Students must start practicing the questions from CBSE Sample Papers for Class 12 Legal Studies with Solutions Set 9 are designed as per the revised syllabus.
CBSE Sample Papers for Class 12 Legal Studies Set 9 with Solutions.
Time Allowed: 3 Hours
Maximum Marks: 80
General Instructions:
- This question paper contains 4 sections- A, B, C, and D
(a) Section A- Multiple choice questions
(b) Section B- 2 marks
(c) Section C- 3 marks
(d) Section D- 5 marks - Internal choice is given in the paper, there is no overall choice.
Section – A (20 Marks)
Question 1.
The expression ‘rule by law, rule under law and rule according to law’ describes which principle doctrine of administrative law?[1].
(a) Principle of Natural Justice.
(b) Doctrine of Separation of Powers.
(c) Doctrine of Basic Structure.
(d) Principle of Rule of Law.
Answer:
(d) Principle of Rule of Law.
Question 2.
What is the mode adopted for the execution of the transfer of property by exchange?[1].
(a) Registered sale deed.
(b) Registered lease deed.
(c) Registered deed for gift of immovable property.
(d) No registered document is required.
Answer:
(a) Registered sale deed.
Question 3.
A security guard at a museum shoots an armed intruder who tries to breach the security barrier. Which of the following is true in this situation?
(a) Using force to prevent a crime as part of one’s duty is not a criminal act.[1].
(b) Causing injury to an assailant in self-defence is not a crime.
(c) The injury is caused with the intent to take revenge and thus the act is criminal.
(d) Both the elements of ‘actus reuse and ‘men’s rea’ are present so the security guard is criminally liable.
Answer:
(a) Using force to prevent a crime as part of one’s duty is not a criminal act
Question 4.
Anand enters into a contract with Raman to supply 5 bags of cement for ₹ 2,000. He delivers 5 bags of 1 cement on the decided date, and receives ₹ 2,000 from Raman as consideration, leading to the discharge of the contract. What was the mode of discharge of the contract in the above situation? [1].
(a) Discharge by Breach of Contract
(b) Discharge by Performance
(c) Discharge by Operation of law
(d) Discharge by Lapse of time
Answer:
(b) Discharge by Performance.
Question 5,
Akhil was appointed as an advocate in the year 2020 under The Delhi Legal Services Authorities as a panellist for matrimonial cases. In which year, will he have to reapply for being a panellist in the reconstituted panel? [1].
(a) 2021
(b) 2023
(c) 2025
(d) 2026
Answer:
(b) 2023.
Question 6.
The powers of the Lok Adalat are similar to that of [1].
(a) civil court under the civil procedure code.
(b) criminal court under criminal procedure code .
(c) high court.
(d) supreme court.
Answer:
(a) Civil court under civil procedure code.
Question 7.
The State Government shall, in consultation with which of the following authorities, constitute a District Authority? [1].
(a) High Court Judge.
(b) Supreme Court Judge.
(c) District Judge.
(d) Chief Justice of the High Court.
Answer:
(d) Chief Justice of the High Court.
Question 8.
Prabhav graduated in 5 year BA LLB programme from NLU, Delhi. He applied for registration as an Advocate to the Bar Council of India, Delhi Office. His application was not considered. What can be the probable reason for the same? [1].
(a) 5-year law programme is not recognised in Delhi.
(b) Application for enrollment is to be made to the State Bar Council.
(c) Both (a) and (b).
(d) None of the above.
Answer:
(b) Application for enrollment is to be made to the State Bar Council.
Question 9.
“This article is most fundamental; it is expansive and covers many other rights and is applicable to both the citizens as well as non-citizens” Identify the article, [1].
(a) Article 21.
(b) Article 12.
(c) Article 14.
(d) Article 15.
Answer:
(a) Article 21.
Question 10.
