In the words of the great jurist Blackstone, “ Crime is an act, committed or omitted in violation of a public law, either forbidding or commanding”.For the commission of crime, two major important ingredients are Mens rea and actus rea which means guilty, mind and physical act, respectively.
Criminal law is a fundamental branch of legal jurisprudence that governs the behaviour of individuals within a society and outlines the consequences for actions that are deemed harmful, threatening, or disruptive to the public order. It encompasses a set of rules and regulations established by a legal system to define criminal offences, establish penalties, and ensure justice is served. This section requires a combination of thorough understanding, critical thinking, and effective application of legal principles. With consistent practice and focused preparation, you can excel in the Criminal Law section of the CLAT exam.
As the new criminal law, a Justice system has been proposed in the names of Bhartiya Nyaya Sanhita (BNS), Bhartiya Nyay Suraksha Sanhita, Bhartiya Sakshya Sanhita And applicable from July 1, 2024. These new laws will eradicate the earlier laws like IPC, CRPC and Indian Evidence Act, but the essence of crime is the same, even though the acts are centuries apart.
Criminal Law Questions and Answers PDF
To practice more on criminal law questions for CLAT, students can download the Criminal Law for CLAT PDF, which comprises all the topics that need to be covered in the Criminal Law chapter, along with criminal law practice questions, a proper answer key, and detailed solutions. In addition, if students want to simulate the real exam conditions, they can solve the CLAT mock tests for effective preparation.
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How to Prepare for Criminal Law Questions for CLAT
It is seen that criminal law has been as repeatedly in the law examinations, majorly the culpable homicide and murder sections which are confusing and students need to put more heat on these two sections numbered 299, 300, 301, 304, 307, 324 et cetera. Criminal law is a major aspect to be asked. Solving a number of criminal law questions will be helpful for the preparation.
How to excel in criminal law questions for CLAT? Criminal law is dependent upon and strictly works under the parenthesis of the Essentials. Practice as many criminal law questions and answers for better conceptual clarity. Furthermore, kindly read the paragraph as an example question carefully and ensure the answers are marked concerning the essentials provided in the passage.
Given below are three passage-based criminal law questions for CLAT exam with detailed solution. These are the example questions which can help students better understand the questions that can be asked in the real examination.
Passage 1
Read the following passage and answer the question.
In criminal law, two essential elements namely, (a) the physical elements which are also known as actus reus, and (b) the mental element, commonly known as mens rea, are necessary to constitute a crime. Sir Mathew Hale in his book “History of Pleas of the Crown” stated, “where there is no will to commit an offence, there can be no just reason to incur the penalty”.
Mens Rea is known as an evil mind/will. In our routine day-to-day life, we are probably daily thinking of some evil act, most probable. Sometimes we think “I will hit him once”, “I have to kill him, this is my enemy I will kill him”, or “This is anti-social we must punish him”. We know that punishment is part of the Judiciary even though sometimes we are following our dreamy Judiciary, we are pronouncing one-sided judgments about anyone, and therefore we are giving them dreamy punishment.
Preparation is a very important factor of the Mens Rea. 'Preparation' means 'to arrange means or necessary measures for the commission of the crime'. Basically, the offence starts from here for which we get the punishment. While preparation for committing an offence is not generally deemed to be an offence but special variety of acts are defined to be offences although they may constitute preparation to commit those offences
'Attempt' is the third stage in the commission of a crime. It is also known as a 'Preliminary Crime'. The term 'Attempt' means “the direct movement towards the commission of a crime after necessary preparation has been made.” The Hon'ble Supreme Court in the case of State of Maharashtra V/s Mohd. Yakub [(1980) 3SCC 57, 1980 SCC (cri.)513] has observed that an attempt to define the term 'attempt' is a futile exercise. The attempt stage is reached when the culprit takes deliberate overt steps to commit the offence, which need not be a penultimate act.
The fourth essential of crime is the 'Injury' to another person or society at large. Such injury must be illegally caused to a person. The word 'Injury' has been defined under Section 44 of the Indian Penal Code as "the word 'injury' denotes any harm whatever illegally caused to any person in body, mind, reputation or property".
Source: Dr Samir A. Runja, STAGES OF CRIME UNDER THE INDIAN PENAL CODE 1860.
Q1: X and Y enter into a fight, and after that, Y shouts that he will kill X. Decide.
X can be punished for the offence of murder.
X can be punished for the offence of attempting to murder
X has committed no offence
X can be punished for the offence of Defamation
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Solution: As per Criminal law, the intention to commit an offence is not treated as actual committal of the event. Therefore, a person having a guilty intention to commit a crime cannot be prosecuted for the offence. Hence, (C) is the correct answer.
Q2: Mohan, who is a pickpocket, tries to steal from Raj’s pocket however, he finds out that Raj’s pocket is empty. Decide.
Mohan has committed the offence of stealing
Mohan has attempted to commit the offence of stealing
Mohan has committed the offence of robbery
Mohan has committed no offence
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Solution: In this scenario, Mohan would be prosecuted for attempting to commit theft as he had a guilty intention to steal from Raj, and even attempted to do so. Therefore, Mohan would be prosecuted for attempted theft even if Raj’s pockets were empty. Hence (b) is the correct answer.
Q3: X with an intention to kill Y fires a bullet at him. Decide when the offence of attempt to murder was committed or when it would be committed.
X fires the bullet from the gun
X plans to kill Y with a gun
X draws the gun toward Y
X’s bullet injures Y
Correct Option: A
Solution: One of the essentials of crime is injury, and the offence is complete when the other person is injured by the acts of the guilty person. However, for the offence of an attempt to murder, the act of firing with the intention to kill is sufficient to give rise to the liability. Hence (a) is the correct answer.
