JSM 14/3
Law of Crime And Law of Torts

Time: 3 hours
Full M8Iks 150
The questions are of equal value.
Answersixquestions, selecting threefrom
Section -A. and three from Section -B.

Section-A
Answer anythree questions ofthefollowing
1.
Explain the maxim: actus non facit reum, nisi mens sit rea. Is mens rea a part of criminal law of India? Explain with the help ofthe cases. Is mens rea necessary in case ofall crimes?

2.
'Nothing is an offence which is done in the exercise ofrightofprivatedefence.' Elucidateand explain the object and purpose of the right of private defence. State the law with regard to the


WN-3/2 (Turnover) right of private defence of the body and property . as contained under the penal code.
3.
Define and explain the differences between and 'grievous hurt'. State the ingredients of the two offences. State the circumstances when hurt and grievous hurt become aggravated. What is the justification for severe penalties in case of aggravated offences.

4.
What is 'robbery' When does the theft and extortion amount to robbery? Explain, in brief, the distinction bew/een theft and extortion, robbery and dacoity. Illustrate your answer with examples. .


. 5. What do you understand by the terms 'homicide' and 'culpable' When culpable homicide is not murder? Distinguish among cUlpable homicide, murder and culpable homicide not amounting to murder. Refer leading cases.
6. Distinguish between the following:
Wrongful Restraint and Wrongful Confinement
.WN-3/2 Contd.

Riot and Affray


Criminal Misappropriation of Property and Breach ofTrust


Wrongful Loss and Wrongful Gain


Section Answeranythreequestions ofthe following:
7.
Define 'There is a law oftort, but not a law oftorts'_.Discuss. DistinguishbetweenTortand Crime.

8.
Explain the term 'Vicarious Liability'. What are the modes of Vicarious Liability? Discuss the liability of Master to a servant for wrong done by another servant.

9.
Elucidate the term 'Volenti Non Fit Injuria' with the limitationofthescopeofthedoctrine. Distinguish between 'Act ofGod' and 'InevitableAccident'.

10.
What is defamation? Briefly discuss the different conditions which will be required to constitute an action for defamation with the help of the cases.


WN-3/2 (3 . (Turn over)
11.
Explain the term 'Nuisance' with suitable illustrations. Discuss the different kinds of 'Private Nuisance'. What are the liabilities of occupier for nuisance On premises?

12.
Write notes on the following:


Injuria Sine Damnum


Ryland v. Fletcher


Res Ipsa Loquitur


Remoteness of Damage





WN 3/2 . JSM-14/3