CBSE Class 12 Sample Paper 2025 Solution for Legal Studies

Central Board of Secondary Education

SAMPLE PAPER
Class 12
2025

Solutions

MARKING SCHEME
LEGAL STUDIES
Code-074
CLASS XII
Academic Session 2024-25

S.No Expected Answers Marks

SECTION A

Ans 1 (C) Attorney General 1

Ans 2 (D) Introduction of lead free petrol in the country 1

Ans 3 (B) Both Assertion (A) and Reason (R) are true and Reason (R) is not the correct 1
explanation of Assertion (A)

Ans 4 (B) The contract is void because Suman is a minor. 1

Ans 5 (C) Mr. Gupta is liable for negligence as he breached his duty of care by storing 1
a hazardous substance in the basement.

Ans 6 (B) ‘quod approbo non reprobo’ 1

Ans 7 (D) A new coffee shop aims to protect its brand name and logo from being used 1
by others.

Ans 8 (B) Strict liability 1

Ans 9 (C) Tort of Assault 1

Ans 10 (C) When a property is under litigation, the doctrine ensures that if any right of 1
an immovable property is in question, such property cannot be transferred by any
party to the suit so as to affect the rights of any other party.

Ans 11 (C) Nita Industries Ltd. can ask for setting aside the arbitral award 1

Ans 12 (D) Cases involving the International mercantile community 1

Ans 13 (C) Head Constable 1

Ans 14 (C) Statement 1 is correct but statement 2 is not correct 1

Ans 15 (A) Both (A) and (R) are true and R is the correct explanation of A. 1

Ans 16 (D) Rashi hasn’t attained 21 years of age 1

1

Ans 17 (A) Both (A) and (R) are true and R is the correct explanation of A. 1

Ans 18 (C) The Award of Permanent Lok Adalat shall be final and deemed to be a 1
decree of a civil court.

Ans 19 (B) Bhuvan can be convicted solely based on Jaya's dying declaration, provided 1
the declaration is found to be true, voluntary and made in a fit state of mind.

Ans 20 (A) Both Statements are correct 1

SECTION B

Ans 21 (I) Regulators are specialized government agencies that oversee law and order 1+1
compliance in the relevant government sectors.
For example, one of the tribunals TDSAT functions alongside the regulator, TRAI
(Telecom Regulatory Authority of India) in formulating laws and policy for
resolving telecom disputes in India.
Or

(II) The Chief Justice of India is the senior most judge of the Supreme Court.
Seniority is determined on the basis of the date of their appointment to the
Supreme Court & if two Judges are appointed to the Court on the same day, the
Judge who takes the oath first is the Senior Judge.

Ans 22 (I) a) Deciding the solution 0.5+0.5
b) Ask the parties to adhere to his decision

(II). a) Civil suits 0.5+0.5
b) Compoundable criminal disputes

Ans 23 (I) Judicial decisions and the teachings of publicists are sometimes referred to as 2
‘secondary sources or evidence of international law.
The court may have jurisdiction to decide cases in which the parties agree to
appear before the court, on their own behest, and agree to be bound by the
decision of the ICJ. Article 59 of the Statute of the ICJ states that decisions of the
ICJ have no binding force except on the parties to the dispute, therefore, past
decisions of the ICJ are not binding.

However, ICJ does refer to its past opinions when deciding new cases. The ICJ
tends to examine its previous decisions, determine which cases should not be
applied and rarely departs from the relevant case law.
Also, Article 38 of the Statute of the International Court of Justice (ICJ) mentions
Judicial decisions as a ‘subsidiary means for the determination of rules of law.’

Or

2

(II) Customary international law is comprised of two elements:
(a) consistent and general international practice by states - it is the widespread
repetition of similar international acts over time by states (State practice) and
(b) 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 customary law is probably the most disputed source of
international law. For example, it is not clear when a particular State practice
becomes a legally binding State practice. It is also unclear how one can
identify a rule of international custom, or how one can prove its existence.

