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LEGAL REASONING

Practice Sheet #03

Passage (Q.1-Q.6): Insanity or mental abnormality is one of the general exceptions to criminal liability.
Section 84 of Indian Penal Code 1860 defines insanity as nothing is an offence which is done by a
person who, at the time of doing it, by reason of unsoundness of mind, is incapable of knowing the nature
of the act, or that he is doing what is either wrong or contrary. It is based on the principle of mensrea
where an act forbidden by penal law is not punishable if it is unaccompanied by a guilty mind. The
justification for providing unsoundness of mind as a complete defence is that an insane person is
incapable of forming criminal intent.
The accused to get the protection of sec 84 is required to establish that he, at the time of committing the
offence, was labouring under such a defect of reason from disease of the mind, as not to know the nature
and equality of the act he was doing, or if he did knew it, that he did not know he was doing what was
wrong.
The insanity, for the purpose of sec 84 should be of such nature that it completely impairs the cognitive
faculty of the mind to such an extent that he is incapable of knowing the nature of his act or what he is
doing is wrong or contrary to law. It is only the legal and not the medical insanity that absolves an
accused from criminal responsibility. Law groups insanity into two broad heads (a) individuals who are
insane from birth, (b) individual that becomes insane after his birth
The burden of proof is on the accused to prove his insanity at the commission of the crime. The crucial
point of time of such incapability due to unsoundness of mind is the when he committed the offense. His
insanity prior or subsequent to the commission of the offence is not in itself adequate to absolve him from
the criminal liability.
The plea of insanity is a defence against criminal liability. The court will presume that every person is
sane and in full control of all his faculties, until the contrary is proved.

1. Daniel suffered from a delusion that Sir Robert Peel, the then Prime Minister of Britain had injured him.
He mistook Edward Drummond, Secretary to the Prime Minister for Sir Robert Peel. He shot and killed
him. When trialled in the court of law, Daniel took the plea of insanity.
(a) Daniel should not be held liable since he did not kill the PM but under the delusion he killed secretary
of PM whom he never intended to kill
(b) Daniel should not be given the defence of insanity even though he committed the act under the
delusion, because trying to kill PM is an anti national act and he should be punished for the same.
(c) Daniel is suffering from insanity and his act of killing took place under the delusion of insanity and
hence he should be given the defence of insanity.
(d) Daniel should be held liable since he had malafide intention to kill the PM.

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2. Aman was of unsound mind since birth, once he found a man sleeping and cuts off his head thinking it
would be fun when the man will woke from sleep and will look for his head whom he found sleeping
because, he thought it would be fun to whom him looking about for his head when he awoke. Decide the
liability of Aman.
(a) Aman will be held liable since he had knowledge of his act of cutting the head.
(b) Aman will be held liable since beheading is a grave act and intention is not required in this act
(c) When Aman beheaded the man, he did not knew the nature of the act and was done under
unsoundness of mind and he should not be held liable.
(d) Aman will not be held since absence of intention justifies his cliam.

3. Richard had murdered his mother-in-law to whom he bore ill-will in connection with his divorce. He
committed the murder at night having got into the house by scaling over wall with the aid of a torch light
and entered the room where the mother-in-law was sleeping. When proceeded before the court, he
pleaded insanity and claimed that under unsoundness of mind he committed such a grave act. Decide
whether he can take the defence of insanity.
(a) He will not be held liable since no one in sane condition can kill their mother-in-law.
(b) His plea of insanity will be upheld since he does not have requisite mensrea to commit the crime.
(c) His plea of insanity will uphold since it is high unlikely that any sane person can commit such a grave
crime.
(d) He cannot take the plea of insanity as he deliberately took all the actions to kill the mother-in-law and
there was no presence of insanity at that time.

4. Rakesh threatened to kill all the family members of Mukesh. On the date of event, Mukesh was working
in the field, with several members of his family. Though there were other people around, Rakesh
specifically choose only the children of Mukesh’s family. A case was filed against Rakesh, but he claimed
insanity as his defence. Decide whether insanity can be granted to him.
(a) He intended to kill the members of Mukesh’s family which shows that he has sufficient mensrea to
commit the crime hence no defence of insanity.
(b) His action threatening and deliberately choosing only the children of the family shows that he had
requisite mensrea to commit the crime and hence insanity as a defence cannot be granted to him.
(c) He will be granted insanity as a defence since it is not a matter of fact that he only killed children of
the family.
(d) His claim of insanity should be upheld since his actions were not deliberate and by chance he
happened to kill only the children of Mukesh’s family.