Q4: X administered poison pills to Y. But in actuality, the pills were only sugar balls. Decide culpability of X.
X will be held liable for Grievous Hurt
X will be held liable for an Attempt to murder
X will be held liable for Criminal Conspiracy
X committed no offence
Correct Option: B
Solution: X will be held liable for the attempt to murder. Here even though the pills were only sugar pills and not poison but X did the act with guilty intention therefore he has done everything in his capacity to murder Y. The supervening circumstances were such that the actus reus is that of attempt only. Therefore, the correct option is (b)
Q5: Fatima with her infant child jumped into a well to hide from her cruel husband. Once Fatima ran the husband never chased her. The infant died but Fatima survived. Who is liable for the death of a child?
Fatima is liable for the death of the infant child
The husband is liable for the death of the infant child
Nobody can be held liable for the death of the child
Both Fatima and her husband are equally liable
Correct Option: A
Solution: Here, Fatima is held liable for the death of an infant child because she had the knowledge that death might happen but she ran the risk of it. The husband could not be held liable because he never chased Fatima so Fatima could have hidden somewhere else too. Here even though Fatima intended to save the child but she knows that act of jumping into the well could be fatal. Hence, the correct option is (a).
Read the passage and answer the questions that follow.
“In the beginning,” of course, crime and tort were not sharply distinguished. In early common law, a victim could pursue justice for the same wrongful act either through a forerunner of criminal law or through a forerunner of tort law. But over time, criminal law and tort law have evolved to encompass a number of distinctive and contrasting features. The state prosecutes violations of criminal law. Tort law typically requires harm as a prerequisite to a remedy. Criminal law does not. Specifically, criminal law punishes not only: (a) Acts that are harmful to others, but also, (b) Acts that are harmful only or mainly to the actor being punished; (c) Dangerous acts that have not yet caused harm; and (d) Acts that the community considers immoral, even if the acts are not "harmful" in the narrower sense of the term. By contrast, tort law mainly provides a remedy for harmful acts, not for acts that create risks of future harm, and not for acts that are considered immoral but not harmful. Criminal law, in theory at least, contains a proportionality principle, requiring that the punishment "fit" the crime. The tort remedy usually does not vary with the culpability of the injurer. Suppose, in three separate incidents, injurers A, B, and C cause precisely the same harm to their respective automobile accident victims; but A is strictly liable for a manufacturing flaw in the automobile, a flaw that could not have been prevented by due care; while B is negligent for momentarily taking his eyes off the road; and C is negligent for dangerously passing another car on a busy highway. A, B, and C will pay precisely the same damages.
Thus, the requisite culpable state of mind in criminal law ranges from strict liability to negligence to recklessness to knowledge to purpose, with punishment varying according to that mens rea. (The multiple degrees and categories of homicide are the best example of this range.) And the conduct or social harm element also ranges enormously. By contrast, most tort law is governed by a negligence standard. There are relatively few categories of intentional torts and even fewer categories of recklessness and strict liability.
Q1: The Law of torts and crimes consists of many offences which are the same in substance. However, what is the key difference between offences governed by the two?
A victim’s consent is not necessary for the prosecution under criminal law while the same is mandatory under tort law
Criminal law imposes much more severe sanctions than the tort law
Criminal law prohibits public wrongs while tort law prohibits private wrongs
Punishment should be proportional to the culpability of the actor and the seriousness of the harm caused while tort law does not purport to provide remedies proportional to the injurer’s wrong.
Correct Option: A
Solution: A victim's consent is neither necessary nor sufficient for a prosecution to be brought under criminal law. In tort law, by contrast, the victim decides whether to bring a tort claim and is free to choose not to do so. This structural difference is sometimes given a more substantive gloss: criminal law prohibits "public" wrongs and tort law "private" wrongs. Criminal law often imposes much more severe sanctions than tort law, of course: loss of liberty or even of life. So the procedural protections in criminal law obviously are much more extensive and (in theory at least) a much greater barrier to liability. Punishment should be proportional to the culpability of the actor and the seriousness of the harm or wrong he has committed or threatened. But tort law does not purport to provide remedies proportional to the injurer's wrong. Therefore, the correct option is (a) A victim’s consent is necessary for the prosecution under criminal law while the same is not mandatory under tort law.
Q2: Identify the correct option for the following two statements of Assertion (A) and Reasoning (R).
Assertion (A): Criminal law contains some doctrines of strict liability with respect to the grade of the offence.
Reasoning (R): It recognises such strict liability doctrines as liability for abnormally dangerous activities.
Both (A) and (R) are correct, and (R) is the correct explanation of (A)
Both (A) and (R) are correct, but (R) is not the correct explanation of (A)
(A) is correct, but (R) is incorrect
(A) is incorrect, but (R) is correct
Correct Option: C
Solution: Criminal law requires a greater minimal level of fault before liability will be imposed than does tort law. This is a very crude generalisation, with many exceptions. Criminal law does contain some doctrines of strict liability, especially with respect to the grade of the offence (e.g., the reasonable mistake is no defence if it only goes to the number of illegal drugs that the actor possesses or to the value of the goods that he has stolen) and also with respect to mistake or ignorance of law, where even reasonable mistake or reasonable ignorance is normally no defence. Tort law recognizes such strict liability doctrines as liability for abnormally dangerous activities, for manufacturing defects in products, and for wild animals. Therefore, the second statement is incorrect. Hence c) is the right answer.
Q3: Which of the following factors are considered in criminal law which makes it to retain a broader spectrum of culpability than the tort law?
