UPSC Law Optional, Paper I and II

Criminal Law and Law of Torts UPSC Law Optional PYQs, Page 9

UPSC Law Optional Criminal Law and Law of Torts previous year questions 245-275 of 306, arranged for doctrine revision, case-law planning, and answer writing.

306 questions245-275 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

2005Paper IIQ4(b)Section A

Question 245

The evil of dowry system has been a matter of serious concern to every one in view of its everincreasing and disturbing proportion." Discuss and critically analyse whether the Dowry Prohibition Act, 1961 can cope with this social menace.

Offences Against Women and Children

Source reference: UPSC Law Optional 2005, Paper II, Q4(b), source page 17.

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2005Paper IIQ6(b)Section B

Question 246

A, B, C and D are partners in a firm which has not been registered. A is wrongfully expelled from the firm by the other partners. Can he successfully bring a suit against the other partners for damages for wrongful expulsion and declaration that he continues to be a member of the firm? What remedies if any are open to A?

Tort Remedies and Damages

Source reference: UPSC Law Optional 2005, Paper II, Q6(b), source page 17.

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2004Paper IIQ1(a)Section A

Question 247

"The constitutional validity of Section 124A of the Indian Penal Code was questioned in Kedar Nath Singh on the ground that the provision violated freedom of speech and expression." Briefly discuss the contentions and give reasons for or against the decision in the said case.

Criminal Law and Law of Torts - General

Source reference: UPSC Law Optional 2004, Paper II, Q1(a), source page 13.

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2004Paper IIQ1(b)Section A

Question 248

Distinguish between criminal breach of trust and criminal misappropriation of property.

Criminal Law and Law of Torts - General

Source reference: UPSC Law Optional 2004, Paper II, Q1(b), source page 13.

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2004Paper IIQ1(c)Section A

Question 249

All torts are civil injuries but all civil injuries are not torts." Explain the above statement.

Criminal Law and Law of Torts - General

Source reference: UPSC Law Optional 2004, Paper II, Q1(c), source page 13.

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2004Paper IIQ2(a)Section A

Question 250

Referring to relevant legal provisions, 'and decided cases, point out what offence, if any, has been committed in the following cases (a) A soldier A fires on a mob by the order of his superior officer in conformity with the commandments of law.

Criminal Law and Law of Torts - General

Source reference: UPSC Law Optional 2004, Paper II, Q2(a), source page 14.

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2004Paper IIQ2(b)Section A

Question 251

Referring to relevant legal provisions, 'and decided cases, point out what offence, if any, has been committed in the following cases (b) A sees B commit what appears to A to be a murder. A in good faith seizes B in order to bring B before the proper authorities. Later on, it turns out that B was acting in self- defence.

General Principles of Criminal LiabilityHomicide and Defences

Source reference: UPSC Law Optional 2004, Paper II, Q2(b), source page 14.

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2004Paper IIQ2(c)Section A

Question 252

Referring to relevant legal provisions, 'and decided cases, point out what offence, if any, has been committed in the following cases (c) A finds a ring on the highway not in the possession of any one person. A picks it up.

Criminal Law and Law of Torts - General

Source reference: UPSC Law Optional 2004, Paper II, Q2(c), source page 14.

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2004Paper IIQ2(d)Section A

Question 253

Referring to relevant legal provisions, 'and decided cases, point out what offence, if any, has been committed in the following cases (d) A cuts down a tree on B's ground with the intention of dishonestly taking the tree out of B's possession without B's consent.

Criminal Law and Law of Torts - General

Source reference: UPSC Law Optional 2004, Paper II, Q2(d), source page 14.

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2004Paper IIQ2(e)Section A

Question 254

Referring to relevant legal provisions, 'and decided cases, point out what offence, if any, has been committed in the following cases (e) A intentionally gives a sword cut to B sufficient in the ordinary course of nature to cause death. B dies in consequence.

Criminal Law and Law of Torts - General

Source reference: UPSC Law Optional 2004, Paper II, Q2(e), source page 14.

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2004Paper IIQ2(f)Section A

Question 255

Referring to relevant legal provisions, 'and decided cases, point out what offence, if any, has been committed in the following cases (f) A without any excuse, fires a loaded pistol into a crowd of persons and kills one of them.

Criminal Law and Law of Torts - General

Source reference: UPSC Law Optional 2004, Paper II, Q2(f), source page 14.

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2004Paper IIQ3(a)Section A

Question 256

Discuss the law relating to commencement and continuance of the right of private defence of property. When does the right of private defence of property extend to the causing of death?

Homicide and Defences

Source reference: UPSC Law Optional 2004, Paper II, Q3(a), source page 14.

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2004Paper IIQ3(b)Section A

Question 257

Discuss the jurisdiction of various authorities under the Consumer Protection Act, 1986 for the settlement of disputes.

Consumer and Professional Liability

Source reference: UPSC Law Optional 2004, Paper II, Q3(b), source page 14.

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2004Paper IIQ4(a)Section A

Question 258

In assessing damages, the law takes an account of certain consequences but considers only proximate consequences." State the test by which the remoteness of consequences is determined by the courts for this purpose. Refer to judicial pronouncements.