Match the following freedoms with appropriate restrictions.[1].
| Column I | Column II | ||
| A. | Freedom to practice any profession | (o | Protection of interest of scheduled tribes |
| B. | Freedom to move freely throughout the territory of India | (ii) | State-prescribed professional or technical qualification |
| C | Freedom to assemble peacefully and without arms | (iii) | public order |
| D. | Freedom of speech and expression | (iv) | Defamation |
Codes
| A | B | C | D | |
| (a) | (ii) | (i) | (iii) | (iv) |
| (b) | (i) | (ii) | (iii) | (iv) |
| (c) | (iv) | (iii) | (ii) | (i) |
| (d) | (iv) | (ii) | (i) | (iii) |
Answer:
(a) (ii) (i) (iii) (iv)
Question 11.
Assertion (A) India is a secular state. Reason (R)India does not have a state religion. [1].
Alternatives
(a) Both Assertion (A) and Reason (R) are true and Reason (R) is the correct explanation of Assertion (A)
(b) Both Assertion (A) and Reason (R) are true, but Reason (R) is not the correct explanation of Assertion (A)
(c) Assertion (A) is true, but Reason (R) is false
(d) Assertion (A) is false, but Reason (R) is true
Answer:
(a) Both Assertion (A) and Reason (R) are true and Reason (R) is the correct explanation of Assertion (A).
Question 12.
Assertion (A) ILO was set up post the First World War as a part of the Treaty of Versailles, in 1919 to achieve social justice. Reason (R) It was aimed at improving the conditions of labour in various countries, [1].
Alternatives
(a) Both Assertion (A) and Reason (R) are true and Reason (R) is the correct explanation of Assertion (A).
(b) Both Assertion (A) and Reason (R) are true, but Reason (R) is not the correct explanation of Assertion (A).
(c) Assertion (A) is true, but Reason (R) is false.
(d) Assertion (A) is false, but Reason (R) is true.
Answer:
(a) Both Assertion (A) and Reason (R) are true and Reason (R) is the correct explanation of Assertion (A).
Question 13.
Statement I Divya purchased a bottle of orange juice from a retailer. As she consumed more than 3/4 of the contents of the bottle, she found decomposed remains of a snail in the bottle. After seeing the remains of a snail, she fell sick at the thought of what she consumed. Divya can sue the manufacturer as he had a duty to take care to see that the bottles did not contain any other substance than the juice and hence liable to have broken that duty Statement II Brij was caught red-handed while travelling without a ticket on a train by the Travelling Ticket officer. Brij has to pay a fine as the TT officer is compounding the offence. [1].
Alternatives.
(a) Both statements are true.
(b) Both statements are false.
(c) Statement I is true and Statement II is false.
(d) Statement I is false and Statement II is true.
Answer:
(a) Both statements are true.
Question 14.
Mr Lai and his friend, Mr Kumar entered into a partnership to carry on the business of creating digital products like print-on-demand posters, greeting cards, T-shirts etc. and online courses. After a year of launching a successful partnership firm, creative differences and other issues arose between Mr Lai and Mr Kumar that created a rift between them. To help resolve their dispute, Mr Borwanker, the Secretary of a Law firm, is facilitating Mr Lai and Mr Kumar to exchange ideas and give possible alternative solutions. Mr Borwanker is resorting to which dispute resolution method? [1].
(a) Arbitration
(b) Negotiation
(c) Mediation
(d) Conciliation
Answer:
(c) Mediation.
Question 15.
District Legal Services Authority (DLSA) consists of [1].
(a) the District Judge as Chairman, and other members nominated by the Chief Justice of the High Court in consultation with the State Government.
(b) the District Judge as Chairman, and other members nominated by the State Government in Consultation with the Chief Justice of the High Court.
(c) the District Judge as Chairman, and other members nominated by the Chief Justice of India in consultation with the State Government and Chief Justice of the High Court.
(d) the District Judge as Chairman, and other members nominated by the Chief Justice of the High Court in consultation with the Chief Justice of India.
