(Download) UPSC Mains 2013 : Optional Question Paper
Law Paper - 2
Subject: Law Paper - 2
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Section – A
1. Answer the following (answer to each part must not exceed 125 words).
Support your answer with the help of legal provisions and decided cases: 10 × 5
(a) “The word ‘Voluntary’ as used in the Indian Penal Code is very
significant and it does not mean willingly but knowingly or intentionally.”
(b) “Fake police encounters are nothing but murders and police officers
committing it without any protection of law to them deserve death penalty as the
cases fall into rarer of the rarest category.” Comment.
(c) “Nuisance as a tort means an unlawful interference with a person’s use or
enjoyment of land or some right over or in connection with it.” Comment
(d) “Involuntary drunkenness is a defence.” Critically examine the law relating
to intoxication as defence.
(e) “The definition given under the Consumer Protection Act, 1986 gives
altogether a new legal colour and scope to the term ‘Consumer’.” In the light of
this statement, explain the term ‘Consumer’.
(a) X, the producer of a film showing life of ‘homosexuals’, is prosecuted
under Section 292 of the Indian Penal Code, alleging that the film was obscene
and indecent. The film was certified by the Censor Board of Film of India for
X intends to claim protection against his charge under Section 79 of the Indian
Penal Code. Can he do so? Justify your answer. 25
(b) The natural calamity in Uttrakhand left hundreds dead. Some people were seen
removing gold ornaments, watches and other valuables from these dead bodies. Few
days later, police apprehended them and wanted to prosecute them. Under which
provision of the Indian Penal Code can they be prosecuted? Discuss 25
(a) “Assault is an act of the defendant which causes to the plaintiff
reasonable apprehension of the infliction of a battery on him by the defendant.”
Comment and distinguish between assault and battery. 20
(b) X sends an e-mail to Y containing defamatory matters against him. The e-mail
is received by Y who deletes it after reading. Is X liable for publication?
Refer to relevant case law. 15
(c) X, while driving car, suddenly became unconscious and fell back in his seat.
The car became uncontrolled, it hit and killed Y. discuss the liability of X. 15
(a) “Plea bargaining, which was considered unconstitutional,
illegal and tending to encourage complaint, collusion and pollution of the pure
punt of justice, is now a part of sentencing under the Indian Criminal Law.”
(b) Q refused to marry her boyfriend P, resulting into P’s depression. Mr. R, a
friend of P, suggested him to take revenge with an intention that P will come
out of shock. R provided with a bottle of liquid believing it as acid. P mistook
X to be Q in darkens and threw it on her (X) causing rashes on the face of X,
which later resulted into serious injuries. The investigations revealed that it
was not acid but was a concentrate of fungicide. Decide the liability of P and R
in the case, keeping in mind that defence which may be available to P and R. 25
5. Answer the following (answer to teach part must not exceed 125 words).
Support your answer with legal provisions and decided cases: 10 × 5 = 50
(a) “Indemnity’ has relation to the conduct either of the indemnifier himself
or of a third party. A ‘Guarantee’ is always related to the conduct of a third
(b) “Privity of contract is no longer a rule but only an exception.” Explain in
the context of modern transactions.
(c) “The copyright exists in expression but not in idea.” Discuss with the helf
of the provisions of Copyright Act and case law.
(d) “The principle of ‘holding out’ is based on the principle of estoppels.”
(e) “Once an instrument passes through the hands of a holder in due course, it
is purged of all defects, it is true like a current coin.” Explain
(a) “It has been a common statement of the law that while relief is available
for certain kinds of mutual mistake, it is unavailable for unilateral mistake
unless the other party knew or had reason to know of the mistake.” Critically
examine the statement with leading case law. 25
(b) Critically analyse the term ‘inventive steps’ as incorporated under the
Patent (Amendment) Act, 2005. Do you agree with the present definition? Refer to
recent case law. 25
(a) “An attempt by all political parties to bring amendments to the RTI Act,
2005 is to sabotage the steps towards transparency of governance in this
country.” Critically evaluate the statement. 25
(b) In matters such as enforcement of social, economic, cultural or political
rights or civil liberties or gender concerns, courts in India have been inclined
to apply relaxed rules of standing or litigational competence rather than strict
rules of locus. Discuss. 25
(a) Competition Law in India has not achieved the result as was expected.
Discuss the bottlenecks with which it suffers and suggest the remedies necessary
to make it fruitful. 25
(b) Corporate causing havoc to the wildlife existing on seashores is an extreme
type of environmental crime and laws are almost non-existent to deal with them
directly. Discuss. 25