Law and Law of Torts - General

Source reference: UPSC Law Optional 2010, Paper II, Q3(a), source page 43.

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2010Paper IIQ3(b)Section A

Question 189

Do you find it is necessary to convict the accused both under section 304-B and Section 498-A of penal Code? Refer to recent cases.

Criminal Law and Law of Torts - General

Source reference: UPSC Law Optional 2010, Paper II, Q3(b), source page 43.

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2010Paper IIQ3(c)Section A

Question 190

Mr. A, a chronic heart-patient was drawn into a political debate and in the course of arguments his adversary looked at him fiercely and said that people like him should be hit till they are dead" Hearing this 'A' suffers a heart attack and dies on the spot. Discuss the liability of his adversary. Argue for the State also.

Criminal Law and Law of Torts - General

Source reference: UPSC Law Optional 2010, Paper II, Q3(c), source page 43.

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2010Paper IIQ3(d)Section A

Question 191

'A' a minor girl leaves her parents House because of ill treatment and lives with 'B' her friend. Can he (B) be prosecuted for kidnapping?

Offences Against Women and Children

Source reference: UPSC Law Optional 2010, Paper II, Q3(d), source page 43.

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2010Paper IIQ4(a)Section A

Question 192

The editor of a weekly published a series of articles directed against the business of the plaintiff alleging how the wealth of the vast empire was build up by having recourse to the unlawful and questionable means involving tax-evasion, import-export rackets, foreign exchange violations and how the investigations into the operations of the organisation were bogged down. In an action for defamation, the defendant put up the defence of fair comment on a matter of public interest. The plaintiff brought evidence to show that the defendant had to tender an apology to the plaintiff in an earlier defamation case and that he present publication was motivated by malice. Discuss the defence of fair comment in the light of the facts of the case.

Tort Remedies and Damages

Source reference: UPSC Law Optional 2010, Paper II, Q4(a), source page 45.

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2010Paper IIQ4(b)Section A

Question 193

We must use our property so as not to cause discomfort to another's use of property. Yet a temporary discomfort is not actionable. Explain the law.

Criminal Law and Law of Torts - General

Source reference: UPSC Law Optional 2010, Paper II, Q4(b), source page 45.

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2010Paper IIQ4(c)Section A

Question 194

Discuss the liability of hospitals under the consumer protection Act, 1986. Refer to decided case also.

Consumer and Professional Liability

Source reference: UPSC Law Optional 2010, Paper II, Q4(c), source page 45.

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2009Paper IIQ1(a)Section A

Question 195

'Although the requirements of mens rea is general throughout the criminal law, there are numerous exceptions to it.' Explain with illustrations.

Mens ReaCriminal LawStrict Liability

Source reference: UPSC Law Optional 2009, Paper II, Q1(a), source page 29.

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2009Paper IIQ1(b)Section A

Question 196

'Necessity knows no law.' Comment giving illustrations.

NecessityCriminal LawGeneral Exceptions

Source reference: UPSC Law Optional 2009, Paper II, Q1(b), source page 29.

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2009Paper IIQ1(c)Section A

Question 197

'Volenti non fit injuria is a defence for liability in tort.' Illustrate your answer with decided cases.

Volenti non fit injuriaLaw of TortsDefences

Source reference: UPSC Law Optional 2009, Paper II, Q1(c), source page 29.

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2009Paper IIQ1(d)Section A

Question 198

Explain the ingredients of 'Innuendo'. What is a plaintiff required to prove in order to sustain the plea of Innuendo?

InnuendoDefamationLaw of Torts

Source reference: UPSC Law Optional 2009, Paper II, Q1(d), source page 29.

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2009Paper IIQ2(a)Section A

Question 199

Explain the ingredients of the offence of criminal misappropriation of property and distinguish this from criminal breach of trust. A sees Z drop his purse with money in it. A picks up the purse with the intention of returning it to Z, but afterwards appropriates it for his own use. Has A committed any offence? Discuss.

Criminal MisappropriationCriminal Breach of TrustCriminal Law

Source reference: UPSC Law Optional 2009, Paper II, Q2(a), source page 29.

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2009Paper IIQ2(b)Section A

Question 200

Distinguish between culpable homicide and causing death by rash or negligent act. A, a woman with a view to poisoning her husband, administered to him a substance which she believed to be poison, but which in fact was harmless. What offence if any she has committed in this case?