State of mind
Social Harm
Both (a) and (b)
Social anxiety
Correct Option: Both (a) and (b) Solution: Criminal law contains a much broader spectrum of fault or culpability than does tort law. The spectrum is wider along two dimensions: the state of mind, or mens rea, element and the conduct, or social harm, element. Therefore, the correct option is (c) Both (a) and (b).
Q4: As per the economists, which of the following is fundamentally recognized in criminal law than tort law?
Optimal incidence of criminal conduct is zero
Criminal law creates liability for perfectly permissible conduct.
Criminal law sometimes prices an activity
Criminal law pays more attention to the conduct of the victim than tort law.
Correct Option: A Solution: Tort law also pervasively imposes strict liability in the form of vicarious liability, especially the liability of employers for the tortious acts of their employees. More fundamentally, criminal law targets conduct that is impermissible. Or, as economists might say, the optimal incidence of criminal conduct is zero. But tort law sometimes creates liability for perfectly permissible conduct, conduct that we would not want to preclude. As Robert Cooter put it, criminal law exclusively imposes sanctions, while tort law sometimes prices an activity. Furthermore, criminal law pays much less attention to the victim's conduct than does tort law. Therefore, the correct option is (a).
Q5: Which of the following is correct about the difference between criminal law and tort law?
Criminal law remains mainly a set of common law doctrines
Criminal law tends to produce more detailed specifications of wrongful behavior than tort law.
Tort law includes many victimless wrongs i.e. wrongs in which both of the immediate parties to the transaction consent.
Both (a) and (c)
Correct Option: B Solution: Criminal law is statutory. The doctrine of common-law crimes is largely defunct. By contrast, tort law remains mainly a set of common-law, judge-made doctrines (although the statutory overlay is increasing). Criminal law, not the tort law includes many so-called victimless crimes, that is, crimes in which both of the immediate parties to the transaction consent, such as prostitution, gambling, and drug distribution. Criminal law tends to produce more detailed specifications of wrongful behaviour than tort law, which, in important domains (especially negligence), creates liability standards that are maddeningly vague. Therefore, the correct option is (b).
Read the passage and answer the questions that follow.
In the case of Bachcha Son Of Maheshwari Deen ... vs State Of U.P., it was held that “Now comes the question as to whether the appellant can be found guilty for the offence of "attempt to commit rape". To assess as to whether there was an attempt to commit rape or not by the appellant, we have to see as to what an attempt means. In every crime there is first, intention to commit, secondly, preparation to commit it, and thirdly, attempt to commit it. If the third stage i.e. the attempt is successful then the crime is complete. If the attempt fails, the crime is not complete but the law punishes the person attempting the act. Section 511 is a general provision dealing with attempts to commit offences not made punishable by other specific sections. It makes all attempts to commit offences punishable with imprisonment and not only those punishable with death. An attempt is made punishable, because every attempt, although it falls short of success, must create alarm, which by itself is an injury, and the moral guilt of the offender is the same as if he had succeeded. Moral guilt must be united to injury in order to justify punishment. As the injury is not as great as if the act had been committed, only half the punishment is awarded.
A culprit first intends to commit the offence, then makes preparation for committing and thereafter attempts to commit the offence. If the attempt succeeds, he has committed the offence; if it fails due to reasons beyond his control, he is said to have attempted to commit the offence. Attempt to commit an offence can be said to begin when the preparations are complete and the culprit commences to do something with the intention of committing the offence and which is a step towards the commission of the offence. The moment he commences to do an act with the necessary intention, he commences his attempt to commit the offence. The word 'attempt' is not itself defined, and must, therefore, be taken in its ordinary meaning. This is exactly what the provisions of Section 511 require. An attempt to commit a crime is to be distinguished from an intention to commit it, and from preparation made for its commission. Mere intention to commit an offence, not followed by any act, cannot constitute an offence. The Will is not to be taken for the deed unless there be some external act that shows that progress has been made in the direction of it, or towards maturing and affecting it. Intention is the direction of conduct towards the object chosen upon considering the motives which suggest the choice.”
Q1: X who gets a weapon or a pistol from a licensed arms and ammunition store with a permit, however, has the ultimate aim of murdering his long-term enemy Y. He keeps the weapon in his pocket but nothing does more than that. One day, X finds Y in the nearby nursery and fires, aiming at him. In the event that the shot hits Y causing fatal injury leading to his death, the attempt of X is fruitful and the goal of X is achieved. But what would be the liability of X if Y got only injured?
X will be liable for murder because Y got injured with his shot
X will not be liable for murder because Y was only injured
X will be liable for an attempt to murder
X will be liable for culpable homicide not amounting to murder
Correct Option: C Solution: Y only got injured with the shot of X in the, which was fired with the intention to murder but Y only got injured that’s why X will only be liable for the attempt to murder not murder. Hence c is the correct answer.
Q2: Which among the following is the correct arrangement for the stages of crime?
preparation, motive, attempt and accomplishment
preparation, intention, attempt and accomplishment
intention, preparation, attempt and accomplishment
intention, attempt, accomplishment and preparation
Correct Option: C Solution: In the case of every crime to be committed there are 4 stages to be committed. Firstly, intention ( mental or psycho stage)to commit it, Secondly, preparation(arrange the necessary things to commit any crime), Thirdly, attempt to commit it and lastly the accomplishment(he will be guilty of his offence). Hence c is the correct answer.
Q3: Which among the following statements correctly presents a situation that attracts the liability and punishment of the crime of murder?
Causing death by an act done with the intention of causing bodily injury as is likely to cause death
Causing death by an act done with the knowledge that it is likely to cause the death of the person
Death is caused by an act done with the intention of causing bodily injury and bodily injury intended to be inflicted is sufficient in the ordinary course of nature to cause death.