Ans 24 (I) The issue of allowing advertising and solicitation by lawyers requires 2
balancing the interest of the public which includes getting information on legal
rights and services through advertisements and enhancement of access to
justice and the legal profession on one hand and the possible misuse of
advertising techniques by lawyers which may lead to a loss of credibility of
the profession as a whole.
Or

(II) Judge Advocate General is the legal and judicial chief of the army and 1+0.5
advises the Chief of the Army Staff on legal matters. +0.5

a) The JAG’s Department is also responsible for emerging fields of military law
such as those related to cyber laws, space laws, terrorism and human rights
violations.
b) It deals with military related disciplinary cases and litigation and assists in
providing legal assistance to the army in human rights matters and the rule
of law among other things.
c) The service rendered in the JAG’s Department are considered to be judicial
service as per the regulations for the Indian Army.
d) (Any two)

Ans 25 These days, the number of litigations is increasing day by day, which is against 2
the smooth administration of justice. So far, emphasis was given only on post-
litigation assistance or help. Now, it is being realised that pre-litigation legal
services are more useful than post-litigation legal services.

The pre-litigation legal services include; Legal education, Legal advice, Legal
awareness, and Pre-litigation settlement.

Post Litigation services include all those services that are required to be rendered
by an Advocate to his client. These services should be resorted only when pre-
litigation services fail to give any result.

3

Ans 26 I. An agreement is the result of a proposal or an offer by one party and its 2
acceptance by the other.
II. Competent parties: the parties to the agreement must be competent to enter
into a contract.
III. Lawful consideration and lawful object: There must be lawful object and
lawful consideration in respect of the agreement.
IV. Free consent: there must be free consent of the parties that is free from
coercion, undue influence, fraud, misrepresentation and mistake, when they
enter into the agreement.
V. Not expressly declared as void by the law: the agreement must not be the
one, which has been declared as void by the law in force at the time of
entering into the agreement.
(Mention any four)

Ans 27 Tamil, Telugu, Gujarati speaking people living in Delhi are linguistic and cultural 1+1
minorities. They are afforded protection under Article 29 and 30 of the Indian
Constitution.

I. Any minority group having a distinct language, script or culture of its own
shall have the right to conserve the same. No citizen shall be denied
admission into any educational institution maintained by the State or
receiving aid out of State funds on grounds only of religion, race, caste,
language or any of them.
II. All Minorities, whether based on religion or language, have the right to
establish and administer educational institutions of their choice. In making
any law providing for the compulsory acquisition of any property of an
educational institution established and administered by a minority

Ans 28 Fundamental Rights are justiciable rights. They are enforceable, as every 2
individual has the right to seek help from courts if they are violated.
Encroachment or violation of Fundamental Rights in our day-to-day life is a matter
of great concern. This is why our Constitution does not permit the legislature and
the executive to curb these rights. It provides legal remedies for the protection of
our Fundamental Rights.
When any of our rights are violated, we can seek justice through courts. We can
directly approach the Supreme Court that can issue directions, orders or writs for
the enforcement of Fundamental Rights.

SECTION C

Ans 29 (I) Amicus Curiae literally translated from Latin is “friend of the court”. 1+

If a petition is received from the jail or in any other criminal matter if the accused
is unrepresented then an Advocate is appointed as amicus curiae by the Court 1+1
to defend and argue the case of the accused.

4

In civil matters also the Court can appoint an Advocate as amicus curiae if it thinks
it necessary in case of an unrepresented party; the Court can also appoint amicus
curiae in any matter of general public importance or in which the interest of the
public at large is involved.

Or
(II)
a) The judge-population ratio in India is among the lowest in the world. It is also
necessary to increase the number of judges in the pool to enable the
judiciary to deal with the enormous pendency of cases. 1+1+1
b) Moreover, legislations provide for retired High Court and Supreme Court
judges to man tribunals till the age of 70 as chairman and 65 as members.
There is no reason why these judges should be retired so early.

c) One aspect which has not been factored in is that as the Indian economy
grows, the ratio of litigation to population will increase exponentially.
Advanced economies such as Australia, Canada, France, the U.S., the U.K.,
and Japan have much higher litigation-to- population ratios.

d) Several senior lawyers with requisite expertise and experience decline to
accept judge-ship due to the lower retirement age of 62, especially in the
High Courts. By an enhanced age, this problem could be rectified as
advocates would have greater incentive to forgo their individual legal
practice and function in the role of judges.

e) Further, the relatively early retirement age in India is often linked to the
declining quality of judicial service and the inability of a judge to properly
effectuate the stipulated judicial workload.

Ans 30 (I) 1+1+1
Arbitration Mediation

Arbitration is a private arrangement of Mediation is a method of ADR in
taking disputes to a less adversarial, which parties appoint a neutral third
less formal and more flexible forum party who facilitates the mediation
and abiding the judgment of a process in order to assist the parties
selected person in achieving an acceptable, voluntary
agreement.

