CLAT 2021 || New Pattern Legal Reasoning Quiz || 23.02.2021
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Question 1
It is a basic tenet in criminal justice administration that every accused must be provided with the opportunity to defend him, and the criminal action should be proved beyond doubt. We have elaborate procedures in place for these purposes. Allowing the police to short-circuit the criminal justice system will lead to anarchy. Celebrities who are praising the 'encounter action' of police without understanding the consequences are doing irreparable damage to public perception.
In ‘People’s Union for Civil Liberties and Another versus State of Maharashtra and others (September 23, 2014), the Supreme Court issued a detailed 16-point procedure to be followed in the matter of investigating police encounters in the cases of death.
There are also guidelines issued by the National Human Rights Commission concerning ‘encounters’ by police. In the words of former chief justice Venkatachaliah: "Under our laws, the police have not been conferred any right to take away the life of another person", and "if by his act, the policeman kills a person, he commits the offense of culpable homicide whether amounting to the offense of murder or not unless it is proved that such killing was not an offense under the law”.
There are only two situations in which an encounter can be if death is caused in the exercise of the right of private defense; and under Section 46 of the Criminal Procedure Code, which authorizes the police to use force, extending up to the causing of death, as may be necessary to arrest the person accused of an offense punishable with death or imprisonment for life. Real justice is possible only after due process of law; if the accused is killed before conviction, the appropriate punishment as per law cannot be conferred.
One expects the judiciary to initiate a suo-moto to know the truth and decide a punishment if the alleged encounter is a crime of culpable homicide. Otherwise, conferring a right to the police to take the life of a person will be a dangerous proposition, which people hailing the encounter must understand.
When can an encounter be justified?
Question 2
It is a basic tenet in criminal justice administration that every accused must be provided with the opportunity to defend him, and the criminal action should be proved beyond doubt. We have elaborate procedures in place for these purposes. Allowing the police to short-circuit the criminal justice system will lead to anarchy. Celebrities who are praising the 'encounter action' of police without understanding the consequences are doing irreparable damage to public perception.
In ‘People’s Union for Civil Liberties and Another versus State of Maharashtra and others (September 23, 2014), the Supreme Court issued a detailed 16-point procedure to be followed in the matter of investigating police encounters in the cases of death.
There are also guidelines issued by the National Human Rights Commission concerning ‘encounters’ by police. In the words of former chief justice Venkatachaliah: "Under our laws, the police have not been conferred any right to take away the life of another person", and "if by his act, the policeman kills a person, he commits the offense of culpable homicide whether amounting to the offense of murder or not unless it is proved that such killing was not an offense under the law”.
There are only two situations in which an encounter can be if death is caused in the exercise of the right of private defense; and under Section 46 of the Criminal Procedure Code, which authorizes the police to use force, extending up to the causing of death, as may be necessary to arrest the person accused of an offense punishable with death or imprisonment for life. Real justice is possible only after due process of law; if the accused is killed before conviction, the appropriate punishment as per law cannot be conferred.
One expects the judiciary to initiate a suo-moto to know the truth and decide a punishment if the alleged encounter is a crime of culpable homicide. Otherwise, conferring a right to the police to take the life of a person will be a dangerous proposition, which people hailing the encounter must understand.
Question 3
It is a basic tenet in criminal justice administration that every accused must be provided with the opportunity to defend him, and the criminal action should be proved beyond doubt. We have elaborate procedures in place for these purposes. Allowing the police to short-circuit the criminal justice system will lead to anarchy. Celebrities who are praising the 'encounter action' of police without understanding the consequences are doing irreparable damage to public perception.
In ‘People’s Union for Civil Liberties and Another versus State of Maharashtra and others (September 23, 2014), the Supreme Court issued a detailed 16-point procedure to be followed in the matter of investigating police encounters in the cases of death.
There are also guidelines issued by the National Human Rights Commission concerning ‘encounters’ by police. In the words of former chief justice Venkatachaliah: "Under our laws, the police have not been conferred any right to take away the life of another person", and "if by his act, the policeman kills a person, he commits the offense of culpable homicide whether amounting to the offense of murder or not unless it is proved that such killing was not an offense under the law”.
There are only two situations in which an encounter can be if death is caused in the exercise of the right of private defense; and under Section 46 of the Criminal Procedure Code, which authorizes the police to use force, extending up to the causing of death, as may be necessary to arrest the person accused of an offense punishable with death or imprisonment for life. Real justice is possible only after due process of law; if the accused is killed before conviction, the appropriate punishment as per law cannot be conferred.
One expects the judiciary to initiate a suo-moto to know the truth and decide a punishment if the alleged encounter is a crime of culpable homicide. Otherwise, conferring a right to the police to take the life of a person will be a dangerous proposition, which people hailing the encounter must understand.