None of the above
Correct Option: C Solution: Under the Indian Penal Code definition of death has been given and defined perfectly, which tells us how death is caused by an act or with the intention of giving injuries to another person, which shows us how a person commits a crime. Hence, option C is the correct answer.
Q4: Any individual who attempts to commit suicide and does any act towards the commission of such an offence will be punished in the Indian Penal Code. Why?
Right to life does not include the right to die
Killing oneself or others is not a part of the crime
Right to life includes the right to die
None of the above
Correct Option: A Solution: Preceding Aruna Shanbaug's case, the Supreme Court had formulated an assessment on the lawfulness of suicide in Gian Kaur v. State of Punjab, in which it had held that the right to life under Article 21 does not include the option of right to die. All things considered, the court had referred to the UK choice of Airedale N.H.S. Trust v. Bland. Hence, option (A) is correct.
Q5: Which among the following is not an element of the crime?
Human being
Mens rea or guilty intention
Injury to another human being
Non-guilty intention for somebody
Correct Option: D Solution: Non-guilty intention can never be an element of the crime. For any criminal act, there needs to be a malicious or bad intention to commit any crime first. Hence option (D) is the correct option.
Read the given passage and answer the following question
The right of private defence of people is recognized in all free, civilised, and democratic societies within certain reasonable limits. Those limits are dictated in two considerations: Every member of society can claim this right- That the state takes responsibility for the maintenance of law and order-This right of private defence is preventive and not punitive. Supreme Court said that the right of private defence is a defensive right surrounded by the law and is available only when the person is able to justify his circumstances. This right is available against an offence and therefore, where an act is done in the exercise of the right of private defence, such an act cannot go in favour of the aggressor. The legal position which has been crystallized from a large number of cases is that the law does not require a citizen, however law-abiding he may be, to behave like a rank coward on any occasion. This principle has been enunciated in Mahandi v. Emperor. In GotipullaVenkatasivaSubbrayanam & Others v. The State of AndhraPradesh & Another (1970) 1 SCC 235, this court held that "the right to private defence is a very valuable right and it has been recognized in all civilized and democratic societies within certain reasonable limits. The extent to which the right may be exercised. - The right of private defence in no case extends to the inflicting of more harm than it is necessary to inflict for the purpose of defence. The extent to which the right may be exercised. - The right of private defence in no case extends to the inflicting of more harm than it is necessary to inflict for the purpose of defence. The main question that arises for adjudication, in this case, is whether the accused-appellants had the right of private defence and this is the case of exceeding the right of private defence meaning thereby, inflicting more harm than it was necessary for the purpose of defence.
Q1: Jai, a forest officer having his residence inside the protected zone fenced his quarter with electric wire as a protective measure against wild animals. One fellow officer unaware of the fact got electrocuted and suffers severe injuries. Decide on the liability of Jai.
Jai is liable to pay damages to his fellow officer
Jai is not liable for any damages as he did not have the intention to hurt the officer
Jai is protected by the right of private defence
None of the above
Correct Option: A Solution: Jai exceeds the extent to exercise his right to private defence. In the present case, the measures are excessive and hence cannot be termed as a mere private defence. Therefore, Jai is liable to pay damages to his fellow officer for the injuries sustained by him.
Q2: Murti saw some men harassing Yamuna in an empty boggy. Murti while trying to save Yamuna caught hold of one minor boy and beat the guy badly. Decide.
Murti does not have any right as Yamuna was harassed not Murti
Murti has the right to protect others too
Murti does not have the right to private defence
None of the above
Correct Option: B Solution: Murti has the right to protect the body of Yamuna. The right to private defence extends to protect the body of other's too.
Q3: According to the passage, the right of private defence is: A. Punitive in nature and exercised after an offence is committed B. Preventive in nature and exercised to avert an offence C. Exercised only when the police fail to protect the person D. Unlimited and can be used even after the danger has passed
Correct Answer: B Explanation: The passage states that the right of private defence is preventive and not punitive, meaning it is used to prevent harm rather than to punish the offender.
Q4: Which of the following statements best describes the limitation on the right of private defence? A. It can be exercised to cause any level of harm to the aggressor B. It cannot be exercised against public officials C. It extends only to inflicting harm necessary for self-protection D. It allows for revenge against the aggressor
Correct Answer: C Explanation: As per the passage, “The right of private defence in no case extends to the inflicting of more harm than is necessary for the purpose of defence.”
Q5: The Supreme Court held in Gotipulla Venkatasiva Subbrayanam v. State of Andhra Pradesh that— A. The right to private defence is available only to government officials B. The right to private defence is recognised in all civilised societies within reasonable limits C. The right to private defence can be exercised even after the act of aggression is over D. The right to private defence includes the right to punish the aggressor
Correct Answer: B Explanation: The Court held that the right to private defence is a valuable right recognized in all civilised and democratic societies within certain reasonable limits.
While NLUs are costly, you can still pursue government-funded law education through state-funded universities and their affiliated colleges that accept CLAT scores, such as institutes like Banaras Hindu University and Aligarh Muslim University.
It is always better to take the CLAT exam right after Class 12 if your goal is to build a career in law, because CLAT UG is specifically designed for admission into integrated five-year law programs like BA LLB, BCom LLB, or BBA LLB. Appearing after Class 12 saves you time, as you complete both graduation and law together in a single course. On the other hand, if you first complete graduation and then plan for law, you will not be eligible for CLAT UG but instead for CLAT PG, which is meant for admission into LLM programs. This path takes longer, because you first spend three or four years on graduation and then add another three years in an LLB program if you choose not to go for an integrated course. So, if you are already sure about pursuing law as your career, writing CLAT right after Class 12 is the smarter and time-saving option, while writing it after graduation makes sense only if you are considering higher studies in law or a shift in career later.
