CLAT 2020 Question Paper With Answers & Explanation
Legal Reasoning
Direction for questions 67 to 105: You have been given some passages followed by questions based on each
passage. You are required to choose the most appropriate option which follows from the passage. Only the
information given in the passage should be used for choosing the answer and no external knowledge of law
howsoever prominent is to be applied.
Passage – 1
The COVID-19 pandemic has taken the entire world hostage in less than four months, and the global economy
has been hit the hardest with governments across the globe implementing stringent policies including lockdown to
control the coronavirus outbreak. The pandemic today presents unprecedented challenges and impediments to
businesses in conducting their normal operations. The lockdown across the world has caused delays in the
performance of contracts and transactions. Now, the question that arises is whether the current situation can
enable parties to a contract to alter their obligations with non-compliance of terms neither being regarded as a
“default committed by any party” nor a “breach of contract”? There are certain well-accepted practices for dealing
with such extraordinary situations in commercial transactions by the inclusion of force majeure & material adverse
effect (MAE) clauses. Determination of the types of circumstances so covered by the force majeure clause
contained in a contract is essential. Provisions of force majeure often cover natural disasters like hurricanes,
floods, and earthquakes as “acts of God.” Other covered events may include war, terrorism, civil disorder, fire,
disease medical epidemics or by reasons of applicable laws or regulations. Broadly, the Courts have interpreted
the term “Force Majeure” as an event that can neither be anticipated nor controlled by either of the contracting
parties. A force majeure clause applies in the context of ongoing contractual arrangements, whereas, an MAE or
material adverse change (MAC) clause applies to the allocation of risk in transactions before their closure or
completion. Pandemic and related consequences such as government action is a type of event covered by a
force majeure clause, however, its impact on the affected party’s ability to perform its contractual obligations may
vary depending upon contractual terms. It is common for force majeure clauses to specify the impact that the
event or circumstances in question must have, in order for the clause to be triggered. References may be made,
for example, to the event or circumstances having “prevented”, “hindered” or “delayed” performance. These terms
require different levels of impact on performance before a party can claim recourse to these clauses. In other
words, the force majeure and MAC clauses act as an exception to what would otherwise be treated as a breach of
contract. Certain contracts may state that, if a force majeure clause is applied, the contract may automatically be
terminated. On the other hand, some contracts may even state that the duty to fulfil the contractual obligation may
be suspended for a certain period of time and if the force majeure event is not curbed or treated even after such
time, then eventually the contract may be terminated. Though there cannot be a one-size-fits-all solution to this
question, and it depends upon how the force majeure clause is worded in a specific contract; and in the absence
of the same, applicable laws related to the same will be required to be taken into consideration.
[Excerpt from Business Today, by Ranjana Roy Gawai, April 17, 2020]
Q. 1 Based on the Author’s argument in passage above, which of the following is correct?
Option (b) is the correct answer as it has been stated in the
passage that Though there cannot be a one-size-fits-all solution
to the question that how force majeure clauses would act on a
contract, and it depends upon how the force majeure clause is
worded in a specific contract, making option (b) the correct
answer.
Q. 2 Imagine, there is a domestic commercial Contract for supply of certain goods for certain price between A
and B. However, in pursuance of the same, both A and B forget to negotiate and agree on the terms of a
Force Majeure event and the Contractual document does not contain the Force Majeure clause. In such a
situation, what would be the fate of the Contract in the event like that of COVID 19?
Option (c) is the correct answer as it has been stated in the
instant case that the parties forgot to to negotiate and agree on
the terms of a Force Majeure and therefore in the absence of the
same, applicable laws related to the same will be required to be
taken into consideration.
Q. 3 In the same fact situation as mentioned above with a modification that there is a Force Majeure Clause in the
Contract between A and B, let us suppose, that B, who was to supply goods to A on certain date and time,
faced issues in relation to procurement of goods due to mill strike and also because of rise in prices of
goods. In this case, can B claim the suspension of performance of Contract on the basis of the Force
Majeure Clause?
