Mumbai University Solved Question Papers
Criminal Jurisprudence
Previous Year Question Paper with Solution
LLM · Group 5 Criminal Law and Criminal Administration
2022 Examination
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LLM Group 5 Criminal Law and Criminal Administration Criminal Jurisprudence 2022 Question Paper with Solutions
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First published on munotes.in on 13 August 2026.
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The question paper reproduced here is the paper as set by the University of Mumbai at the 2022 examination.
Contents
The questions below are the paper as the University of Mumbai set it at the 2022 examination, in the order it was set.
MarksPage
MarksPage
MarksPage
The Paper as Set
The questions in this volume are the questions asked at the 2022 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 3½ hours · Total marks 100 · 34 questions answered
Instructions printed on the paper
- Please check whether you have got the right question paper
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
Part A, Short Questions, of the paper sat 02 June 2022, bilingual. Write short notes, each question carries three marks
any ten of fifteen · 30 Marks
1.What is Presumption of Innocence?[3]
Answer
For full marks, cover: three marks, so a tight note. Say what the presumption allocates, name the golden thread case, give its constitutional home in India, and name one reverse-onus statute so the examiner sees you know it is not absolute.
The presumption of innocence is the rule that a person accused of an offence is to be treated as innocent until the prosecution proves his guilt beyond reasonable doubt. It is not a prediction about accused persons; it is a decision about who bears the risk of a mistake. Every trial can err in two directions, by convicting the innocent or by acquitting the guilty, and the presumption instructs the court to prefer the second error to the first.
Woolmington v. Director of Public Prosecutions, [1935] AC 462, is its classical statement. The accused shot his estranged wife and said the gun had gone off accidentally. The trial judge directed the jury that once the killing was proved, malice was presumed and the accused had to show excuse. The House of Lords quashed the conviction, Viscount Sankey LC saying that throughout the web of the English criminal law one golden thread is always to be seen, that it is the duty of the prosecution to prove the prisoner's guilt, subject to the defence of insanity and to any statutory exception.
In India the presumption has no separate article. It has been read into the fair-trial content of Article 21, and it is an international obligation under Article 11(1) of the Universal Declaration of Human Rights and Article 14(2) of the International Covenant on Civil and Political Rights.
It is not absolute. Noor Aga v. State of Punjab, (2008) 16 SCC 417, described it as a human right which cannot per se be equated with the fundamental right under Article 21, and upheld the reverse-onus provisions of the Narcotic Drugs and Psychotropic Substances Act, 1985, while holding that the prosecution must first prove the foundational facts and that the accused's burden thereafter is only a preponderance of probabilities.
Conclusion. The presumption of innocence places on the State the whole burden of proving guilt beyond reasonable doubt, as Woolmington holds and Article 21 secures, and where a statute reverses that burden the courts preserve its substance by requiring the foundational facts to be proved first.
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