For CLAT, the most important topics are from Legal Reasoning, Current Affairs & GK, the Indian Constitution, English Language, Quantitative Techniques and Logical Reasoning. For a brief detail you can go through the following link:
https://law.careers360.com/articles/clat-important-topics
Read the passage carefully and answer the question
The Contract should be performed by the promisor himself. However, in certain cases, it can also be performed by his agents or legal representatives. It all depends upon the intention of the parties. Normally a contract can be performed by the following persons.
Promisor himself: If from the nature of the contract it appears that it was the intention of the parties that the promise should be performed by the promisor himself, such promise must be performed by the promisor. This usually applies to contracts involving personal skill, task, or artwork.
Promisor or his Agent: Where the contract does not involve the personal skill of the promisor, the contract could be performed by the promisor himself or by any competent person employed by him for the purpose,
Legal Representatives: The contracts which do not involve any personal skill or taste, may be performed by his legal representative after the death of the promisor.
Third Person: In some cases, a contract may be performed by a third person provided the promisee accepts the arrangement. According to Section 41 of the Indian Contract Act, once the promisee accepts the performance from a third person, he cannot compel the promisor to perform the contract again.
Performance of Joint Promises: According to section 42 of the Indian Contract Act, when two or more persons have made a joint promise, the joint promisors must fulfill the promise jointly during their lifetime. And if any one of them dies, then his legal representatives and survivors must jointly fulfill the promise.
Section 43 of the Indian Contract Act further provides that unless a contrary intention appears from the contract, each joint promisor may compel every other joint promisor to contribute equally to the performance of the promise. If any joint promisor makes a default in such contribution, the remaining joint promisors must bear the loss arising from such default in equal shares.
Question:
Aman received a box of chocolates from Basant and promised to pay Rupees 5000. Later on, A becomes bankrupt. Chetan who is a friend of Aman pays rupees 1000 to Besant on behalf of Aman. Aman is not aware of such a transaction. In civil court, insolvency proceedings have started against Aman. Meanwhile, Basant has also applied for a recovery of 5000 rupees. Decide.
Option: 1
Basant is entitled to recover the amount of 5000 from Aman.
Option: 2
Basant is entitled to recover the amount of 4000 from Aman.
Option: 3
Chetan is entitled to recover the amount of 1000 from Basant.
Option: 4
Basant cannot recover any amount from Aman as he has become insolvent.
Read the passage carefully and answer the question
The Contract should be performed by the promisor himself. However, in certain cases, it can also be performed by his agents or legal representatives. It all depends upon the intention of the parties. Normally a contract can be performed by the following persons.
Promisor himself: If from the nature of the contract it appears that it was the intention of the parties that the promise should be performed by the promisor himself, such promise must be performed by the promisor. This usually applies to contracts involving personal skill, task, or artwork.
Promisor or his Agent: Where the contract does not involve the personal skill of the promisor, the contract could be performed by the promisor himself or by any competent person employed by him for the purpose,
Legal Representatives: The contracts which do not involve any personal skill or taste, may be performed by his legal representative after the death of the promisor.
Third Person: In some cases, a contract may be performed by a third person provided the promisee accepts the arrangement. According to Section 41 of the Indian Contract Act, once the promisee accepts the performance from a third person, he cannot compel the promisor to perform the contract again.
Performance of Joint Promises: According to section 42 of the Indian Contract Act, when two or more persons have made a joint promise, the joint promisors must fulfill the promise jointly during their lifetime. And if any one of them dies, then his legal representatives and survivors must jointly fulfill the promise.
Section 43 of the Indian Contract Act further provides that unless a contrary intention appears from the contract, each joint promisor may compel every other joint promisor to contribute equally to the performance of the promise. If any joint promisor makes a default in such contribution, the remaining joint promisors must bear the loss arising from such default in equal shares.
Question:
K promises to paint a picture for L on a certain day, at a certain price. K dies before the day of the contract. Decide.
Option: 1
The contract can be enforced by K’s representative
Option: 2
The contract can be enforced by L
Option: 3
The contract can be enforced either by K’s representation or by L
Option: 4
The contract cannot be enforced either by K’s representative, or L
Read the passage carefully and answer the question
The Contract should be performed by the promisor himself. However, in certain cases, it can also be performed by his agents or legal representatives. It all depends upon the intention of the parties. Normally a contract can be performed by the following persons.
Promisor himself: If from the nature of the contract it appears that it was the intention of the parties that the promise should be performed by the promisor himself, such promise must be performed by the promisor. This usually applies to contracts involving personal skill, task, or artwork.
Promisor or his Agent: Where the contract does not involve the personal skill of the promisor, the contract could be performed by the promisor himself or by any competent person employed by him for the purpose,
Legal Representatives: The contracts which do not involve any personal skill or taste, may be performed by his legal representative after the death of the promisor.
Third Person: In some cases, a contract may be performed by a third person provided the promisee accepts the arrangement. According to Section 41 of the Indian Contract Act, once the promisee accepts the performance from a third person, he cannot compel the promisor to perform the contract again.
Performance of Joint Promises: According to section 42 of the Indian Contract Act, when two or more persons have made a joint promise, the joint promisors must fulfill the promise jointly during their lifetime. And if any one of them dies, then his legal representatives and survivors must jointly fulfill the promise.
Section 43 of the Indian Contract Act further provides that unless a contrary intention appears from the contract, each joint promisor may compel every other joint promisor to contribute equally to the performance of the promise. If any joint promisor makes a default in such contribution, the remaining joint promisors must bear the loss arising from such default in equal shares.
