LEGAL REASONING – 3

Rules (for Questions 1 to 3): (Constitutional Law)

A. A person shall be a citizen of India if at the commencement of the Constitution, he

has his domicile in India, and

i. was born in the territory of India, or

ii. either of whose parents was born in the territory of India, or
iii. who has been ordinarily resident in the territory of India for not less than 5
years immediately preceding such commencement.
A. A person is domiciled in the country in which he is considered to have his
permanent home.
B. The Constitution of India was adopted on November 26, 1949 and came into
effect on January 26, 1950.

Facts: Dhruv, born on July 10, 2000, is of mixed descent. His mother, Zubia was born
in Mumbai, England while his father, Harry was born in Lancashire, England. Dhruv
is born and brought up in Sikkim, where Zubia and Harry have built their own house.
They moved to London for sometime as Harry’s work required him to travel all across
Europe.

Q1. Where can Dhruv said to be domiciled?

(a) India
(b) UK
(c) It depends on whether Dhruv was a nominee for the house in Sikkim
(d) It cannot be determined

Q2. Is Dhruv an Indian citizen?

(a) No
(b) Yes
(c) It depends on how old he is
(d) It cannot be determined

Q3. Will the family’s moving to London affect Dhruv’s citizenship?

 (a) Yes
(b) No
(c) It depends on the kind of job Harry does
(d) It cannot be determined

Rule (for Questions 4 and 5): (Criminal Law)

When property is in possession of a person’s wife, clerk or servant, on account of that

person, it is in that person’s possession within the meaning of the Indian Penal Code.

Facts: Shyam was sitting by the pool with a gold bracelet. He had stolen it from Somu
who had forgotten it by the pool side. Shyam gave the bracelet to his wife, Shoma. She
went to show it to her friends, to tell them that it was a gift to her from Shyam.

Q4. In whose possession can the bracelet be said to be?

(a) Somu
(b) Shoma
(c) Shyam
(d) All of the above

Q5. Shoma was caught with an anklet that had been stolen from an antique exhibition
in a 5-star hotel. In whose possession could the anklet be said to be?

(a) Shoma
(b) Shyam
(c) Both (a) and (b)
(d) It cannot be determined

Rules (for Questions 6 to 8): (Contract Law)

A proposal is revoked-

A. by the communication of notice of revocation by the proposer to the other party

B. by the lapse of the time prescribed in such proposal for its acceptance, or in the
absence of such prescription, by the lapse of a reasonable time, without
communication of the acceptance
 C. by the failure of the acceptor to fulfill a condition precedent to acceptance
D. by the death or insanity of the proposer, if the fact that he is dead or has become
insane becomes known to the acceptor before acceptance.

Facts: Harvey, from UK, proposes to sell his lorry to his good friend, Dent (from
California, USA) for Rs. 15 lakhs. Harvey tells Dent that he should tell him if he likes
the offer by midnight (GMT) of May 25, 2015. Dent calls Harvey to accept the proposal,
on May 25, 2015 midnight according to his watch.

Q6. The proposal has been:

(a) accepted
(b) revoked
(c) a counter proposal has been made
(d) none of the above

Q7. Assume that Harvey tells Dent that he will wait till May 26 to send the lorry to
Dent but he will only sell it to Dent if Dent transfers half the payment to his account
by that date. Dent transfers the amount on the morning of May 27. Choose the correct
statement:

(a) The proposal stands and Harvey must send the lorry to Dent
(b) The proposal stands since Dent met the condition precedent
(c) The proposal stands revoked
(d) None of the above

Q8. Assume that Dent accepts the offer and transfers half the amount as advance so
that Harvey may send the lorry to him. Just a couple of days later, Harvey’s mother
calls Dent to inform him that Harvey died in a car accident some weeks ago. The
proposal is:

(a) revoked
(b) not revoked
(c) impossible
(d) none of the above
Rule (for Questions 9 and 10): (Criminal Law)

A. Whoever, knowingly or having reason to believe that a minor has been

trafficked, engages such minor for sexual exploitation in any manner, shall be
punished with rigorous imprisonment for a term which shall not be less than
five years, but which may extend to seven years, and shall also be liable to fine
B. Whoever, knowingly by or having reason to believe that a person has been
trafficked, engages such person for sexual exploitation in any manner, shall be
punished with rigorous imprisonment for a term which shall not be less than
three years, but which may extend to five years, and shall also be liable to fine.

Facts: Bhawani employs a ten-year old girl as domestic help. The girl tells him that
she has been brought forcefully from her village when her cousins sold her to a man
for some money. Bhawani sexually exploits her, knowing that there is no one to come
to her aid. The girl manages to escape and Bhawani is tried in court.

Q9. Choose the correct statement:

(a) Bhawani may be punished with simple imprisonment of seven years and fine
(b) Bhawani may be punished with rigorous imprisonment of six years and fine
(c) Bhawani is not liable for punishment because he was not sure if the girl had
been trafficked
(d) None of the above

Q10. Assume that Bhawani accepts money from clients and lets them sexually exploit
the girl. When he is tried before the court, he says that he is not at fault for he never
exploited her himself. Is this a valid defence?

(a) Yes
(b) No
(c) It depends on whether the girl sustained any injuries
(d) It cannot be determined