Answer:
(b) The District Judge as Chairman, and other members nominated by the State Government in Consultation with the Chief Justice of the High Court.
Direction Read the passage given below and answer questions 16 to 20 A, an industrialist, stored 1,000 litres of liquid ammonia in a tank on his premises for industrial use. There was a leakage from a tank due to which there was ammonia vapour in the surroundings. Many workers in other industries as well as his own industry and some members of the public suffered serious health hazards.
Question 16.
Examine A’s liability.
(a) A may be liable for the injury sustained by his workers only and not others. [1].
(b) A is liable as he is responsible for the injury caused by the leakage of ammonia from his Premises.
(c) A is not liable because there was no fault on his part for the escape of the dangerous Substance.
(d) A is not liable because he did not expect a leakage from the tank.
Answer:
(b) A is liable as he is responsible for the injury caused by the leakage of ammonia from his Premises.
Question 17.
The principle of absolute liability is an evolved principle. [1].
(a) Strict liability
(b) Vicarious liability
(c) Tortious liability
(d) None of these
Answer:
(a) Strict liability.
Question 18.
Is intention necessary to constitute the offence of absolute liability? [1].
(a) No
(b) Yes
(c) Depends on the facts and circumstances
(d) None of the above
Answer:
(a) No.
Question 19.
In a similar context, consider the ’ following Which of the following judges held “We are of the view that an enterprise, which is engaged in a hazardous or inherently dangerous industry, which poses a potential threat to the health and safety of the persons working in the factory and residing in the surrounding areas owes an absolute and non-delegable duty to the community to ensure that no harm results to anyone on account of hazardous or inherently dangerous activity in which it is engaged must be conducted with the highest standards of safety and if any harm is done on account of such activity, the enterprise must be absolutely liable to compensate for such harm and it should be no answer to the enterprise to say that it had taken all reasonable care and that the harm occurred without any negligence on its part.”? [1].
(a) Justice AN Sen
(b) Justice YV Chandrachud
(c) Justice DY Chandrachud
(d) Justice PN Bhagwati
Answer:
(d) Justice PN Bhagwati.
Question 20.
In a similar context, consider the following The concept that an enterprise must be absolutely liable to compensate for the harm and there should be no answer that the enterprise had taken all reasonable care and that harm occurred without any negligence on its part, was developed in which of the following cases? [1].
(a) MC Mehta v. Shri Ram Foods and Fertiliser Industries
(b) Kartar Singh v. State of Punjab
(c) Shanta Bai v. State of Bombay
(d) Hussainara Khatoon v. Union of India
Answer:
(a) M.C. Mehta v. Shri Ram Foods and Fertilizer Industries
Section-B (16 Marks)
Question 21.
What did the Supreme Court hold in the Sheela Barse case?[2].
Answer:
In the case of Sheela Barse v. Secretary Children’s Aid Society, the Supreme Court held that India had ratified conventions regarding the protection of children and this placed an obligation on the State Government to implement these principles. This was a case in which there were no contradictory laws and as they were supplementing the law already in force the court held that the treaty could be applied directly to Indian law
Question 22.
Jonathan Leeman and Jared Wilson are co-owners of a restaurant. The former files a case against the latter for fraudulent transactions. In the legal system of their country, the judge determines the facts and issues in dispute. [2].
(i) Identify the legal system of this country.
(ii) State one of its disadvantages.
Answer:
(i) The system followed here is an inquisitorial system.
(ii) The disadvantage of this model includes In an inquisitorial system, since the judge steps into the shoes of an investigator, he/she can no longer remain neutral to evaluate the case with an open mind.
Question 23.
There was a dispute between Ms Udita and Mr Bhavesh regarding the title and possession of the immovable property. The parties to the dispute, out of their own free will appoint Mr Mohan, a neutral third party to resolve their dispute. Mr Mohan acted not only as an interventionist but also suggested potential solutions to the parties, in order to resolve their claims and disputes. State the role of Mr Mohan as an Alternative Dispute Resolution (ADR) in the above situation. [2].
