Legal Reasoning Sectional Test 01 | Additional Study Material for CLAT PDF Download

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w w w . b y j u s e x a m p r e p . c o m
Mock Test Solutions in English
Questions
1. Direction: Read the given passage carefully and answer the questions given below: 
 
Crime has existed in society since time immemorial and is considered to be inevitable. In order to keep
crime and criminals at bay, the law has been created to ensure public order and to keep the society fairly
organized. Law enforcement is a type of mechanism wherein the professionals work together in order to
enforce law and order through various techniques such as deterrence, rehabilitation and punishing
individuals who disobey the law of the land. Police Officers can be categorized as one of the most
important aspects of the law enforcement mechanism. The police are authorized and emancipated by the
state to enforce and implement law and order in the societal structure. However, in recent years a lot of
police personnel have been misusing their powers and are violating the laws which are supposed to be
enforced. Police misconduct can be defined as inappropriate conduct exhibited by a police officer or
unlawful actions taken by them in connection with their official duties. 
 
Executive Approach:
 
On 15 November 1977, The Government of India appointed a National Police Commission.The
commission was appointed in order to evaluate the role and performance of the police both as a law
enforcement agency and also as an institution to protect and preserve the Fundamental Rights and
Human Rights of the citizens enshrined in the Constitution. The National Police Commission had various
terms of reference which required the Commission to redefine the role, powers and responsibilities in
order to keep a track of the maintenance of public order along with prevention and control of crime. The
Commission was also required to recommend various measures and institutional changes in order to
prevent the misuse of powers by the police or by the political executives so that a process of impartial
inquiry of the complaints made by the public can be enforced which are made against the police officers
about the misuse of their powers.
 
Judicial Perspective:
 
When the recommendations given by the National Police Commission have not implemented due to
various different factors a petition under Article 32 of the Constitution of India was filed by Prakash Singh,
a Padmashree awardee, who was a renowned police officer known for his impeccable contribution to the
society and Indian Police Service along with two other petitioners praying for the issue of directions to the
Government of India to frame and establish a new Police Act based on the recommendations given by the
Page 3


w w w . b y j u s e x a m p r e p . c o m
Mock Test Solutions in English
Questions
1. Direction: Read the given passage carefully and answer the questions given below: 
 
Crime has existed in society since time immemorial and is considered to be inevitable. In order to keep
crime and criminals at bay, the law has been created to ensure public order and to keep the society fairly
organized. Law enforcement is a type of mechanism wherein the professionals work together in order to
enforce law and order through various techniques such as deterrence, rehabilitation and punishing
individuals who disobey the law of the land. Police Officers can be categorized as one of the most
important aspects of the law enforcement mechanism. The police are authorized and emancipated by the
state to enforce and implement law and order in the societal structure. However, in recent years a lot of
police personnel have been misusing their powers and are violating the laws which are supposed to be
enforced. Police misconduct can be defined as inappropriate conduct exhibited by a police officer or
unlawful actions taken by them in connection with their official duties. 
 
Executive Approach:
 
On 15 November 1977, The Government of India appointed a National Police Commission.The
commission was appointed in order to evaluate the role and performance of the police both as a law
enforcement agency and also as an institution to protect and preserve the Fundamental Rights and
Human Rights of the citizens enshrined in the Constitution. The National Police Commission had various
terms of reference which required the Commission to redefine the role, powers and responsibilities in
order to keep a track of the maintenance of public order along with prevention and control of crime. The
Commission was also required to recommend various measures and institutional changes in order to
prevent the misuse of powers by the police or by the political executives so that a process of impartial
inquiry of the complaints made by the public can be enforced which are made against the police officers
about the misuse of their powers.
 