Tort Remedies and Damages

Source reference: UPSC Law Optional 2004, Paper II, Q4(a), source page 14.

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2004Paper IIQ4(b)Section A

Question 259

Critically examine the provisions of 'The Protection of Civil Rights Act, 1955' and highlight the deficiencies, if any, in the said law.

Criminal Law and Law of Torts - General

Source reference: UPSC Law Optional 2004, Paper II, Q4(b), source page 14.

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2003Paper IIQ1(a)Section A

Question 260

Whenever an illegal omission of an act is abetted, the same may amount to an offence although the abettor may not be bound to do that act." Discuss.

Criminal Law and Law of Torts - General

Source reference: UPSC Law Optional 2003, Paper II, Q1(a), source page 10.

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2003Paper IIQ1(b)Section A

Question 261

An act which is done by one against his will is not his act." Discuss.

Criminal Law and Law of Torts - General

Source reference: UPSC Law Optional 2003, Paper II, Q1(b), source page 10.

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2003Paper IIQ1(c)Section A

Question 262

It is the task of the law of tort to determine when the law will and will not grant redress for damage suffered." Discuss.

Criminal Law and Law of Torts - General

Source reference: UPSC Law Optional 2003, Paper II, Q1(c), source page 10.

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2003Paper IIQ1(d)Section A

Question 263

When a plaintiff acts as a reasonable and prudent man, he is entitled to damages even though he selects the more dangerous alternative when confronted by the defendant's negligence." Discuss.

Negligence and Duty of CareTort Remedies and Damages

Source reference: UPSC Law Optional 2003, Paper II, Q1(d), source page 10.

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2003Paper IIQ2(a)Section A

Question 264

The question as how is a court to determine as to whether a bodily injury intentionally inflicted by an accused is likely to cause death or not depends on many factors." Discuss.

Criminal Law and Law of Torts - General

Source reference: UPSC Law Optional 2003, Paper II, Q2(a), source page 10.

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2003Paper IIQ2(b)Section A

Question 265

A boatman gets hold of gold ornaments from the body of a person who had drowned. A police constable takes away the same after slapping the boatman. The constable does not enter the same in the records and dishonestly keeps them with himself. Discuss the criminal liability of the constable.

Criminal Law and Law of Torts - General

Source reference: UPSC Law Optional 2003, Paper II, Q2(b), source page 10.

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2003Paper IIQ3(a)Section A

Question 266

Absence of knowledge that a matter is defamatory or absence of intention to injure the plaintiff is, by itself, no excuse for the defendant in tort." Discuss.

Criminal Law and Law of Torts - General

Source reference: UPSC Law Optional 2003, Paper II, Q3(a), source page 11.

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2003Paper IIQ3(b)Section A

Question 267

A car diver in the course of his employment leaves the ignition keys in the car and leaves the car on a crowded road. During his absence a trespasser gets into the car and drives it causing an accident resulting into injuries to the plaintiff. The plaintiff uses the car owner in tort. Decide.

Criminal Law and Law of Torts - General

Source reference: UPSC Law Optional 2003, Paper II, Q3(b), source page 11.

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2003Paper IIQ4(a)Section A

Question 268

In murder cases sentence of imprisonment for life is the rule and death sentence an exception". Discuss.

Homicide and Defences

Source reference: UPSC Law Optional 2003, Paper II, Q4(a), source page 11.

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2003Paper IIQ4(b)Section A

Question 269

Discuss in detail the meanings of 'complaint' and 'unfair trade practice' under the Consumer Protection Act, 1986. Are these definitions satisfactory and in consonance with the spirit of this Act?

Consumer and Professional Liability

Source reference: UPSC Law Optional 2003, Paper II, Q4(b), source page 11.

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2003Paper IIQ5(c)Section B

Question 270

A cheque marked 'not negotiable' is nevertheless negotiable." Discuss.

Property, Document and Financial Offences

Source reference: UPSC Law Optional 2003, Paper II, Q5(c), source page 11.

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2002Paper IIQ1(a)Section A

Question 271

Critically examine any three of the following statements with reasons and examples in not more than 200 words in each case (a) A corporation aggregate cannot be fastened with criminal liability.

Criminal Law and Law of Torts - General

Source reference: UPSC Law Optional 2002, Paper II, Q1(a), source page 7.

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2002Paper IIQ1(b)Section A

Question 272

Critically examine any three of the following statements with reasons and examples in not more than 200 words in each case (b) The defence of irresistable impulse has frequently been rejected in charges of murder.

Homicide and Defences

Source reference: UPSC Law Optional 2002, Paper II, Q1(b), source page 7.

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2002Paper IIQ1(c)Section A

Question 273

Ritically examine any three of the following statements with reasons and examples in not more than 200 words in each case (c) It is not at all in doubt that the proof of existence of guilty intent is an essential element in a crime under common law.

Criminal Law and Law of Torts - General

Source reference: UPSC Law Optional 2002, Paper II, Q1(c), source page 7.

