UPSC Mains Law Paper Topic : General Exceptions
- Amplify the view that our penal law does not recognise insanity that affects our emotions which prompt our actions, and the will by which our actions are performed. (93/II/ 5b/ 20)
- Examine the criminal liability of A in the following: (96/II/2b(i)/15) A, with a known background of sleep- walking, got up from sleep one night, walked to the garage while asleep and drove away in his car in that condition for quite some distance. He halted the car at his brother-in-law’s place, entered the room where his brother-in-law was asleep and gave a hard blow to him, thereby severely injuring-him. In a prosecution for attempt to commit murder A’s lawyer pleads nonsense automatism, on the basis of which he seeks an acquittal. Decide. Do you think that this case should be dealt with under section 84 of the Indian Penal Code?
- “Under the Indian Penal Code there is no right of private defence in which there is time to have recourse to the protection of public authorities.” Examine. (97/II/1a/20)
- On what grounds can a person committing any harm on a consenting individual be not punished? Is there any limit to the harm or can it be a harm to any extent? (98/II/1c/20)
- “Mere medical insanity is not a valid defence under the Indian Penal Code but legal insanity is.” Discuss. (0l/II/1b/20)
- “Nothing is an offence which is done by a person who is bound by law to do it.” Discuss. (0l/II/1a/20)
- Critically examine the statement with reasons and examples - The defence of irresistable impulse has frequently been rejected in charges of murder. (02/II/1b/20)
- Referring to relevant legal provisions, and decided cases, point out what offence, if any, has been committed in the following case: A sees B commit what appears to A to be a murder. A in good faith seizes B in order to bring B before the proper authorities. Later on, it turns out that B was acting in self- defence. (04/II/2b/10)
- Referring to relevant legal provisions, and decided cases, point out what offence, if any, has been committed in the following case: A soldier A fires on a mob by the order of his superior officer in conformity with the commandments of law. (04/II/2a/10)
- Discuss the law renting to commencement and continuance of the right of private defence of property. When does the right of private defence of property extend to the causing of death? (04/II/3a/30)
- Under what conditions may the defence of insanity be pleased on behalf of an accused? (05/II/1a/20)
- A with the intention in good faith of saving human life and property, in a great fire, pulls down houses in order to prevent the conflagration from spreading it. A pleads that the harm to be prevented was of such a nature and so imminent as to justify or excuse his act. Decide, whether A has committed any offence? (07/II/ 2b/ 30)
- “Right of private defence can be (Main) Law—Topic Wise Paper 54 exercised only against the offender.” Explain and discuss also the circumstances when even death can be caused of the accused in exercise of right of private defence of property. (08/lI/2a/30)
- “It is not the hindsight of a fool, it is the foresight of a reasonable man which alone can determine the liability.” Discuss. A threw a lighted cracker in a crowded market. It fell on B’s shop. C was standing nearby. To save himself and B’s shop too, C threw the cracker away. It then fell on D’s shop. D in his turn, threw it away which then fell on E who became blind. Decide, who is liable to E? (08/II/3a/30)
- ‘Necessity knows no law’. Comment giving illustrations. (09/II/1b/20)
- Right of private defence is available only against offences.” Discuss. (10/II/1b/20)
- “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. (13/II/1b/10)