5. Rajesh killed his wife 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 open with an axe from outside, he was found
standing near the door with chopper in hand, while his wife and daughter were lying on the ground with
bleeding injuries.
(a) His plea of insanity will be rejected since his actions indicate that he had requisite mensrea to kill the
wife and daughter and locking himself shows that he knew the consequences.
(b) His actions indicated that he was insane while committing the crime since he called for help and
hence he should be given the defence of insanity.
(c) His claim of insanity should be upheld since no sane person could kill his wife and children with
chopper.
(d) His claim of insanity should be upheld because if he were sane he would not have asked for help and
did not have called for police.

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6. Marrippan killed his paternal uncle over property dispute. He claimed that he, at the time of killing his
uncle was suffering from paranoid schizophrenia and thereby he deserved immunity from liability by
virtue of sec 84. However, his medical record revealed that he was suffering from and treated for
paranoid schizophrenia prior to the incident. He plead before the court that he had suffered from insanity
hence he should be acquitted. Decide whether the defence of insanity will be granted to him or not.
(a) His plea of insanity should be upheld since he once suffered from paranoid schizophrenia which is
sufficient to prove that he is insane.
(b) His claim of inanity should be upheld since the killing of his uncle was committed under the
unsoundness of mind.
(c) His plea of insanity should be rejected because he was already treated with paranoid schizophrenia
and he is no longer suffering from that, and he was no longer unsound at the time of commission of
the crime.
(d) His plea of insanity should granted since his medical report shows that once he was suffering from
paranoid schizophrenia.

Passage (Q.7-Q.10): The Model Code of Conduct (MCC) is a consensus document consisting of a set of
guidelines intended to help the poll campaign maintain high standards of public morality and provide a
level playing field for all parties and candidates.
The Supreme Court observed in S. SubramaniamBalaji v. Govt. of Tamil Nadu that the Election
Commission, in order to ensure a level playing field for contesting parties and candidates, and also to see
that the purity of election process does not get vitiated, has been issuing instructions under the MCC,
exercising its power under Article 324.
The Commission has issued a plethora of instructions and taken action, wherever necessary, against
political parties or persons violating these directions. The Courts, from time to time, have upheld such
directions/actions of the ECI.
The MCC is applicable to political parties, political leaders, electoral candidates, government machinery,
including departments and offices, government officers, and any institution that runs on public funds.
The MCC has been revised on several occasions since 1974, when just before the mid-term General
Elections, the Commission released a formal Model Code of Conduct for the first time. The last time this
happened was in 2014, when the Commission introduced Part VIII on manifestos, pursuant to the
directions of the Supreme Court in the S. SubramaniamBalaji case.
The Code prohibits political parties or candidates from aggravating existing differences or creating mutual
hatred between different religions, castes and communities. It bars candidates and parties from criticizing
leaders or workers on their personal life. No appeal to caste or communal feelings for securing votes is
allowed under the Code. The code, however doesn’t forbid ministers from using official machinery for
election work and combining official visits with electioneering.
Advertisements glorifying the work of the incumbent government using public money are to be avoided.
The government cannot announce any financial grants, promise construction of roads or other facilities,
and make any ad hoc appointments during the time the Code is in force. Ministers cannot enter any
polling station or counting centre, except in their capacity as a voter or a candidate. The voters should not
be served alcohol, etc. on the day of polling and 24 hours prior polling.
Under the Code, even the ongoing schemes of development work or welfare, relief and rehabilitation
cannot be used for election propaganda as observed by the Supreme Court in ECI v. Rajaji Mathew
Thomas.
The Code kicks in as soon as the election schedule is announced, and stays in force until the election
process is completed.
Though MCC does not have any statutory backing, but the Code has come to acquire teeth in the past
decade because of its strict enforcement by the EC. Experts say that following the Model Code of
Conduct is purely hinged on morality, not the fear of law. The word ‘moral’ becomes replaceable with
‘model’, during elections said former Chief Election Commissioner SY Quraishi.

