CBSE Class 12 Sample Paper 2024 Solution for Legal Studies

Central Board of Secondary Education

SAMPLE PAPER
Class 12
2024

Solutions

Marking Scheme - SQP- 2023-24
Legal Studies (Code- 074)
Class XII

Time Allotted: 3 Hrs Maximum Marks - 80

S.no. SECTION A Typo Unit Marks

1 Answer: a. All children in the 0 to 18 years age group K 5B 1

2 Answer: c. Hong Kong A 7 1

3 Answer: d. C-D-A-B A 1 1

4 Answer: a. Both, A and R, are true and R is the correct explanation of A A 1 1

5 Answer: c. No, as B cannot accept one property and reject other in the same document A 3C 1

6 Answer: c. Arbitrator has jurisdiction U 2 1

7 Answer: c. confession, admission A 4C 1

8 Answer: a. Yes because he has inherited the rights of ownership from the original A 3D 1
creator, his father

9 Answer: a. Not enforceable as the agreement involves the fraudulent act of cheating A 3A 1

10 Answer: b. Both, A and R, are true but R is not the correct explanation of A K 1 1

11 Answer: c. 1-C ; 2- A; 3- D; 4- B U 3C 1

12 Answer: a. It is easier for the company to raise capital through the sale of shares to U 4B 1
the public

13 Answer: c- Acceptance by performing conditions of the offer. K/U 3A 1

14 Answer: a. Both, A and R, are true and R is the correct explanation of A A 5A 1

15 Answer: c. Trademark A 3D 1

16 Answer: b. Facilitative Mediation A 2 1

17 Answer: d. Assertion (A) is false but Reason (R) is true AEC 5A 1

18 Answer: d. State Bar Association AEC 7 1

19 Answer: b. Santhanam committee A 2 1

20 Answer: c. No, intention and preparation alone do not give rise to any criminal liability. AEC 4C 1

SECTION B

21 Inquisitorial System. A 2 1+0.5+0.5
The main advantages of an inquisitorial system include
a) The system offers procedural efficiency as the active role of judges prevents
delays and prolonged trials.
b) The system preserves equality between the parties as even the stronger party
with more resources and expert lawyers may not be able to influence the judges.

22 In the USA, law graduates need to meet all requirements, including writing the Bar A 7 1+1
Examination of a particular State to be eligible to practice in that State. Foreign lawyers
may appear for Bar Examinations in the US; however, laws from state- to state vary in
this matter. Students who have completed an LLM may qualify to sit for the bar exam in
New York. The criteria for eligibility to take the bar examination are set by each state’s
bar association. Some states may allow foreign-educated lawyers to take the bar
examination without earning their degree locally. In such a case, foreign-educated
lawyers must begin the process by getting their law degree reviewed by the American
Bar Association (ABA). Once reviewed, the application is either accepted or deferred. If
accepted, foreign lawyers are allowed to sit for that state’s bar exam in much the same
way a domestic applicant would.

In New York, one of the jurisdictions most open to foreign lawyers, this would allow
foreign lawyers to sit for the bar without being required to complete any further law
school study in the US. Even if deferred, applicants may be asked to complete course
work at an ABA approved college before sitting for the bar exam. This course work
usually takes the form of a one-year LL.M program at an ABA accredited school. New
York and California are the most popular states for foreign lawyers to give the Bar
Examination owing to the presence of a large number of international law firms involving
transnational work, for which an international lawyer’s expertise is useful.

23 India Germany U 1 1+1

Common Law Jurisdiction Civil law Jurisdiction

Adversarial system of justice dispensation Inquisitorial system of justice dispensation

Or
The Supreme Court has relaxed its locus standi (meaning the right of a party to appear
and be heard by a Court) and has permitted public spirited citizens and civil society
organisations to approach the Court on behalf of the victims for better administration of
justice. This has been possible through the judicial activism of the Supreme Court
through Public Interest Litigation (Janhit Yachika) (PIL). 1+1
On other accounts, the Court has on its own initiative started cases of public importance
called suo moto actions. For instance it has summoned and reprimanded state
authorities for their apathy and lack of diligence in running child care homes in the
states.

