Passage 1:
It is the responsibility of the State to take care of helpless victims of such heinous offences. Time and again, we have held that the right to live a dignified life is an integral part of the fundamental right guaranteed under Article 21 of the Constitution of India. Article 21 encompasses the right to lead a healthy life.
The minor child, who is the victim of the offences under the POCSO Act, is also deprived of the fundamental right to live a dignified and healthy life. The same is the case of the child born to the victim as a result of the offence. All the provisions of the JJ Act regarding taking care of such children and rehabilitating them are consistent with Article 21 of the Constitution of India.
Therefore, immediately after the knowledge of the commission of a heinous offence under the POCSO Act, the State, its agencies and instrumentalities must step in and render all possible aid to the victim children, which will enable them to lead a dignified life. The failure to do so will amount to a violation of the fundamental rights guaranteed to the victim children under Article 21.
The police must strictly implement subsection (6) of Section 19 of the POCSO Act. If that is not done, the victim children are deprived of the benefits of the welfare measures under the JJ Act. Compliance with Section 19(6) is of vital importance. Non-compliance thereof will lead to a violation of Article 21.
Suo Motu Writ Petition (C) no.3 of 2023 etc. Page 43 of 50 38. Unfortunately, in our society, due to whatever reasons, we find that there are cases and cases where the parents of the victims of the offences under the POSCO Act abandon the victims. In such a case, it is the duty of the State to provide shelter, food, clothing, education opportunities, etc., to the victim of the offences as provided in law.
Even the child born to such a victim needs to be taken care of in a similar manner by the State. After the victim attains the majority, the State will have to ensure that the victim of the offence can stand on his/her legs and, at least, think of leading a dignified life. That is precisely what Section 46 of the JJ Act provides.
Sadly, in the present case, there is a complete failure of the State machinery. Nobody came to rescue the victim of the offence, and thus, for her survival, no option was left to her but to seek shelter with the accused.
[Extracted from RE: RIGHT TO PRIVACY OF ADOLESCENTS V. 2024 INSC 614 (20 August 2024)]
1. What is the primary condition under which a High Court can exercise its powers under Section 482 of the Cr.P.C. concerning serious offences?
- A) If there is a settlement between the parties involved.
- B) When the guilt of the accused is not established.
- C) In cases of heinous crimes where guilt is confirmed, courts should refrain from acquittal.
- D) To promote alternative dispute resolution.
2. According to the Supreme Court, what concept is not recognized under Section 6 of the POCSO Act?
- A) Consent from the victim if they are above 16 years of age.
- B) Non-exploitative sexual acts between older adolescents.
- C) Marital relationships in cases involving minors.
- D) Peer influence as a mitigating factor.
3. In the context of this case, how did the Supreme Court view the relationship between consensual sexual acts and the POCSO Act?
- A) It may be permissible under specific circumstances.
- B) It is completely irrelevant to the charges under the POCSO Act.
- C) It should be evaluated on a case-by-case basis.
- D) It is a valid defense against charges of rape.
4. In light of the judgment, how might the Supreme Court’s perspective influence the approach of lower courts in similar future cases?
- A) Lower courts may become more lenient in cases where victims express a desire to withdraw complaints.
- B) Courts will likely emphasize the need for a strict application of the law, regardless of perceived consent.
- C) Lower courts might seek to provide rehabilitation options instead of punitive measures for offenders.
- D) Courts may begin to consider societal trends in adolescent behavior as justifiable defenses.
5. In light of the court’s directives, what is the primary focus of the report that the committee is required to submit?
- A) To evaluate the overall effectiveness of the POCSO Act in protecting minors.
- B) To provide recommendations for the legal representation of the victim in future hearings.
- C) To detail the interactions with the victim and offer opinions on what actions would serve the best interest of the victim and her child.
- D) To assess the adequacy of support services available for victims of sexual offenses in the state.
Passage 2:
Before parting with the case, we may say a word more. This case has given us much concern. We gave our fullest consideration to the questions raised. We have examined and re-examined the questions before reaching the conclusion. We consider that the society’s demand for honesty in a judge is exacting and absolute. The standards of judicial behaviour, both on and off the Bench, are normally extremely high.
For a Judge to deviate from such standards of honesty and impartiality is to betray the trust reposed on him. No excuse or no legal relativity can condone such betrayal. From the standpoint of justice the size of the bribe or scope of corruption cannot be the scale for measuring a judge’s dishonour.