Option (b) is the correct answer as a force majeure clause is
attracted when due to situations which are not under the control
of the parties eg. Natural calamities the contract becomes
impossible to perform. In the instant case there are merely
commercial hardships involved and as the contract can still be
performed, force majeure clause would not be attracted.
Q. 4 Typically, the MAE (Material Adverse Change) provision in an agreement contemplates events which if they
occur, or are likely occur, would have a “materially adverse change or effect on the assets, business,
property, liabilities, financial condition, results, operations of the target” or that “affects the ability of the
transacting parties to consummate the transaction” or the “validity or enforceability of the transacting parties
to its rights and remedies under the transaction documents”. Which of the following sample clauses in a
contract resembles an MAE clause?
Direction for questions 67 to 105: You have been given some passages followed by questions based on each
passage. You are required to choose the most appropriate option which follows from the passage. Only the
information given in the passage should be used for choosing the answer and no external knowledge of law
howsoever prominent is to be applied.
Passage – 2
The issue of Obscenity has vexed the Courts in India and abroad for a long time now. The intriguing question has
always been the same, i.e., what should be the standards to qualify something as obscene in the eyes of law? In
the United Kingdom, way back in 1868, the Court laid down the Hicklin test in Regina v. Hicklin (1868 L.R. 2 Q.B.
360), and held that: “The test of Obscenity is whether the tendency of the matter charged as Obscenity is to
deprave and corrupt those whose minds are open to such immoral influences and into whose hands a publication
of this sort may fall, Hicklin test postulated that a publication has to be judged for obscenity based on isolated
passages of a work considered out of context and judged by their apparent influence on most susceptible readers,
such as children or weak-minded adults. However, this test was later rejected by most of the jurisdictions. There
were many judgments where it was stipulated by the Indian Courts that, Obscenity has to be judged in the context of contemporary social mores, current socio-moral attitude of the community and the prevalent norms of
acceptability/ susceptibility of the community, in relation to matters in issue. [For example, in Ranjit D. Udeshi v.
State of Maharashtra AIR 1965 SC 881; Chandrakant Kalyandas Kakodar v. State of Maharashtra 1969 (2) SCC
687 etc.] These judgements indicated that the concept of Obscenity would change with the passage of time and
what might have been “obscene” at one point of time would not be considered as obscene at a later period. This
came to be known as “Community Standards Test”. In Bobby Art International & Ors. v. Om Pal Singh Hoon (1996)
4 SCC 1, the Court, upholding the Community standards test held that, complete message and context of the
objectionable scene/firm/picture etc., needs to be examined in order to find out whether the alleged material is
obscene or not.
Q. 5 A, daily local newspaper called ‘Ramanand Bazar Patrika’ having wide circulation in Anandnagar published,
on 1st July, 2019, an article with a picture of Boris Becker, a world renowned Tennis player, posing nude with
his dark-skinned fiancee by name Barbara Feltus, a film actress, which was photographed by none other
than her father. The article states that, in an interview, both Boris Becker and Barbara Feltus spoke freely
about their engagement, their lives and future plans and the message they wanted to convey to the people
at large, for posing to such a photograph. Article picturises Boris Becker as a strident protester of the
pernicious practice of “Apartheid”. Further, it was stated that the purpose of the photograph was also to
signify that love champions over hatred. Will the alleged picture classify as an Obscene Material in India?
Option (c) is the correct answer as according to the community
standard test, complete message and context of the objectionable
scene/firm/picture etc., needs to be examined in order to find out
whether the alleged material is obscene or not. In this case the
intention behind the picture was to condemn the discrimination
practiced against the marginalized section of society hence it
would not be termed obscene.
Q. 6 The difference between Hicklin Test and Community Standards Test is:
Option (a) is the correct answer as it aptly differentiates between
Hicklin test on one side being regressive and orthodox in its
approach and Community standard test which is progressive
and accommodative in its approach.