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2002Paper IIQ1(d)Section A

Question 274

Critically examine any three of the following statements with reasons and examples in not more than 200 words in each case (d) The offence of riot is not committed unless all the five elements are present.

Criminal Law and Law of Torts - General

Source reference: UPSC Law Optional 2002, Paper II, Q1(d), source page 7.

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2002Paper IIQ2(a)Section A

Question 275

Explain whether any offence is committed in the following instances and under what circumstances? Give reasons. Do not write more than 100 words in each case. Answer any Six questions (a) X husband of W, cohabits with Z.

Criminal Law and Law of Torts - General

Source reference: UPSC Law Optional 2002, Paper II, Q2(a), source page 8.

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What this archive covers

The evil of dowry system has been a matter of serious concern to every one in view of its everincreasing and disturbing proportion." Discuss and critically analyse whether the Dowry Prohibition Act, 1961 can cope with this social menace.

"The constitutional validity of Section 124A of the Indian Penal Code was questioned in Kedar Nath Singh on the ground that the provision violated freedom of speech and expression." Briefly discuss the contentions and give reasons for or against the decision in the said case.

Distinguish between criminal breach of trust and criminal misappropriation of property.

All torts are civil injuries but all civil injuries are not torts." Explain the above statement.

Referring to relevant legal provisions, 'and decided cases, point out what offence, if any, has been committed in the following cases (a) A soldier A fires on a mob by the order of his superior officer in conformity with the commandments of law.

Referring to relevant legal provisions, 'and decided cases, point out what offence, if any, has been committed in the following cases (c) A finds a ring on the highway not in the possession of any one person. A picks it up.

Referring to relevant legal provisions, 'and decided cases, point out what offence, if any, has been committed in the following cases (d) A cuts down a tree on B's ground with the intention of dishonestly taking the tree out of B's possession without B's consent.

Referring to relevant legal provisions, 'and decided cases, point out what offence, if any, has been committed in the following cases (e) A intentionally gives a sword cut to B sufficient in the ordinary course of nature to cause death. B dies in consequence.

Referring to relevant legal provisions, 'and decided cases, point out what offence, if any, has been committed in the following cases (f) A without any excuse, fires a loaded pistol into a crowd of persons and kills one of them.

Discuss the law relating to commencement and continuance of the right of private defence of property. When does the right of private defence of property extend to the causing of death?

Discuss the jurisdiction of various authorities under the Consumer Protection Act, 1986 for the settlement of disputes.

In assessing damages, the law takes an account of certain consequences but considers only proximate consequences." State the test by which the remoteness of consequences is determined by the courts for this purpose. Refer to judicial pronouncements.

Critically examine the provisions of 'The Protection of Civil Rights Act, 1955' and highlight the deficiencies, if any, in the said law.

Whenever an illegal omission of an act is abetted, the same may amount to an offence although the abettor may not be bound to do that act." Discuss.

An act which is done by one against his will is not his act." Discuss.

It is the task of the law of tort to determine when the law will and will not grant redress for damage suffered." Discuss.

When a plaintiff acts as a reasonable and prudent man, he is entitled to damages even though he selects the more dangerous alternative when confronted by the defendant's negligence." Discuss.

The question as how is a court to determine as to whether a bodily injury intentionally inflicted by an accused is likely to cause death or not depends on many factors." Discuss.

A boatman gets hold of gold ornaments from the body of a person who had drowned. A police constable takes away the same after slapping the boatman. The constable does not enter the same in the records and dishonestly keeps them with himself. Discuss the criminal liability of the constable.

Absence of knowledge that a matter is defamatory or absence of intention to injure the plaintiff is, by itself, no excuse for the defendant in tort." Discuss.

A car diver in the course of his employment leaves the ignition keys in the car and leaves the car on a crowded road. During his absence a trespasser gets into the car and drives it causing an accident resulting into injuries to the plaintiff. The plaintiff uses the car owner in tort. Decide.

In murder cases sentence of imprisonment for life is the rule and death sentence an exception". Discuss.

Discuss in detail the meanings of 'complaint' and 'unfair trade practice' under the Consumer Protection Act, 1986. Are these definitions satisfactory and in consonance with the spirit of this Act?

A cheque marked 'not negotiable' is nevertheless negotiable." Discuss.

Critically examine any three of the following statements with reasons and examples in not more than 200 words in each case (a) A corporation aggregate cannot be fastened with criminal liability.

Critically examine any three of the following statements with reasons and examples in not more than 200 words in each case (b) The defence of irresistable impulse has frequently been rejected in charges of murder.

Ritically examine any three of the following statements with reasons and examples in not more than 200 words in each case (c) It is not at all in doubt that the proof of existence of guilty intent is an essential element in a crime under common law.

Critically examine any three of the following statements with reasons and examples in not more than 200 words in each case (d) The offence of riot is not committed unless all the five elements are present.

Explain whether any offence is committed in the following instances and under what circumstances? Give reasons. Do not write more than 100 words in each case. Answer any Six questions (a) X husband of W, cohabits with Z.

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