Unit I · Topic 7Concept of liability – Previous Year Questions

13 previous year questions on Concept of liability from UGC NET Law papers (2009–2025), including 2 match-the-list, 1 statement-based questions. The correct option is marked in green.

Questions

13 questions

2009

In which of the following cases the jurisprudential basis of the principle to award compensation for violating Human Rights has been laid down by the Supreme Court?

  1. (a)Konda Reddy v. State
  2. (b)Ratlam Municipality v. Verdhichand
  3. (c)Visakha v. State of Rajasthan
  4. (d)Nilabhati Behra v. State of Orissa✓
Answer & explanation

Ans. (d) : Nilabhati Behra v. State of Orissa

Explanation: In Nilabhati Behra v. State of Orissa (1993), the Supreme Court directed that persons who are victims of unlawful arrest or unlawful detention should be compensated by the state as a remedy for violation of their legal rights. The case of Visakha v. State of Rajasthan is related to sexual harassment of women at the workplace.

2011

There are ______ theories of punishment.

  1. (a)Two
  2. (b)Three
  3. (c)Four
  4. (d)Five✓
Answer & explanation

Ans. (d) : Five

Explanation: There are five theories of punishment — (1) Deterrent theory (2) Retributive theory (3) Expiatory theory (4) Preventive theory (5) Reformative theory

2011

Expiatory Theory of Punishment is linked with the following:

  1. (a)Preventive Theory
  2. (b)Reformative Theory
  3. (c)Retributive Theory✓
  4. (d)Deterrent Theory
Answer & explanation

Ans. (c) : Retributive Theory

Explanation: For the purpose of criminal justice administration, Salmond propounded the following five theories of punishment — (1) Deterrent (2) Retributive (3) Expiatory theory (4) Preventive (5) Reformative

2013Match the lists

Match List-I with List-II and select the correct answer using the codes given below:

List-I (Theory) — List-II (Subject)

A. Retributive Theory — 1. Legal Right B. Sociological Theory — 2. Source of Law C. Theory of Precedent — 3. Punishment D. Theory of Property — 4. Roscoe Pound

Codes:

  1. (a)A-1, B-4, C-3, D-2
  2. (b)A-3, B-4, C-2, D-1✓
  3. (c)A-3, B-2, C-1, D-4
  4. (d)A-4, B-3, C-1, D-2
Answer & explanation

Ans. (b) : A-3, B-4, C-2, D-1

Explanation: Retributive theory — Punishment Sociological theory — Roscoe Pound (was American) Theory of Precedent — Source of Law Theory of Property — Legal Right

2013

Under how many categories the five theories of punishment can be divided?

  1. (a)2
  2. (b)4
  3. (c)5
  4. (d)3✓
Answer & explanation

Ans. (d) : 3

Explanation: The five theories of punishment can be divided into 3 categories. Punishment genus is the only root (mool) and punishment is one type of it. Five theories are — (1) Deterrent theory (2) Retributive theory (3) Expiatory theory (4) Preventive theory (5) Reformative theory

2016

Which one of the following is not a theory of punishment?

  1. (a)Preventive theory
  2. (b)Reformative theory
  3. (c)Concession theory✓
  4. (d)Deterrent theory
Answer & explanation

Ans. (c) : Concession theory

Explanation: Salmond propounded the following theories of punishment — (i) Deterrent Theory (ii) Retributive Theory (iii) Expiatory Theory (iv) Preventive Theory (v) Reformative Theory Concession theory is associated with corporate personality.

2016

Which one of the following theories of punishment studies the psychology of the criminal and takes the punishment as a social end?

  1. (a)Preventive
  2. (b)Deterrent
  3. (c)Reformative✓
  4. (d)Retributive
Answer & explanation

Ans. (c) : Reformative

Explanation: Preventive theory — According to this theory, imprisoning the criminal and making him disinclined towards crime is considered the best means of prevention of crime. Deterrent theory — According to this theory, the most stringent punishment should be given to the criminal to deter him from crime. Creating fear of punishment in the minds of men is considered the best punitive principle for prevention of crime. Reformative theory — This theory studies the psychology of the criminal and takes the punishment as a social end. Retributive theory — This is also called the revenge theory. This theory is based on the feeling of revenge or retaliation. According to this theory, the criminal should be punished in proportion to his crime.

2018

Which theory of punishment is based on the humanistic principle that even if an offender commits a crime, he does not cease to be a human being?