Question:
Rohan has agreed to manage the catering services during the marriage of Sohan’s son Ramu. On the day of marriage, Rohan felt ill and sent his manager to the management of catering services. Ramu happily gets married to Tina and people appreciated the food and decoration of the event. When Rohan asked Sohan for the remaining amount, he denied it because Rohan himself had not managed so it is a breach. Decide.
Option: 1
Rohan is not entitled to get the remaining amount due to a breach of contract.
Option: 2
Rohan is entitled to sue Sohan for the remaining amount.
Option: 3
Rohan is entitled to sue Ramu because it was his marriage.
Option: 4
Instead of Rohan, his manager can only sue Sohan for the breach.
Read the passage and answer the question that follow.
Natural justice is another name for common sense justice rules of natural justice are not in codified form these principles are embedded or ingrained or inbuilt in the conscience of human beings. It supplies the omission made in codified law and helps in the administration of justice. Natural justice is not only confined to ‘fairness’ it will take many shades and colours based on the context. Thus natural justice apart from ‘fairness’ also implies reasonableness, equity and equality. They are neither cast in a rigid mould nor can they be put in a legal straitjacket. These principles written by nature in the heart of mankind, they are immutable, inviolable, and inalienable.
It is true that the concept of natural justice is not very clear and, therefore, it is not possible to define it; yet the principles of natural justice are accepted and enforced. In the case of Ridge V. Baldwin Court observed that “in modern times have sometimes been expressed to the effect that natural justice is as vague as to be practically meaningless. But I would regard these as tainted by the perennial fallacy that because something cannot be cut and dried or nicely weighed or measured therefore it does not exist”. The term natural justice signifies fundamental rules of judicial procedure and fair play in action. According to Lord Widgery “the principles of natural justice were those fundamental rules; the breach will prevent justice from being seen to be done”. Earliest expression of ‘natural justice’ could be found in the philosophical expression of Roman Jurist (jus natural) and signified rules and principles for the conduct of man which were independent of enacted law or customs and could be discovered by the rational intelligence of man and would grow out of and conform to his nature.
The rule against bias that surfaced in 1610 in Dr Bonham's Casewhere Chief Justice Coke went so far as to say that the Court could declare an Act of Parliament void if it made a man as judge in his own cause, or otherwise ‘against common right and reason’. This was one of his grounds for disallowing the claim of the College of Physicians to fine and imprison Doctor Bonham, a Doctor of Physics of Cambridge University, for practising in the city of London without the licence of College of Physicians. The statute under which the College acted provided that fines should go half to the King half to the College so that the College had a financial interest in its own judgement and was judged in its own cause.
Question:
X is a student of a college and his father Y is a professor in the same college. In one instance, X is caught to be involved in unparliamentary activities inside the college campus. The enquiry committee is set up and Y is appointed as the head of the committee. Decide.
Option: 1
Y is a professor of the same college hence he can become a member of the enquiry committee
Option: 2
Y is X’s father hence he should not be a part of the enquiry committee
Option: 3
Y can be a part of the enquiry committee but cannot be its head
Option: 4
There is no rule that prevents the appointment of Y until he fulfils his function diligently
Read the passage and answer the question that follow.
Natural justice is another name for common sense justice rules of natural justice are not in codified form these principles are embedded or ingrained or inbuilt in the conscience of human beings. It supplies the omission made in codified law and helps in the administration of justice. Natural justice is not only confined to ‘fairness’ it will take many shades and colours based on the context. Thus natural justice apart from ‘fairness’ also implies reasonableness, equity and equality. They are neither cast in a rigid mould nor can they be put in a legal straitjacket. These principles written by nature in the heart of mankind, they are immutable, inviolable, and inalienable.
It is true that the concept of natural justice is not very clear and, therefore, it is not possible to define it; yet the principles of natural justice are accepted and enforced. In the case of Ridge V. Baldwin Court observed that “in modern times have sometimes been expressed to the effect that natural justice is as vague as to be practically meaningless. But I would regard these as tainted by the perennial fallacy that because something cannot be cut and dried or nicely weighed or measured therefore it does not exist”. The term natural justice signifies fundamental rules of judicial procedure and fair play in action. According to Lord Widgery “the principles of natural justice were those fundamental rules; the breach will prevent justice from being seen to be done”. Earliest expression of ‘natural justice’ could be found in the philosophical expression of Roman Jurist (jus natural) and signified rules and principles for the conduct of man which were independent of enacted law or customs and could be discovered by the rational intelligence of man and would grow out of and conform to his nature.
The rule against bias that surfaced in 1610 in Dr Bonham's Casewhere Chief Justice Coke went so far as to say that the Court could declare an Act of Parliament void if it made a man as judge in his own cause, or otherwise ‘against common right and reason’. This was one of his grounds for disallowing the claim of the College of Physicians to fine and imprison Doctor Bonham, a Doctor of Physics of Cambridge University, for practising in the city of London without the licence of College of Physicians. The statute under which the College acted provided that fines should go half to the King half to the College so that the College had a financial interest in its own judgement and was judged in its own cause.
Question:
Mr X is an employee of a corporate office. His wife Y is a judge. In one instance, X is found to be involved in a money laundering case at his office. The office now files a suit and Y is appointed as the judge for this case. Decide.
Option: 1
Y is a judge by herself, hence can be appointed to adjudicate this case
Option: 2
Y is can be appointed as a judge only if she fulfils her responsibilities without any bias
Option: 3
Y can adjudicate the case and if the company finds the penalty to be insufficient then they can appeal against it
Read the passage and answer the question that follow.