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7. Dev is a staunch supporter of a particular religious ideology, which is a well known fact in public sphere.
He gets elected as the followers of that religion vote for him in huge numbers. In the elections that follow,
he announces setting up of a new public hospital in his constituency, saying that it is necessary to build
the hospital as there is a chance of corona virus spreading to his constituency. This announcement was
made after the dates of elections were announced. Based on the promise and his religion, people of
same religion again vote for him in large numbers. Decide whether there is any violation of MCC.
(a) MCC hasn’t been violated as setting up of a hospital was a necessary measure to curb the effects of
corona virus.
(b) MCC has been violated as he announced setting up of the hospital when the MCC was in force.
(c) MCC has been violated as the candidate belonged to a particular religious ideology which helped him
win elections.
(d) Both (b) and (c)

8. Harjas Singh is a popular minister in Delhi government. He had won elections from his constituency thrice
in a row but his win seemed unlikely in the elections held in February 2020. Therefore, he decided to gain
an advantage over other candidates by campaigning for votes while on official work. He used official
machinery for the purpose of his elections. However, all this didn’t work and he lost the elections with a
huge margin. Check whether there was any violation of MCC.
(a) No, MCC was not violated as it doesn’t forbid ministers from using official machinery for election work
and combining official visits with electioneering.
(b) Yes, MCC was violated as it forbids ministers from using official machinery for election work and
combining official visits with electioneering.
(c) No, MCC was not violated as he could not win the elections despite getting an unfair advantage over
other candidates.
(d) Yes, MCC was violated but he has been adequately punished by the voters for violating the code.

9. Aditya Kumar has filed his nomination in the same constituency as the incumbent PM of India. This is the
first time he is contesting elections and is novice in this field. He knows and so does everyone that he
doesn’t stand a chance against the PM but still he decides to contest the elections. On the polling day, he
went to the polling station to cast his vote. After casting the vote, he remained in the polling station for a
substantial period of time chatting with the people who had come to vote. Has he violated the MCC and
why?
(a) No, there is no violation as he went to the polling station in his capacity as a voter which is allowed by
the MCC.
(b) Yes, after casting his vote, he stood there and talked to people who had come to cast their vote which
shows he wasn’t there in his sole capacity as a voter.
(c) No, as he knew that he is not going to win the elections anyway, therefore just chatting with the
people and probably convincing a few to vote for him wouldn’t make any difference in the results.
(d) Yes, even though he didn’t stand a chance against the PM, he would be considered as any other
candidate under the code and shall be held liable for violating it.

10. In the assembly elections held recently in Punjab, one of the candidates from Patiala constituency,
Pranab Singh tried to woo the voters by promising them cheaper alcohol if he wins the elections. He also
distributed free alcohol to many eligible voters on the day his nomination got approved by the Election
Commission which was ten days prior to the polling day. Decide whether there is any violation of the
MCC.
(a) No, he hasn’t violated the MCC as merely promising cheaper alcohol after winning the elections is not
a violation of MCC.
(b) Yes, distributing alcohol to voters to woo them is a clear violation of MCC whether or not his promise
violated the code.
(c) No, distributing alcohol ten days prior to the polling does not violate the MCC.
(d) Both (a) and (c)

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 Passage (Q.11-Q.16): Usually the constitution is either federal or unitary in nature. In a unitary
constitution the powers of the government are centralised in one government i.e. central government. But
in a federal setup the power is equally divided among the centre and the state.
If we talk about Indian constitution there is a difference of opinion among the experts. Some claim that
our constitution is quasi federal and contains both unitary and federal features. But the framers of the
Indian constitution claim that Indian constitution is purely federal.
Now to know the nature, we have to examine the arguments in favour and against the subject matter.
Arguments in Favour That Indian Constitution Is Federal
Division of powers in a federal setup - The most essential feature is division of power between the centre
and state level. This feature can be seen in Indian constitution. We have different government and
legislature at centre and state. In centre we have loksabha and rajyasabha and in state level we have
vidhansabha in all states and in addition vidhanparisad in some states. The division of power is done in
such a manner that the matters of national interest like external affairs ,defenceetc are with central
government and matters of regional importance like health, law and order are with state government.
Supremacy of the constitution- A federal state derives its existence from the constitution. The
constitution is regarded as the supreme law of the land and no one is above the constitution. The organs
of the state i.e the executive, the legislative and the judiciary perform their respective duties in
accordance to the constitution.
Independence of judiciary - As we know in a federal setup, the powers are divided between the central
and the state level so to maintain the division of power an independent and impartial body is required.
This independent body is court or the judiciary. In India the supreme court is the highest court of law and
it is empowered to even strike down laws and amendments that are unconstitutional.
Arguments Against The Federation of Indian Constitution
Power of the governors - The governors is the constitutional head of the state however they are
appointed by the president of India and are answerable to him. So it can be said that they are not
independent in their sphere.
Parliament power to legislate- UnderArticle 249 parliament can make law in matters enumerated in the
state list if rajyasabha passes the bill by 2/3 majority and the bill is in the national interest.
Parliament power over state boundary- The parliament may form new state, diminish the existing one
and can even change the name of any state. Thus, the sweet will of the state depends on the union
government.
Thus, it may be concluded that the Indian constitution is a combination of both unitary and federal state
where more features are there for federal. Thus, Indian constitution is mainly federal with some unitary
features for national unity and growth.