24 Yes A 5A 1+1
Bholu has a Right to Education under Article 21 A. All children between the age group
of 6-14 years have a fundamental right to free and compulsory education.
Bholu is prohibited from working in factories as he is 12 years old under Article 24 -
Prohibition of employment of children in factories, etc. It prohibits employment of
children below the age of fourteen years in factories, mining, and other hazardous
employment.

25 Type- Lease A 3C 1+0.5+0.5
Features- (Any two)
1. Rent is earned as return
2. The possession of the property transfers for a specific period
3. The ownership of the property does not transfer

26 Trade secrets can include a wide range of confidential information that is important for A 3C 1+1
the success and survival of a business. This information can be in the form of strategies,
designs, client databases, formulas, programs, or any other confidential information that
must be kept secret to maintain the competitive advantage of the business. Since the
recipe is information exclusive to your client, it can be classified as trade secret

27 The Sustainable Development Goals (SDGs) and human rights are interlinked as over AEC 5A 1+1
90 percent of the SDGs relate to human rights obligations. When a State makes
progress towards achieving SDGs they move forward to fulfil their human rights
obligations.
An example of SDG that is linked to human rights is: Gender Equality SDG

28 There are several advantages to operating as a Limited Liability Partnership (LLP). AEC 4B 1+1
(Any two)
1. The terms and conditions of an LLP are based on a mutually agreed LLP
agreement, providing greater flexibility and ease.
2. The cost of registering an LLP is lower than incorporating a public or private
limited company.
3. Partners are only liable up to their agreed contribution, and there is no joint
liability created by the actions of another partner.
4. The registration process is simpler compared to that of a company.
5. Remuneration, voting rights, and other aspects are clear and defined in the LLP
agreement, with no restrictions on partner remuneration as long as it is
authorized by the agreement.

6. The LLP can sue and be sued in its own name, protecting partners from being
personally sued for the LLP's debts.
7. There is greater flexibility for becoming a partner, leaving the LLP, or transferring
interest in the LLP.
8. Partners are free to enter into any contract, and the LLP enjoys higher credit-
worthiness compared to a partnership, although lower than a company.
9. There is no mandatory requirement for auditing accounts, and the LLP can raise
funds from private equity investors and financial institutions.

SECTION C

29 In the Given situation Mr A will not succeed in bringing a suit for breach of Contract A 3A/3 1+1+1
against Mr B. D
One of the essentials of a valid contract as mentioned under section 10 ICA is that the
parties must be competent to contract. The foreign sovereigns are incompetent to
contract for being disqualified by law, as per the provisions of ICA. Therefore, any
agreement between Mr A and Mr B cannot be a contract because of being entered into
by a person disqualified by law.
Or

a) Design intellectual property.
b) The Designs Act, 2000
c) Design intellectual property refers to original and unique creations of the mind that
can be used commercially.A design right protects the original and aesthetically
unique appearance of a manufactured item, as long as it is new and not obvious.
This type of patent only covers the ornamental aspects and does not extend to the
functional or structural elements. Any design invented by a person shall be 1+1+1
protected by Designs. Shape, colour, line, pattern, etc. are covered under Designs

30 a. A 8 2+1
a) A member of a Scheduled Caste or Scheduled Tribe;
b) A victim of trafficking in human beings or beggar as referred to in Article 23 of the
Constitution;
c) A women or a child;

d) A mentally ill or otherwise disabled person; A person under circumstances or under
circumstances of underserved want such as being a victim of a mass disaster,
ethnic violence, caste atrocity, flood, drought, earthquake or industrial disaster; or
e) An industrial workman; or
f) In custody, including custody in protective home
b. Section 304(1)of CrPC,1973 provides that: In a trial before the sessions judge, if the
accused does not have sufficient means to engage a pleader, the court should assign
a pleader for his defense at the expense of the State.