A single dishonest judge not only dis263 honours himself and disgraces his office but jeopardizes the integrity of the entire judicial system. A judicial scandal has always been regarded as far more deplorable than a scandal involving either the Executive or a member of the Legislature.
The slightest hint of irregularity or impropriety in the Court is a cause for great anxiety and alarm. “A legislator or an administrator may be found guilty of corruption without apparently endangering the foundation of the State.
But a Judge must keep himself absolutely above suspicion” to preserve the impartiality and independence of the judiciary. and to have the public confidence thereof.
[Extract from K. Veeraswami v. Union of India, Judgment Date July 25, 1991]
6. According to Section 11 of the CrPC, who has the authority to establish courts of Judicial Magistrates of the first and second classes in a district?
- A) The Chief Justice of the High Court
- B) The State Government in consultation with the High Court
- C) The Chief Judicial Magistrate
- D) The Sessions Judge
7. What is the role of the Chief Judicial Magistrate as per Section 12 of the CrPC?
- A) To exclusively try capital offences
- B) To supervise all Judicial Magistrates within the district
- C) To preside over cases in metropolitan areas
- D) To act as an appellate authority for civil cases
8. Under Section 15(1) of the CrPC, who is superior to the Chief Judicial Magistrate?
- A) The Special Judicial Magistrate
- B) The Additional Chief Judicial Magistrate
- C) The Sessions Judge
- D) The District Magistrate
9. According to Section 20 of the CrPC, what is the primary function of Executive Magistrates?
- A) To conduct trials and pass verdicts
- B) To execute administrative functions and maintain public order
- C) To oversee the proceedings of Judicial Magistrates
- D) To represent the state in civil matters
- What does Section 23 of the CrPC state about the subordination of Executive Magistrates?
- A) All Executive Magistrates are subordinate to the Chief Judicial Magistrate
- B) Additional District Magistrates are subordinate to the District Magistrate
- C) Every Executive Magistrate is subordinate to the Sub-divisional Magistrate
- D) Executive Magistrates follow the rules set by the District Magistrate.
Passage 3:
Under the English Common Law, an unincorporated corporation could not have become an owner of the property. The law in India, however, is different.
Before we advert to the statutes operating in the field, in passing we may notice a wholly untenable submission of the counsel that an unregistered deed of sale only having been executed in favour of the company by Sarafs, no title passed to the company in view of Section 54 of the Transfer of Property Act. Section 54 of the Transfer of Property Act, defines sale and provides for a procedure as to how the same shall be made. It does not speak of conveyance of ownership. Section 54 of the Transfer of Property Act does not lay down a law as to whether in all situations an apparent state of affairs as contained in a deed of sale would be treated to be the real state of affairs. It does not bar a benami transaction. There is no embargo in getting a property registered in the name of one person; although real beneficiary thereof would be another.
[Extracted from Jai Narain Parasurampuria (Dead) & Ors vs Pushpa Devi Saraf & Ors on 24 August, 2006]
11. Under the Transfer of Property Act, 1882, which of the following is NOT a characteristic of a sale?
- A) The transfer of ownership of the property
- B) The transfer must be in writing
- C) The consideration must be monetary
- D) The seller must have the capacity to contract
12. Which of the following statements is TRUE regarding the rights of the buyer under a sale?
- A) The buyer can sell the property even before the purchase money is paid.
- B) The buyer has a right to possession upon payment of the purchase money.
- C) The buyer is entitled to the profits from the property even if the sale is not completed.
- D) The buyer must provide security to the seller before taking possession.
13. A sale of property made under coercion can be:
- A) Ratified by the seller after the coercion ends.
- B) Valid and enforceable.
- C) Invalid from the beginning.
- D) Valid only if the buyer was unaware of the coercion.
14. In a sale of property, the doctrine of “caveat emptor” places the burden of diligence on:
- A) The seller
- B) The buyer
- C) Both parties equally
- D) The property broker
15. Under Section 54 of the Transfer of Property Act, what is the minimum requirement for a sale to be valid?
- A) It must be executed by a registered instrument.
- B) It must be accompanied by a written agreement.
- C) The buyer must pay the entire purchase price upfront.
- D) The seller must provide a title guarantee.
ANSWER KEY:
- C
- C
- B
- B
- C
- B
- B
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Adtiya Aryan
Contributing author
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