University of Delhi 2008 LL.M Constitutional & Administrative Law Law - Question Paper

LL.B. I Term Examinations, December, 2008
Note: Attempt 5 ques. including ques. No. one which is compulsory and at
lowest 1 ques. from Part II. All ques. carry equal marks.
1. Attempt briefly any 4 of the following:
(a) Distinguish ranging from mistake of fact and mistake of law;
(b) Attempt to commit suicide under part 309 I.P.C.;
(c) Right to consult a legal practitioner;
(d) Confessional statement under part 164 Cr. P.C.;
(e) Rights of an arrested person.
Part - I
2. "Mens rea, by necessary implication, can be excluded from a statute only where it is
absolutely clear that the implementation of the object of a statute would otherwise be
defeated."
discuss this statement with the help of different judgements provided by the Supreme
Court.
3. (a) Where the accused struck a blow with a spear causing death in return for an attack by
the deceased with a lathi, has the accused exceeded his right of private defence?
(b) A makes an attack upon B. It appeared by the manner of the assault, the weapon used
and the other circumstances attending the assault, that life of B was in imminent
danger. B killed A. Will the killing of A be justified under the provisions of private
defence?
4. (a) A killed his spouse and daughter with a chopper, locked himself inside the house and
shouted. 'save my wife, save my child, call the police'. When the door was opened
from outside with an axe, he was obtained standing near the door with a chopper in his
hand, while his spouse and daughter were lying on the ground with bleeding injuries. A
plea of insanity was set up. Will he succeed?







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(b) X, who was drunk at his friend's birthday party, ravished a girl of four years of age and,
in aid of the act of rape, he placed his hand upon her mouth to stop her from
screaming, at the identical time pressing his thumb upon her throat with the outcome that
she died of suffocation. Drunkenness was pleaded as a defence. Argue.
5. (a) A administers B 1 of a series of doses of poison, the cumulative effect of which is
to kill him. Decide the liability, if any, of A.
(b) Z administers to Y a drug with an intent to procure an abortion. It turns out that Y
was not truly pregnant. Can Z be guilty of attempt to reason miscarriage?
6. (a) Under part 34 I.P.C., joint liability is based on common intention, while under
part 149 it is based upon common object and knowledge of the probability.
Compare the 2 parts.
(b) About 100 people forcibly entered into 1 of the leading corporate offices in Delhi.
a few of them assaulted people in the office and 1 of the officials was even killed.
All of them were arrested and subsequently charged under part 302/149 of the
I.P.C. Those who did not participate but simply witnessed the happening plead
defence. Argue from both sides.
Part - II
7. (a) Commenting on the principle of 'bail not jail' enumerate the guidelines evolved by
courts in granting bail in respect of non-bailable offences.
(b) A is tried for causing grievous hurt and convicted. The person injured afterwards dies.
Can A be tried for culpable homicide?
8. (a) State the procedure of investigation in cognizable cases.
(b) "Western concept of plea bargaining is best suited to Indian conditions." Critically
evaluate this statement.

Earning:   Approval pending.