Q. 7 The issue of ‘Obscenity’ is fundamentally related with which of the following?
Option (b) is the correct answer as the concept of obscenity
incorporates any form of speech or publication which are mediums
of expressions of an individual or a group thereby fundamentally
being related to Freedom of Speech and Expression of an
individual.
Q. 8 Consider the following situations. Choose the correct option as per the Hicklin’s Test.
1. A Movie scene where there are rows of Jewish naked men and women, shown frontally, being led into the
Gas Chambers of Nazi Concentration Camp. Not only they are about to die but they are stripped off their
basic dignity in the last moments of their life.
2. The controversial movie scene of Phoolan Devi, the Bandit queen where she is paraded naked and
made to draw water from the well within the circle of a hundred men.
Hicklin test states that the test of Obscenity is whether the
tendency of the matter charged as Obscenity is to deprave and
corrupt those whose minds are open to such immoral influences
and into whose hands a publication of this sort may fall and looks
at a work in isolation. By the standards set by Hicklin test both
instances would fall into the category of obscene making option
(c) the correct answer.
Q. 9 An activist, while being semi-nude, allowed her body to be used as a canvas to paint on by her two minor
children who were properly clothed. She uploaded this video of hers on an online platform with a message
that she intended to normalise the female form for her children and not allow distorted ideas about sexuality
to pervade their mind. An advocate who sees the video, registers a case of Obscenity against her. Is it a
case of Obscenity as per the Community Standards Test?
Option (c) is the correct answer as according to the community
standard test, complete message and context of the objectionable
scene/firm/picture etc., needs to be examined in order to find out
whether the alleged material is obscene or not. In this case the
intention behind the act was to arouse a sense of awareness
among the children in order to normalize the female form for her
children and not allow distorted ideas about sexuality to pervade
their mind, thus keeping the act out of the purview of obscenity.
Direction for questions 67 to 105: You have been given some passages followed by questions based on each
passage. You are required to choose the most appropriate option which follows from the passage. Only the
information given in the passage should be used for choosing the answer and no external knowledge of law
howsoever prominent is to be applied.
Passage – 3
On 7th May 2020, a major leakage of Styrene gas was reported from the plastics-manufacturing plant ‘LG Polymers’
located on the outskirts of the Visakhapatnam city. The accident took place when the cooling system of a polymers
plant got clogged due to the mismanagement of factory workers and resulted in turning the city into a gas chamber.
The gas which leaked was styrene gas, which is a ‘hazardous chemical’ under Rule 2(e) plus Entry 583 of
Schedule I of the Manufacture, Storage and Import of Hazardous Chemical Rules 1989. Principle 1: Polluter Pays Principle
The ‘Doctrine of Polluter Pays’ is a well-established principle of environmental law, which places an obligation of
compensating the damage to the people who ought to reimburse it and also have the capacity to disburse it. The
principle explicitly affirms that the person who damages or destructs the environment has the absolute obligation
to bear the cost of ameliorating the environment. In Enviro Legal Action v. Union of India case, the Apex Court of
India held that the polluter is legally responsible to reimburse the individual sufferers as well as pay for the revitalization
of the damaged environment. Principle 2: Principle of Strict Liability
The principle of Strict Liability was established in the year 1868 in the case of Rylands v. Fletcher, where the Court
held that any person who uses his/her land in an ‘unnatural manner’ and who keeps any ‘hazardous substance’ on
such premises would be held liable under the principle of strict liability for any ‘damage’ occurred on the ‘escape’
of such perilous substance. However, the person is liable only when there is non-natural use of land; the principle
also restricts liability when the escape is due to an act of strangers, Act of God, for example a natural calamity; due
to the person injured or when it happens with the consent of the person injured or with statutory authority. Principle 3: Principle of Absolute Liability
The absolute liability is a stringent form of Strict Liability as it is devoid of any exceptions that were mentioned
under the earlier principle. for the first time in the case of M.C. Mehta v. Union of India. This principle implies that
whenever an enterprise is engaged in any dangerous or hazardous activity that threatens the people working in the
enterprise and those living nearby, it owes an absolute and non-delegable duty to the community that no harm will
be caused. If harm is indeed caused, the enterprise will have to compensate for damages, and can’t use exceptions
provided in the case of strict liability. The enterprise can’t claim that the harm has not been caused due to negligence
(absence of due care) or that it had taken all reasonable precautions.