31. a) The institution is the International Court of Justice (ICJ) , also known as the World K 6 1+1+1
Court. It is the principal judicial organ of the United Nations.
Members of the World Court- Under Article 93 of the United Nations Charter -All
members of the UN are party to the statute of the ICJ by default and non-members
may also become parties under this Article.
b) The ICJ settles legal disputes submitted to it by states in accordance with
international law and gives advisory opinions on international legal issues from U.N.
bodies and agencies.
c) Jurisdiction of ICJ: The judgment by the ICJ is final, binding on the parties to a case
and without appeal.
d) The ICJ has no enforcement powers, but if states don’t comply, the Security Council,
the organ of the UN primarily responsible for maintaining peace and security, may
take action.

32 NCPCR stands for The National Commission for Protection of Child Rights U 5B 1+1+1
Aims and objectives of NCPCR-
The commission's mandate is to ensure that all laws, policies, programs and
administrative systems conform to the vision of the rights of the child as enunciated in
the Constitution of India as well as the United Nations Convention on the Rights of the
Child. A child is defined as a person falling in the age group of 0 to 18 years.
NCPCR emphasises the principle of universality and inviolability of child rights and
recognises the tone of urgency in all the child related policies of the country.

33 State Bar Council- The Advocates’ Act, 1961 has created a State Bar Council in each AEC 7 1+1+1
State with the Advocate General of the State as an ex- officio member, and 15-25
members elected for a period of five years. Two members are to be nominated by the
Bar Council of India from amongst advocates on the electoral roll of the State Bar
Council, to discharge the functions of the State Bar Council. Application for enrolment
is made to the State Bar Council. Every State Bar Council shall prepare and maintain a
roll of advocates in which shall be entered the names and addresses of all who are
admitted to be advocates on the roll of the State Bar Council under this Act on or after
the appointed day.
The functions of a State Bar Council are—
a) to admit persons as advocates on its roll;
b) to prepare and maintain such roll;
c) to entertain and determine cases of misconduct against advocates on its roll;
d) to safeguard the rights, privileges and interests of advocates on its roll;
e) to promote the growth of Bar Associations for the purposes of effective
implementation of the welfare schemes
f) to promote and support law reform;
g) to conduct seminars and organise talks on legal topics by eminent jurists and
publish journals and paper of legal interest;
h) to organise legal aid to the poor in the prescribed manner;
i) to manage and invest the funds of the Bar Council;
j) to provide for the election of its members;
k) to visit and inspect Universities
(Any three to be given)
Bar Council of India- The Indian legal profession includes both the practice of law and
legal education. To regulate both, The Advocates Act established an All India Bar
Council, with the Attorney-General and Solicitor General of India as ex-officio members
of the Bar Council. The All India Bar Council has one member elected to it by each State
Bar Council and it elects its own Chairman and Vice Chairman. The Bar Council of India
performs the regulatory function by prescribing standards of professional conduct and
etiquette and by exercising disciplinary jurisdiction over the bar. It also sets standards