Role of an arbitrator is that of an Role of a mediator is that of a
adjudicator facilitator

Arbitration proceedings end with a Mediation proceedings are
binding award by the arbitrator successful when the disputing
parties mutually arrive at a decision.
Mediator does not suggest any
solution to the parties

5

Or

(II)

a) The lack of number of courts and judges creates an in adequacy with in
the justice delivery system;
b) The increasing litigation in India due to increasing population, the
complexity of laws and obsolete continuation of some pre-existing legal
statutes;
c) The increasing cost of litigation in prosecuting or defending a case,
increasing court fees, lawyer’s fees and incidental expenses;
d) Delay in disposal of cases resulting in huge pendency in all the courts. 2+1

The ADR techniques are a speedier, informal and cheaper mode of dispensing
justice when compared to the conventional judicial procedure.

Ans 31 I. No, his action is against the professional ethics laid down by the Bar 1+1+1
Council of India.
II. State Bar Council of UP
III. Breach of these rules and standards of conduct lead to disciplinary action
against advocates which may result in suspension or debarment.

Ans 32 I. Sale- Mr. Singh has transferred his piece of land to Mrs. Jolly by Sale. 1+1+1

Sale means a transfer of ownership (right to possess something) of the
property in exchange for a price (money) [Section 54 of the TPA].

II. Exchange - Uday and Lalita have transferred their respective properties to
each other by Exchange.
When two persons transfer ownership of one thing for the ownership of
another, it is called exchange [Section 118 of the TPA]. Transfer of property
by exchange can be made only by way of sale. The rights and liabilities of
the parties to exchange shall be that of the rights and liabilities of the buyer
to the extent of receiving and that of the seller to the extent of giving.

III. Gift - Priyanka has given inherited jewelry as a Gift to her daughter, Malti.
A transfer of ownership of property that is made voluntarily and without
consideration is called Gift [Section 122 of the TPA].

Ans 33 (I) In the wake of the Bhopal Tragedy, the Government of India enacted the 1+
Environment Protection Act of 1986 under Article 253 of the Constitution.

a) The purpose of the Act is to implement the decisions of the United Nations
Conference on the Human Environment, relating to the protection and 2
improvement of the human environment and the prevention of hazards of
human activities for economic development to human beings, other living
creatures, plants and property.

6

b) The Act is an “umbrella” legislation designed to provide a framework for
the central government to coordinate the activities of various central and
state authorities established under previous laws, such as the Water Act
and the Air Act.
Or
(II) The State Pollution Control Board is a statutory organisation established
under the Water (Prevention and Control of Pollution) Act 1974.
Objectives: 1+1+1

a) Preservation of natural resources
b) Promotion of sustainable development for economic growth of the nation
along with environmental protection and social equity.
c) Effective waste management for the protection of the environment.
d) Spreading Awareness about the protection of the environment among
the consumers
e) Encouraging the general public for the use of environment-friendly
products like paper bags, public transport, CFL, etc. to help reduce the
environmental pollution
(Any two)
Functions:
a) Issue NOC (No-Objection Certificates) from the perspective of the
environmental pollution, including the adequacy of the site from the
environmental angle.
b) Assessment of quality ambient air.
c) Assessment of inland surface waters’ quality
d) Assessment and Identification of municipal and industrial pollution
sources and control.
e) Conducting Mass Awareness Programmes.
f) Development of Pollution Control technologies.
g) Notification of emission and effluent standards.
h) Instituting legal action against defaulters.
(Any two)

Ans 34 Human rights are basic rights that we have because we exist as human beings. 1+2
These are not granted by any state. Human rights belong to all human beings
irrespective of their nationality, race, caste, creed, gender, etc. All individuals
enjoy the same human rights, without any discrimination. Human rights are
safeguards that a human being seeks to live with dignity and equality. Therefore,
human rights are universal and inalienable rights.

The principle of universality of human rights means that we are all equally entitled
to our human rights. Human rights are inalienable; therefore, these should not be
taken away, except in specific situations and according to due process.
For instance, the right to liberty may be restricted if a person is found guilty of a
crime by a court of law.

A few examples of human rights are those basic rights that ensure fairness,
equality, freedom, and respect to all people. These rights abolish various unjust
practices like exploitation, discrimination, and inequality.

7

Human rights include most fundamental rights like the right to life, rights to food,
education, work, health, liberty, etc.

