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Test: Society and its relation with Capital Punishment - Judiciary Exams MCQ


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15 Questions MCQ Test - Test: Society and its relation with Capital Punishment

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Test: Society and its relation with Capital Punishment - Question 1

What historical era is often associated with the roots of capital punishment as a form of legal punishment?

Detailed Solution for Test: Society and its relation with Capital Punishment - Question 1
The roots of capital punishment as a legal punishment can be traced back to the Draconian era. In this time period, harsh and severe laws were established by Draco, an ancient Greek lawmaker. These laws were known for their strictness and often included the death penalty for various offenses.
Test: Society and its relation with Capital Punishment - Question 2

In India, under what circumstances is the death penalty retained according to the criteria of 'rarest of the rare' or 'special reasons'?

Detailed Solution for Test: Society and its relation with Capital Punishment - Question 2
In India, the death penalty is retained for exceptional cases that meet the criteria of 'rarest of the rare' or 'special reasons,' specifically in situations of exceptional severity. This standard is applied to select cases where the judiciary deems the crime to be of an extreme nature, justifying the imposition of the ultimate punishment available under the law.
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Test: Society and its relation with Capital Punishment - Question 3

What criteria does India follow when retaining the death penalty for exceptional cases?

Detailed Solution for Test: Society and its relation with Capital Punishment - Question 3
India retains the death penalty for exceptional cases based on the criteria of 'rarest of the rare' or 'special reasons'. This means that the death penalty is reserved for only the most extreme and heinous crimes, where the circumstances warrant such a severe punishment. This criteria aims to ensure that the death penalty is used judiciously and sparingly, reflecting the gravity of the offenses that qualify for this punishment.
Test: Society and its relation with Capital Punishment - Question 4
What major themes are typically discussed when the use of the death penalty in India is debated?
Detailed Solution for Test: Society and its relation with Capital Punishment - Question 4
When the use of the death penalty in India is debated, discussions often revolve around themes such as morality, humanity, reformation, and justice. These are complex and interrelated issues that highlight the ethical, legal, and social considerations surrounding the application of capital punishment. Debates on these themes contribute to shaping public opinion, policy decisions, and legal reforms related to the death penalty.
Test: Society and its relation with Capital Punishment - Question 5
What is the primary basis for determining the appropriateness of imposing the death penalty on an individual according to the current legal framework established by the Supreme Court?
Detailed Solution for Test: Society and its relation with Capital Punishment - Question 5
The primary basis for determining the appropriateness of imposing the death penalty on an individual according to the current legal framework established by the Supreme Court revolves around the concept of the "rarest of the rare" cases. This principle, along with a set of aggravating and mitigating factors, is utilized to assess whether the death penalty is justified in a particular case.
Test: Society and its relation with Capital Punishment - Question 6
Which of the following is a key factor considered before awarding the death penalty for murder, as evidenced in the case of Macchi Singh v. State of Punjab?
Detailed Solution for Test: Society and its relation with Capital Punishment - Question 6
In the case of Macchi Singh v. State of Punjab, specific considerations were taken into account before awarding the death penalty for murder, such as factors like brutality, motive, and magnitude of the crime. The motive behind the crime is a crucial aspect that is carefully evaluated before imposing the death penalty.
Test: Society and its relation with Capital Punishment - Question 7
In the judicial process concerning the imposition of the death penalty in India, what is the next step if a trial court issues a death sentence?
Detailed Solution for Test: Society and its relation with Capital Punishment - Question 7
If a trial court issues a death sentence, the next step in the judicial process is for the sentence to be confirmed by the High Court. Following this confirmation, the decision can then be appealed to the Supreme Court of India for further review and consideration.
Test: Society and its relation with Capital Punishment - Question 8
What is the primary legal principle used to determine the appropriateness of imposing the death penalty on an individual?
Detailed Solution for Test: Society and its relation with Capital Punishment - Question 8
The "rarest of the rare" cases principle is the primary legal concept utilized to assess whether the death penalty should be imposed on an individual. This principle involves considering specific aggravating and mitigating factors to determine the appropriateness of such a severe punishment.
Test: Society and its relation with Capital Punishment - Question 9
In which case did the offender receive life imprisonment instead of the death penalty due to the nature of the crime not being deemed a direct threat to society?
Detailed Solution for Test: Society and its relation with Capital Punishment - Question 9
The offender in the Manu Sharma v. State (NCT of Delhi) case received life imprisonment instead of the death penalty because the nature of the crime was not considered a direct threat to society. This decision reflects how the severity and circumstances of a crime can impact the sentencing outcome.
Test: Society and its relation with Capital Punishment - Question 10
Which organization reported that by the end of 2018, 106 countries had abolished the death penalty for all crimes?
Detailed Solution for Test: Society and its relation with Capital Punishment - Question 10
Amnesty International reported that by the end of 2018, 106 countries had abolished the death penalty for all crimes. This highlights the global trend towards the abolition of capital punishment and reflects evolving perspectives on justice and human rights.
Test: Society and its relation with Capital Punishment - Question 11
What is the judicial process that must be followed if a trial court issues a death sentence in India?
Detailed Solution for Test: Society and its relation with Capital Punishment - Question 11
In India, if a trial court issues a death sentence, it must be confirmed by the High Court before it can be appealed to the Supreme Court. This judicial process ensures a review of the decision at higher levels of the judiciary to safeguard against any potential errors or miscarriages of justice.
Test: Society and its relation with Capital Punishment - Question 12
What fundamental right guaranteed by the Constitution of India emphasizes the need for a fair trial for every individual, including the accused in rape and sexual assault cases?
Detailed Solution for Test: Society and its relation with Capital Punishment - Question 12
The fundamental right to life and personal liberty, as upheld by Article 21 of the Indian Constitution, emphasizes the need for a fair trial for every individual, including the accused in cases of rape and sexual assault. This right ensures that due process is followed, and justice is served while protecting the fundamental liberties of individuals.
Test: Society and its relation with Capital Punishment - Question 13
What do experts like Jeffrey Fagan and Daniel Nagin question regarding the death penalty's effectiveness as a deterrent for crime?
Detailed Solution for Test: Society and its relation with Capital Punishment - Question 13
Jeffrey Fagan and Daniel Nagin question the effectiveness of the death penalty as a deterrent for crime, suggesting that other factors such as the certainty of apprehension may play a more significant role in deterring criminal behavior. The debate over the death penalty's deterrent effect continues to be a topic of discussion among experts in the field of criminology.
Test: Society and its relation with Capital Punishment - Question 14
What constitutional right in India guarantees every individual, including the accused, a fair trial and upholds the right to life and personal liberty?
Detailed Solution for Test: Society and its relation with Capital Punishment - Question 14
Article 21 of the Indian Constitution guarantees every individual, including the accused, the right to a fair trial as well as the right to life and personal liberty. This constitutional provision emphasizes the importance of due process, justice, and protection of fundamental rights for all individuals within the Indian legal system.
Test: Society and its relation with Capital Punishment - Question 15
What fundamental right is emphasized in Article 21 of the Indian Constitution?
Detailed Solution for Test: Society and its relation with Capital Punishment - Question 15
Article 21 of the Indian Constitution upholds the right to life and personal liberty, which is a fundamental right guaranteed to all individuals. This right emphasizes the sanctity of life and the protection of personal liberty, ensuring that individuals are safeguarded against arbitrary state action.
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