Q. 10 Under which of the following principles, will the company LG Polymers be liable?
Option (d) is the correct answer as due to the release of the
harmful gas and the companies role in the incident and its capacity
to pay all of the above mentioned principles would be applicable
in determining the companies liabilities.
Q. 11 As per the Polluter Pays Principle, LG Polymers will be liable to pay:
Option (b) is the correct is the correct answer as Polluter Pays
Principle states that the person who damages or destructs the
environment has the absolute obligation to bear the cost of
ameliorating the environment. As the action of LG Polymers
resulted in environmental damage they would be liable to
compensate.
Q. 12 A company ABC limited operates an industrial chemical plant in the city of Azadnagar. Due to an earthquake
on July 22, 2020, the valves of the reactors in the plant get damaged due to which the operators could not
properly transport the hazardous gas for chemical vaporisation, resulting in the gas leakage. The gas leakage
resulted in the death of 12 workers of the plant and also some people living nearby the Plant. In this situation,
in order to decipher the liability of ABC Limited, choose the best option:
Option (b) is the correct answer as under the Strict liability principle
the violator can be exempted if he is not negligent in his action,
therefore ABC Limited would not be liable under Strict liability but
would be liable under Polluter Pays Principle and the Principle of
Absolute Liability.
Q. 13 The argument of LG Polymers that, they did not know that the Styrene Gas could leak:
Option (c) is the correct answer as under all the principle the
intention or knowledge about the contingency of any mishappening
does not hold relevant and the concerned party would be held
liable nevertheless.
Q. 14 XYZ is a company operating a Pesticide Factory in the city of Rampur. On one day, due to the negligence of
Factory staff, there is a leakage of the Pesticide gas as a result of which, many pests and insects which
feed on the plantation crops in the nearby farm are killed. There is no harm caused to the people living
nearby or the workers of the Pesticide Factory. However, the leakage was so humungous that it reduced the
quality of air in the city causing breathing problems for the people living around in the area. In this case,
Option (c) is the correct answer as polluter pays principle does
not require that any harm must be suffered by some individual in
order to attract liability to pay and even if environment is damaged
the liability would arise. On the other hand Strict and Absolute
liability principles will depend upon the inquiry as to whether the
leaked pesticide gas was a hazardous substance/activity or
chemical or not.
Direction for questions 67 to 105: You have been given some passages followed by questions based on each
passage. You are required to choose the most appropriate option which follows from the passage. Only the
information given in the passage should be used for choosing the answer and no external knowledge of law
howsoever prominent is to be applied.
Passage – 4
Principle of Natural Justice is derived from the word ‘Jus Natural’ of the Roman law and it is closely related to
Common law and moral principles but is not codified. It is a law of nature which is not derived from any statute or
constitution. The principle of Natural Justice is adhered to by all the citizens of civilised State with Supreme
importance. Natural justice simply means to make a sensible and reasonable decision making procedure on a
particular issue. Sometimes, it doesn’t matter what is the reasonable decision but in the end, what matters is the
procedure and who all are engaged in taking the reasonable decision. It is not restricted within the concept of
‘fairness’ it has different colours and shades which vary from the context. Basically, natural justice consists of 3
rules.
The first one is “Hearing rule” which states that the person or party who is affected by the decision made by the
Panel of expert members should be given a fair opportunity to express his point of view to defend himself. Secondly,
“Bias rule ’generally expresses that Panel of expert should be free from bias while taking the decision. The decision
should be given in a free and fair manner which can fulfil the rule of natural justice. And thirdly, “Reasoned Decision”
which states that order, decision or judgement of the Court given by the Presiding authorities with a valid and
reasonable ground. The principles of Natural Justice have been adopted and followed by the judiciary to protect
public rights against the arbitrary decision by the administrative authority. One can easily see that the rule of
natural justice include the concept of fairness: they stay alive and support to safeguard the fair dealing.