Question 4
It is a basic tenet in criminal justice administration that every accused must be provided with the opportunity to defend him, and the criminal action should be proved beyond doubt. We have elaborate procedures in place for these purposes. Allowing the police to short-circuit the criminal justice system will lead to anarchy. Celebrities who are praising the 'encounter action' of police without understanding the consequences are doing irreparable damage to public perception.
In ‘People’s Union for Civil Liberties and Another versus State of Maharashtra and others (September 23, 2014), the Supreme Court issued a detailed 16-point procedure to be followed in the matter of investigating police encounters in the cases of death.
There are also guidelines issued by the National Human Rights Commission concerning ‘encounters’ by police. In the words of former chief justice Venkatachaliah: "Under our laws, the police have not been conferred any right to take away the life of another person", and "if by his act, the policeman kills a person, he commits the offense of culpable homicide whether amounting to the offense of murder or not unless it is proved that such killing was not an offense under the law”.
There are only two situations in which an encounter can be if death is caused in the exercise of the right of private defense; and under Section 46 of the Criminal Procedure Code, which authorizes the police to use force, extending up to the causing of death, as may be necessary to arrest the person accused of an offense punishable with death or imprisonment for life. Real justice is possible only after due process of law; if the accused is killed before conviction, the appropriate punishment as per law cannot be conferred.
One expects the judiciary to initiate a suo-moto to know the truth and decide a punishment if the alleged encounter is a crime of culpable homicide. Otherwise, conferring a right to the police to take the life of a person will be a dangerous proposition, which people hailing the encounter must understand.
Question 5
It is a basic tenet in criminal justice administration that every accused must be provided with the opportunity to defend him, and the criminal action should be proved beyond doubt. We have elaborate procedures in place for these purposes. Allowing the police to short-circuit the criminal justice system will lead to anarchy. Celebrities who are praising the 'encounter action' of police without understanding the consequences are doing irreparable damage to public perception.
In ‘People’s Union for Civil Liberties and Another versus State of Maharashtra and others (September 23, 2014), the Supreme Court issued a detailed 16-point procedure to be followed in the matter of investigating police encounters in the cases of death.
There are also guidelines issued by the National Human Rights Commission concerning ‘encounters’ by police. In the words of former chief justice Venkatachaliah: "Under our laws, the police have not been conferred any right to take away the life of another person", and "if by his act, the policeman kills a person, he commits the offense of culpable homicide whether amounting to the offense of murder or not unless it is proved that such killing was not an offense under the law”.
There are only two situations in which an encounter can be if death is caused in the exercise of the right of private defense; and under Section 46 of the Criminal Procedure Code, which authorizes the police to use force, extending up to the causing of death, as may be necessary to arrest the person accused of an offense punishable with death or imprisonment for life. Real justice is possible only after due process of law; if the accused is killed before conviction, the appropriate punishment as per law cannot be conferred.
One expects the judiciary to initiate a suo-moto to know the truth and decide a punishment if the alleged encounter is a crime of culpable homicide. Otherwise, conferring a right to the police to take the life of a person will be a dangerous proposition, which people hailing the encounter must understand.
Question 6
The Transgender Persons (Protection of Rights) Bill, 2019, which was introduced in the Lok Sabha on July 19, was passed by a voice vote on August 5. A contentious provision that criminalised begging by transgender people has been removed from the Bill.
Who is a transgender person?
The Bill defines a transgender as a person whose gender assigned at birth does not match with his/her perceived gender. This includes trans-men, trans-women, “(whether or not such person has undergone Sex Reassignment Surgery or hormone therapy or laser therapy or such other therapy).
What are the provisions?
The Bill states that a transgender person shall have the right to self-perceived gender identity. It prohibits discrimination against a transgender person on grounds including denial, discontinuation or unfair treatment in educational establishments, services, employment, healthcare.
According to an analysis by PRS Legislative Research, every transgender person will have the right to be included in their household, and in case the immediate family is unable to take care of the person, he/she may be placed in a rehabilitation centre.
The government shall provide education, sports and recreational facilities for transgender people. Provisions for separate HIV surveillance centres and sex reassignment surgeries should also be provided by the government, as per the Bill.
The Bill mentions that the “appropriate Government” will formulate transgender sensitive, non-stigmatising and non-discriminatory welfare schemes and programmes. Additionally, the government should also take steps for the rescue, rehabilitation and protection of transgender persons.
The Grievance Redressal Mechanism
The Bill states that every establishment will have to appoint a complaints officer to deal with complaints relating to the violation of any provisions.
What is the Certificate of Identity?
A transgender person will have to make an application to the District Magistrate, who will issue a certificate of identity to the transgender person. Essentially, this certificate will be proof that the person is a transgender, reflecting their gender as “transgender”.