Answer:
Mr Mohan played the role of a mediator. Mr Mohan will facilitate the mediation process in order to assist the parties in achieving an acceptable, voluntary agreement.
Question 24.
With regard to the responsibility of the Central Government to provide legal aid services. [2].
(i) What is the composition of the Central Authority?
(ii) State any two functions of the Central Authority.
Answer:
(i) The Central Government constitutes the National Legal Services Authority (NLSA) and the Supreme Court Legal Services Committee
(SCLC) for exercising powers and functions as determined by the Central Authority.
(ii) Functions performed by the Central Authority are
(a) Lay down policies and principles for making legal services available under the provisions of this Act.
(b) Frame the most effective and economical schemes for the purpose of making legal services available under the provisions of this Act.
Question 25.
(i) Which Article of the Constitution provides for the appointment of High Court judges? [2].
(ii) How does the collegium model of appointment of judges work?
Or
Briefly discuss the procedure for appointing a High Court judge.
Answer:
(i) The procedure for the appointment of judges at the High Court has been enshrined in Article 217 of the Constitution.
(ii) Under the collegium model for appointment of judges of the Supreme Court, the Chief Justice of India consults four senior-most judges of the Supreme Court. The Chief Justice of India sends his recommendations to the Union Minister of Law and Justice, who then puts up the same to the Prime Minister. The Prime Minister will then advise the President.
Or
The procedure for the appointment of judges at the High Court has been enshrined in Article 217 of the Constitution. This Article prescribes that every. Judge of the High Court shall be appointed by the President after consultation with the Chief Justice of India, the Governor of the State; and in the case of appointment of a Judge other than the Chief Justice, the Chief Justice of the High Court is concerned.
The qualifications of a High Court judge include.
(i) Citizenship of India, and.
(ii) Has for at least ten years held a judicial office in India; or
(iii) Has for at least ten years been an advocate in a High Court or of two or more such Courts in succession.
Question 26.
Puru, a passer-by, saw two masked motorbikers looting the ATM of the Bank of Cuba. The bikers also injured the guard deputed at the ATM. Puru had noted the registration number of the motorbike. He not only called the ambulance but also informed the police about the commission of the offence by recording an FIR (First Information Report) at the nearest police station. In the above-given situation
(i) Is the officer-in-charge bound to investigate the facts and circumstances of the case? Give a reason for your answer.
(ii) What happens if the police refuse to investigate an offence?
Or
Man after the commission of a crime wrote a letter to his relative or friend expressing his grief over the matter. Will this amount to a confession? [2].
Answer:
(i) Yes, the officer in charge is bound to investigate the facts and circumstances of the case. This is because if from the FIR, the officer-in-charge of a police station suspects that an offence has been committed, he/she is duty-bound to investigate the facts and circumstances of the case and if necessary, take measures for the arrest of the offender.
(ii) If the police refuse to investigate the offence, a person can proceed directly to file a complaint with the Magistrate who may do either of the following
(a) proceed to try the case; or
(b) order the police to investigate the offence and file a police report.
Or
Yes, this will amount to a confession and it will be known as an extra-judicial confession.
Question 27.
Amreen, a national of the UK was allowed to be enrolled as an advocate in India. Under what arrangement can such an enrollment be allowed? If Amreen was an Indian citizen, state two qualifications that she requires to practice in India. [2].
Answer:
Under the principle of reciprocity, such an enrollment can be allowed. Two qualifications required would be.
(i) At Least 21 years of age.
(ii) LLB degree from an Indian University.
Question 28.
The Citizens of Yodaland have been facing continuous and grave human rights violations in the form of slavery and racial discrimination. The neighbouring country, Boroway, after becoming aware of such grave human rights violations, decided to take action against such violations in the country, Yodaland. There is no treaty between the two countries which gives Boroway the right to interfere in the
internal matters of Yodaland. Justify the action of Boroway. [2].