Judicial Perspective:
 
When the recommendations given by the National Police Commission have not implemented due to
various different factors a petition under Article 32 of the Constitution of India was filed by Prakash Singh,
a Padmashree awardee, who was a renowned police officer known for his impeccable contribution to the
society and Indian Police Service along with two other petitioners praying for the issue of directions to the
Government of India to frame and establish a new Police Act based on the recommendations given by the
w w w . b y j u s e x a m p r e p . c o m
Commission in order to ensure the effective functioning of the people. 
Police Complaints Authority: Composition, Power and Functions:
? At the District Level, there shall be a Police Complaint authority to look into the matter of complaints
against the police officer of and up to the Rank of Deputy Superintendent of Police. 
? The State Level- Police Complaints Authority would take cognizance of only those cases which involve
allegations of serious misconduct by Police Officers or Workforce. 
? Apart from the incidents mentioned above the District Level Police Complaints Authority will take notice
of and inquire into accusations and allegations of extortion, land/house grabbing, or any other incident or
case involving gross misuse of authority. The recommendations made by these authorities shall have a
binding effect on any action that is departmental or criminal against an irresponsible and delinquent police
officer.
Sources: lawcorner.in, legalserviceindia.com, thewire.in, www.ijm.org, The Hindu
According to the passage, in the tone of the author, what conduct a police officer may commit, that would
be termed as Police misconduct?
 
A. Police misconduct can be defined as
inappropriate conduct exhibited by a police officer or
unlawful actions taken by them in connection with
their official duties.
B. Police misconduct can be defined as
inappropriate conduct exhibited by a police officer
within his legal jurisdiction.
 
C. By violating the basic protocols that have to be
maintained by each and every police personnel with
full dignity.
D. None of the above options can be considered as
the point of police misconduct.
2. What are the powers of the National Police Commission?
 
A. Evaluate the role and performance of the police
both as a law enforcement agency.
B. Protect and preserve the Fundamental Rights and
Human Rights of the citizens enshrined in the
Constitution.
 C. Both A and B. D. None of the above.
3. The Police are authorized and emancipated by the state to enforce and implement law and order". What
does the author wish to convey through this statement?
 
A. Police can do whatever they want to protect their
citizens within their territorial and legal jurisdiction.
B. Police officers must follow the mechanism of Law
Enforcement for the proper functioning of the state's
machinery, without misusing their powers.
Page 4


w w w . b y j u s e x a m p r e p . c o m
Mock Test Solutions in English
Questions
1. Direction: Read the given passage carefully and answer the questions given below: 
 
Crime has existed in society since time immemorial and is considered to be inevitable. In order to keep
crime and criminals at bay, the law has been created to ensure public order and to keep the society fairly
organized. Law enforcement is a type of mechanism wherein the professionals work together in order to
enforce law and order through various techniques such as deterrence, rehabilitation and punishing
individuals who disobey the law of the land. Police Officers can be categorized as one of the most
important aspects of the law enforcement mechanism. The police are authorized and emancipated by the
state to enforce and implement law and order in the societal structure. However, in recent years a lot of
police personnel have been misusing their powers and are violating the laws which are supposed to be
enforced. Police misconduct can be defined as inappropriate conduct exhibited by a police officer or
unlawful actions taken by them in connection with their official duties. 
 
Executive Approach:
 
On 15 November 1977, The Government of India appointed a National Police Commission.The
commission was appointed in order to evaluate the role and performance of the police both as a law
enforcement agency and also as an institution to protect and preserve the Fundamental Rights and
Human Rights of the citizens enshrined in the Constitution. The National Police Commission had various
terms of reference which required the Commission to redefine the role, powers and responsibilities in
order to keep a track of the maintenance of public order along with prevention and control of crime. The
Commission was also required to recommend various measures and institutional changes in order to
prevent the misuse of powers by the police or by the political executives so that a process of impartial
inquiry of the complaints made by the public can be enforced which are made against the police officers
about the misuse of their powers.
 