Fundamental Rights are basic rights of the citizens of a country. Fundamental
Rights are enshrined in the Constitution and they are enforceable in the court of
law. If there is any kind of violation of fundamental rights, one can approach the
court for the protection of such rights.

Ans 35 I. NCPCR (National Commission for Protection of Child Rights) 1+
II. Functions: 0.5*4
a) Examine and review the safeguards provided by or under any law for the
time being in force for the protection of child rights and recommend
measures for their effective implementation;
b) Present to be central government, annually and at such other intervals, as
the commission may deem fit, reports upon working of those safeguards;
c) Inquire into violation of child rights and recommend initiation of
proceedings in such cases;
d) Examine all factors that inhibit the enjoyment of rights of children affected
by terrorism, communal violence, riots, natural disaster, domestic
violence, HIV/AIDS, trafficking, maltreatment, torture and exploitation,
pornography and prostitution and recommend appropriate remedial
measures;
e) Look into the matters relating to the children in need of special care and
protection including children in distress, marginalized and disadvantaged
children, children in conflict with law, juveniles, children without family and
children of prisoners and recommend appropriate remedial measures;
f) Study treaties and other international instruments and undertake
periodical review of existing policies, programmes and other activities on
child rights and make recommendations for their effective implementation
in the best interest of children;

Ans 36 I. No. Patent is a statutory right for an invention granted for a limited period 1(0.5+
to the patentee by the Government, in exchange for full disclosure of his 0.5) +2
invention for excluding others, from making, using, selling, or importing the
patented product or process for producing that product for those purposes
without his consent.
II. The requirements fulfilled by the Povartis Company to qualify their idea as
patentable matter are:
a) Novelty – the invention must contain one or more unique and new
elements;
b) Non-obviousness - Simple or obvious changes to an existing invention
cannot be called an invention. The invention must be a notable change in
the field. The particular feature must add to existing technical knowledge
that is, in terms of uniqueness and commercial viability; and
c) Industrial application - The invention must have some utility. The invention
is patentable if it is capable of commercialization.

8

SECTION D

Ans 37 (I) a) According to Section 2(h) of the Indian Contract Act, 1872, an agreement 5
that is enforceable by law is a contract.

b) Types of Contract based on the validity and enforceability of contracts are:
Valid Contract; Void Contract; Voidable Contract; Illegal Contract; and
Unenforceable Contract (explain any four).

Valid Contract- According to the Indian Contract Act, 1872, an agreement that is
enforceable by law is a contract [Section 2(h)]. A valid contract is a legally binding
agreement between two or more parties that is enforceable by law. This implies,
all agreements per se are not contracts.

Void Contract- A contract which ceases to be enforceable by law becomes void.

Voidable Contract- It is a contract that may either be affirmed or rejected at the
option of one of the parties to the contract on grounds of coercion, undue
influence, fraud or misrepresentation.

Illegal Contract

According to section 10 ICA, a contract must be made for a lawful consideration
and lawful object. If either the consideration or the object is an action or omission
prohibited by law, it results in an illegal contract.

Unenforceable Contract

An unenforceable contract is a contract that may have the essential elements of
a valid agreement, but cannot be enforced by one or more of the parties in a court
of law. This can happen for several reasons, such as

a) Lack of Capacity: due to age (minors), mental disability, or intoxication, the
contract can be considered unenforceable.
b) Lack of Consent: If the agreement was entered into under duress, fraud,
undue influence, or misrepresentation, it might be deemed unenforceable
because the consent was not freely given.

Or
(II)
a) Intellectual property is an intangible property that comes into existence
through human intellect. It refers to the creation of the mind or products of
human intelligence such as inventions, designs, artistic work, names,
symbols, images etc.

b)

1. The Paris Convention for the Protection of Industrial Properties
i. National Treatment In the context of legal protection for industrial property,
the principle of National Treatment requires each member country of the

9

Paris Convention to provide equal legal protection for the inventions of
nationals from other member countries, as it would for its own nationals.
ii. Framework of Priority The Paris Convention also upholds the principle of
“priority framework,” allowing an inventor to protect their invention
simultaneously in various countries.

2. The Berne Convention for the Protection of Literary and Artistic Works
i. National Treatment Stipulated that any work originating in a contracting
state, including works of authors who are nationals of that state or works
first published in that state, should receive the same legal protection in
every other contracting state as the latter state grants to its own nationals.
ii. Automatic Protection Mandated that legal protection should not be subject
to compliance with any formalities.
iii. Independence of Protection decreed that legal protection should be
independent of the existence of protection in the country of origin of the
work.

