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Legal Aptitude 12
Legal Caselets - 3
Directions for questions 1 to 25: You have been broadcasting of sting operations have been provided.
given some passages followed by five questions Since, there is no immunity provided by law,
based on each passage. You are required to choose journalists ought to adhere to the guidelines to
the most appropriate option which follows from the prevent any liability.
passage. Only the information given in the passage
should be used for choosing the answer and no Since, there is no law that deals with admissibility
external knowledge of law howsoever prominent is of evidence procured by a sting operation, courts
to be applied. need to give less recognition to Factum of
Entrapment and alluring the suspect into conferring
Passage – 1 an offense when weighed against admissibility of
evidences. More accentuation ought to be laid on
Sting Operations have been an incredible instrument the way the crime has been committed which would
in uncovering wrongdoing and defilement in the public have been committed anyway even if inducement
arena. We have seen various situations where sting was not there. Sting operations are every now and
operations have assumed a noteworthy part in again guarded on the ground that the media has a
securing justice for all. Be that as it may, a line is commitment to put the unscrupulous criminals in
required to be drawn between sting operations that the sight of people when the law enforcement
assault privacy and those which reveal debasement agencies are unwilling to do so. However, without a
and like others with a particular objective to secure strong arrangement of standards and regulations,
the very soul of the Constitution of India. In any case, these operations can similarly change into a race to
in the present circumstances where political build greater viewership ratings.
corruption is at its apex, it is difficult to essentially
discover which sting operations are politically 1. According to the passage which one of the
invigorated, which are truly proposed to filter the following best captures the author's attitude
social order, or which are truly the results of toward sting operations:
fabricated broadcast bolstered by different political (a) Sting operations are a necessity to
gatherings and their corporate benefactors. uncover wrongdoings in the public arena.
(b) Sting operations are unconstitutional as
A set of accepted rules and effective regulation is it violates a person's right to privacy.
required. It is henceforth recommended that a (c) Sting operations can be abused to satisfy
sovereign quasi-judicial organization should be personal agendas.
established that has forces of both censure and (d) Sting operations are a useful tool to
execution. It is also suggested that a law should be secure political justice but must it be
enacted to avoid media from meddling into the responsibly conducted.
privacy of individuals. A set of guidelines relating to
17. Which one of the following views can be 20. In the above mentioned, case Asha chose to
attributed to the author of the passage from file a Zero FIR in the police station near her
the last paragraph? residence in Delhi. She was told by the officer
(a) The author is certain about the efficacy in charge of the respective police station to
in the implementation of Zero FIR. file the FIR in the police station which was
(b) The author is critical about the efficacy nearest to the place where the incident
in the implementation of Zero FIR.
occurred. What recourse does Asha have?
(c) The author is critical regarding the
(a) Asha should follow the instructions of the
amending provisions which introduced the
concept of Zero FIR. police officer.
(d) The author is distraught regarding the (b) Asha should request the police officer to
amending provisions which introduced the file her FIR.
concept of Zero FIR. (c) Asha should file a complaint against the
police officer who refused to file the FIR.
18. Which of the following can be inferred from (d) Asha should not file a FIR in any police
the passage as the causative factor behind
station and should sue the culprits
the enactment of Zero FIR?
(a) The rising cases of sexual offences and directly.
the procedural fallacies of the system in
its rectification. Passage – 5
(b) The delay in the trials by the court in
cases related to sexual offences. Generally, a person is liable for his own wrongdoing
(c) The acquittal of the accused in cases of and one does not bear any obligation for the work
grave offences like accident, murder and done by others. The general rule of vicarious liability
rape due to lack of evidence. is that liability of one person for the act done by
(d) The burden on the courts due to huge of another person may arise. The law refers to this as
pending criminal cases in the country. vicarious liability.
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1 c 2 a 3 d 4 c 5 d 6 a 7 b 8 b 9 b 10 c
11 b 12 c 13 b 14 c 15 c 16 c 17 b 18 a 19 d 20 c
21 d 22 b 23 d 24 c 25 c
8. b Incorrect answers 17. b Option (b) is the correct answer as it can be inferred
Choice (a) - public domain is a vague term and doesn't from the passage that seeing the current incidents
convey a specific meaning. the author is critical and speculative regarding the
Choice (b) - Even in cases of foreseeable damages efficacy in the implementation of Zero FIR.
the right can be exercised.
Choice (c) - Only information existing on the virtual 18. a Option (a) is the correct answer as it can be inferred
space comes under its purview. from the passage that the Provision of Zero FIR was
introduced into Criminal Law (Amendment) Act, 2013
9. b Paragraph 2 last line. The information is irrelevant as
in order to speed-up the process of investigation
the information revealing her identity was not material.
and fill the voids in the existing laws which were
10. c The information could have been pulled down in cases inherently flawed due to procedural technicalities.
of private websites, but not in case of the High Court
or Supreme Court. 19. d Option (d) is the correct answer as it has been stated
in the first paragraph of the passage that a Zero FIR
11. b Option (b) is the correct answer as despite the can be filed in any police station irrespective of
argument from the police, the court held that the jurisdiction.
petitioner was not liable of being arrested as the
offence he was accused of was not of cognisable
20. c Option (c) is the correct answer as it has been
nature.
mentioned in the passage that if there is a failure in
12. c Option (c) is the correct answer as it has been held lodging a Zero FIR by any police officer, it would
by the court that - "Depriving a person of his liberty attract a rigorous imprisonment of six months
guaranteed by Article 21 of the Constitution of India extendable up to 2 years. Therefore, Asha has the
cannot be left to the whims and wishes of the police right to file a complaint against the police officer who
officer, and if it is permitted it would be conferring has refused to file the Zero FIR.
arbitrary and unbridled powers on the police officers."
Therefore, opinion of the police officer regarding the 21. d Option (d) is the correct answer as none of the
nature of offence should never be regarded as statements can be inferred from the passage.
conclusive.
22. b Option (b) is the correct answer as the complete
13. b Option (b) is the correct answer as the term "sine quo
meaning of the term joint and several liability is
non" refers to an essential condition which in the
context of the sentence is used to state that preventive expressed in (b) by mentioning the element of payment
action is a necessary condition to proceed under on being asked to do so.
Section 151(1).
23. d Option (d) is the correct answer as all the statements
14. c Option (c) is the correct answer as A was not going to given are flawed with respect to vicarious liability.
commit any offence and taking part in a protest does
not give the right to the police to arrest A. 24. c Option (c) is the correct answer as by failing to put
Option (d) is incorrect as (c) is a better option by the seal the act was not ratified by the company and
virtue of it talking about the process to commit an
thus only A would be liable to pay.
offence rather than the actual commission of offence.
15. c Option (c) is the correct answer as the police is not 25. c Option (c) is the correct answer as since A would not
liable as the offence of which A was accused off be able to bear his half, the same shall be shared by B
was of theft (irrespective of the amount of money and C is they are jointly responsible towards the firm's
stolen) which is not a petty offence and the detention debt.
was not wrongful.