Source: Excerpt taken from blog.ipleaders.in (Dated - 12th June, 2019)
Q. 15 “Nemo Judex in causa sua” or the principle that ‘No one can be a judge in his own case’, relates to which of
the following rule of the Natural Justice?
Option (a) is the correct answer as Bias rule states that a Panel
of expert should be free from bias while taking the decision and
if a person would be a judge in his own cause it would contradict
the said rule.
Q. 16 Mr. X is a Public Servant, employed in a PSU and Mrs Y who is the wife of Mr. X is also an employee of the
same PSU. Ms A files a complaint against Mr. X for sexual harassment at workplace before the ICC (Internal
Complaints Committee), which is headed by Mrs Y. After completing her inquiry she held that Mr. X is guilty
and recommended disciplinary proceedings against him. Now, on what grounds Mr. X may challenge her
findings?
Option (c) is the correct answer as according to the bias rule the
Panel of expert should be free from bias while taking the decision
and as Mrs. Y is Mr. X's wife the rule of bias is violated.
Q. 17 Mr. A is a judge and he is also the landlord of Mr. B, who resides in an apartment owned by Mr. A. Due to nonpayment
of rent for 3 consecutive months, Mr. A served an eviction notice to Mr. B. Now, choose the most
appropriate option amongst the following.
Option (d) is the correct answer as despite being a judge the
notice which was served by A was served in the capacity of a
landlord and does not suffer from any infirmity in this case.
Q. 18 Which of the following is not in violation of the principles of Natural justice?
Option (b) is the correct answer as (a) and (c) are violative of
Hearing rule while (b) does not suffer from any defect and the
act of the employee is well within his discretionary power.
Q. 19 On the basis of your understanding about Natural Justice in the passage above, state which of the following
is true:
Option (c) is the correct answer as the principle of natural justice
is based on Hearing rule, Bias rule and the rule of Reasoned
Decision and when abided by together forms the basis of Natural
Justice.
Direction for questions 67 to 105: You have been given some passages followed by questions based on each
passage. You are required to choose the most appropriate option which follows from the passage. Only the
information given in the passage should be used for choosing the answer and no external knowledge of law
howsoever prominent is to be applied.
Passage – 5
Tension prevailed in the Jawahar area in Palghar district after three Mumbai residents, travelling in a Ford Ecosport
to Silvassa, were allegedly lynched late on Thursday night. The Kasa police said the incident occurred near
Gadakchinchale village under their jurisdiction. “Information received by us indicates that the three occupants of
the SUV hailed form Kandivali in Mumbai and were going to attend a funeral in Silvassa,” Superintendent of Police
Gaurav Singh, Palghar police said. A large mob of villagers surrounded the car within a matter of minutes and
started attacking it with sticks, irons rods and their bare hands, leading to the death of all three occupants. “One of
our patrolling vehicles later spotted the severely injured trio lying on the road and stopped to find out the matter.
However, our team was also attacked by the mob and the vehicle pelted with stones. Our personnel had to flee
and were unable to rescue to the victims,” an officer with the Kasa police said. A wireless alert was sent out later
apprising all police stations and units of the incident following which reinforcements were sent to the village and a combing operation was undertaken. “Prima facie information indicates that the trio were mistaken for thieves and
attacked. The villagers were on edge due to the ongoing lockdown and unavailability of essential supplies. For the
past few days, several rumours have been doing the rounds on social media about thieves and dacoits targetting
villages on the highway. As a result, villagers have been patrolling the highway and stopping late night travellers on
suspicion,” the officer said.
Source: Excerpt from The Hindu, written by Alok Deshpande (22/04/2020)
Q. 20 Which of the following statements given below justifies criminalisation of Mob Lynching?
Option (d) is the correct answer as an act of an unruly mob taking
law in its own hand is the failure of law and order of the state and
therefore law should be enacted for the criminalisation of Mob
Lynching.