for legal education and grants recognition to Universities whose degree in law will serve
as qualification for enrolment as an advocate. It regulates the content, syllabus, duration
of the law degree, subject to which every University can lay down its own provisions.
The Council has a Legal Education Committee for this purpose. State Council rules
need to be approved by the Bar Council, however the Central Government has
overriding power to make rules. In addition, it performs certain representative functions
by protecting the rights, privileges and interests of advocates and through the creation
of funds for providing financial assistance to organise welfare.
The statutory functions of the Bar Council of India are:
1. To lay down standards of professional conduct and etiquette for advocates.
2. To lay down the procedure to be followed by its disciplinary committee and the
disciplinary committees of each State Bar Council. To safeguard the rights,
privileges and interests of advocates.
3. To promote and support law reform.
4. To deal with and dispose of any matter which may be referred to it by a State Bar
Council.
5. To promote legal education and to lay down standards of legal education. This is
done in consultation with the Universities in India imparting legal education and
the State Bar Councils.
6. To recognise Universities whose degree in law shall be a qualification for
enrolment as an advocate. The Bar Council of India visits and inspects
Universities, or directs the State Bar Councils to visit and inspect Universities for
this purpose.
7. To conduct seminars and talks on legal topics by eminent jurists and publish
journals and papers of legal interest.
8. To organise legal aid to the poor.
9. To recognise on a reciprocal basis, the foreign qualifications in law obtained
outside India for the purpose of admission as an advocate in India.
10. To manage and invest the funds of the Bar Council.
11. To provide for the election of its members who shall run the Bar Councils.
(Any three to be given)

34 a) Lokpal (caretaker of people) is an anti- corruption ombudsman in India. The A 2 1+1+1
Lokayukta (appointed by the people) is a similar anti-corruption ombudsman
organization in the Indian states.
b) the Lokpal shall consist of a chairperson who has been a Chief Justice of India or
is or has been a Judge of the Supreme Court or is an eminent judicial member of
impeccable integrity and outstanding ability having special knowledge and
expertise of not less than 25 years in matters relating to anti-corruption policy,
public administration, vigilance or finance. Further, the total members of Lokpal
shall not exceed 8, out of whom 50 % shall be Judicial Members.
The legislation aims to combat acts of bribery and corruption of public-servants
c) The Government of India has designated several ombudsmen (sometimes called
Chief Vigilance Officer (CVO)) for the redress of grievances and complaints from
individuals in the banking, insurance and other sectors being serviced by both
private and public bodies and corporations

Or

a) Arbitration
b) Arbitration can be chosen by the parties either by way of an agreement (Arbitration
1+2
Agreement) or through the reference of the Court (Court Referral of Arbitration).
The parties in an arbitration have the freedom to select a qualified expert known as
an arbitrator. The process of dispute resolution through arbitration is confidential,
unlike the court proceedings which are open to the public. This feature of arbitration
makes it popular especially for commercial disputes where business secrets
revealed during the process of dispute resolution are protected and preserved.
Similarly companies can maintain their commercial reputation, as they can prevent
the general public or their customers from discovering the details of their on-going
legal disputes.The decision rendered by an arbitrator is known as an arbitral award.
Similar to a judgment given by a judge, the arbitral award is binding on the disputing
parties.Once an arbitral award is rendered, it is recognised enforced akin to a court
pronounced judgment or order.However, unlike a judgment rendered by a judge in
the court the award does not hold precedential value for future arbitrations.

35 Dying Declaration is a legal concept that refers to the statement which is made by a A 4C 1+1+1
dying person explaining the circumstances of his death. It is a statement by a person
who is conscious and knows that death is imminent concerning what he believes to be
the cause or circumstances of his death. It is also considered credible and trustworthy
evidence based upon the general belief that most people who know that they are about
to die “do not lie”. Hence Aman can be convicted solely on the basis of the dying
declaration given by his wife Ritu.
The propositions laid down by the Supreme Court in K.R. Reddy v. The Public
Prosecutor SC 1976 AIR 1994 are as follows:
1. The Court must be satisfied that the deceased was in a fit state of mind to make
the statement after the deceased had a clear opportunity to observe and identify
his assailants and that he was making the statement without any influence.
2. Once the Court is satisfied that the dying declaration is true and voluntary it can
be sufficient to found the conviction even without any further corroboration

36 a) Yes, as the transfer is made during the pending litigation. A 3C 1+2
b) b. B is a third party in the transaction, The SC observed that Section 52 of the
Act does not declare a pendente lite transfer by a party to the suit as void or
illegal, but only makes the pendente lite purchaser bound by the decision of the
pending litigation. (Hardev Singh V Gurmail Singh)