  1. (a)Preventing Theory
  2. (b)Retributive Theory
  3. (c)Reformative Theory✓
  4. (d)Deterrent Theory
Answer & explanation

Ans. (c) : According to the Reformative Theory, the legal purpose of punishment is to reform the character of the offender so that he thinks of doing the right thing. The supporter of this theory is Ihering. According to this theory, emphasis should be placed on reform rather than punishing offenders.

2019

The liability has been defined as 'the bond of necessity that exists between the wrongdoer and the remedy of the wrong' by

  1. (a)Austin
  2. (b)Bentham
  3. (c)Salmond✓
  4. (d)Holland
Answer & explanation

Ans. (c) : Salmond is associated with the analytical school and supported Austin's statement. Salmond said that liability has been defined as the bond of necessity that exists between the wrongdoer and the remedy of the wrong.

2019Statements

Which of the following statements is not correct in regard to distinction between Civil and Criminal liability?

  1. (a)Civil liability arises when a wrong is against a private individual but Criminal liability arises in case of offence which is a wrong against the society
  2. (b)Civil liability entails punishment whereas criminal liability results into damages✓
  3. (c)The procedure for determining Civil and Criminal liability is different
  4. (d)In Civil liability, it is the act and not the intention which is taken into consideration whereas in case of criminal liability, mens rea is the determining factor
Answer & explanation

Ans. (b) : Regarding the distinction between civil and criminal liability, the statement that civil liability entails punishment whereas criminal liability results into damages is incorrect, because in civil matters damages are given and in criminal matters punishment is given.

Comprehension: Broadly speaking, legal theory involves a study of the characteristic features essential to law and common to legal systems and analysis of the basic elements of law which made it law and distinguish it from other forms of rules and phenomena. In fact, it is not possible to reach our dogmatic answer to the question 'what is law' or provide exclusive answers to many questions which are asked about its essential nature. The nature of legal theory lies in a study of the right which other theories may shed on distinctive attributes of law, by an examination of the relative merits and demerits of the principal expositions of the subject. In the same strain legal theory is linked at one end with philosophy and at the other end, with political theory. Sometimes, the starting point is philosophy and political ideology plays a secondary part ...... sometimes the theory of knowledge and political ideology are welded into one coherent system, of course, it is true that some legal philosophies have been philosophizers first and foremost and juristic because they felt the need to express their political thought in legal form. In short, before the nineteenth century legal theory was essentially a by-product of philosophy, religion, ethics or politics. The new era of legal philosophy arises mainly from the confrontation of professional lawyers, in his legal work, with problem of social justice. The modern jurists legal theory, no less than scholastic philosophers is based on ultimate beliefs whose inspiration comes from outside the law itself.

2021-2022

Which one of the following is considered to be a condition of penal liability?

  1. (a)ubi jus ibi remedium
  2. (b)volenti non fit injuria
  3. (c)damnum sine injuria
  4. (d)actus non facit reum nisi mens sit rea✓
Answer & explanation

Ans. (d) : Actus non facit reum nisi mens sit rea is considered a condition of penal liability. The meaning of Actus non facit reum Nisi mens sit Rea is — an act alone does not make a person guilty without intention. (1) Physical act (Actus reus) (2) Mens Rea

June 2020 · Q40

Which of the following are the exceptions of the 'specific enforcement rule' of the theory of

Remedial Liability?

A. Imperfect duties

B. Duties that are impossible for specific performance

C. Duties which are inexpedient to enforce specifically

Choose the correct answer from the options given below

  1. (a)A and B only
  2. (b)A and C only
  3. (c)B and C only
  4. (d)A, B and C all✓
Answer & explanation

Answer: (d) A, B and C all

June 2025 · Q13Match the lists

Match the following

List-I (Terms/Doctrines)

A. Jus Necessitatis

B. Malice

C. Dolus and Culpa

D. Intention and Negligence

List-II (Opinions)

1. Collective term for intention and recklessness

2. Two forms of Mens Rea

3. Two alternative conditions of penal liability

4. Right of man to do that which he cannot be dissuaded from

  1. (a)A-IV, B-I, C-II, D-III✓
  2. (b)A-III, B-II, C-IV, D-I
  3. (c)A-I, B-IV, C-III, D-II
  4. (d)A-III, B-III, C-I, D-IV
Answer & explanation

Answer: (a) A-IV, B-I, C-II, D-III

Explanation: • Jus Necessitatis – Right of necessity (IV)

• Malice – Intention and recklessness (I)

• Dolus and Culpa – Two types of mens rea (II)

• Intention and Negligence – Two bases of penal liability (III)

← Back to all units All topics of Unit I