Culpable HomicideRash and Negligent ActCriminal Law

Source reference: UPSC Law Optional 2009, Paper II, Q2(b), source page 29.

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2009Paper IIQ3(a)Section A

Question 201

'A statement made in performance of duty is privileged.' In the light of this statement critically examine the tort of defamation. X the famous writer and art critic while criticising the paintings of Y the famous painter, wrote in the newspaper as follows: 'Mr. Y\'s paintings are pots of paint hurled in the eyes of the public'. He afterwards wrote to Y saying that whatever he had written had been said by him in the course of his duty and hoped that he would not allow this to interfere with their friendship. Y replied and said 'Next time I meet you, I shall punch your nose hard. I hope you will not allow this to interfere with our friendship'. What torts, if any, have they committed and what defences are available to them?

DefamationPrivilegeLaw of Torts

Source reference: UPSC Law Optional 2009, Paper II, Q3(a), source page 31.

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2009Paper IIQ3(b)Section A

Question 202

'A master is not responsible for a wrongful act unless it is done in the course of employment.' Comment and explain the circumstances when wrongful acts are deemed to be done 'in the course of employment'. Refer to decided cases.

Vicarious LiabilityCourse of EmploymentLaw of Torts

Source reference: UPSC Law Optional 2009, Paper II, Q3(b), source page 31.

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2009Paper IIQ4(a)Section A

Question 203

'The enforcement of any disability arising out of untouchability is to be an offence punishable in accordance with law.' Comment upon this statement and discuss in this context the scope of protection of Civil Rights Act, 1955.

UntouchabilityCivil Rights ActCriminal Law

Source reference: UPSC Law Optional 2009, Paper II, Q4(a), source page 33.

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2009Paper IIQ4(b)Section A

Question 204

'Damnum sine injuria and injuria sine dammum are two different principles of law.' Comment briefly.

Damnum sine injuriaInjuria sine damnoLaw of Torts

Source reference: UPSC Law Optional 2009, Paper II, Q4(b), source page 33.

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2009Paper IIQ4(c)Section A

Question 205

List briefly the procedure to be followed by a District Forum on receipt of a complaint regarding defective goods under the Consumer Protection Act, 1986.

Consumer ProtectionDistrict ForumDefective Goods

Source reference: UPSC Law Optional 2009, Paper II, Q4(c), source page 33.

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2008Paper IIQ1(a)Section A

Question 206

Offence does not happen all of a sudden, it passes through some stages." Discuss and distinguish between preparation to commit offence and an attempt to commit an offence.

Criminal Law and Law of Torts - General

Source reference: UPSC Law Optional 2008, Paper II, Q1(a), source page 25.

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2008Paper IIQ1(b)Section A

Question 207

Discuss the rules regarding joint and constructive liability in Criminal Law. Do you find any distinction between similar intention and common intention?

Criminal Law and Law of Torts - General

Source reference: UPSC Law Optional 2008, Paper II, Q1(b), source page 25.

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2008Paper IIQ1(c)Section A

Question 208

State has to answer for every wrong committed by its erring servant." Comment.

Criminal Law and Law of Torts - General

Source reference: UPSC Law Optional 2008, Paper II, Q1(c), source page 25.

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2008Paper IIQ1(d)Section A

Question 209

It is an actionable wrong to institute, maliciously and without reasonable and probable cause, criminal proceedings which may injure person's reputation, personal freedom or property." Elucidate.

Criminal Law and Law of Torts - General

Source reference: UPSC Law Optional 2008, Paper II, Q1(d), source page 25.

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2008Paper IIQ2(a)Section A

Question 210

Right of private defence can be exercised only against the offender." Explain and discuss also the circumstances when even death can be caused of the accused in exercise of right of private defence of property.

Homicide and Defences

Source reference: UPSC Law Optional 2008, Paper II, Q2(a), source page 25.

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2008Paper IIQ2(b)Section A

Question 211

In all robbery there is either theft or extortion." Explain. A holds Z down, and fraudulently takes Z's money and jewels from Z's person without Z's consent and for this purpose he causes a wrongful restraint to Z. Discuss A's liability.

Property, Document and Financial Offences

Source reference: UPSC Law Optional 2008, Paper II, Q2(b), source page 25.

