Mumbai University Solved Question Papers
Law of Crimes
Previous Year Question Paper with Solution
LLB 3 years · Sem 2
Nov 2023 - 75/25 Examination
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LLB 3 years Sem 2 Law of Crimes Nov 2023 - 75/25 Question Paper with Solutions
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First published on munotes.in on 17 October 2026.
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Model answers written and edited by the munotes.in editorial desk.
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The University does not publish an official answer key for this paper. The answers in this volume are model answers, written to show how a full-mark answer is built. They are a study aid, not an authority on what an examiner marked.
The question paper reproduced here is the paper as set by the University of Mumbai at the Nov 2023 - 75/25 examination.
Contents
The questions below are the paper as the University of Mumbai set it at the Nov 2023 - 75/25 examination, in the order it was set.
MarksPage
MarksPage
The Paper as Set
The questions in this volume are the questions asked at the Nov 2023 - 75/25 examination, reproduced as the University of Mumbai set them, in the order it set them. Nothing has been reworded, added or left out. Only the answers are ours. See the original question paper.
Duration 2½ hours · Total marks 75 · 22 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.
SECTION I
Answer in not more than two sentences
Any six · , any 6 of 9 12 Marks
1.State the two theories of negligence.[2]
Answer
There are two theories of negligence, and they differ on a single question. Is negligence a state of mind, or is it a type of conduct?
1. The subjective theory. On this view negligence is a state of mind. It is the mental attitude of undue indifference to the consequences of one's conduct. The negligent man is the man who does not care, or who does not advert to a risk he ought to have adverted to. Negligence on this theory is the opposite of intention: the offender does not desire the result, and he does not even foresee it.
2. The objective theory. On this view negligence is not a state of mind at all but a kind of conduct. It is the failure to behave as a reasonable man would have behaved in the circumstances. The question is not what was going on in the offender's mind, but whether his conduct fell below the standard the law requires.
Which the Code follows. The Penal Code uses the words "rashly or negligently" in section 304A, now section 106 of the Bharatiya Nyaya Sanhita, 2023. Indian courts apply the objective standard of a reasonable man, but criminal liability needs more than civil negligence.
In Jacob Mathew v. State of Punjab, (2005) 6 SCC 1, the Supreme Court held that criminal negligence requires gross negligence. The simple lack of care that founds a civil claim is not enough.
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