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legal studies Flashcards

1
Q

which states already had lokyuktas in place?

A

delhi karnataka and kerela

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2
Q

Which crimes are also called Victimless crimes? Why are they called so?

A

–

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3
Q

Hawala transactions are which type of crime?

A

Organise crime

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4
Q

Tell the four steps of crime? Stages of crime?

A

Intention preparation attempt commission

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5
Q

What is the guilty mind and guilty act latin maxim?

A

actors non-facet nisi men’s sit rea

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6
Q

what does the word reus mean

A

Forbidden by law

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7
Q

Which IPC section clarifies at that maybe considered as crimes under illegal omissions?

A

IPC 1860, section 32

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8
Q

when did the concept of mens rea evolved?

A

17th century English courts

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9
Q

Which landmark case stipulated that men’s Rhea can only be excluded from a case where it would be absolutely clear that the implementation of the object of a statute would otherwise be defeated and its exclusion enables those put under strict liability by their act or omission to assist the promotion of law?

A

State of Maharashtra versus mayor has George 1965

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10
Q

Which landmark judgement stipulated that men’s Rhea must be read into every case unless explicitly mention not to?

A

Kartar Singh versus State of Punjab, 1994

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11
Q

Where are the three acts where strict liability as an offence is mentioned?

A

Negotiable instruments act 1881, customs act, 1962, information technology act 2000

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12
Q

When was the re-Sri Ranga case?

A

1973

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13
Q

What is meant by retribution?

A

Tit-for-tat, writing of balance if someone has done wrong towards somebody else he needs to be punished for that act

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14
Q

What is meant by deterrence?

A

if you punish someone accordingly the other people will be deterred from committing the same act

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15
Q

What is meant by incapacitation?

A

removing that person from the society so is that they are no longer aharmful for the society

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16
Q

What is meant by rehabilitation?

A

This is accused oriented proposal?, Under this the accused is made a valuable member of the society through rehabilitative process therapy at Sectra

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17
Q

What is meant by restoration?

A

This is a victim oriented process, examples are community service paying compensation to the victim

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18
Q

When did IPC come into existence?

A

1860

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19
Q

When did Indian evidence act come into existence?

A

1872

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20
Q

When did CRPC come into existence?

A

1973

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21
Q

What is the IPC 1860 based on?

A

French code, code of Louisiana

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22
Q

How is IPC 1860 divided?

A

23 chapters, more than 500 sections

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23
Q

Classify the crimes under IPC broadly

A

Crimes against body, crimes against property, crimes against public property, economic crimes, crimes against women, crimes against children

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24
Q

Which section of the IPC defines theft? Section of the IPC lays down the procedure and the punishment for theft?

A

378, 379

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25
Q

Differentiate between bailable and non-bailable offences?

A

bailable or minor offences when the accused has the right to bail and nonbailable or serious crimes with accused does not have the right to bail

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26
Q

Differentiate between cognizable and non-cognizable offences

A

Certain offences are so serious that the police can go and arrest the accused without magistrate permission they are known as cognizable offences, and certain cases require the permission of the magistrate for arrest

27
Q

Differentiate between compoundable and non-compoundable offences

A

Compoundable offences are those offences in which instead of being imprisoned accused can be a fine right there and then, non-compoundable offences are those offences where accused cannot directly V rid of the charge by paying a fine

28
Q

How many compoundable offences are those which can be compounded without the permission of the court? How many can be compounded only after getting permission from the court?

A

21, 36

29
Q

What is the premier preliminary stage that of starts after the recording of FIR?

A

Investigation

30
Q

CRPC divides the criminal justice into three stages?

A

Investigation enquiry or trial

31
Q

What happens when the police refuse to investigate an offence?

A

Then go appeal directly to the magistrate

32
Q

What is a warrant case?

A

Case with punishment more than two years

33
Q

What are the two types of procedure for trial for warrant cases?

A

Those instituted upon a police report, those instituted upon complaint

34
Q

In which type is the magistrate liable to discharge the accused upon consideration of the police report? In which case the magistrate has to hear the prosecution and recorded evidence?

A

Registration upon police report, registration upon complaint

35
Q

What does the magistrate do if the queues is not discharge?

A

He holds a regular trial after framing of the charge

36
Q

What is a summons case?

A

Cases punishment less than two

37
Q

What is the substance of the accusation in a summons case called?

A

Notice

38
Q

What is a summary case?

A

Cases in which no term of imprisonment can be for greater than three months

39
Q

When does the accused have no right to appeal in a summary case?

A

When a fine of Rs.200 or less is imposed

40
Q

What is plea bargaining?

A

Confessing for a lesser degree of punishment

41
Q

Who is the stage preceding the trial called?

A

Enquiry

42
Q

What is examination in chief?

A

After the charges framed the prosecution is asked to examine its witness before the court

43
Q

What is the difference between discharge and acquittal?

A

When the accused is allowed to be withdrawn from prosecution before the framing of charge it is known as discharge, when the accused is withdrawn from the proceedings after the framing of charge it is acquittal

44
Q

Which app helps the judges to separate the wheat from the chaff and place a crucial role in establishment of a during the course of proceedings?

A

Indian evidence act 1872

45
Q

What are the three main principles of the foundation of the law of evidence?

A

Evidence must be confined to the matter at hand, must not be based on hearsay, evidence must be presented

46
Q

What is the part one of Indian evidence act? From which section to which section does it pertain to?

A

Relevancy of facts may or may not be proved, section 5 to 55

47
Q

What is section 2 of the Indian evidence act? Between which section is included

A

how the relevant facts, section 56 to 100

48
Q

What does part three of the Indian evidence act? Between which section is it contain?

A

By whom and in what manner the evidence must be presented?, 101 to 165

49
Q

When does the word confession appears for the first time in the Indian evidence act?

A

Section 24

50
Q

Who said the words 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?

A

Justice Stephen in his digest of the law of evidence

51
Q

Which sections deal with admission generally? And which sections deal with confession as distinguished from admission?

A

17 to 31, 24 to 30

52
Q

In which case was a conversation to oneself used as an evidence?

A

Sahu versus state of UP

53
Q

When did transfer of property act come into existence?

A

1882

54
Q

How do you define property?

A

Every interest or right that has an economic value

55
Q

Which act provided the distinction between movable and immovable property?

A

Shantabai versus state of Bombay 1958

56
Q

Which act stipulated that if there is a sale of trees where in the trees were cut and taken away it would be an immovable property?

A

Marshall versus green

57
Q

Doctrine of election is in which part of the TPA 1882?

A

Section 35

58
Q

Which act held that the doctrine of election is liable for every instrument and for all types of property?

A

Cooper versus Cooper 1874

59
Q

In which Act is sale defined in the TPA 1882?

A

54

60
Q

In it whichJudgement was it stipulated that the oral transfer of property is valid?

A

Madam Pillai versus border collie

61
Q

In which I did the original lesson was held liable?

A

gajadhar versus rhombhae

62
Q

Which act of the TP 1882 talks about exchange?

A

118

63
Q

Which act talks about gift in TPA 1882

A

122

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