CLAT Sample Paper CLAT Sample Paper-1

  • question_answer
    Direction:  A principle principles and a fact situation are given in questions decide only on the basis of the principle(s).
    Principle When a woman dies in suspicion circumstances within seven years of her marriage and is treated with cruelty before her death it is presumed to be dowry death. To prosecute a person under criminal law, intention and motive are required to be proved before the court. Whoever cause death with the intention of causing death, or knowingly causing bodily injury which is sufficient to cause death in ordinary circumstances or knowingly commits an act which he knows is likely to cause death is guilty of the offence of culpable homicide.
    Facts Rekha gets married into a loving family and one which does not believe in dowry and therefore requests her family to not indulge in such practices. After two years of marriage, Rekha's sister-in-law pours petrol on her while she sleeps and sets her on fire. Rekha dies as a result of the burns and her family files a complaint of dowry death.
    Who is liable for the death of Rekha?

    A)  The entire family is liable for Rekha's death as she died under suspicious circumstances within seven years of her marriage, and therefore the natural assumption is that of a dowry death

    B)  Only the sister-in-law is liable as she committed the offence of culpable homicide

    C)  Neither the sister-in-law, nor the family can be held liable as adequate intention or motive cannot be proved against either of them

    D)  The family and the sister-in-law are both liable for her death as it is assumed that the sister-in-law set Rekha on fire while acting on behalf of the entire family

    Correct Answer: A

    Solution :

    Entire family is liable for Rekha's death, as she died under suspicious circumstances within 7 years of her marriage.


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