Odisha Judicial Services Exam Mains 2023 Optional Paper - I | Law of Crime & Law of Torts

Candidates preparing for the Odisha Judicial Services Exam should solve the Odisha Judicial Services Mains 2023 Optional Paper - I (Law of Crime & Law of Torts) and other previous years' question papers as part of their preparation for the Prelims and Mains. Practicing these papers helps aspirants understand the syllabus better and prepare strategically by focusing on the types of questions previously asked. Successful candidates are always aware of the question patterns and techniques employed by the Odisha Judiciary Examination. Every aspirant should adopt this approach at the start of their preparation to gain a comprehensive understanding of the examination pattern and question design.

Question 1

Critically examine the maxim actus non facit reum nisi mens sit rea and discuss its exceptions. How far do you agree that the concept of mens rea is adopted in Indian Criminal Jurisprudence? (25 Marks)

Question 2

It is often said that "there is a very thin but fine distinction between the offences of 'culpable homicide amounting to murder' and 'culpable homicide not amounting to murder because the difference is merely of question of different degree of probability of death ensuing".

Examine the correctness of the above statement with the help of legal provisions and decided cases. (25 Marks)

Question 3

What do you understand by 'criminal attempt? What are various theories to distinguish between 'preparation' and 'attempt? Explain with the help of decided cases. (25 Marks)

Question 4

A Delhi bound train met with an accident near Tatanagar railway station in which several passengers died. X died in that accident. While X's dead body was lying on the side of railway track, Y with dishonest intention removed three gold rings, a wrist watch and money bag from that dead body Has Y committed theft? Discuss the liability of Y with justification. (25 Marks)

Question 5

Explain the principles of 'group liability' in criminal law. Discuss whether several persons engaged in the commission of a criminal act may be guilty of different offences by means of that act. Refer to decided cases. (25 Marks)

Question 6

"Only involuntary act of intoxication is a defence." Critically examine this statement in the light of relevant statutory provisions and decided cases. (25 Marks)

Section - B

Question 7

"Act of God is an accident due to a natural cause, directly and exclusively without human intervention. In light of this statement, discuss what is 'act of God' and to what extent it provides protection of defendant and differentiate 'act of God' from inevitable accident". (25 Marks)

Question 8

Discuss the rule ubi remedium ibi jus as the origin of the law of torts. Explain in this regard, the basic dominance and subsequent abolition of the forms of action in the development of the law of torts. (25 Marks)

Question 9

What are the tests for determining remoteness of damages? Why is the foreseeability test considefed more rational? Explain with the help of case-laws. (25 Marks)

Question 10

Discuss Rylands vs Fletcher rule and state its exceptions. How far absolute liability principle is different from strict liability rule? Explain and refer to landmark decisions. (25 Marks)

Question 11

What are the essential elements of 'negligence? Explain with the help of decided relevant cases. (25 Marks)

Question 12

"Qui facit per alium facit per se." Explain this maxim with the help of decided cases. (25 Marks)

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