11. Country X is the smallest country in the world. For the better management it has two levels of
government. First level is known as Central government and second level is known as Block government.
The work is divided among both levels of government. Central government work is to frame laws on
various subject matters whereas Block government work is majorly related to implementation of the laws.
According to the given information in the passage, what is the nature of country X?
(a) Unitary (b) Federal (c) Quasi-Federal (d) None of these.

12. After Civil war ended in Country X, the government of the country decided to control these types of
situations in future, it formulated new laws. According to the new laws, there would be division of powers
among the central and state level of government. New constitution was framed and it was regarded
supreme. There was also an independent body whose work was to keep check on the government.
According to the given information in the passage, what is the nature of country X?
(a) Unitary (b) Federal (c) Quasi-Federal (d) None of these.

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13. Supposedly, according to world happiness report 2020, Country X is the happiest country. According to
survey, there people are most happy and satisfied about the way the country is governed. There is
proper division of power between different levels of government. Also, if some dispute arose, constitution
is referred and it has ultimate says, however if constitution is silent on certain topic, the central
government decision matter. Judiciary is independent and nobody can influence its decision. Also, to
avoid any conflicts among the member states, central government decide on the boundaries of the
states. Further during emergencies, central government can make decision on state government topics if
central government thinks that it is for the national interest. According to the given information in the
passage, what is the nature of country X?
(a) Unitary (b) Federal (c) Quasi federal (d) None of these

14. Keeping the situation given in question 13 as same, Country X brings amendment in its constitution
according to which it stuck down the provision that allows central government to frame laws on state
boundary. Thus, concerned state governments can frame laws on its boundaries. Now, according to the
given information in the passage, what is the nature of country X?
(a) Unitary (b) Federal (c) Quasi Federal (d) None of these

15. Which of the following amendments could led Indian constitution to change its nature and became federal
in nature?
(a) An amendment dealing with the stuck down of provision that allow central government to formulate
rules on state boundaries.
(b) An amendment dealing with struck down of provisions that gives powers to parliament to enumerate
the state list, if it thinks matter is important for national interest.
(c) An amendment that would delete the emergency provision from the constitution of India.
(d) All of these.

16. Country X is one of the well administered country in the world and the major reason for this is its effective
administrative and justice system. Accordingly, it has three level of governing bodies. The work of first
body is to collect relevant data to formulate any law, work of second body involves using that data and
formulate law and work of third body involves to check the law and if it considers effective, then
implement it. According to the given information in the passage, what is the nature of country X?
(a) Unitary (b) Federal (c) Quasi Federal (d) None of these