Q. 21 Which of the following statement justifies the criminalisation of mob lynching as a distinct offence apart from
‘Murder’?
Option (d) is the correct answer as all of the mention reasons
differentiates murder as an offence from mob lynching and
therefore they should be kept away from each other's scope.
Q. 22 The above passage states about the existence of rumours in the area regarding the thieves and dacoits
robbing the villagers or committing child lifting. In the light of this proposition which if the following statement
is correct?
Option (c) is the correct answer as the villages committed the
offence of homicide and they should be held liable for the same
and the fact that rumors of dacoits attacking the village were
prevailing cannot be taken as a justification for the offence which
was committed by them.
Q. 23 In the light of the above passage which of the following incidents of mob violence would be justified?
Option (d) is the correct answer as no incident mention in the
option can be justified for committing the act of mob lynching and
nothing gives right to a mob to take someone's right to life.
Q. 24 Assertion (A): Mob Lynching can be justified only in circumstances where the religious sentiments or feelings
of a large group of people is associated.
Reason (R): Religious sentiments and feelings are of paramount consideration for the state and should not
be interfered with.
Option (c) is the correct answer as neither mob lynching can be
justified in the garb of following religion nor religion takes the right
of life from any person making both the assertion and the reason
blatantly incorrect.
Direction for questions 67 to 105: You have been given some passages followed by questions based on each
passage. You are required to choose the most appropriate option which follows from the passage. Only the
information given in the passage should be used for choosing the answer and no external knowledge of law
howsoever prominent is to be applied.
Passage – 6
The bench of Dr DY Chandrachud and MR Shah, JJ has refused to transfer to CBI the criminal cases lodged
against Republic TV Editor in-Chief Arnab Goswami for alleged defamatory news show telecast on April 21 in
connection with the Palghar mob-lynching case. It also quashed all FIRs against Arnab Goswami except one
which was filed in Nagpur and which has been transferred to Mumbai via order dated 24.04.2020.
[Excerpt from SCC Online Blog, May 19, 2020]
Delivering the verdict, Justice Chandrachud said, “Article 32 of the Constitution constitutes recognition of the constitutional duty entrusted to this Court to protect the fundamental rights of citizens. The exercise of journalistic
freedom lies at the core of speech and expression protected by Article 19(1)(a). The petitioner is a media journalist.
The airing of views on television shows which he hosts is in the exercise of his fundamental right to speech and
expression under Article 19(1)(a). India’s freedoms will rest safe as long as journalists can speak truth to power
without being chilled by a threat of reprisal… Free citizens cannot exist when the news media is chained to adhere
to one position. Yuval Noah Harari has put it succinctly in his recent book titled “21 Lessons for the 21st Century”:
“Questions you cannot answer are usually far better for you than answers you cannot question.”
[Excerpt from Arnab Ranjan Goswami vs Union Of India on 19 May, 2020]
Q. 25 The above passage mentions about the Journalist’s request to transfer the case to the CBI (Central Bureau
of Investigation) for investigation. What could be the appropriate reason for such request?
Option (b) is the correct answer as CBI being a central body and
not working under any state was construed as an impartial body
by the journalist compared to the state police which works under
the state government, being an interested party in the case.
Q. 26 The above passage quotes the observation of the Court in relation to freedom of speech and expression as,
“Questions you cannot answer are better than questions you cannot question.” Now, based on such
observation, chose the most appropriate option which describes the scope of such questions.
Option (d) is the correct answer as the quotation in the passage
which condemns unquestionable questions mean that questions
also come within the purview of Article 19(2) which states the
limitations imposed upon the Freedom of Speech and Expression.
Q. 27 It is an established principle of law that the offence of defamation (harming the reputation) has many exceptions
and the imputation of truth is one of those, but the accused must prove that such imputation was true and
also for the public good. In the light of this statement which of the following questions/statements are not
defamatory?
Option (a) is the correct answer as the published article was not
an imputation but was just raising questions regarding public
good and therefore would not amount to defamation.
