Saturday, December 26, 2015

LL. M. ( Semester - IV ),2010 Question Paper,LW - 004 : PRINCIPLES OF CRIMINAL LAW - II,University Of Pune Question Paper

University Of Pune Question Paper
LL. M. ( Semester - IV ) Examination - 2010
LW - 004 : PRINCIPLES OF CRIMINAL LAW - II
(Old Course)
Time : 3 Hours] [Max. Marks : 60
Instructions :
(1) Attempt any four questions.
(2) All questions carry equal marks.
Q.1) Mistake of Fact is an excuse; however Mistake of Law cannot be
pleaded as an excuse. Discuss this cardinal principle of Criminal Law
along with the recommendations of Malimath Committee suggested to
Section 76 and Section 79 of Indian Penal Code. [15]
Q.2) “There is no necessity that justifies Private Homicide as distinguished
from Public Necessity.” Examine this proposition in the light of the
famous case Queen v. Dudley and Stephens. [15]
Q.3) Self-help is the First Rule of Criminal Law. Explain fully the Right
of Private Defence of Body under the Indian Penal Code. [15]
Q.4) Critically analyse ‘Duress’ as a Partial Defence to the charge of Murder. [15]
Q.5) Critically analyse underpinnings of the maxim ‘Nulla Poena Sine
Lege’. [15]
Q.6) “Infancy is a defect of the Understanding and Infants under the age
of discretion ought not to be punished by any Criminal Prosecution
whatsoever.” Discuss Criminal Responsibility of Children. [15]
Q.7) “He, who sins when drunk, should be punished when sober.” Discuss
Intoxication and state whether Voluntary Drunkenness can be pleaded
as an excuse. [15]
Q.8) Write critical notes on any two of the following : [15]
(a) Automatism, Defence to Criminal Charge
(b) De Minimus Non Curat Lex
(c) Accident as an Excusable Defence
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