Haryana Judicial Services Mains 2024 Previous Year Paper (Criminal Law)

Candidates preparing for Haryana Judicial Services should solve the Haryana Judicial Services Mains 2024 Previous Year Paper and other previous year question papers before they face Prelims and Mains.

Question 1

a) 'Z' submitted a written complaint to the local police station, claiming to be a victim of domestic violence at the hands of her husband 'Y' and his relatives. She also alleged that 'Y' is having an extramarital affair. A Daily Diary Report was entered based on her complaint, but the police refused to lodge an FIR without conducting a preliminary inquiry into the allegations. Is the police justified in adopting the said procedure? Is it mandatory for the police to lodge an FIR in the above scenario? Answer with reference to the guidelines in Lalita Kumari v. State of UP, AIR 2014 SC 187. (10 Marks)

b) Discuss the provisions of Sections 216 & 217 of the CrPC, focusing on the court's power to alter or add any charge during a trial, and corresponding rights of the accused. How do these sections ensure a fair trial and balance with the protection of the rights of the accused? (10 Marks)

c) Describe the procedure laid down in the CrPC for the trial of an accused who is a lunatic or of unsound mind. (10 Marks)

d) Discuss the principle that granting bail is the rule and rejection is the exception. (10 Marks)

Question 2

a) Jaswant suffered from frequent bouts of schizophrenia and was undergoing medical treatment for his condition. One day, a quarrel erupted between Jaswant and his wife, Regina. In a fit of rage, Jaswant stabbed his wife multiple times, resulting in her death. Jaswant later confessed to the police, claiming delusional thoughts at the time of the crime. A neighbour, passing by the house, saw Jaswant sitting on the veranda covered in blood and acting strangely. Another neighbour noted that Jaswant had been acting delusional. Can Jaswant be held liable for murdering his wife, or would his defense of schizophrenia be sufficient to establish insanity? (15 Marks)

b) Write short notes on:

i) Power of the police to attach property u/s 102 CrPC (5 Marks)

ii) Withdrawal from Prosecution (5 Marks)

c) Distinguish between the following:

i) Inquiry and Investigation (5 Marks)

ii) Police custody and Judicial custody (5 Marks)

iii) Summons case and warrant case (5 Marks)

Question 3

a) Hira' and 'Kana', with intent to abort the foetus off Zina Ankur's wife, administered certain abortive pills, which had been provided to them by Ankur Resultantly, Zina" was rendered unconscious for some time. After the regained consciousness, it was discovered that she was not pregnant. Can Win Kara, and Ankar, be held guilty of any offence under IPC (10 Marks)

b) 'A' comments upon a book authored by 'B' and published by 'S' on a TV debate, "I am not at all surprised that 'B's' book is senseless and vulgar because "B" is a man of doubtful integrity and Immoral character". Do these remarks amount to defamation? (5 Marks)

c) Section 60 of the Evidence Act states that oral evidence must be direct, given by a person, who has seen or perceived a fact. Hearsay evidence is, thus, excluded. However, Section 32 thereof, provides an exception,

Scenario: A man, before dying makes a statement: " attacked me."

Does this statement qualify as a dying declaration under Section 32 of the Evidence Act? Is it admissible in court despite the general prohibition against hearsay evidence in Section 60 of the Evidence Act?

What factors would the court consider to determine the reliability and authenticity of the dying declaration in above scenario? (10 Marks)

d) In what circumstances, can the accused be released on bail under Section 167(2) CIPC Can the bail so granted be subsequently cancelled on merits? Elucidate the law on the point. (15 Marks)

Question 4

a) In 2008, Prem, while interning with an NGO in Rani's village, fell in love with her. Anticipating familial disapproval, Prem relocated to Mumbai after securing stable employment in an MNC. In 2009, at the age of 18, Rani eloped with Prem. Despite Prem's decision not to formalize their union due to concerns about losing his share in his father's property, Rani devoted herself to managing their household. By 2023, Rani and Prem had been in a live-in relationship for fifteen years, although the final year was marked by significant turmoil, ultimately leading to their separation when Prem abruptly ended the relationship and married a woman chosen by his family. Now, Rani faces the legal challenge of proving her entitlement to maintenance as a woman in a live-in relationship, while Prem vehemently denies any obligations toward her. Discuss the law of maintenance under Section 125 of the CrPC, focusing on whether Rani, who was in a live-in relationship with Prem in the above circumstances, would be entitled to maintenance from Prem. (10 Marks)

b) 'A,' a snake charmer, publicly exhibited a venomous snake whose fangs he knew had not been extracted. To demonstrate his skill and dexterity, and without intending to cause harm, 'A' placed the snake on the head of a spectator, who, in an attempt to push the snake off, was bitten and subsequently died. What offence, if any, under the IPC has been committed by 'A'? (10 Marks)

c) In a poorly illuminated interrogation room at a police station, Inspector Ravi Singh conducts an intense interrogation of Raju, a lower caste labourer accused of rape, for over 15 hours without any respite for food or toilet breaks. Despite Raju persistently denying the allegations, Inspector Singh subjects him to severe mental and emotional stress. Additionally, Inspector Singh informs Raju of a hostile mob outside the police station seeking vengeance and that his family has fled the village to escape the angry mob. Feeling scared, fatigued, and emotionally shattered, Raju succumbs to the pressure and writes a confession. Analyze the admissibility of Raju's confession. (10 Marks)

d) d) In a high-profile murder case, the police seek to use narco-analysis, polygraph tests, and brain-mapping techniques on the prime suspect, who denies involvement despite circumstantial evidence suggesting otherwise. The suspect's lawyer challenges the admissibility and ethicality of these investigative techniques, citing legal precedents and human rights concerns. Discuss the legal provisions and judicial guidelines governing the use of narco-analysis, polygraph tests, and brain-mapping in criminal investigations in India. (10 Marks)

Question 5

a) Raja teased Vijay's sister while she was in the fields. Enraged, Vijay, armed with a sword, went to Raja's house and began to verbally abuse Raja's mother and sister. He also threatened to forcibly take away Raja's sister. The women got frightened and retreated inside a room. Raja's mother came out begging for forgiveness. In response, Vijay struck her neck with a sword, causing her instant death. In the given circumstances, whether Vijay can be held liable for murder? Does the fact that the death occurred in a fit of rage exempt Vijay from being convicted of murder? (10 Marks)

b) Discuss the scope of 'consent' in the context of rape laws in India. How have recent amendments and landmark judgments influenced the understanding and application of 'consent' in rape cases? (10 Marks)

c) Section 27 of the Evidence Act deals with the discovery of a fact by a person in police custody. If the accused makes a statement and then leads the police to a place and produces some incriminating evidence/article, can such a statement be treated as a confessional statement that leads to discovery?

Statement 1: The Accused states, "I have hidden the axe in my haystack. I will produce it."

Statement 2: The Accused states, "I would produce the axe used for murder and I will also confess."

Discuss the admissibility of these statements and whether they may be proved in a trial. (10 Marks)

d) In a robbery case, the court is assessing the admissibility of identification evidence. The prosecution alleges that the accused forcibly entered Mrs. Kohli's house on August 12, 2022, and stole valuable items at a knife point. belongings.During an identification parade, Mrs Kohli identific neck, and his the perpetrator. She recognized him based on a distinctive tattoo on his left arm and neck, and his unique accent significance of Mrs Kohli's identification evidence, including her observation of tattoo on the admissibility and accused's arm and recognition of his unique accent, with reference to relevant legal provisions and case laws.  (10 Marks)