Subsequently, the gender of the person as reflected in the certificate will be recorded in all official documents. In case of a minor child, such an application will be made by the parent or guardian of the child. A transgender person will be eligible for a revised certificate only if he/she undergoes surgery to change their gender.
What constitutes offences and penalties under this Bill?
Any person who is found to be compelling a trangender person into bonded labour (barring compulsory service imposed by the government), denying right of public passage to a transgender person, evicting a transgender from his/her place of residence, causing physical, sexual, verbal, economic and emotional abuse, can be penalised with imprisonment of not less than six months, that can extend up to two years, and be also fined.
A is a transgender person, who was fired from his job, because of his sexual orientation. Does the Bill protect him?
Question 7
The Transgender Persons (Protection of Rights) Bill, 2019, which was introduced in the Lok Sabha on July 19, was passed by a voice vote on August 5. A contentious provision that criminalised begging by transgender people has been removed from the Bill.
Who is a transgender person?
The Bill defines a transgender as a person whose gender assigned at birth does not match with his/her perceived gender. This includes trans-men, trans-women, “(whether or not such person has undergone Sex Reassignment Surgery or hormone therapy or laser therapy or such other therapy).
What are the provisions?
The Bill states that a transgender person shall have the right to self-perceived gender identity. It prohibits discrimination against a transgender person on grounds including denial, discontinuation or unfair treatment in educational establishments, services, employment, healthcare.
According to an analysis by PRS Legislative Research, every transgender person will have the right to be included in their household, and in case the immediate family is unable to take care of the person, he/she may be placed in a rehabilitation centre.
The government shall provide education, sports and recreational facilities for transgender people. Provisions for separate HIV surveillance centres and sex reassignment surgeries should also be provided by the government, as per the Bill.
The Bill mentions that the “appropriate Government” will formulate transgender sensitive, non-stigmatising and non-discriminatory welfare schemes and programmes. Additionally, the government should also take steps for the rescue, rehabilitation and protection of transgender persons.
The Grievance Redressal Mechanism
The Bill states that every establishment will have to appoint a complaints officer to deal with complaints relating to the violation of any provisions.
What is the Certificate of Identity?
A transgender person will have to make an application to the District Magistrate, who will issue a certificate of identity to the transgender person. Essentially, this certificate will be proof that the person is a transgender, reflecting their gender as “transgender”.
Subsequently, the gender of the person as reflected in the certificate will be recorded in all official documents. In case of a minor child, such an application will be made by the parent or guardian of the child. A transgender person will be eligible for a revised certificate only if he/she undergoes surgery to change their gender.
What constitutes offences and penalties under this Bill?
Any person who is found to be compelling a trangender person into bonded labour (barring compulsory service imposed by the government), denying right of public passage to a transgender person, evicting a transgender from his/her place of residence, causing physical, sexual, verbal, economic and emotional abuse, can be penalised with imprisonment of not less than six months, that can extend up to two years, and be also fined.
Question 8
The Transgender Persons (Protection of Rights) Bill, 2019, which was introduced in the Lok Sabha on July 19, was passed by a voice vote on August 5. A contentious provision that criminalised begging by transgender people has been removed from the Bill.
Who is a transgender person?
The Bill defines a transgender as a person whose gender assigned at birth does not match with his/her perceived gender. This includes trans-men, trans-women, “(whether or not such person has undergone Sex Reassignment Surgery or hormone therapy or laser therapy or such other therapy).
What are the provisions?
The Bill states that a transgender person shall have the right to self-perceived gender identity. It prohibits discrimination against a transgender person on grounds including denial, discontinuation or unfair treatment in educational establishments, services, employment, healthcare.
According to an analysis by PRS Legislative Research, every transgender person will have the right to be included in their household, and in case the immediate family is unable to take care of the person, he/she may be placed in a rehabilitation centre.
The government shall provide education, sports and recreational facilities for transgender people. Provisions for separate HIV surveillance centres and sex reassignment surgeries should also be provided by the government, as per the Bill.
The Bill mentions that the “appropriate Government” will formulate transgender sensitive, non-stigmatising and non-discriminatory welfare schemes and programmes. Additionally, the government should also take steps for the rescue, rehabilitation and protection of transgender persons.
The Grievance Redressal Mechanism
The Bill states that every establishment will have to appoint a complaints officer to deal with complaints relating to the violation of any provisions.
What is the Certificate of Identity?
A transgender person will have to make an application to the District Magistrate, who will issue a certificate of identity to the transgender person. Essentially, this certificate will be proof that the person is a transgender, reflecting their gender as “transgender”.
Subsequently, the gender of the person as reflected in the certificate will be recorded in all official documents. In case of a minor child, such an application will be made by the parent or guardian of the child. A transgender person will be eligible for a revised certificate only if he/she undergoes surgery to change their gender.
What constitutes offences and penalties under this Bill?