SECTION D

37 a) 1.Rio Declaration- The United Nations Conference on Environment and Development K 4 2+3
(UNCED), also known as the ‘Earth Summit’ was held in Rio de Janerio, Brazil in 1992.
The Conference marked the 20th anniversary of the first ever International Human
Environment Conference in Stockholm, Sweden, 1972. The Conference was attended
by representatives from 179 countries to discuss the impact of human socio-economic
activities on the environment.
The objective of Rio ‘Earth Summit’ was to formulate a blueprint for global action on
environment and development issues. It recognised that integrating and balancing the

economic, social and environmental concerns in meeting our needs is vital for sustaining
human life on the planet Earth. This triggered action on part of governments from across
the globe on how to ensure sustainability with development.
The Earth Summit resulted in some major actions by countries from across the globe in
the form of conventions and resolutions.
To name a few:
Agenda - 21
UNFCCC - United Nations Framework Convention on Climate Change
Convention on Biological Diversity
The Declaration on the Principles of Forest Management
Commission on Sustainable Development
2. Agenda 21 was one of the most daring programs calling for action strategies. t
focussed on new methods of education, new ways of preserving natural resources and
new ways of participating in a sustainable economy. The implementation of Agenda -21
was reaffirmed in the World Summit on Sustainable Development held in Johannesburg,
in 2002.
Agenda 21 focuses on Community Participation as one of the major prerequisites for
sustainable development. Attaining sustainability therefore requires addressing the
fundamental issues and challenges pertaining to development at local, regional and
global levels simultaneously by all segments of society. Thus the key objective of
sustainable development being, to improve human well-being and to sustain these
improvements over a period of time, remains the focus of Agenda - 21.

(b)
 Advise the Central Government on any matter concerning prevention and control
of water and air pollution and improvement of the quality of air.
 Plan and cause to be executed a nation-wide program for the prevention, control
or abatement of water and air pollution;
 Coordinate the activities of the State Board and resolve disputes among them;
 Provide technical assistance and guidance to the State Boards, carry out and
sponsor investigation and research relating to problems of water and air pollution,

and for their prevention, control or abatement;
 Plan and organise training of persons engaged in programme on the prevention,
control or abatement of water and air pollution;
 Organise through mass media, a comprehensive mass awareness programme
on the prevention, control or abatement of water and air pollution;
 Collect, compile and publish technical and statistical data relating to water and
air pollution and the measures devised for their effective prevention, control or
abatement;
 Prepare manuals, codes and guidelines relating to treatment and disposal of
sewage and trade effluents as well as for stack gas cleaning devices, stacks and
ducts;
 Disseminate information in respect of matters relating to water and air pollution
and their prevention and control;
 Lay down, modify or annul, in consultation with the State Governments
concerned, the standards for stream or well, and lay down standards for the
quality of air; and
 Perform such other functions as may be prescribed by the Government of india.
(any three functions)

Or

SOLE PROPRIETORSHIP ADVANTAGE
a) Quick decision making
b) confidentiality of information
c) Owner receives all the profits
d) Owner makes all decisions and is in complete control of the company
e) Easiest and least expensive form of ownership to organiz
f) easy of formation and closure
g) The business does not pay separate taxes. All income passes directly to the
owner and is taxed at the owner’s personal tax rate.

SOLE PROPRIETORSHIP DISADVANTAGES
a) Unlimited liability if anything happens in the business
b) Limited in raising funds
c) No separate legal status
a) limited funds and resources
b) limited skills and managerial ability of the proprietor

PARTNERSHIP ADVANTAGES
a) Easy to establish (with the exception of developing a partnership agreement)
b) Separate legal status to give liability protection
c) Partners may have complementary skills
d) Low start up cost
e) More capital is available for business

PARTNERSHIP DISADVANTAGES
a) Partners are jointly and individually liable for the actions of the other partners
b) Profits must be shared with the partners
c) Divided decision making
d) Business can suffer if the detailed partnership agreement is not in place

Methods of dissolution
Sole proprietorship - As the business is owned and controlled by one person, death,
insanity, imprisonment, physical / mental incapacity or bankruptcy will have a direct
impact on the business and lead to its closure.
Partnership - Partnership firm can be dissolved by way of compulsory dissolution or by
way of agreement.

