Criminal Law

Haryana Civil Service (Judicial)
Examination  2001
Criminal Law paper – III
Time  :  3 Hours                                                                                                                                                                              M.M. 200
Note  :  All questions are compulsory.  Answer all of them.

Q.  1(a)  Under what circumstances may an offence outside India be tried as an offence committed in India  ?
(b)  If two persons commit the same act, can they be guilty of different offences in respect of that act?
(c)  What is the law in the Indian Penal Code as to illegal omissions  ?
Q.  2(a)  He who preserveth his own life at the expense of another man's life is excusable through unavoidable necessity.  Examine the correctness of this statement explaining how far it is true at the present time.
(b)  A instigates B to murder C but B refuses to do so.  Has A committed any offence  ?  If so, what  ?
(c)  To what extent, if at all, and subject to what limitations, if any, will a mistake of fact afford a valid defence  ?
Q.  3(a)  A, in support of a just claim which B has against Z for one hundred Rupees, falsely swears on a trial that he heard Z admit the justice of B's claim.  What offence, if any, is committed by A?
(b)  A knows Z to be behind a bush.  B does not know it.  A intending to cause Z's death, induces B to fire at the bush.  B fires and kill Z.  What offence, if any, is committed by A?
(c)  A makes a hole through the wall of Z's house and puts his hand through the aperture.  What offence, if any, is committed by A  ?
Q.  4(a)  A says of a book published by Z – "Z's book is foolish.  Z must be a weak man.  Z's book is indecent.  Z must be a man of impure mind".  What offence is committed by A, if any  ?
(b)  Explain criminal misappropriation.  Is a dishonest misappropriation for a time only a misappropriation  ?
(c)  What facts are essential to constitute theft  ?
Q.  5(a)  Evidence must be confined to the matter in issue.  Explain and state briefly the exceptions to this rule.
(b)  The rules of evidence are in general, the same in civil and criminal proceedings.  Mention any three exceptions to this statement.
(c)  What are admissions  ?  Who can make them and when they can be used by or on behalf of persons making them  ?
Q.  6(a)  A intentionally and falsely leads B to believe that certain land belongs to A and thereby induces B to buy and pay for it.  The land afterwards becomes the property of A and A seeks to set aside the sale on the ground that at the time of sale, he had no title.  Can A be allowed to prove his want of title?
(b)  A sues B for land of which B is in possession, and which, as A asserts, was left to A by the will of C, B's father.  On whom lies the burden of proof – A or B?
(c)  What are the general provisions regulating the burden of Proof  ?  IIIustrate your answer by examples.
Q.  7(a)  A, a client says to B, an attorney – "I wish to obtain possession of property by the use of forged deed on which I request you to sue"?  Is this communication protected from disclosure  ?
(b)  Can a wife be compelled to give evidence against her husband in a civil or criminal case  ?  Answer with reasons.
(c)  What constitutes incompetency to give evidence  ?  Can a lunatic or dumb person be a competent witness  ?
Q.  8(a)  In what cases a police officer may arrest any person without an order from a magistrate and without a warrant  ?
(b)  What are the provisions in the Criminal Procedure Code regarding the search of the arrested person  ?  Does the search become illegal where no grounds of arrest are given to the accused  ?
(c)  Briefly state the processes to compel appearance of the accused or of witnesses before a court.