List of top Legal Studies Questions on Criminal Law asked in CLAT PG

Vivian Bose, J., had observed that Section 106 of the Evidence Act is designed to meet certain exceptional cases in which it would be impossible for the prosecution to establish certain facts which are particularly within the knowledge of the accused. In Shambu Nath Mehra vs. The State of Ajmer (1956 SCR 199) the learned Judge has stated the legal principle thus: “This lays down the general rule that in a criminal case the burden of proof is on the prosecution and section 106 is designed to meet certain exceptional cases in which it would be impossible, or at any rate disproportionately difficult for the prosecution to establish facts which are ‘especially’ within the knowledge of the accused and which he could prove without difficulty or inconvenience. The word ‘especially’ underscores facts that are pre-eminently or exceptionally within the knowledge of the accused. It added, if the section were to be interpreted otherwise, it would lead to the very startling conclusion that in a murder case the burden lies on the accused to prove that he did not commit the murder because who could know better than him whether he did or did not.” It is evident that it cannot be the intention and Privy Council has twice refused to construe this section, as reproduced in certain other Acts outside India, to mean that the burden lies on the accused person to show that he did not commit the crime for which he is tried. These cases are Attygalle v. the King. 1936 PC 169 (AIR V 23) (A) and Seneviratne v. R, 1936-3 All ER 36 at p.49 (B). In case resting on circumstantial evidence, an accused person’s failure to provide a reasonable explanation as required by S. 106 could serve as an additional link in the chain of circumstances.
(Based on facts from State of West Bengal vs. Mir Mohammad Omar & Ors, AIR 2000SUPREME COURT 2988)

Dominic Ongwen, a former commander of the Lord’s Resistance Army (LRA) in Uganda, was convicted by the International Criminal Court (ICC) in February 2021. The case marked a significant milestone in international criminal law, focusing on issues of child soldiering, forced marriage, and sexual and gender-based violence. Ongwen was found guilty of 61 counts of crimes against humanity and war crimes, including murder, torture, enslavement, forced marriage, rape, and conscription of children under the age of 15 into armed groups. The ICC’s judgment emphasized the importance of accountability for leaders who exploit children in conflicts and commit sexual and gender-based crimes.
A critical aspect of the judgment was the consideration of Ongwen’s own history as a child soldier. Ongwen was abducted by the LRA at around the age of nine and was forced to commit atrocities as he rose through the ranks. The court balanced this background against the gravity of his crimes, ultimately ruling that his personal history did not absolve him of responsibility for his actions as an adult commander. The judgment is also notable for its comprehensive approach to reparations for victims. The ICC ordered collective reparations, including symbolic measures like memorials, physical and psychological rehabilitation, and financial compensation to support the victims and their communities. This case reinforces the ICC’s commitment to addressing serious international crimes, particularly those involving vulnerable populations such as children and women and underscores the principles of justice and reparation in international criminal law.
(This extract is taken from Prosecutor v. Dominic Ongwen (ICC, 2021))

“There is no gainsaying that an able bodied youthful Jawan when physically assaulted by his superior may be in a state of provocation. The gravity of such a provocation may be heightened if the physical beating was meant to force him to submit to unnatural carnal intercourse to satisfy the superior’s lust. The store room incident involving the appellant and the deceased is alleged to have taken place when the deceased had bolted the door of the store room to keep out any intruder from seeing what was happening inside. By any standard the act of a superior to humiliate and force his subordinate in a closed room to succumb to the lustful design of the former was a potent recipe for anyone placed in the appellant’s position to revolt and retaliate against the treatment being given to him. What may have happened inside the store room if the appellant had indeed revolted and retaliated against the unbecoming conduct of the deceased is a matter of conjecture. The appellant or any one in his position may have retaliated violently to the grave peril of his tormentor. The fact of the matter, however, is that the appellant appears to have borne the assault without any retaliation against the deceased-superior and somehow managed to escape from the room…All that the evidence proves is that after the said incident
the appellant was seen crying and depressed and when asked by his colleagues, he is said to have narrated his tale of humiliation at the hands of the deceased…. That appears to have happened in the present case also for the appellant’s version is that he and his colleagues had planned to avenge the humiliation by beating up the deceased in the evening when they all assemble near the water heating point. That apart, the appellant attended to his normal duty during the day time and after the evening dinner, went to perform his guard duty at 2100 hrs.”
[Extracted from B.D Khunte v. Union of India, Criminal Appeal No. 2328 of 2014, para 12-13].