Answer:
There are certain human rights that may constitute erga omnes obligations for the state parties. This means that there are some violations that are so grave, that any state may take action against such crimes, regardless of whether they occurred in their jurisdiction or not. All states have a shared interest in the elimination of such grave violations.
Section -C (24 Marks)
Question 29.
Explain the provisions enshrined in the Constitution of India that make India a secular entity by giving its citizens freedom of conscience and religion. [3].
Answer:
The Constitutional provisions that make India a secular entity by giving its citizens the freedom of conscience and religion have been enshrined under Article 25. Article 25 deals with the freedom of conscience and free profession, practice and propagation of religion. Under Article 25, all persons have the right to freedom of conscience, and freedom to profess, practice and propagate religion as long as their acts do not threaten public order, morality and health.
Further, the citizens have also been granted the freedom to manage religious affairs under Article 26. Article 26 provides the right to every religious denomination, including their sub-sections or sects, to
(i) establish and maintain institutions for religious and charitable purposes;
(ii) manage their own matters of religious affairs;
(iii) own and acquire movable (e.g., vehicles, furniture) and immovable (e.g., house, trees) property; and
(iv) administer such property in accordance with the law.
Question 30.
Explain the main provisions of The Advocates Act, of 1961 in reference to the following points
(i) Composition of the All India Bar Council
(ii) Any two functions of the Bar Council of India
(iii) Composition of the State Bar Council [3].
Answer:
(i) The Bar Council of India consists of members elected from each State Bar Council, the Attorney General of India and the Solicitor General of India who is ex-officio members.
(ii) Two functions of the Bar Council of India are
(a) To lay down standards of professional conduct and etiquette for advocates.
(b) To lay down a procedure to be followed by its disciplinary committee and the disciplinary committees of each State Bar Council.
(iii) A State Bar Council in each State has the Advocate General of the State as an ex-officio member, and 15-25 Advocates elected for a period of five years.
Question 31.
The literal meaning of ‘Ombudsman’ is representative. With respect to India, answer the following questions
(i) Identify the Anticorruption Ombudsman in the Indian States and in India.
(ii) State the composition of the Anticorruption Ombudsman in India.
(iii) Identify the Banking and Insurance Ombudsman in India and state its role. [3].
Answer:
(i) A Lokpal is an anti-corruption authority or body of the ombudsman who represents the public interest in the Republic of India.
(ii) Lokpal will consist of a chairperson and a maximum of eight members, of which 50% will be judicial members 50% members of Lokpal
shall be from SC/ST/OBCs, minorities and women.
(iii) The Banking Ombudsman is a senior official appointed by the Reserve Bank of India to redress customer complaints against deficiency in certain banking services covered under the grounds of complaint specified under Clause 8 of the Banking Ombudsman Scheme 2006.
Question 32.
The constitutional imperatives that permit the Supreme Court to adjudicate and advise on disputes come from the subordinate courts. In recent years, the Supreme Court has relaxed its locus standi and has, on its own initiative, started cases of public importance.
(i) What is meant by ‘locus standi’?
(ii) Which form of extraordinary jurisdiction has been created by its relaxation? [3].
Answer:
(i) In law, locus standi means the right to bring an action, to be heard in court, or to address the Court on a matter before it.
(ii) Extraordinary writ jurisdiction has been created by its relaxation.
Question 33.
India entered into an International Agreement to stop the killing of a species of fish. However, this international agreement restricted the ‘Right to Trade’ (which is a Fundamental Right provided under Part III of the Indian Constitution) of certain fishermen by prohibiting the killing of fish. Can this International Agreement be enforced in India? Explain in light of constitutional provisions and decided cases. [3].
Answer:
Article 51 of the Indian Constitution specifically states that the State shall endeavour to ‘foster respect for international law and treaty obligations in the dealings of organised peoples with one another ‘1. Under Article 253 of the Constitution of India, the Parliament and the Union of India have the power to implement treaties and can even interfere in the powers of the state government in order to give power to provisions of an international treaty.