Judicial Perspective:
 
When the recommendations given by the National Police Commission have not implemented due to
various different factors a petition under Article 32 of the Constitution of India was filed by Prakash Singh,
a Padmashree awardee, who was a renowned police officer known for his impeccable contribution to the
society and Indian Police Service along with two other petitioners praying for the issue of directions to the
Government of India to frame and establish a new Police Act based on the recommendations given by the
w w w . b y j u s e x a m p r e p . c o m
Commission in order to ensure the effective functioning of the people. 
Police Complaints Authority: Composition, Power and Functions:
? At the District Level, there shall be a Police Complaint authority to look into the matter of complaints
against the police officer of and up to the Rank of Deputy Superintendent of Police. 
? The State Level- Police Complaints Authority would take cognizance of only those cases which involve
allegations of serious misconduct by Police Officers or Workforce. 
? Apart from the incidents mentioned above the District Level Police Complaints Authority will take notice
of and inquire into accusations and allegations of extortion, land/house grabbing, or any other incident or
case involving gross misuse of authority. The recommendations made by these authorities shall have a
binding effect on any action that is departmental or criminal against an irresponsible and delinquent police
officer.
Sources: lawcorner.in, legalserviceindia.com, thewire.in, www.ijm.org, The Hindu
According to the passage, in the tone of the author, what conduct a police officer may commit, that would
be termed as Police misconduct?
 
A. Police misconduct can be defined as
inappropriate conduct exhibited by a police officer or
unlawful actions taken by them in connection with
their official duties.
B. Police misconduct can be defined as
inappropriate conduct exhibited by a police officer
within his legal jurisdiction.
 
C. By violating the basic protocols that have to be
maintained by each and every police personnel with
full dignity.
D. None of the above options can be considered as
the point of police misconduct.
2. What are the powers of the National Police Commission?
 
A. Evaluate the role and performance of the police
both as a law enforcement agency.
B. Protect and preserve the Fundamental Rights and
Human Rights of the citizens enshrined in the
Constitution.
 C. Both A and B. D. None of the above.
3. The Police are authorized and emancipated by the state to enforce and implement law and order". What
does the author wish to convey through this statement?
 
A. Police can do whatever they want to protect their
citizens within their territorial and legal jurisdiction.
B. Police officers must follow the mechanism of Law
Enforcement for the proper functioning of the state's
machinery, without misusing their powers.
w w w . b y j u s e x a m p r e p . c o m
 C. They should only follow the path of deterrence,
rehabilitation by creating an environment of awe and
terror to implement law and order in the state.
D. Police personnel never misuse their powers.
Media and other elements play with their character.
4. According to the executive approach of the Law Enforcement mechanism, the National Police
Commission had had various terms of reference. These references were required for:
 
A. To redefine the role, powers and responsibilities in
order to keep a track of the maintenance of public
order along with prevention and control of crime.
B. To quash the Judicial powers and responsibilities
in order to maintain public peace.
 
C. To recommend various measures and institutional
changes in order to prevent the misuse of powers by
the police or by the political executives.
D. Both A & C are correct regarding the executive
approach.
5. The Political and Administrative Manipulation of the Police was published in 1979 by the Bureau of Police
Research and Development. The important reasoning behind this was:
 
A. Unrestricted control of political executives over
the police force has led to the innate danger of
making the police a tool and diverting the growth of
society.
B. To establish a state which is based on un-
authoritarianism by shaking the core of democracy.
 
C. To violate, use non-enforcement and unjust
application of laws.
D. Option B is non-contradictory to the reasoning
behind the the Political and Administrative
Manipulation of the Police.
6. Direction: Read the given passage carefully and answer the questions given below:
 
Passage
 
In the current era, with an increased nature and form of criminal incidence all around the globe and,
countries like both developed and developing ones are barging on to the aspect of reforming and
strengthening the functioning of the criminal justice system. This particular essay mainly aims at outlining
the current status of Capital punishment at the international level and thereby indulges onto analysing two
major concerns governing the same. The two most important concerns that remained entangled, and are
considered to be crucial responsibilities for any country’s criminal justice system that involve firstly
attaching of utmost value to human life and secondly, introducing the best ways that shall protect the
same.
Page 5


w w w . b y j u s e x a m p r e p . c o m
Mock Test Solutions in English
Questions
1. Direction: Read the given passage carefully and answer the questions given below: 
 
