CLAT CLAT Solved Paper-2013

  • question_answer
    Directions This section consists of fifty (50) questions. Each question consists of legal propositions principles (hereinafter referred to as 'principle') and facts. These principles have to be applied to the given facts to arrive at the most reasonable conclusion. Such principles may or may not be true in the real sense, yet you have to conclusively assume them to be true for the purposes of this section. In other words, in answering the following questions, you must not rely on any principles except the principles that are given here in below for every question. Further you must not assume any facts other than those stated in the question. The objective of this section is to test your interest towards study of law, research aptitude and problem solving ability even if the 'most reasonable conclusion' arrived at may be unacceptable for any other reason. It is not the objective of this section to test your knowledge of law.
    Principle Any police officer, not below the rank of a Sub-Inspector, may, if he is satisfied that an offence in respect of the infringement of copyright in any work has been, is being, or is likely to be, committed, seize without warrant, all copies of the work and all plates used for the purpose of making infringing copies of the work; wherever found and all copies and plates so seized shall, as soon as practicable, be produced before a Magistrate. Facts A Superintendent of Police (SP) conducted a raid on a shop and found pirated copies of books. The SP formed an opinion that infringement of copyright is taking place. He arrested the shop owner without warrant in the light of above mentioned propositions.

    A)  The arrest of the shop owner was within the power of the SP

    B)  The arrest of the shop owner was not within the power of the SP

    C)  The shop owner can never be arrested

    D)  SP was not competent to know whether infringement of copyright has taken place

    Correct Answer: A

    Solution :

    Ans.  According to the principle, any police officer above the rank of Sub-Inspector can seize without warrant, all the copies of the work and all plates, if he is satisfied that an offence of the infringement of copyright in any work has been committed or is likely to be committed. In the present case Superintendent of Police conducted a raid and he is obviously above the rank of Sub-Inspector, so he can arrest the shop owner.


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