India generally follows that merely affirming a treaty by way of ratifying it by the assent of the executive unless the treaty requires ratification by way of an act of the legislature. In the landmark case of Kesavananda Bharti v. State of Kerala, it was observed that the court must interpret the provisions of the constitution in light of the Charter of the United Nations.
In the case of Magan Bhai Patel v. Union of India, the court held that if a treaty or international agreement restricts the rights of the citizens or modifies the laws of the state would require to have a legislative measure. If no such right is restricted then it does not need to have a legislative measure to enact it or give rise to some weight in domestic law in the treaty.
It is also very clear in Indian law that international treaties cannot on their own override domestic law. Hence, these treaties which are not enabled by the legislature will not have the same force in law if there is a contradictory law provided for. The most revolutionary of these cases was the case of Vishaka v. State of Rajasthan, in which the Indian courts used the provisions of the Convention on Elimination of all forms of Discrimination against Women, (CEDAW), to create legally binding obligations regarding sexual harassment
Question 34.
(i) Briefly explain the concept of the lease.
(ii) Can sub-lessee sue the original lessor for damages for violation of quiet enjoyment of the property? [3].
Answer:
(i) Lease is a transfer of the right to enjoy a property for a specific period of time in consideration of a price. The lessee can also sub-let the lease and the relation between the lessee and the sub-lessee will be that of the lessor and lessee.
(ii) In Gajadhar v. Rombhaee (1 938) a theatre was sub-leased and the sub-lessee was prevented from using the theatre by the original lessor on the ground that a notice was served on the lessee for determining the lease.
The sub-lessee had to pay an additional amount to the proprietor (the original lessor) and then take the lease. It was held that there is a violation on the part of the original lessor and the sub-lessee can sue the original lessor for damages for violation of quiet enjoyment of the property.
Question 35.
With regard to the concept of oral transfer, answer the following.
(i) What do you mean by an oral transfer?
(ii) Is it valid? Explain with the help of case law. [3].
Or
What are the stages involved in the investigation of an offence?
Answer:
(i) Oral transfer is a transfer that is made orally and without writing. Oral transfers are valid unless the law expressly requires them to be in writing and registered.
(ii) In Madam Pillai v. Badar Kali, the plaintiff being the first wife made a claim for maintenance to her husband. The husband orally transferred his lands of the value of ₹ 100/ to the plaintiff. Later, he executed an instrument of the sale in favour of the defendant for the same property.
The plaintiff initiated a suit stating that the transfer was initially made in her favour and the subsequent sale to the defendant was not valid. The defendant stated that the transfer in favour of the plaintiff failed for want of a registered instrument. The Court held that the plaintiff acquired a title by way of oral transfer and she is entitled to the property through the instrument of sale that was not registered.
Or
The investigation primarily consists of ascertaining the facts and circumstances of the case. It includes all the efforts of a police officer for the collection of evidence such as
(i) Proceeding to the spot;
(ii) Ascertaining the facts and circumstances;
(iii) Discovery and arrest of the suspected offender;
(iv) Collection of evidence relating to the commission of the offence, which may consist of the examination of various persons including the accused and taking of their statements in writing and the search of places or seizure of things considered necessary for the investigation and to be produced at the trial;
(v) Formation of opinion as to whether on the basis of the material collected there is a case to place the accused before a magistrate for trial and if so, taking the necessary steps for filing the charge sheet.
(vi) Investigation ends in a police report to the magistrate.
Question 36.
“The success of ADR techniques is attributed to the role played by instrumentalities in the process of dispute resolution.” Comment. [3].
Answer:
The ADR methods are speedier, informal and cheaper modes of dispensing justice when compared to the conventional judicial procedure
(i) ADR provides a more convenient forum to the parties who can choose the time, place and procedure for conducting the preferred dispute
redressal process.
