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MCQ Practice Test & Solutions: Daily Passage Test for CLAT - Sep 26 (5 Questions)

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Test Highlights:

  • - Format: Multiple Choice Questions (MCQ)
  • - Duration: 10 minutes
  • - Number of Questions: 5

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Daily Passage Test for CLAT - Sep 26 - Question 1

In a legal case involving Raj, who is accused of a serious offense committed when he was 17 years old, the prosecution has presented his birth certificate as evidence to establish his age. However, Raj contends that the certificate has been tampered with and does not accurately reflect his real age. He requests the court to conduct an ossification test to determine his age. What should be the court's decision in accordance with the Juvenile Justice (Care and Protection of Children) Act, 2015?

Detailed Solution: Question 1

The court should base its decision on the birth certificate, as it is considered the primary documentary evidence under the Indian Evidence Act, 1872. The Juvenile Justice Act allows for reliance on both birth certificates and school leaving certificates to determine an individual's age. In the absence of these documents or if they are disputed, the JJ Act permits an ossification test for age determination. However, since the prosecution has already submitted a birth certificate as evidence, the court cannot authorize an ossification test when there is existing documentary evidence.

Daily Passage Test for CLAT - Sep 26 - Question 2

In a legal case involving Aruna, who is accused of a serious offense committed when she was 16 years old, the prosecution initially presented her birth certificate as evidence to establish her age. However, Aruna contends that the certificate has been lost, and she has no other documentary evidence to confirm her age. She requests the court to conduct a medical test to determine her age. What should be the court's decision in accordance with the Juvenile Justice (Care and Protection of Children) Act, 2015?

Detailed Solution: Question 2

The court should permit the medical test as it stands as the sole available method to determine Aruna's age when there is a lack of documentary evidence. According to the Juvenile Justice Act, age determination follows a three-layered procedure, with medical opinion being considered only when there is an absence of documentary evidence. Since Aruna has lost her birth certificate and possesses no alternative documentary proof of her age, the court may authorize a medical test to establish her age.
Therefore, option C correctly reflects the court's decision in this circumstance.

Daily Passage Test for CLAT - Sep 26 - Question 3

In cases where documentary evidence of age is available, what approach do courts typically adopt when determining the age of a juvenile?

Detailed Solution: Question 3

According to the passage, when matriculation certificates or birth certificates are available as documentary evidence of age, courts typically refuse to entertain objections regarding the age of a juvenile. This is because documentary evidence is considered the primary evidence under the Indian Evidence Act, 1872.

Daily Passage Test for CLAT - Sep 26 - Question 4

In a legal case involving Rohit, a 17-year-old boy accused of a serious offense, the prosecution argues that he should be tried as an adult because he is just a few months away from turning 18. What legal provision can be utilized to ascertain Rohit's age, and what steps can the court take to verify his age?

Detailed Solution: Question 4

Under the Juvenile Justice Act, if there are reasonable grounds for doubting a person's age, the date of birth mentioned in their matriculation certificate or birth certificate is relied upon. In Rohit's case, the court can utilize Rohit's matriculation certificate or birth certificate as provided by the Juvenile Justice Act to determine his age accurately.
Therefore, option C is the correct choice, aligning with the legal procedures outlined in the passage.

Daily Passage Test for CLAT - Sep 26 - Question 5

In a legal case involving Riya, a 16-year-old girl accused of a serious offense, the prosecution argues that she should be tried as an adult because she has already turned 16. However, Riya's parents claim that she was born prematurely and is actually just 15 years old. What legal provision can the Child Welfare Committee use to determine Riya's age, and what steps can the committee take to verify her age?

Detailed Solution: Question 5

The correct answer is option C. According to the Juvenile Justice Act, medical opinion is relied upon for age determination only in the absence of documentary evidence. Since Riya's age is in dispute, the Child Welfare Committee can rely on medical evidence to determine her age accurately.
Hence, option C accurately reflects the legal procedure in this scenario.

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