Crime has existed in society since time immemorial and is considered to be inevitable. In order to keep
crime and criminals at bay, the law has been created to ensure public order and to keep the society fairly
organized. Law enforcement is a type of mechanism wherein the professionals work together in order to
enforce law and order through various techniques such as deterrence, rehabilitation and punishing
individuals who disobey the law of the land. Police Officers can be categorized as one of the most
important aspects of the law enforcement mechanism. The police are authorized and emancipated by the
state to enforce and implement law and order in the societal structure. However, in recent years a lot of
police personnel have been misusing their powers and are violating the laws which are supposed to be
enforced. Police misconduct can be defined as inappropriate conduct exhibited by a police officer or
unlawful actions taken by them in connection with their official duties. 
 
Executive Approach:
 
On 15 November 1977, The Government of India appointed a National Police Commission.The
commission was appointed in order to evaluate the role and performance of the police both as a law
enforcement agency and also as an institution to protect and preserve the Fundamental Rights and
Human Rights of the citizens enshrined in the Constitution. The National Police Commission had various
terms of reference which required the Commission to redefine the role, powers and responsibilities in
order to keep a track of the maintenance of public order along with prevention and control of crime. The
Commission was also required to recommend various measures and institutional changes in order to
prevent the misuse of powers by the police or by the political executives so that a process of impartial
inquiry of the complaints made by the public can be enforced which are made against the police officers
about the misuse of their powers.
 
Judicial Perspective:
 
When the recommendations given by the National Police Commission have not implemented due to
various different factors a petition under Article 32 of the Constitution of India was filed by Prakash Singh,
a Padmashree awardee, who was a renowned police officer known for his impeccable contribution to the
society and Indian Police Service along with two other petitioners praying for the issue of directions to the
Government of India to frame and establish a new Police Act based on the recommendations given by the
w w w . b y j u s e x a m p r e p . c o m
Commission in order to ensure the effective functioning of the people. 
Police Complaints Authority: Composition, Power and Functions:
? At the District Level, there shall be a Police Complaint authority to look into the matter of complaints
against the police officer of and up to the Rank of Deputy Superintendent of Police. 
? The State Level- Police Complaints Authority would take cognizance of only those cases which involve
allegations of serious misconduct by Police Officers or Workforce. 
? Apart from the incidents mentioned above the District Level Police Complaints Authority will take notice
of and inquire into accusations and allegations of extortion, land/house grabbing, or any other incident or
case involving gross misuse of authority. The recommendations made by these authorities shall have a
binding effect on any action that is departmental or criminal against an irresponsible and delinquent police
officer.
Sources: lawcorner.in, legalserviceindia.com, thewire.in, www.ijm.org, The Hindu
According to the passage, in the tone of the author, what conduct a police officer may commit, that would
be termed as Police misconduct?
 
A. Police misconduct can be defined as
inappropriate conduct exhibited by a police officer or
unlawful actions taken by them in connection with
their official duties.
B. Police misconduct can be defined as
inappropriate conduct exhibited by a police officer
within his legal jurisdiction.
 
C. By violating the basic protocols that have to be
maintained by each and every police personnel with
full dignity.
D. None of the above options can be considered as
the point of police misconduct.
2. What are the powers of the National Police Commission?
 
A. Evaluate the role and performance of the police
both as a law enforcement agency.
B. Protect and preserve the Fundamental Rights and
Human Rights of the citizens enshrined in the
Constitution.
 C. Both A and B. D. None of the above.
3. The Police are authorized and emancipated by the state to enforce and implement law and order". What
does the author wish to convey through this statement?
 
