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LLB 3 years Sem 6 Law and Medicine Jun 2018 Question Paper with Solutions

Mumbai University Solved Question Papers

Law and Medicine

Previous Year Question Paper with Solution

LLB 3 years · Sem 6

Jun 2018 Examination

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Mumbai

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First published on munotes.in on 24 October 2026.

Published by munotes.in, Mumbai.

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 Jun 2018 examination.

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The Paper as Set

The questions in this volume are the questions asked at the Jun 2018 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 3 hours  ·  Total marks 100  ·  25 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.

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Q.1

Q.1: Answer the following in not more than two sentences

20 Marks - 2 marks each

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(a)Define "brain stem death" under TOHO Act, 1994?[2]

Answer

Brain-stem death, often called brain death, is defined in section 2(d) of the Transplantation of Human Organs and Tissues Act, 1994. It means "the stage at which all functions of the brain-stem have permanently and irreversibly ceased and is so certified under sub-section (6) of section 3". The brain-stem controls breathing and the basic reflexes, so a person whose brain-stem has died cannot live without a ventilator.

The definition has two parts: the medical fact, and its certification. Under section 3(6) the death must be certified by a Board of four doctors. They are the doctor in charge of the hospital, the treating doctor, an independent specialist, and a neurologist or neurosurgeon. The last two are chosen from a panel approved by the Appropriate Authority. Under Form 10 of the 2014 Rules, the Board first rules out reversible causes such as drugs or hypothermia. It then tests the brain-stem reflexes and breathing twice, about six hours apart in an adult.

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Once certified, the person is a "deceased person" under section 2(e), and his organs may be removed with lawful authority. Brain-stem death is not a vegetative state. In Aruna Ramchandra Shanbaug v. Union of India, (2011) 4 SCC 454, the Supreme Court held that the patient was alive, because her brain-stem still worked.

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