38 a) The mode of entering into a treaty is Consent by Ratification. A 6
Ratification is the act by which a State establishes its consent to be bound by a
treaty on the international plane. This was initiated as a measure to ensure that
the representative who signed a treaty had due authority, by seeing whether
the state agrees to ‘ratify’ the same.

Ratification differs from country to country but usually requires a sign that the
state consents to follow the provisions of the treaty. This could be established by:
- assent by the President of the State or
- require a vote of a majority in the legislature
In multilateral treaties, involving a number of countries, ratification is usually the
most preferred method of expressing assent where one party collects the
ratification of the others.
b) Consent by signature
In certain cases, treaties may be given force by way of signatures of
representatives who have been given the full powers, i.e. authorization in writing
from their state to be able to take decisions on its behalf.

c) Any restriction of rights requires the need for an amendment by legislature.

In the case of Magan Bhai Patel v Union of India, the court held that if a treaty or
international agreement restricts the rights of the citizens or modifies the laws of the
state, it would be required to have a legislative measure.

E.g. If India is a party to an international agreement to stop the killing of a species of
turtle, it restricts the right to trade of certain fishermen by prohibiting killing of the turtle.
If this treaty is to be enforced in India, the Indian Parliament needs to pass a domestic
legislation regarding prohibition of the killing of such turtle species.
OR

The North Sea Continental Shelf Cases confirmed that both State practice (the objective
element) and opinio juris (the subjective element) are essential pre-requisites for the
formation of a customary law rule. This is consistent with Article 38 (1) (b) of the Statute
of the ICJ.

The jurisprudence of the North Sea Continental Shelf Cases sets out the dual
requirement for the formation of customary international law: (1) State practice (the

objective element) and (2) opinio juris (the subjective element). In these cases, the Court
explained the criteria necessary to establish State practice – widespread and
representative participation. It highlighted that the practices of those States whose
interests were specially affected by the custom were especially relevant in the formation
of customary law. It also held that uniform and consistent practice was necessary to
demonstrate opinio juris – opinio juris is the belief that State practice amounts to a

legal obligation. The North Sea Continental Self Cases also dispelled the myth that
duration of the practice (i.e. the number of years) was an essential factor in forming
customary international law.

Customary international law is comprised of two elements:

1. consistent and general international practice by states- it is the widespread
repetition of similar international acts over time by states (State practice) and
2. a subjective acceptance of the practice as law by the international community - the
requirement that the acts must occur out of a sense of obligation (opinion juris)
International custom generally refers to a description of State practice, but only such
practice as is accepted by the States themselves as legally required. In the context of
international law, State practice refers to the practice followed by a state’s sense of legal
obligation. It develops from a general and consistent practice of states followed by them
from a sense of legal obligation. Once a certain practice is understood to be customary
law, States are obliged to act as the rule of customary international law prescribes.

The test of the existence of a customary rule of law is the extent to which it is observed
in the practice and behaviour of states.

In nutshell, to determine the existence and content of a rule of particular customary
international, it is necessary to ascertain whether there is a general practice among the
states concerned that is accepted by them as law (opinion juris) among themselves.

39 Legal Aid means to give legal assistance to people with economic and other disability. U 8 1+1+1+1+
Under adversarial system, the legal process is complex with many formalities and paper 1

work and fees of the Advocate. If there is no provision for free legal aid that would keep
the people who cannot afford the legal assistance away from justice which can lead to
unrest in the society.