(ii) Furthermore, if the dispute is technical in nature, parties have an opportunity to select the expert who possesses the relevant legal and technical expertise.
iii) ADR provides the flexibility to even refer disputes to non-lawyers. For example, several disputes of technical character e.g. disputes pertaining to the regulation of the construction industry are usually referred to engineers rather than lawyers.
Section-D (20 Marks)
Question 37.
What is the contribution of UNESCO and WHO to foster greater cooperation between nations and create awareness about health issues in various countries of the world?[5].
Answer:
By promoting culture, preserving the heritage, and sharing knowledge and understanding that are beneficial for the whole of mankind, UNESCO aims to aid sustainable development and foster greater cooperation between nations.
WHO has been a core agency for setting up norms and standards to be followed with regard to human health and research regarding the containment of diseases as well as assessing worldwide health trends. It coordinates with various agencies in different countries to facilitate greater knowledge and awareness of health issues in various countries.
Question 38.
Rahul, an advocate, wants to be an Advocate on Record (AOR). Advise him on the necessary steps that he will have to undertake in order to become an AoR. Also, describe the role of an AoR.
Or
Describe the professional duties of an Advocate in India[5].
Answer:
An Advocate on Record (AoR) is an advocate who has passed a qualifying examination conducted by the Supreme Court. The examination is taken by an advocate who has been enrolled with a Bar Council for at least five years and has completed one-year training with an air of not less than five years standing. Role
(i) Only an AOR can file a vakalatnama, a petition, an affidavit or any other application on behalf of a party in the Supreme Court.
(ii) All the procedural aspects of a case are dealt with. by the AOR, with the assistance of a registered clerk.
(iii) It is the AOR’s name that appears on the cause list.
(iv) The AOR is held accountable by the Supreme Court for the conduct of the case.
(v) Any notice and correspondence from the Supreme Court are sent to the AOR, and not to the party.
(vi) AORs can argue matters, but frequently they serve in a solicitor-like role.
Or
An Advocate has a duty
(i) to act in a dignified manner,
(ii) to respect the court,
(iii) not to communicate with a judge in private and impair impartiality,
(iv) not to act in an illegal manner towards the opposition,
(v) to refuse to represent clients who insist on adopting unfair means.
(vi) In addition, being an office of the Court, an Advocate is expected to uphold and maintain the values of the profession.
Furthermore, an advocate’s duty towards the client includes
(i) being bound to accept briefs,
(ii) not to withdraw from service,
(iii) not to appear in matters where he/she is a witness,
(iv) not to suppress material or evidence.
(v) An Advocate also had to maintain client confidentiality and not instigate litigation or charge a contingency fee (fee depending on success or favourable result of matters).
(vi) There is a general duty to ensure that his/ her duties do not conflict with the client’s interests.
(vii) An Advocate is also expected not to negotiate directly with the opposing party (only through the opposing advocate) and to carry out legitimate promises made.
Question 39.
Palvinder Kaur was arrested for the murder of her husband along with their family friend Arvinder Singh. Her husband was a hobbyist photographer and used to keep handy photo-developing material which is quick poison. One day, her husband was ill and she brought him some medicine. The medicine was kept near the liquid developer and her husband swallowed it by mistake and died. She got afraid and with the help of Arvinder Singh, she dumped the body in the well. When she was in Police custody, she told the whole story to one of the Lady Constables and expressed her grief over the matter.
(i) Will the statement given by Palvinder Kaur amount to Confession or Admission? Give a reason for your answer.
(ii) State any four differences between Admission and Confession.[5]
Or
How are offences classified under the Code of Criminal Procedure?
Answer:
(i) Justice Stephen in his Digest of the law of Evidence states, “confession is an admission made at any time by a person charged with a crime stating or suggesting the inference that he committed that crime.” In the given situation, Palvinder Kaur’s statement to the police officer will amount to an extra-judicial confession as it was not made to a police officer. However, it will not be an admission since the statement admits to the commission of a crime (dumping the body by mistake)
(ii) The following are the main differences between confession and admission
(a) Confession is a voluntary statement by the accused directly acknowledging their guilt.