Natural justice is another name for common sense justice rules of natural justice are not in codified form these principles are embedded or ingrained or inbuilt in the conscience of human beings. It supplies the omission made in codified law and helps in the administration of justice. Natural justice is not only confined to ‘fairness’ it will take many shades and colours based on the context. Thus natural justice apart from ‘fairness’ also implies reasonableness, equity and equality. They are neither cast in a rigid mould nor can they be put in a legal straitjacket. These principles written by nature in the heart of mankind, they are immutable, inviolable, and inalienable.
It is true that the concept of natural justice is not very clear and, therefore, it is not possible to define it; yet the principles of natural justice are accepted and enforced. In the case of Ridge V. Baldwin Court observed that “in modern times have sometimes been expressed to the effect that natural justice is as vague as to be practically meaningless. But I would regard these as tainted by the perennial fallacy that because something cannot be cut and dried or nicely weighed or measured therefore it does not exist”. The term natural justice signifies fundamental rules of judicial procedure and fair play in action. According to Lord Widgery “the principles of natural justice were those fundamental rules; the breach will prevent justice from being seen to be done”. Earliest expression of ‘natural justice’ could be found in the philosophical expression of Roman Jurist (jus natural) and signified rules and principles for the conduct of man which were independent of enacted law or customs and could be discovered by the rational intelligence of man and would grow out of and conform to his nature.
The rule against bias that surfaced in 1610 in Dr Bonham's Casewhere Chief Justice Coke went so far as to say that the Court could declare an Act of Parliament void if it made a man as judge in his own cause, or otherwise ‘against common right and reason’. This was one of his grounds for disallowing the claim of the College of Physicians to fine and imprison Doctor Bonham, a Doctor of Physics of Cambridge University, for practising in the city of London without the licence of College of Physicians. The statute under which the College acted provided that fines should go half to the King half to the College so that the College had a financial interest in its own judgement and was judged in its own cause.
Question:
X was a renowned cricketer in the 1980s. His son Y is a struggling cricketer who has been trying to get into the national team for many years. In the year 2020, X is appointed as a member of the selection committee. In the match which is supposed to decide the final team of the nation, Y scores a century and Z scores 65 runs. However, Z is selected to represent India and Y is not. Y now appeals against the decision, the main ground being the presence of X in the committee. Decide.
Option: 1
The appeal will stand as Y scored a century yet Z was selected after scoring 65 runs
Option: 2
The appeal will be quashed since X’s presence should have benefitted Y, but it didn’t, hence the rejection of Y is valid
Option: 3
The appeal will stand as X’s presence is a factor of bias
Option: 4
The appeal will be quashed since X was a renowned cricketer
Read the passage and answer the question that follow.
Natural justice is another name for common sense justice rules of natural justice are not in codified form these principles are embedded or ingrained or inbuilt in the conscience of human beings. It supplies the omission made in codified law and helps in the administration of justice. Natural justice is not only confined to ‘fairness’ it will take many shades and colours based on the context. Thus natural justice apart from ‘fairness’ also implies reasonableness, equity and equality. They are neither cast in a rigid mould nor can they be put in a legal straitjacket. These principles written by nature in the heart of mankind, they are immutable, inviolable, and inalienable.
It is true that the concept of natural justice is not very clear and, therefore, it is not possible to define it; yet the principles of natural justice are accepted and enforced. In the case of Ridge V. Baldwin Court observed that “in modern times have sometimes been expressed to the effect that natural justice is as vague as to be practically meaningless. But I would regard these as tainted by the perennial fallacy that because something cannot be cut and dried or nicely weighed or measured therefore it does not exist”. The term natural justice signifies fundamental rules of judicial procedure and fair play in action. According to Lord Widgery “the principles of natural justice were those fundamental rules; the breach will prevent justice from being seen to be done”. Earliest expression of ‘natural justice’ could be found in the philosophical expression of Roman Jurist (jus natural) and signified rules and principles for the conduct of man which were independent of enacted law or customs and could be discovered by the rational intelligence of man and would grow out of and conform to his nature.
The rule against bias that surfaced in 1610 in Dr Bonham's Casewhere Chief Justice Coke went so far as to say that the Court could declare an Act of Parliament void if it made a man as judge in his own cause, or otherwise ‘against common right and reason’. This was one of his grounds for disallowing the claim of the College of Physicians to fine and imprison Doctor Bonham, a Doctor of Physics of Cambridge University, for practising in the city of London without the licence of College of Physicians. The statute under which the College acted provided that fines should go half to the King half to the College so that the College had a financial interest in its own judgement and was judged in its own cause.
Question:
X is a married judge who is well known for his honesty in the entire city. He has a son Y. One fine day Y gets kidnapped and the kidnapper demands a sum of 20 lakhs from X. However, the kidnapper is caught by the police. X is now appointed as the judge for the hearing of the kidnapper. Decide.
Option: 1
X can be the judge since he can decide the punishment better as he was the sufferer
Option: 2
X cannot be the judge since there is a possibility that he will be biased while delivering the judgement
Option: 3
X can be the judge since he is renowned for his honesty and fulfil his duties
Option: 4
X can be the judge but his statement can be appealed against if delivered with bias
Read the passage and answer the question that follow.
Natural justice is another name for common sense justice rules of natural justice are not in codified form these principles are embedded or ingrained or inbuilt in the conscience of human beings. It supplies the omission made in codified law and helps in the administration of justice. Natural justice is not only confined to ‘fairness’ it will take many shades and colours based on the context. Thus natural justice apart from ‘fairness’ also implies reasonableness, equity and equality. They are neither cast in a rigid mould nor can they be put in a legal straitjacket. These principles written by nature in the heart of mankind, they are immutable, inviolable, and inalienable.