1. In 1973, in the second phase, the Union Government constituted a committee
under the chairmanship of Justice Krishna Iyer to develop a legal aid scheme for
states. The Committee devised a strategy in a decentralized mode with legal aid
committees in every district, state, and center. A committee on judicature was set
up under the chairmanship of Justice P N Bhagwati to implement the legal aid
scheme. This Committee suggested legal aid camps and nyayalayas in rural
areas and recommended the inclusion of free legal aid provisions in the
Constitution.

2. In 1976 India ratified ICCPR and as a result Article 39A was inserted as DPSP
in the Constitution that makes the state responsible to create new rules, laws and
other legislations to provide free legal aid to people with economic and other
disabilities
3. In 1980, the Committee on National Implementation of Legal Aid was constituted
with Justice Bhagwati as its head.
4. The Parliament enacted the Legal Services Authorities Act, 1987 to provide free
legal aid to certain categories of citizens.

40 CONFESSION ADMISSION U 4C 1+1+1+1+
1
1 Sections 24 to 30 of Indian Evidence Act 1. Sections 17 to 31 of Indian
deal with confession. A confession is only a Evidence Act deal with admission.
species of admission. Since the provisions relating to
confessions occur under the heading
“admission”, it follows that the word
“admission” is more comprehensive
and includes a confession also.

2. If a statement is made by a party charged 2. If a statement is made by a party in
with crime, in criminal proceedings it will be civil proceedings it will be called
called confession. admission.

3.The expression ‘Confession’ means a 3. The expression ‘Admission’ means
statement made by an accused admitting his “voluntary acknowledgment of the
guilt. Confession is a statement made by an existence or truth of a particular fact”.
accused person which is sought to be
proved against him in criminal proceedings
to establish the commission of an offence by
him.

4. If the Confession made is free and 4. Admissions are not conclusive
voluntary then it may be accepted as proof as to the matters admitted.
conclusive proof of the matters confessed.

5. Confessions always go against the person 5. Admissions may be used on behalf
making it. of the person making it.

6. By virtue of the provision in Section 30 the 6.In admission, statements of a co-
confession of an accused person is relevant plaintiff or those of a co-defendant
against all his co-accused who are being are no evidence against the others.
tried with him for the same offence.

OR

The meaning of doing an act intentionally in criminal law means something that is done
wilfully and not accidentally or mistakenly. The person doing the act is well aware of the
consequences or the outcomes of his action or omission. That is all that is required for
affixing criminal liability. It does not matter, as we say in ordinary language, whether an
act was done with good intent or bad intent. If the act which is prohibited (actus reus) is
done wilfully, knowingly or with awareness of the resulting consequences then the same

will cause liability in criminal law.Motive, on the other hand, is the ulterior objective
behind doing an act. It is the driving force behind intention or commission of an act. The
criminal law does not take into account motive in affixing criminal liability or in
determining criminal culpability. This is the reason why the criminal law does not care
whether one has stolen a loaf of bread to feed a starving person or stolen medicine to
save someone's life, as long as it is a prohibited act, done knowingly.
5
1. In Re Sreerangayee case (1973) 1 MLJ 231, the woman in sheer destitution and
impoverishment attempted to kill herself after failing in all the ways to arrange for
food for her starving children, but since she knowingly (mens rea) did a prohibitive
act of attempting suicide (actus reus), she was held guilty by the court
2. In Nathuni Yadav and Ors vs State of Bihar and another 1997 SC the Court held
that “Motive for doing a criminal act is generally a difficult area for prosecution.
One cannot normally see into the mind of another. Motive is the emotion which
impels a man to do a particular act. Such impelling causes need not necessarily
be proportionally grave to do grave crimes. Many a murder have been committed
without any known or prominent motive”. The Court further stated that Motive is
a psychological phenomenon. Merely because failing to translate the mental
state of the accused does not mean that no such mental condition existed in the
mind of the assailant. The motive for an offence need not be necessarily
proportionately grave to commit the grave offence. Therefore, establishing a
sufficient motive for committing the offence is not a prerequisite for conviction