CameraIcon

SearchIcon

MyQuestionIcon

2

You visited us 2 times! Enjoying our articles? Unlock Full Access!

Business Studies

Redressal under the Law

PRINCIPLE: Wh...

Question

PRINCIPLE: Whoever desires any court to give judgment about any legal right or liability which depends on the existence of those facts which he asserts, must prove that those facts exist.
FACTS: A asserts that B, C and D have committed an offence of criminal conspiracy and therefore A desires a Court to give judgment that B, C and D shall be punished for that crime which A says B, C and D committed.

A

A must prove that B, C and D have committed the crime

Right on! Give the BNAT exam to get a 100% scholarship for BYJUS courses

B

B, C and D must prove that they have not committed the cirme

No worries! We‘ve got your back. Try BYJU‘S free classes today!

C

A must prove that B, C and D were present at the place of crime

No worries! We‘ve got your back. Try BYJU‘S free classes today!

D

Police must prove that B, C and D have committed the crime

No worries! We‘ve got your back. Try BYJU‘S free classes today!

Open in App

Solution

The correct option is A A must prove that B, C and D have committed the crime
A person pleading a fact in Court must prove the fact he pleads. The burden of proof lies on the person accusing and not on the accused.
Since A asserts that B,C and D have committed the criminal conspiracy. therefore, he must prove that they have in fact committed the crime.

Suggest Corrections

thumbs-up

0

Similar questions

Q. LEGAL PRINCIPLES: (1) The concept of joint liability comes under section 34 of IPC which states that "when a criminal act is done by several persons, in furtherance of the common intention of all, each of such persons is liable for that act in the same manner as if it were done by him along."
(2) A person abets an offence, who abets either the commission of an offence, or the commission of an act which would be an offence, if committed by a person capable by law of committing an offence with the same intention or knowledge as that of the abettor.
(3) A criminal conspiracy takes place when two or more people get together and plan to commit a crime and then take some action toward carrying out that plan. The action taken does not have to be a crime itself to further the conspiracy.
FACTS: X and Y conspire to poison Z. X in pursuance of the conspiracy procures the poison and delivers it to Y in order that he may administer it to Z, Y in pursuance of X and thereby causes Z's death. What offences X and Y have committed?
DECISION will be _____.

Q. Read the given argument or statement carefully, making any factual assumptions necessary. Then choose the best answer out of the four choice to the question asked. Note that not all the facts given will be relevant for determining the answer.
'In 399 BC, a jury in Athens condemned Socrates to death for impiety and corrupting the morals of the youth. Socrates' friends offered to help him escape, but Socrates refined. Socrates argued that the fact that he had lived in Athens for so many years meant that he had committed himself to obeying its laws.It would therefore be wrong for him to break those very laws he was implicitly committed to obeying.'
Which one of the following claims constitutes the most plausible challenge to Socrates' argument?

Q. Given below is a statement of legal principle followed by factual situation. Apply the principle to the facts and select the most appropriate answer.
A was arrested by the policy for committing an offence and was subsequently granted bail by the Court. One of the conditions imposed by the Court for granting bail was that A arrange for a surety for

R s . 50, 000

. A approached B to be a surety. B agreed, but insisted that they enter into a contract whereby A would deposit

R s . 50, 000

into B's account, which would be returned to A by B after the case was over.

Q. PRINCIPLE: Whoever drives any vehicle, or rides, on any public way in manner so rash or negligent as to endanger human life, or to be likely to cause hurt or injury to any other person, has committed an offence, which shall be punished in accordance with the law
FACTS: 'X', a truck driver, driving his vehicle rashly and negligently at a high speed climbed the footpath and hit 'Y', a pedestrian, from behind causing his death.

Q. "It has been thought a considerable advance towards establishing the principles of Freedom to say that Government is a compact between those who govern and those who are governed; but this cannot be true, because it is putting the effect before the cause; for as man must have existed before governments existed, there necessarily was a time when governments did not exist, and consequently there could originally exist no governors to form such a compact with. The fact, therefore, must be that the individuals, themselves, each, in his own personal and sovereign right, entered into a compact with each other to produce a government: and this is the only mode in which governments have a right to arise, and the only principle on which they have a right to exist."
The text above was part of a pamphlet written in support of which of the following?

View More

Join BYJU'S Learning Program

similar_icon

Related Videos

lock

Relief and Redressal

BUSINESS STUDIES

Watch in App

explore_more_icon

Explore more

Redressal under the Law

Standard XII Business Studies

Join BYJU'S Learning Program

CrossIcon