KSLU Solved Question Papers
Legal Methods
Previous Year Question Paper with Solution
B.A. LL.B. (Five Years) · Sem 1
2016 Dec Examination
munotes.in
Mumbai
B.A. LL.B. (Five Years) Sem 1 Legal Methods 2016 Dec Question Paper with Solutions
First published on munotes.in on 21 October 2026.
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The question paper reproduced here is the paper as set by Karnataka State Law University at the 2016 Dec examination.
Contents
The questions below are the paper as Karnataka State Law University set it at the 2016 Dec examination, in the order it was set.
MarksPage
The Paper as Set
The questions in this volume are the questions asked at the 2016 Dec examination, reproduced as Karnataka State Law University set them, in the order it set them. Long reading passages are shortened to their first and last lines and our summary; the original paper prints them in full. Only the answers are ours. See the original question paper.
Duration 3 hours · Total marks 100 · 13 questions answered
How to use this volume
Solve the paper first, under exam conditions and against the clock. Then read the answers here and mark your own. Reading a solution before attempting the question feels productive and teaches very little, because recognising an answer is not the same as being able to write one.
Q1What is law ? Distinguish between civil and criminal law.[16]
Answer
For full marks, cover: Part A: what law is (the word's senses; the definitions of Austin, Holland, Salmond, Holmes and Pound, each analysed; Art. 13(3)(a); the common features). Part B: civil and criminal law (the meanings of "civil law"; Salmond's test; the differences point by point; the same act as both, with NEPC and Swaroopa Rani; the bridge in BNSS s.395); a table; a conclusion.
Part A: What is law
The senses of the word. "Law" is used for many things. Scientists speak of the law of gravitation, which describes what happens and cannot be broken. Moralists speak of the moral law. In its legal sense, law is the body of rules that the State makes or recognises and enforces through its courts. It tells people what they must do, must not do and may do.
Austin. John Austin defined law as a command of the sovereign, backed by a sanction. The sovereign is the person or body that the bulk of society habitually obeys, and that obeys no one else. Analysis. The definition is clear and separates law from morality. But it fits poorly a State like India, where the legislature is itself limited by the Constitution. It also cannot explain custom, which nobody commanded.
Holland. Holland defined law as "a general rule of external human action enforced by a sovereign political authority". Analysis. The word "external" shows that law governs acts, not thoughts. "General" shows that law applies to classes of people. But Holland shares Austin's focus on the sovereign.
Salmond. Salmond described law as the body of principles recognised and applied by the State in the administration of justice. Analysis. This explains why custom and precedent are law: courts apply them. But a statute is law from its commencement, before any court applies it.
Holmes. Holmes wrote that the prophecies of what the courts will do in fact are what he meant by the law. Analysis. This is the practising lawyer's view, and it reminds us that law in action may differ from law in books. But a judge deciding a case does not predict his own decision.
Pound. Roscoe Pound saw law as "a social institution to satisfy social wants", and its history as "a continually more efficacious social engineering". Analysis. Pound explains what law is for, though not what makes a rule law.
The Indian definition. Article 13(3)(a) of the Constitution says "law" includes "any Ordinance, order, bye-law, rule, regulation, notification, custom or usage having in the territory of India the force of law". It covers far more than Acts of Parliament.
The common features. Law consists of general rules of conduct, made or recognised by the State. It binds everyone within its reach, is enforced by courts with sanctions, and aims at order with justice.
Why the definition matters. The choice of definition can decide real cases. In A.K. Gopalan v. State of Madras, 1950 AIR 27, the majority held that "law" in Article 21 meant "State-made law", and a detention without trial stood. In Maneka Gandhi v. Union of India, (1978) 1 SCC 248, the Supreme Court held that the procedure must be "right and just and fair". A purely positivist definition gave way to one that includes fairness.
Part B: Civil law and criminal law
The meanings of "civil law". The phrase has more than one meaning. It may mean the law of a State, as opposed to international law. It may mean the legal systems based on Roman law, as in France and Germany. Here it means the part of the law that is not criminal: the law of contract, tort, property, family and succession.