Any person who is found to be compelling a trangender person into bonded labour (barring compulsory service imposed by the government), denying right of public passage to a transgender person, evicting a transgender from his/her place of residence, causing physical, sexual, verbal, economic and emotional abuse, can be penalised with imprisonment of not less than six months, that can extend up to two years, and be also fined.
Question 9
The Transgender Persons (Protection of Rights) Bill, 2019, which was introduced in the Lok Sabha on July 19, was passed by a voice vote on August 5. A contentious provision that criminalised begging by transgender people has been removed from the Bill.
Who is a transgender person?
The Bill defines a transgender as a person whose gender assigned at birth does not match with his/her perceived gender. This includes trans-men, trans-women, “(whether or not such person has undergone Sex Reassignment Surgery or hormone therapy or laser therapy or such other therapy).
What are the provisions?
The Bill states that a transgender person shall have the right to self-perceived gender identity. It prohibits discrimination against a transgender person on grounds including denial, discontinuation or unfair treatment in educational establishments, services, employment, healthcare.
According to an analysis by PRS Legislative Research, every transgender person will have the right to be included in their household, and in case the immediate family is unable to take care of the person, he/she may be placed in a rehabilitation centre.
The government shall provide education, sports and recreational facilities for transgender people. Provisions for separate HIV surveillance centres and sex reassignment surgeries should also be provided by the government, as per the Bill.
The Bill mentions that the “appropriate Government” will formulate transgender sensitive, non-stigmatising and non-discriminatory welfare schemes and programmes. Additionally, the government should also take steps for the rescue, rehabilitation and protection of transgender persons.
The Grievance Redressal Mechanism
The Bill states that every establishment will have to appoint a complaints officer to deal with complaints relating to the violation of any provisions.
What is the Certificate of Identity?
A transgender person will have to make an application to the District Magistrate, who will issue a certificate of identity to the transgender person. Essentially, this certificate will be proof that the person is a transgender, reflecting their gender as “transgender”.
Subsequently, the gender of the person as reflected in the certificate will be recorded in all official documents. In case of a minor child, such an application will be made by the parent or guardian of the child. A transgender person will be eligible for a revised certificate only if he/she undergoes surgery to change their gender.
What constitutes offences and penalties under this Bill?
Any person who is found to be compelling a trangender person into bonded labour (barring compulsory service imposed by the government), denying right of public passage to a transgender person, evicting a transgender from his/her place of residence, causing physical, sexual, verbal, economic and emotional abuse, can be penalised with imprisonment of not less than six months, that can extend up to two years, and be also fined.
Question 10
The Transgender Persons (Protection of Rights) Bill, 2019, which was introduced in the Lok Sabha on July 19, was passed by a voice vote on August 5. A contentious provision that criminalised begging by transgender people has been removed from the Bill.
Who is a transgender person?
The Bill defines a transgender as a person whose gender assigned at birth does not match with his/her perceived gender. This includes trans-men, trans-women, “(whether or not such person has undergone Sex Reassignment Surgery or hormone therapy or laser therapy or such other therapy).
What are the provisions?
The Bill states that a transgender person shall have the right to self-perceived gender identity. It prohibits discrimination against a transgender person on grounds including denial, discontinuation or unfair treatment in educational establishments, services, employment, healthcare.
According to an analysis by PRS Legislative Research, every transgender person will have the right to be included in their household, and in case the immediate family is unable to take care of the person, he/she may be placed in a rehabilitation centre.
The government shall provide education, sports and recreational facilities for transgender people. Provisions for separate HIV surveillance centres and sex reassignment surgeries should also be provided by the government, as per the Bill.
The Bill mentions that the “appropriate Government” will formulate transgender sensitive, non-stigmatising and non-discriminatory welfare schemes and programmes. Additionally, the government should also take steps for the rescue, rehabilitation and protection of transgender persons.
The Grievance Redressal Mechanism
The Bill states that every establishment will have to appoint a complaints officer to deal with complaints relating to the violation of any provisions.
What is the Certificate of Identity?
A transgender person will have to make an application to the District Magistrate, who will issue a certificate of identity to the transgender person. Essentially, this certificate will be proof that the person is a transgender, reflecting their gender as “transgender”.
Subsequently, the gender of the person as reflected in the certificate will be recorded in all official documents. In case of a minor child, such an application will be made by the parent or guardian of the child. A transgender person will be eligible for a revised certificate only if he/she undergoes surgery to change their gender.
What constitutes offences and penalties under this Bill?
Any person who is found to be compelling a trangender person into bonded labour (barring compulsory service imposed by the government), denying right of public passage to a transgender person, evicting a transgender from his/her place of residence, causing physical, sexual, verbal, economic and emotional abuse, can be penalised with imprisonment of not less than six months, that can extend up to two years, and be also fined.
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