A. Police can do whatever they want to protect their
citizens within their territorial and legal jurisdiction.
B. Police officers must follow the mechanism of Law
Enforcement for the proper functioning of the state's
machinery, without misusing their powers.
w w w . b y j u s e x a m p r e p . c o m
 C. They should only follow the path of deterrence,
rehabilitation by creating an environment of awe and
terror to implement law and order in the state.
D. Police personnel never misuse their powers.
Media and other elements play with their character.
4. According to the executive approach of the Law Enforcement mechanism, the National Police
Commission had had various terms of reference. These references were required for:
 
A. To redefine the role, powers and responsibilities in
order to keep a track of the maintenance of public
order along with prevention and control of crime.
B. To quash the Judicial powers and responsibilities
in order to maintain public peace.
 
C. To recommend various measures and institutional
changes in order to prevent the misuse of powers by
the police or by the political executives.
D. Both A & C are correct regarding the executive
approach.
5. The Political and Administrative Manipulation of the Police was published in 1979 by the Bureau of Police
Research and Development. The important reasoning behind this was:
 
A. Unrestricted control of political executives over
the police force has led to the innate danger of
making the police a tool and diverting the growth of
society.
B. To establish a state which is based on un-
authoritarianism by shaking the core of democracy.
 
C. To violate, use non-enforcement and unjust
application of laws.
D. Option B is non-contradictory to the reasoning
behind the the Political and Administrative
Manipulation of the Police.
6. Direction: Read the given passage carefully and answer the questions given below:
 
Passage
 
In the current era, with an increased nature and form of criminal incidence all around the globe and,
countries like both developed and developing ones are barging on to the aspect of reforming and
strengthening the functioning of the criminal justice system. This particular essay mainly aims at outlining
the current status of Capital punishment at the international level and thereby indulges onto analysing two
major concerns governing the same. The two most important concerns that remained entangled, and are
considered to be crucial responsibilities for any country’s criminal justice system that involve firstly
attaching of utmost value to human life and secondly, introducing the best ways that shall protect the
same.
w w w . b y j u s e x a m p r e p . c o m
Currently, as per the recent statistics on a worldwide basis, the implementation and adoption of the capital
punishment which can also be termed as the death penalty has got reduced and can be said to
approaching towards its abolition.
Despite undertaking of such abolishments by many countries, within the purview of international law such
as under the International Covenant on Civil and Political Rights or that of any other universal international
treatise formed, the provisions concerning the death penalty are not prohibited.
On the contrary, it can further be stated that with the prevalence of such covenants and treatise at the
international level, concurrently their also exists other instruments such as the Second Optional Protocol
to the International Covenant on Civil and Political Rights, Protocol number 6 to the European Convention
for the Protection of Human Rights and Fundamental Freedoms and such others that are been ratified by
fewer state parties that holds the objective of abolishing capital punishment.
Under the paradigm of international law, the most crucial and express provision relating to the death
penalty is Art.6 of the ICCPR. The provision enumerated under the concerned article states about
countries that has not yet abolished the imposition of capital punishment are required to act in consonance
and conformity to the law in force during the time of the commission of the crime, and also not to act in
contrary to the provisions of this covenant along with Convention on the Prevention and Punishment of the
Crime of Genocide.
Adoption of the abolition move of the death penalty in the year 1995 by Spain was stated to have been
taken on the ground that within the criminal justice system of any civilized nation or society implementation
of the same is not necessary. Majority of the member states within the EU have already abolished
application of the death penalty with the sole objective of gaining membership. Apart from it, other major
proportions of states that are absolutions in nature are of the view that capital punishment ensues
subsequently breach of other human rights.
The views or perspectives that are showcased by international organisations in the field of human rights
also showcases their positivity towards abolition the same. Going through the above discussion it can be
very well construed that majority of the nations and international organisations are pledging for removal of
Capital punishment from the boundaries of the criminal justice system as that generates implications of
regressive nature against the society.
Sources: www.ohchr.org, treaties.un.org, lawcorner.in