Salmond's test. The difference lies not in the act but in what the law does about it. Civil justice "consists in the enforcement of rights", criminal justice "in the punishment of wrongs". In a civil case "the plaintiff claims a right". In a criminal case "the prosecutor claims no right, but accuses the defendant of a wrong. He is not a claimant but an accuser."
The differences
1. Nature of the wrong. A crime is a public wrong, harming society as a whole. A civil wrong is a private wrong, harming an individual.
2. Who brings the case. The State prosecutes a crime through the police and the public prosecutor, and the case is titled "State v. the accused". The injured person files a civil suit.
3. Purpose. Criminal law aims at punishment, deterrence and reform. Civil law aims at compensation and restoring the injured person.
4. The law applied. Crimes are defined mainly in the Bharatiya Nyaya Sanhita 2023. Civil rights and duties are found in the Indian Contract Act 1872 and the law of torts. They are also found in the Transfer of Property Act 1882 and the personal laws.
5. Procedure and courts. Criminal cases are tried under the Bharatiya Nagarik Suraksha Sanhita 2023, by Magistrates and Courts of Session. Civil cases are tried under the Code of Civil Procedure 1908, by civil courts. Section 9 of the CPC gives them jurisdiction to try "all suits of a civil nature" unless barred.
6. Standard of proof. A crime must be proved beyond reasonable doubt. A civil claim is decided on the preponderance of evidence. In P. Swaroopa Rani v. M. Hari Narayana, (2008) 5 SCC 765, the Supreme Court quoted the rule: "Civil cases are decided on the basis of preponderance of evidence while in a criminal case the entire burden lies on the prosecution and proof beyond reasonable doubt has to be given."
7. Settlement. A civil claimant may settle or withdraw at will. A criminal case belongs to the State. Section 359(9) of the BNSS says: "No offence shall be compounded except as provided by this section."
8. Result. A criminal case ends in conviction and sentence, or acquittal. A civil case ends in a decree for damages, an injunction or other relief.
9. Death of a party. A prosecution generally ends with the death of the accused. Many civil claims survive and may be pursued by or against the legal representatives.
The same act can be both
Salmond wrote: "The same act may be both a civil injury and a crime, both forms of legal remedy being available." A person who assaults another may be prosecuted for causing hurt and also sued for damages.
Indian Oil Corporation v. NEPC India Ltd., (2006) 6 SCC 736. NEPC owed Indian Oil large sums for aircraft fuel, and engines were allegedly removed from aircraft given as security. Indian Oil filed civil suits and criminal complaints. The Supreme Court held that a set of facts may make out "purely a civil wrong", "purely a criminal offence", or both. It condemned "a growing tendency in business circles to convert purely civil disputes into criminal cases".
Swaroopa Rani also shows the two running side by side. In a dispute over the sale of a cinema, a receipt was found to be forged. The Court held that civil and criminal proceedings can proceed simultaneously, each with its own standard of proof.
The bridge in the BNSS
Under section 395(1)(b) of the BNSS, a criminal court that imposes a fine may order it to be used "in the payment to any person of compensation for any loss or injury caused by the offence". A victim may thus obtain some compensation without a separate civil suit.
| Point | Criminal law | Civil law |
|---|---|---|
| Nature | Public wrong | Private wrong |
| Case brought by | State | Injured person |
| Aim | Punishment | Compensation |
| Main law | BNS 2023 | Contract Act, torts, property, family law |
| Procedure | BNSS 2023 | CPC 1908 |
| Proof | Beyond reasonable doubt | Preponderance of evidence |
| Point | Criminal law | Civil law |
|---|---|---|
| Settlement | Only as BNSS s.359 permits | Freely |
| Result | Conviction or acquittal | Decree |
Conclusion. Law is the body of general rules made or recognised by the State and enforced by its courts. Austin, Holland, Salmond, Holmes and Pound each capture part of it, and Article 13(3)(a) gives India's working definition. Within it, criminal law punishes public wrongs at the instance of the State. Civil law enforces private rights at the instance of the injured person. They differ in purpose, procedure, proof, settlement and result. Yet one act can be both, as NEPC and Swaroopa Rani show.
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