It is true that the concept of natural justice is not very clear and, therefore, it is not possible to define it; yet the principles of natural justice are accepted and enforced. In the case of Ridge V. Baldwin Court observed that “in modern times have sometimes been expressed to the effect that natural justice is as vague as to be practically meaningless. But I would regard these as tainted by the perennial fallacy that because something cannot be cut and dried or nicely weighed or measured therefore it does not exist”. The term natural justice signifies fundamental rules of judicial procedure and fair play in action. According to Lord Widgery “the principles of natural justice were those fundamental rules; the breach will prevent justice from being seen to be done”. Earliest expression of ‘natural justice’ could be found in the philosophical expression of Roman Jurist (jus natural) and signified rules and principles for the conduct of man which were independent of enacted law or customs and could be discovered by the rational intelligence of man and would grow out of and conform to his nature.
The rule against bias that surfaced in 1610 in Dr Bonham's Casewhere Chief Justice Coke went so far as to say that the Court could declare an Act of Parliament void if it made a man as judge in his own cause, or otherwise ‘against common right and reason’. This was one of his grounds for disallowing the claim of the College of Physicians to fine and imprison Doctor Bonham, a Doctor of Physics of Cambridge University, for practising in the city of London without the licence of College of Physicians. The statute under which the College acted provided that fines should go half to the King half to the College so that the College had a financial interest in its own judgement and was judged in its own cause.
Question:
X and Y have been married for five years. X is a judge and Y is a doctor. X is pretty much unhappy with his married life so he wants to divorce Y. Y refuses to agree to a divorce by mutual consent hence X files a suit against Y. Decide.
Option: 1
X cannot file a suit since he is a judge
Option: 2
X can file a suit against Y in legal capacity but not as a judge
Option: 3
X cannot file a divorce suit against Y since there is no valid ground for divorce
Option: 4
X can proceed with mutual consent but not contested divorce
Read the passage and answer the question that follow.
In the case of M/S Halonex Limited, 59-A Noida vs State of U.P., it was held that “In reply to the aforesaid submission, learned counsel for opposite party no.2 submitted that the case of the applicants that no amount is due from their side to the complainant is a matter of defence which cannot be considered at this stage. It has been submitted that the term 'entrustment' as used in Section 405 IPC has been given a wider interpretation. It has been submitted that the goods returned by the complainant to the Company for replacement or for reimbursement would be deemed to have been entrusted to the Company and as the applicants 2 & 3 were handling its affair they become responsible. To buttress the said submission, the learned counsel for the complainant drew the attention of the Court to a decision of the Apex Court in the case of Ram Narayan Popli Vs. Central Bureau of Investigation: (2003) 3 SCC 641, wherein it was observed that: "the term "entrustment" is not necessarily a term of law. It may have different implications in different contexts. In its most general signification all it imports is the handing over possession for some purpose which may not imply the conferring of any proprietary right at all." Attention was also drawn to an observation made in the judgment of the aforesaid case, where it was observed that: "to establish the charge of criminal breach of trust, the prosecution is not obliged to prove the precise mode of conversion, misappropriation or misapplication by the accused of the property entrusted to him or over which he has dominion. The principal ingredient of the offence being dishonest misappropriation or conversion which may not ordinarily be a matter of direct proof, entrustment of property and failure in breach of an obligation to account for the property entrusted if proved, may, in the light of other circumstances, justifiably lead to an inference of dishonest misappropriation or conversion”.
Question:
X tracks down an expensive necklace on the road. Not knowing to whom it belongs. X sells it promptly to a jeweller without attempting to find the owner or submitting the necklace to the authorities. Decide the liability of X.
Read the passage and answer the question that follow.
In the case of M/S Halonex Limited, 59-A Noida vs State of U.P., it was held that “In reply to the aforesaid submission, learned counsel for opposite party no.2 submitted that the case of the applicants that no amount is due from their side to the complainant is a matter of defence which cannot be considered at this stage. It has been submitted that the term 'entrustment' as used in Section 405 IPC has been given a wider interpretation. It has been submitted that the goods returned by the complainant to the Company for replacement or for reimbursement would be deemed to have been entrusted to the Company and as the applicants 2 & 3 were handling its affair they become responsible. To buttress the said submission, the learned counsel for the complainant drew the attention of the Court to a decision of the Apex Court in the case of Ram Narayan Popli Vs. Central Bureau of Investigation: (2003) 3 SCC 641, wherein it was observed that: "the term "entrustment" is not necessarily a term of law. It may have different implications in different contexts. In its most general signification all it imports is the handing over possession for some purpose which may not imply the conferring of any proprietary right at all." Attention was also drawn to an observation made in the judgment of the aforesaid case, where it was observed that: "to establish the charge of criminal breach of trust, the prosecution is not obliged to prove the precise mode of conversion, misappropriation or misapplication by the accused of the property entrusted to him or over which he has dominion. The principal ingredient of the offence being dishonest misappropriation or conversion which may not ordinarily be a matter of direct proof, entrustment of property and failure in breach of an obligation to account for the property entrusted if proved, may, in the light of other circumstances, justifiably lead to an inference of dishonest misappropriation or conversion”.
Question:
P borrows from L his phone for using it to call his parents. However, when L is distracted, P removes the memory card of the phone and later on sells it. Decide the liability of P.
Option: 1
P is guilty under dishonest misappropriation of property
Option: 2
P is not guilty for any offence since the phone was given with consent
Option: 3
P is guilty for theft
Option: 4
P has been handed over the phone, so he has the right to use it as he likes
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