Q. 28 In the above passage, the Court ordered for the merging of different FIRs into one and the investigation to be
conducted at Mumbai. What is the reason behind such order?
Option (a) is the correct answer as the reason for merging the
FIRs is to reduce the hardships of the accused which was the
reason of the order of the court.
Option (a) is the correct answer as defamation is both a tort
being divided into libel and slander and a criminal offence mentioned
under Section 499 of IPC.
Direction for questions 67 to 105: You have been given some passages followed by questions based on each
passage. You are required to choose the most appropriate option which follows from the passage. Only the
information given in the passage should be used for choosing the answer and no external knowledge of law
howsoever prominent is to be applied.
Passage – 7
Common intention implies a pre-arranged plan and acting in concert pursuant to the plan. Common intention
comes into being prior to the commission of the act, which need not be a long gap. To bring common intention into
effect a pre-concert is not necessarily be proved, but it may well develop on the spot as between a number of
persons and could be inferred from facts and circumstances of each case. For example A and B caught hold of C
where only B stabbed C with a knife but A is also liable for murder as there was a pre concerted action. In the case
Pandurang v. State of Hyderabad, Supreme court emphasized on this point that prior concert need not be something
always very much prior to the incident, but could well be something that may develop on the spot, on the spur of
the moment. Common Intention and Similar Intention
Common intention does not mean similar intention of several persons. To constitute common intention it is necessary
that the intention of each one of them be known to the rest of them and shared by them. In the case of Dukhmochan
Pandey v. State of Bihar, the Supreme Court, held that: “Common intention which developed at the spur of the
moment is different from the similar intention actuated a number of person at the same time….the distinction
between a common intention and similar intention may be fine, but is nonetheless a real one and if overlooked,
may lead to miscarriage of justice….” The mere presence of accused together is not sufficient to hold that they
shared the common intention to commit the offence in question. It is necessary that the intention of each one of
‘several persons’ be known to each other for constituting common intention.
Q. 30 A gang of six members went to a bank, armed with weapons to commit a heist. While five of the gang
members went inside the bank, Mr. A (the sixth member) waited outside the bank to alert them on any threat.
During the heist one of the gang members fired a gun at the branch manager, as a result he died. All five
escaped but Mr. A was caught and arrested. Now, choose the most appropriate option as per the principle
stated in the above passage.
Option (b) is the correct answer as though B was not actively
involved in shooting the manager or robbing the bank but he aided
the activities under the common intention which all six members
of the gang shared, thus he would be held liable for murder along
with others.
Q. 31 Raman and Raghav were riding on a motorcycle on a busy street, suddenly Aman (another biker) bumped
into their bike. A heated argument started between the three of them. While Raghav started abusing Aman,
Raman hit Aman with an iron rod lying on the road and as a consequence he died. Now, chose the correct
option.
Option (b) is the correct answer as the fight happened in the spur
of the moment without any plan and Raghav did not share a
common intention with Raman of hurting Aman.
Q. 32 After reading the passage which of the following is not correct in relation to the difference between Common
and Similar intention?
Option (a) is the correct answer as the statement presented in
option (a) incorrectly defines common intention. Common intention
implies a pre-arranged plan and acting in concert pursuant to the
plan.
Q. 33 Mr. X and Mr. Y entered into a house at night to commit theft, while committing theft Mr. Y committed sexual
assault on a minor girl of aged 11 years. Identify for which of the following offences Mr. X is liable for.
Option (c) is the correct answer as the common intention shared
between X and Y was of theft and any independent act done by
Y in the course of theft would not make X liable for that act.
Q. 34 Which of the following statements is correct in relation to the difference between common intention and
similar intention?
Option (d) is the correct answer as the differences presented
between common intention and similar intention in all the three
options are correct.
Direction for questions 67 to 105: You have been given some passages followed by questions based on each
passage. You are required to choose the most appropriate option which follows from the passage. Only the
information given in the passage should be used for choosing the answer and no external knowledge of law
howsoever prominent is to be applied.