(b) Admission is a voluntary statement of a fact in an issue or a relevant fact.
(c) Confession can only be made by the accused.
(d) Admission can be made by any party to the proceedings of a case or their agent, and in certain circumstances, by third parties as well.
Or
Depending on the nature and gravity (seriousness) of an offence, the CrPC classifies them under the following heads
(i) Bailable and Non-bailable Offences In certain minor offences, it is the right of the accused to obtain bail (conditional release from prison) while the trial is pending. These are bailable offences. On the other hand, there are more serious offences where the accused does not have a right to obtain bail; in such cases, bail can be granted only at the court’s discretion. These are non-bailable offences.
(ii) Cognisable and Non-cognisable Offences Certain offences are so serious that any police officer can investigate and arrest an accused person without obtaining a warrant (legal permission to arrest) from a court, e.g., murder. These are cognisable offences (arresting without a warrant). In other cases, such as criminal defamation, the police must wait for the order of a magistrate before investigating and arresting the accused. These are non-cognisable offences.
(iii) Compoundable and Non-compoundable Offences In certain offences, the State which conducts the prosecution and the accused can come to an arrangement where, instead of being imprisoned, the accused can pay a fine. These are compoundable offences. The most common example of this is when you get caught without a ticket on a bus or a train and have to pay a fine. In this case, the officer fining you is in fact compounding (settling an offence by paying a fine) your offence. Of course not all offences are compoundable; it would not be desirable that murderers should be able to compound their offences.
Question 40.
Comment with reasons on the type of ADR that can be most effective in resolving the following situations
(i) Two disputing parties who are located in different cities want to engage a mediator who is located in yet another city. The parties to the dispute and the mediator are unable to meet each other due to geographic distance and the situation arising Out of Covid 19. Which type of mediation should they resort to?
(ii) A labour dispute arose between migrant labour’s union and the management of a construction company. The disputing parties agreed to engage the services of Mr Kulkarni, a neutral third party in resolving the dispute. Mr Kulkarni suggested possible solutions to resolve disputes and claims.
(iii) A dispute arose between Medico Care Pharmaceutical Company, India and Health will Incorporation, China over the supply of faulty PPE and testing kits. Both companies want to resolve the dispute as per the guidelines of UNCITRAL. Or Define the following terms
(i) Arbitration Agreement
(ii) Enforcement of arbitral award
(iii) Setting aside arbitral award[5].
Answer:
(i) The parties can resort to online mediation. Online mediation employs online technology to provide disputants access to mediators and each other despite geographic distance, disability or other barriers to direct meeting.
(ii) The best method of ADR is conciliation. Conciliation is a process similar to mediation as parties out of their own free will appoint a neutral third party to resolve their disputes. The key difference between mediation and conciliation lies in the role of the neutral third party.
(iii) The ADR method adopted here is arbitration. UNCITRAL stands for United Nations Commission on International Trade Law Model Law on International Commercial Arbitration, 1985. After the birth of this international treaty, the United Nations General Assembly recommended that all countries must give due consideration to the said Model law, in order to bring uniformity in the law and practice of international arbitration.
The Indian Arbitration and Conciliation Act of 1996 is similarly modelled on the UNCITRAL model law.
(i) Arbitration Agreement An agreement whereby parties agree to submit their present or future disputes/differences to arbitration. This may be in writing or via other means of communication.
(ii) Enforcement of Arbitral Award Enforcement of an Arbitral Award refers to a process of implementation of the decisions of the arbitral tribunal in the form of arbitral awards just like a normal court of law passes its judgment.
(iii) Setting aside of Arbitral Award Setting aside an award means that it is rejected as invalid. The award is avoided and the matter becomes open for decision again.