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Constitution Reasoning

Description: Constitution Reasoning
Number of Questions: 3
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Tags: Constitution Reasoning Constitutional Law
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Directions: Given below is a statement of facts of a case. Following the statement are a few principles of law are given in the form of certain propositions. Apply the principles to the facts of the case and encircle the most reasonable answer out of the alternatives given:

Fact: Maniyan was prosecuted for an offence of murder and he was acquitted. Thereafter additional evidence came to light pointing to Manjyan's complicity in the same offence. So the police went to prosecute him again. Principles: I. Under Indian Constitution, if a person is convicted of an offence, he cannot be prosecuted again. II. Under Criminal Procedure Code, if a person is prosecuted in an offence and if the prosecution results either in an acquittal or in conviction, then he cannot be the prosecuted for the same offence.

  1. Maniyan cannot be prosecuted as he enjoys the right under our Constitution not to be prosecuted twice for the same offence.

  2. Maniyan cannot be prosecuted as he enjoys the right under Criminal Procedure Code not to be prosecuted twice for the same offence.

  3. Maniyan cannot be prosecuted as he is protected both by the Constitution and Criminal Procedure Code.

  4. None of the above answers is correct


Correct Option: B

Directions: Given below is a statement of principle, followed by a factual situation. Apply the principle to the facts and select the most appropriate answer among three alternatives given. Encircle your choice and explain why you think your answer is correct in not more than 3 to 4 lines. If it exceeds 4 lines, then penalty may be imposed.

Principle: Sedition: Whoever by words, signs or otherwise brings into hatred or contempt or excites disaffection towards the government established by law in India shall be punished with imprisonment of life. Facts: In a public meeting, Yashpal Reddy, the leader of an opposition party thunders, “This is a government of scoundrels, bootleggers and scamsters. They deserve to be unseated. Teach them a lesson in the coming elections by voting them out of power”. The government is contemplating to prosecute Yashpal Reddy.

  1. Yashpal Reddy is guilty of sedition for having made irresponsible and inflammatory statements against the government.

  2. Yashpal Reddy is not guilty of sedition as he is only exercising his freedom of speech in public.

  3. Yashpal Reddy is guilty of sedition, as his statement would incite people to violence leading to reakdown of law and order.


Correct Option: A
Explanation:

(1) this constitutes sedition as it obviously falls within the purview of a strict interpretation of the principle given here. However, if you refer to the discussion on Sedition in Module II, you will realize that a statement is not seditious unless it contains an incitement to violence. Since the principle given in the question does not specify this requirement, we have chosen (1) as the correct answer.

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