Passage (Q.17-Q.22): The Madhya Pradesh High Court recently dismissed a petition against the order of
an executing court in Madhya Pradesh, whereby a company was asked to pay deficit stamp duty in line
with the Stamp Act applicable to Madhya Pradesh, for executing an arbitral award passed in
Calcutta. (Magma Fincorp Limited v.Omshanker&Anr)The High Court held that the petition was liable to
be dismissed since the provisions of the Indian Stamp (Madhya Pradesh Amendment) Act, 2014 (Stamp
Act of 2014) are mandatory and not directory in nature. Thus, they cannot be given a go by, even in
respect of an arbitral award passed outside the state since a specific provision has been made in the
Stamp Act of 2014 itself for stamping the award. Justice Abyankar pointed out that Article 12 of the
Schedule IA appended to the Stamp Act of 2014, provide for stamping of an arbitral award which is
chargeable as an instrument.
The Court added that merely because Section 36 of the Arbitration and Conciliation Act provided that an
award shall be enforced in accordance with the provisions of the Code of Civil Procedure, 1908 in the
same manner as if it were a decree of the Court, it would not obviate the applicability of the Stamp Act of
2014 which provided that an ‘award’ is an instrument chargeable with stamp duty as per Section 3 of the
said Act.The petitioner company had approached the High Court under Article 227 of the Constitution of
India against the order passed in an Arbitration Execution Case by Additional District Judge, Chhindwara,
Madhya Pradesh for there was no other legal recourse left for the company which is the threshold for
filing such a petition.
The petitioner had approached the Court of the Additional District Judge for initiating execution
proceedings under Section 36 of the Arbitration and Conciliation Act, 1996.The Executing Court in
Chhindwara had directed the petitioner to pay the deficit stamp duty as per the provisions of the Stamp
Act of 2014 on the award passed in Calcutta. It stated that the stamping principles shall be same as in
the case of a decree as well.
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 The Court also noted that, "If the contention of the learned counsel for the petitioner is accepted that the
arbitral award is not liable to be stamped, then it would lead to an anomalous situation and render the
provisions of the Stamp Act otiose, which does not appear to be the intention of the legislature...Thus,
this Court has no hesitation to hold that it cannot be said that the Stamp Act is not applicable on an
award passed by the Arbitrator." The stamp duty shall be decided according to the laws of the state in
which the same is being sought to be enforced.

17. Please refer to the passage above. Which of the following is true?
(a) There is one stamp act that governs all jurisdictions across the nation
(b) There are multiple stamp acts that govern all jurisdictions across the nation
(c) Every state in India has their own stamp act
(d) Every high court in India has their own stamp act

18. The Government of India notified a new tax legislation which taxed steel industries at a higher rate than
usual. The notification also stated that such legislation was directory in nature. Alpin Industries did not
pay the higher rate of taxes. Government filed a suit.
(a) The government will succeed for the new tax notification was applicable onto Alpin Industries.
(b) The government will not succeed for the new tax notification is not applicable onto Alpin
(c) The government will succeed for the new tax notification is important for public policy reasons
(d) The government will not succeed for the notification is directory in nature and can be given a go by.

19. A was engaged in a long legal tussle against B. Finally, A loses the legal battle in all possible courts.
However, A is not satisfied with such result and wishes to pursue the matter further. A consults his lawyer
who suggests filing a petition under Article 227. Decide
(a) A’s petition will not stand for he has already approached all possible courts
(b) A’s petition will stand for he had no legal recourse left
(c) A’s petition will not stand for he should accept the verdict of justice
(d) A’s petition will stand for his lawyer is clever

20. A did not file his income tax returns on time. The Income Tax Department sued him in the Income Tax
Tribunal. However, A does not trust quasi-judicial authorities and thus wishes to file a petition under
Article 227. Decide
(a) A’s petition will stand for he has a right to choose a court that will give him justice
(b) A’s petition will not stand for petitions against the Income Tax Department can only go to Tax
Tribunals
(c) A’s petition will stand for an effective hearing is in accordance with principles of natural justice
(d) A’s petition will not stand for he has not yet resorted to available legal courses

21. A and B enter into an arbitration proceedings to resolve a contractual dispute. This arbitration was carried
out in 3 different parts. The first session was carried out in Bengaluru, the second in New Delhi and the
third in Mumbai. The award was passed in Kolkata and was sought to be enforced in the state of
Karnataka. Decide
(a) The stamp duty shall be decided per the stamp act applicable in Bengaluru
(b) The stamp duty shall be decided per the stamp act applicable in Mumbai
(c) The stamp duty shall be decided per the stamp act applicable in Calcutta
(d) The stamp duty shall be decided per the stamp act applicable in Karnataka

22. The Parliament passed a law to regulate agricultural produce to benefit farmers. Stevia is a product that
is used as sugar in various foods. However, it is developed in laboratories. The government seeks to
enforce the law onto Stevia as well. Decide
(a) The law is applicable onto Stevia for the same is used as an agricultural produce
(b) The law is not applicable onto Stevia for the object of the law is to benefit farmers and laboratory
developed agricultural products should not be covered.
(c) The law is applicable onto Stevia for object of the law is to benefit products that are used as food
additives and thus Stevia should be covered.
(d) None of the above

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 Answer Key

1. c 2. c 3. d 4. b 5. a 6. c 7. b 8. a 9. b 10. d
11. a 12. b 13. c 14. c 15. d 16. a 17. c 18. d 19. b 20. d
21. d 22. b

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