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प्रश्न
Principle: A spouse is not permitted to put in evidence in any court, any communication during the marriage between the spouses without the consent of the person who made the communication.
Facts: X who is the wife of Y saw her husband (Y) coming out of the neighbour‘s house at 6.00 am in the morning. Y told his wife X that he has murdered the neighbour and handed over the jewellery of that neighbour to his wife.
विकल्प
X is allowed to appear as a witness in court to depose that her husband has told her that he committed a murder
X is not allowed to appear as a witness at all in any court
X is not allowed to appear as a witness to depose what was told by the husband to her, however, she can depose what she saw
X is an independent woman and she can do whatever she wants
उत्तर
X is not allowed to appear as a witness to depose what was told by the husband to her, however, she can depose what she saw
Explanation:
According to the principle, a spouse is prevented from stating the communication between her and her husband without his consent. However, she is not prevented from stating what she saw.
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संबंधित प्रश्न
Direction : The passage given below is followed by a set of questions. Choose the most appropriate answer to each question.
Juvenile delinquency is defined as "the habitual committing of criminal acts or offenses by a young person, especially one below the age at which ordinary criminal prosecution is possible." These acts are committed mostly by teenagers, cumulative in today's civilization, which is a very concerning matter and cannot be snubbed. The more concerning matter is that generations of youth are believed to be the future of the world. Their behavior shows how tomorrow's future will be.
Juvenile delinquency has become a major problem, and only by addressing the basics can it be tackled. Attention towards co-curricular activities should be given to mold the child in the right and engaging way. The more he is forced to obey rules at school, diktats at home, mores of the society, the more he will escape to criminal acts in order to vent out his frustration. Forcing him will only make him hate it all. Hence, the approach should be to make exercises of discipline, etiquette, and moral sense interesting. This is where cocurricular activities come into play.
Juvenile offenders have the same set of constitutional guarantees as an adult, such as a fair trial. But very often, adult offenders are able to secure bail faster than a juvenile offender. Merely because the juvenile is not punished, it can in no way take away his/her constitutional guarantees of liberty. The only difference is that, unlike adult offenders, the state must protect, and ultimately rehabilitate, juvenile offenders. But protection cannot become custody. Also, the statute stresses on privacy as a right for the juvenile offender. But in the garb of privacy, there is very little effort for scrutiny and transparency in the process. The statute focuses on necessary infrastructure with significant involvement of informal systems, specifically the family, voluntary organizations, and the community, to provide a system separate from the criminal justice system. For this to become a reality, we must build effective linkages between districts and states, among various government agencies in association with child rights groups, along with effective legal services for the children and their families. Otherwise, juvenile justice will become a poor copy of the criminal justice system, only hardening the children caught in it.
Therefore, the Juvenile Justice law should address the issues relating to children alleged and found to be in conflict with law and children in need of care and protection by catering to their basic needs through proper care, protection, development, treatment, social re-integration, by adopting a child-friendly approach in the adjudication and disposal of matters in the best interest of children and for their rehabilitation through processes provided, and institutions and bodies established.
By addressing the basics issues the problem of Juvenile delinquency can be tackled…hereby basics, the author refers to
In which of the following mens rea has been considered to be an essential element of an offence?
A makes an attempt to pick the pocket of B by thrusting his hand into B’s pocket. A fails in attempt in consequence of B’s having nothing in his pocket. A is guilty of–(M.P.C.J.)
A finds a purse with money not knowing to whom it belongs he afterward discovers that it belongs to B and appropriates to his own use. A is guilty of –
Abetting the commission of suicide is dealt under :
The Indian penal code 1860 extends to
Court of justice defined in sec_____ IPC
Answer the question which follows form the application of the under mentioned legal principle.
Principle: An assault is an attempt to do a corporeal hurt to another, coupled with an apparent present ability and intention to do that act. A battery is the intentional and direct application of any physical force to the person of another A was sitting on a chair reading a book. His friend. B decided to play a practical joke on him. Accordingly, he pulled the chair from under him, as a result of which A landed on the floor.
Principle: Whoever intending to take dishonestly (with an intention to cause wrongful loss to another or wrongful gain to himself) any moveable property without that person's consent, moves that property in order to such taking is said to commit theft. (Common for Q. No. 18 and 19) A had lent his watch to B for a period of a month. Two days after he had done so, he walked into B's office to find the watch on B's table. He decided to take the watch back. A was prosecuted for theft.
Principle: When two or more persons agree to do an illegal act, it is criminal conspiracy punishable with imprisonment.
Facts: Mr. Bharath is a student of B.E. in Computer Science. He loves his computer very much. He considers his computer as his close friend and companion. On 1.4.2006, while interacting with his computer, he hacked into the Bank account of Mr. Javed and was successful in withdrawing money from Mr. Javed's bank account. He did it to please his girlfriend.