3. The Universal Copyright Convention (UCC)
i. National Treatment The UCC adheres to the principle of national
treatment rather than automatic protection, which implies that contracting
countries are not obligated to provide foreign works with automatic
protection if the national requirements are not met.
ii. The term of the Work Under the UCC, original literary, artistic, and
scientific works are eligible for protection. To provide reasonable notice of
the copyright claim, a copyright notice should accompany the work. The
UCC stipulates that protection for a work lasts for the duration of the
author’s lifetime and an additional 25 years following the author’s death.
iii. Minimum Rights As per the UCC’s provisions, the contracting countries
must provide a specific set of “minimum rights” to the lawful owner of the
work, provided they do not create any conflict with the “spirit” of the
convention.

Ans 38 (I) 5
a) The legal services institution is vested with the authority to invite
applications from legal practitioners with requisite professional experience
to indicate the types of cases as they may be entrusted with. The panel
shall be prepared by the Executive Chairman of the legal service
institution in consultation with the Attorney-General (for Supreme Court),
Advocate-General (for High Courts), Government Pleader (for
districts/Taluks), and the Bar Association President.
b) The legal practitioner shall have three years or more of experience at the
bar for being considered for empanelment. Personal traits like
competence, integrity, suitability, and experience shall be considered.
c) Separate panels shall be maintained for different types of cases.
d) The Regulations also provide for retainer lawyers.
e) The Panel has to be reconstituted every three years without disturbing the
work of panel lawyers already representing ongoing cases. In such cases
where the panel lawyer wishes to withdraw from a case entrusted to him
shall communicate this to the Member Secretary and the latter may permit
him to do so.

10

Or

(II)
a) The 14th Law Commission of India Report on Reform of Judicial
Administration, 1958 mooted the idea of providing free legal aid to the poor
by the State. The Report highlighted the responsibility of the legal
community to administer legal aid schemes and the State to fund legal
representation to the accused in criminal proceedings, appeals, and jails.
b) In 1960, the Union Government initiated the National Legal Aid Scheme
which faced financial shortages and died a natural death.
c) 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.
d) In 1980, a committee was constituted at the national level to oversee and
supervise legal aid programmes throughout the country under the
Chairmanship of Justice P.N. Bhagwati, then a Judge of the Supreme
Court of India. This Committee came to be known as CILAS (Committee
for Implementing Legal Aid Schemes) and started monitoring legal aid
activities throughout the country.
e) In 1987, the Legal Services Authorities Act was enacted to give a statutory
base to legal aid programs throughout the country on a uniform pattern.
Subsequently, the Parliament enacted the Legal Services Authorities Act,
1987 to provide free legal aid to certain categories of citizens.

Ans 39 I. Public International Law. 1+1+3
II. The World Trade Organisation (WTO).
a) The World Trade Organization (WTO) is the only global international
organization dealing with the rules of trade between nations.
b) It is an intergovernmental organization that regulates and facilitates
international trade.
c) At its heart are the WTO agreements, negotiated and signed by the bulk
of the world's trading nations and ratified in their parliaments.
d) The goal is to help producers of goods and services, exporters, and
importers conduct their business.
e) It is a forum for governments to negotiate trade agreements. It is a place
for them to settle trade disputes.
f) WTO is a place where member governments try to sort out the trade
problems they face with each other.

11

Ans 40 I. Partnership firm 1+2+2
II. The Nature and Essential Characteristics of Partnership Firms
a) No separate entity - A partnership firm has no separate legal existence
of its own i.e., the partnership firm and the partners are the same in the
eyes of law.
b) Unlimited liability: Partners are jointly and severally liable for the liabilities
of the firm.
c) Profit: Partners share profits in a mutually agreed ratio.
d) Liability: i) Unlimited liability ii) Partners are jointly and severally liable for
the liabilities of the firm
e) Control & decision making: Partners enjoy shared responsibility amongst
each other. This may sometimes raise conflicts in decision making.
III. Importance of a Written Agreement
The Indian Partnership Act does not mandate the partnership agreement to
be in writing. However, having a written partnership deed is considered best
practice for avoiding disputes.
Given the absence of a written agreement between Ravi and Deepa, there
should be an equal sharing of profits and losses unless there's proof of an
agreement to the contrary. This default position is a protective measure but
can lead to disputes when partners have different expectations.

12

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