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2008Paper IIQ3(a)Section A

Question 212

It is not the hindsight of a fool, it is the foresight of a reasonable man which alone can determine the liability." Discuss. A threw a lighted cracker in a crowded market. It fell on B's shop. C was standing nearby. To save himself and B's shop too, C threw the cracker away. It then fell on D's shop. D in his turn, threw it away which then fell on E who became blind. Decide, who is liable to E?

Criminal Law and Law of Torts - General

Source reference: UPSC Law Optional 2008, Paper II, Q3(a), source page 26.

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2008Paper IIQ3(b)Section A

Question 213

Knowledge of the danger does not amount to consent to undertake the risk." Discuss with the help of decided cases.

Criminal Law and Law of Torts - General

Source reference: UPSC Law Optional 2008, Paper II, Q3(b), source page 26.

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2008Paper IIQ4(a)Section A

Question 214

The law of consumer protection has come to meet the long felt necessity of protection to the common men from the wrongs for which the remedy under ordinary law for various reasons has become illusory." Discuss this statement and explain to what extent the Consumer Protection Act, 1986 has succeeded in its objectives.

Consumer and Professional Liability

Source reference: UPSC Law Optional 2008, Paper II, Q4(a), source page 26.

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What this archive covers

Discuss the principle of Res-ipsa-Loquiture. Refer to recent cases.

In order to constitute a public nuisance there must be an act or an illegal omission, and it is not necessary that the act should be illegal." Explain the offence of public nuisance with the help of decided cases.

Discuss the law relating to criminal intimidation. Refer to case law. In what was is extortion different from criminal intimidation?

What test has the Supreme Court prescribe to understand 'the rarest of the rare cases theory' while inflicting capital punishment? Can one argue that capital punishment in any case in against human right jurisprudence?

Do you find it is necessary to convict the accused both under section 304-B and Section 498-A of penal Code? Refer to recent cases.

'A' a minor girl leaves her parents House because of ill treatment and lives with 'B' her friend. Can he (B) be prosecuted for kidnapping?

We must use our property so as not to cause discomfort to another's use of property. Yet a temporary discomfort is not actionable. Explain the law.

Discuss the liability of hospitals under the consumer protection Act, 1986. Refer to decided case also.

'Although the requirements of mens rea is general throughout the criminal law, there are numerous exceptions to it.' Explain with illustrations.

'Necessity knows no law.' Comment giving illustrations.

'Volenti non fit injuria is a defence for liability in tort.' Illustrate your answer with decided cases.

Explain the ingredients of 'Innuendo'. What is a plaintiff required to prove in order to sustain the plea of Innuendo?

Distinguish between culpable homicide and causing death by rash or negligent act. A, a woman with a view to poisoning her husband, administered to him a substance which she believed to be poison, but which in fact was harmless. What offence if any she has committed in this case?

'A master is not responsible for a wrongful act unless it is done in the course of employment.' Comment and explain the circumstances when wrongful acts are deemed to be done 'in the course of employment'. Refer to decided cases.

'The enforcement of any disability arising out of untouchability is to be an offence punishable in accordance with law.' Comment upon this statement and discuss in this context the scope of protection of Civil Rights Act, 1955.

'Damnum sine injuria and injuria sine dammum are two different principles of law.' Comment briefly.

List briefly the procedure to be followed by a District Forum on receipt of a complaint regarding defective goods under the Consumer Protection Act, 1986.

Offence does not happen all of a sudden, it passes through some stages." Discuss and distinguish between preparation to commit offence and an attempt to commit an offence.

Discuss the rules regarding joint and constructive liability in Criminal Law. Do you find any distinction between similar intention and common intention?

State has to answer for every wrong committed by its erring servant." Comment.

It is an actionable wrong to institute, maliciously and without reasonable and probable cause, criminal proceedings which may injure person's reputation, personal freedom or property." Elucidate.

Right of private defence can be exercised only against the offender." Explain and discuss also the circumstances when even death can be caused of the accused in exercise of right of private defence of property.

In all robbery there is either theft or extortion." Explain. A holds Z down, and fraudulently takes Z's money and jewels from Z's person without Z's consent and for this purpose he causes a wrongful restraint to Z. Discuss A's liability.

Knowledge of the danger does not amount to consent to undertake the risk." Discuss with the help of decided cases.

Other Law Optional subjects