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Question
Principle: A man is guilty of not only for what he actually does but also for the consequences of his doing.
Facts: A wanted to kill the animal of B. He saw B standing with his animal and fired a gunshot at the animal. The gunshot killed B.
Options
A is guilty of killing B.
A is not guilty of killing B.
B is guilty of standing with the animal.
A did not know that the gun shot will kill B.
Solution
A is guilty of killing B.
Explanation:
A is guilty of killing B. In this case, the principle is that a man is not only guilty for what he does but also for the consequences of his doing. Here the consequence that follows is the death of B due to the action of A.
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Direction : The passage given below is followed by a set of question. Choose the most appropriate answer to each question.
On May 14, the Ministry of Home Affairs issued a Request for Proposal (RFP) to select a private agency for creating a National Database of Sexual Offenders for India. The said RFP states that the purpose of establishing the database of sex offenders is to help in the early detection and prevention of crime against women, arrests of persons accused of criminal offences and to keep a watch on habitual offenders. Media reports suggest that the public will have access to the details regarding convicted sex offenders and law enforcement officials will have access to data about persons on trial for sexual offences. This registry seems to be one more knee-jerk and populist reaction to the problem of sexual violence against women and children in India.
The ministry seems to have launched this initiative without analysing the evidence on the limited efficacy of such registries in other jurisdictions in reducing rates of repeat offending and without examining its appropriateness in the Indian context. Various states in the US have had such publicly accessible registries for around 28 years and multiple studies have shown that they have limited public safety benefits and significant social costs. Sex offender registries are predicated on the assumption that convicted sex offenders have a high likelihood of committing offences after serving their sentences. This assumption is not borne out by data. In India, the percentage of recidivism among arrested persons according to data collected by the National Crime Records Bureau (NCRB) for 2016 is only 6.4%.
The registry is being proposed in response to widely-reported horrific incidents of rape. The logic seems to be that if the police have a list of offenders living in the area, investigation becomes simpler and people, especially parents, can be more vigilant if they are aware of offenders living around them. However in India, as per the NCRB data for 2016, in 94.6% of reported cases of rape against women and children, the perpetrator is known to the victim. Such a registry offers little protection from such offenders. In fact, the fear of the offender being included in the registry may exacerbate the problem of underreporting by making people apprehensive about reporting sexual violence involving family members and acquaintances.
Once the general public has unfettered access to data about sex offenders online, it can open a Pandora's Box. The fears of offenders being ostracised and vilified become very real. Among a host of foreseeable problems, they will find it particularly tough to find employment or housing. India has already witnessed cases of lynchings of people suspected to be child kidnappers. It is not paranoid to expect the public reaction to convicted offenders to be much worse. Once offenders are pushed into the margins, their access to treatment, supervision and support systems becomes diminished, which may be quite counterproductive. If the state imposes restrictions on where such offenders can live, the housing crisis they will face will be exacerbated. They may become homeless or be compelled to live in areas far from home where they may face less scrutiny. The stigma and ostracisation that such offenders will face will invariably extend to their families. Studies in the US have shown that a combination of social ostracisation, lack of psychiatric support and the inability to find a job or housing, can even increase chances of recidivism; thus, defeating the very purpose of the registry. In such circumstances, registration in such a database can turn into a 'scarlet letter' like badge of shame that can punish offenders much beyond their sentences and make their rehabilitation and reintegration into society next to impossible.
As per the National Family Health Survey (NFHS) data from 2015-2016, we know that 85% of cases of sexual violence against women, which excludes cases of marital rape and assault, go unreported. Such a registry does not begin to address this problem.
Before implementing this registry, the Ministry of Home Affairs must create a research base on recidivism among sex offenders and the risk factors and hold a much broader public debate on the need for the registry. This is not to say that sexual offences are not an urgent problem. In the Indian context, the focus needs to be shifted to tackling barriers to reporting, training law enforcement officials and providing support to survivors rather than this ill-conceived registry.
Which of the following is mentioned in the statement of RFP?
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 offences 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.
With reference to the above passage, which of the following will be effective in tackling the problems associated with juvenile delinquency?
1. Providing bails easily for the minor offender
2. Giving the minor offender a proper right to privacy
3. Providing services which are parallel to the criminal justice system
4. Making sure that the offender is not unnecessarily imprisoned.
Minimum number of persons required to commit an affray is –
Sexual intercourse by a man with a woman even with her consent is rape if she is below the age of –
Under the Indian Penal Code, abetment is constituted :
Indian penal code 1860 was drafted by
A intentionally causes Z’s death, partly by illegally omitting to give Z food, and partly by beating Z.
Answer the question which follows form the application of the under mentioned legal principle.
Principle: False imprisonment is a total restraint of the liberty of a person, for however short a time, without lawful excuse.
A was suspected of having committed the murder of B. C, a policeman who was investigating into B's murder saw A in a market. He went up to him, caught hold of his hand and prevented him from going anywhere.
Principle: Whoever intentionally puts any person in fear of any injury to that person, or to any other, and thereby dishonestly induces that person so put in fear to deliver to any person any property, commits extortion.
A entered B's house, caught hold of B, S daughter C and threatened to stab her if A did not give him ₹10,000 immediately. B did so. A is prosecuted for extortion.
Principle: Whoever with the intent to cause, or knowing that he is likely to cause wrongful loss or damage to the public or to any person, causes the destruction of property, or any such change in any property or in the situation thereof as destroys or diminishes its value or utility, of affects it injuriously, commits mischief.
A lent his laptop to B. When in possession of the laptop, B inserted a pen drive into the laptop. When he did a virus scan, he realised that the pen drive was infected. Since he urgently required a file that was on the laptop, he nevertheless opened the files on the pen drive, in the process infecting the laptop.
