Previous year Orissa Judiciary Service 2010, Law of Crime and Law of Torts main written examination question paper


O.J.S. – 2010


Time – Three Hours


Full Marks – 150

Answer SIX questions, THREE from Section A, and THREE from Section B All questions carry equal marks.


1. “For illegal acts, neither the orders of a parent nor a master nor a superior will furnish any defence.” In light of the statement, enumerate the position of subordinates with special reference to Sections 76 and 79 of the Indian Penal Code, 1860. 25


2. Explain the nature and scope of the offence of Abetment as enumerated in the Penal Code. 25

3. What is cruelty ? Does the act of cruelty constitute an offence under the Code ? Explain the conditions under which it may be an offence and the judicial position with regard to same. 25

4. “Adultery is a civil wrong rather than a criminal offence.” Differentiate between the terms ‘wrong’ and ‘offence’. What are the constituent elements of the offence of adultery as laid down in the Penal Code ? Put forward your view points with regard to the above statement. 25

5. Robbery is a special and aggravated form of either theft or extortion. Explain and illustrate the offences of theft, extortion and robbery as laid down in the Penal Code. Point out the distinguishing features of each of the offences. 25


6. Write illustrative notes on :- 25

(a) Common Intention and Common Object

(b) Dishonestly and Fraudulently

(c) Murder and Culpable Homicide


(d) Provocation and Sudden Fight

(e) Hurt and Grievous Hurt.


7. What is Vicarious Liability ? On what principle/s of law is vicarious liability based ? When does such liability arise and to what extent it proceeds ? Elaborate with the help of appropriate case laws. 25


8. Explain the tort of defamation along with the defences that are applicable to it. 25

9. “The duty to take care is the duty to avoid doing or omitting to do anything, the doing or omitting to do which is owed to those to whom injury may reasonably and probably be anticipated if the duty is not observed.” Elaborate in light of the statement the liability for nervous shock in law of torts. 25

10. “Every invasion of private property, be it ever so minute, is trespass.” Do you agree with the above judicial statement ? Reflect, in light of the concept and characteristics of the tort of trespass and the justifications for it. 25

11. Differentiate between damage and damages. What do you mean by liquidated and unliquidated damages and which, of the either, is a remedy in tort ? On what grounds are damages awarded and what are the principles for assessment of the same ? 25

12. Write short notes on the following :- 25

(a) Private Nuisance

(b) Damnum Sine Injuria

(c) Contributory Negligence of Children

(d) Malicious Prosecution

(e) Volenti Non Fit Injuria.

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