Passage – 8
Article 20(1) of the Indian Constitution prohibits Ex Post Facto laws. The expression Ex Post Facto Law means a
law, which imposes penalties or convictions on the acts already done and increases the penalty for such acts. In
other words, Ex Post Facto Law, imposes penalties retrospectively. For example, The Dowry Prohibition Act, 1961
came into force from 20.5.1961. A person guilty of accepting dowry is punishable under the Act after 20.5.1961 and
not before 20.5.1961.
Ex post facto laws are of three kinds as follows:(a) A law which declared some act or omission as an offence for
the first time after the completion of that act or omission. (b) A law which enhances the punishment or penalty for
an offence subsequent to the commission of that offence. (c) A law which prescribes a new and different procedure
for the prosecution of an offence subsequent to the commission of that offence.
Clause (1) of Art. 20 provides protection only in respect of the above first two categories of expost facto laws i.e.
laws which declare acts as offences subsequent to the commission to those acts and laws which enhance the
penalty subsequently.
Article 20(1) provides: No person shall be convicted of any offence except for violation of a law in force at the time
of the commission of the act charged as an offence, nor be subjected to a penalty greater than that which might
have been inflicted under the law in force at the time of the commission of the offence. The first part of clause (1)
provides that no person shall be convicted of any offence except for violation of law in force at the time of the
commission of the act charged as an offence. The second part of clause (1) protects a person form a penalty
greater than that which he might have been subjected to at the time of the commission of the offence.
Q. 35 The Parliament of India legislated the Sexual Harassment at Workplace Act, in the year 2013 and
simultaneously some new offences were also added to the Indian Penal Code, 1860. Mr. A is an employee
of an institution, against whom departmental enquiry has been initiated for committing sexual harassment of
a female colleague in the year 2012. Now, choose the correct option.
Option (d) is the correct answer as only an inquiry with regard to
the new law can be done against A but he cannot be penalized
for the offence as when the offence was committed by him in
2012, no law was existing at that time to penalize such an offence.
Q. 36 Article 20 (1) would not affect which of the following acts of the legislature?
Option (c) is the correct answer as it has been stated under
Article 20 (1) provides that no person shall be convicted of any
offence except for violation of law in force at the time of the
commission of the act charged as an offence. As the change in
option (c) is of the degree of punishment rather than that of the
introduction of any new offence it would not be attracted by
article 20(1).
Q. 37 Mr. A is a student of Law, aged 19 years. He is socially active and expresses his opinion on every social and
political event of the nation through social media platforms. In one of his blog, he severely criticised the
policy of a state government of changing names of cities and towns. He also stated that the government is
biased towards a particular religion. The said blog was posted on 19th April, 2020 and subsequently, an
amendment was made to Indian Penal Code whereby ‘Hate Speech’ was made a distinct offence and
punishment was prescribed. An action was brought against him under the said provision for the blog. Now,
choose the most appropriate option amongst the following
Option (a) is the correct answer and A would be liable as his
offence is of a continuing nature till the blog is present on the
internet and is in public domain. As after the passing of the new
law the blog was still intact he can be made liable under the new
law.
Q. 38 Considering the fact situations given in the above question, the Parliament passes a legislation in September
2020, whereby an amendment is made to the Juvenile Act and now a person below the age of 20 would be
a Juvenile and special procedure would be followed for his trial. Choose the most appropriate option amongst
the following
Option (c) is the correct offence as that age of A would be
considered which was at the time of the commission of offence.
As the new law came after the commission of offence he would
not be subject to the new law.
Q. 39 Considering the fact situation in the third question to this passage, the Parliament passes a legislation for
the Probation of Offenders, under which any offender below the age of 21 will not serve the sentence of
imprisonment in a prison, instead he will serve the sentence in a probation house. Now, choose the most
appropriate option.
Option (a) is the correct answer and A will get the benefit of
Probation of Offenders Act as “a law which prescribes a
new and different procedure for the prosecution of an
offence subsequent to the commission of that offence.”
does not come under the purview of Article 20.
