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 A pact, other than a pact to commit suicide, to suffer any harm is not an offence, provided the age of the person who has given his consent to suffer harm is above eighteen years. Facts A enters into a pact with B, a boy of less than 18yer of age, to fence with each other for amusement. They agreed to suffer any harm which, in the course of such fencing, may be caused without foul play.

    A)  A, while playing fairly, hurts B, A commits no offence    

    B)  A, while playing only unfairly, hurts B, A commits an offence

    C)  A, while playing fairly, hurts B, A commits an offence    

    D)  A, while playing unfairly, hurts B, A commits no offence

    Correct Answer: C

    Solution :

    Ans.  According to Section 87 Indian Penal Code and the principle given here, a pact to suffer any harm is not an offence provided the age of the person, who has given his consent to suffer harm is above 18yer. In this case, though A was playing fairly, hurt B, A commits an offence, because B was less than 18yer of age.


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