When a person is prosecuted for committing a criminal offence, the burden of proof is on
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- Accused
- Prosecution
- Police
- Complainant
The Correct Option is B
Solution and Explanation
Top CLAT Legal Studies Questions
I may here trace the history of the shaping of the Preamble because this would show that the Preamble was in conformity with the Constitution as it was finally accepted. Not only was the Constitution framed in the light of the Preamble but the Preamble was ultimately settled in the light of the Constitution. In the earliest draft the Preamble was something formal and read: "We, the people of India, seeking to promote the common good, do hereby, through our chosen representatives, enact, adopt and give to ourselves this Constitution." After the plan of June 3, 1947, which led to the decision to partition the country and to set up two independent Dominions of India and Pakistan, on June 8, 1947, a joint sub-committee of the Union Constitution and Provincial Constitution Committees, took note that the objective resolution would require amendment in view of the latest announcement of the British Government. The announcement of June 3 had made it clear that full independence, in the form of Dominion Status, would be conferred on India as from August 15, 1947. After examining the implications of partition the sub-committee thought that the question of making changes in the Objectives Resolution could appropriately be considered only when effect had actually been given to the June 3 Plan. Later on July 12, 1947, the special sub-committee again postponed consideration of the matter. The Union Constitution Committee provisionally accepted the Preamble as drafted by B.N. Rao and reproduced it in its report of July 4, 1947 without any change, with the tacit recognition at that stage that the Preamble would be finally based on the Objectives Resolution. In a statement circulated to members of the Assembly on July 18, 1947 Pandit Jawaharlal Nehru inter alia, observed that the Preamble was covered more or less by the Objectives Resolution which it was intended to incorporate in the final Constitution, subject to some modification on account of the political changes resulting from partition. (327 words) [Extracted with edits and revision from B Shiva Rao's - Framing of India's Constitution]
- CLAT - 2026
- Legal Studies
- Indian Constitution
- Good governance is only in the hands of good men. No doubt, what is good or bad is not for the court to decide; but the court can always indicate the constitutional ethos on goodness, good governance and purity in administration, remind the constitutional functionaries to preserve, protect and promote the same. That ethos are the unwritten words in our Constitution. However, as the Constitution makers stated, there is a presumption that the Prime Minister/Chief Minister would be well advised and guided by such unwritten yet constitutional principles as well. According to Dr. B. R. Ambedkar, such things were only to be left to the good sense of the Prime Minister, and for that matter, the Chief Minister of State, since it was expected that the two great constitutional functionaries would not dare to do any infamous thing by inducting an otherwise unfit person to the Council of Ministers. It appears, over a period of time, at least in some cases, it was only a story of great expectations. Some of the instances pointed out in the writ petition indicate that Dr. Ambedkar and other great visionaries in the Constituent Assembly have been bailed out. Qualification has been wrongly understood as the mere absence of prescribed disqualification. Hence, it has become the bounden duty of the court to remind the Prime Minister and the Chief Minister of the State of their duty to act in accordance with the constitutional aspirations.
No doubt, it is not for the court to issue any direction to the Prime Minister or the Chief Minister, as the case may be, as to the manner in which they should exercise their power while selecting the colleagues in the Council of Ministers. That is the constitutional prerogative of those functionaries who are called upon to preserve, protect and defend the Constitution. But it is the prophetic duty of this Court to remind the key duty holders about their role in working the Constitution. Hence, I am of the firm view, that the Prime Minister and the Chief Minister of the State, who themselves have taken oath to bear true faith and allegiance to the Constitution of India and to discharge their duties faithfully and conscientiously, will be well advised to consider avoiding any person in the Council of Ministers, against whom charges have been framed by a criminal court in respect of offences involving moral turpitude and also offences specifically referred to in Chapter III of The Representation of the People Act, 1951. (416 words)
[Extract from the Supreme Court Judgement Manoj Narula v. Union of India] - The recent Supreme Court judgment in State of Tamil Nadu v. Governor of Tamil Nadu (2025) affirmed that a Governor cannot exercise an absolute or “pocket” veto on bills, holding that if assent is withheld, the bill must be returned to the legislature “as soon as possible” for reconsideration, with the Governor having no discretion to withhold assent again. The court established that inaction or indefinite delay is illegal and unconstitutional, prescribing timelines for the Governor’s decision and even “deeming assent” on pending bills in the Tamil Nadu case, establishing a critical precedent for judicial review of gubernatorial powers.
The Supreme Court explicitly rejected the Governor’s power to an absolute or “pocket” veto, which allows for bills to be indefinitely delayed. If a Governor withholds assent to a bill, they are constitutionally obligated to return it to the State Assembly for reconsideration, according to the proviso in Article 200 of the Constitution. If the State Assembly re-enacts a bill after it has been returned by the Governor, the Governor has no choice but to give assent to it and cannot withhold it for a second time.
The Court held that indefinitely delaying or remaining silent on bills is unconstitutional and that Governors must act “as soon as possible” on bills. The judgment expanded the scope of judicial review by setting timelines for the Governor’s actions on bills, allowing state governments to approach courts if these timelines are breached. In the case of Tamil Nadu, the Court used its powers under Article 142 to “deem assent” on the long-pending bills, which had the effect of making any subsequent decision by the President on those bills void. (276 words)
[Extracted with edits & revisions from The Hindu, dated 8th April 2025] - Same-sex marriage has no legal recognition in India as per the recent Supreme Court's judgment, where it was decided that this is an issue for Parliament to address. While Hindu marriages between transgender persons and cisgender men are permissible, and the Court acknowledged systemic discrimination and the right to choose a partner, it held that there is no fundamental right to marry. The government has been urged to form a panel to consider granting more legal rights to same-sex couples, but the legal status of marriage remains unchanged for now. The five-judge bench of the Supreme Court of India in Supriya Chakraborty & Anr. v. Union of India (2023), in a majority verdict, ruled that there is no fundamental right to marry under the Indian Constitution, making it beyond the court's scope to legislate on same-sex marriage.
The Court stated that the power to legislate on same-sex marriage rests with the Parliament and state legislatures. The judgment affirmed constitutional rights for LGBTQ+ citizens and the right to choose a partner. The government agreed to set up a panel to explore legal rights and benefits for same-sex couples, though these benefits are not the same as those conferred by marriage. Same-sex couples cannot legally marry and do not receive the same legal rights, such as automatic inheritance, pension, or adoption rights, that legally married couples do. Despite the ruling, LGBTQ+ couples continue to face legal discrimination and have no social recognition of marriage. The Court affirmed the right of same-sex couples to cohabit privately. While the Supreme Court's verdict brought limited benefits and acknowledgments, it has not legalized same-sex marriage in India, deferring the ultimate decision to the Parliament. (279 words)
[Extracted, with edits and revisions, from "The Hindu", dated 27th October 2023]- CLAT - 2026
- Legal Studies
- Fundamental Rights and Duties
- The Contract Act 1872 deals with contract law in India, its rights, duties, and exceptions arising out of it. Section 2(h) of the Act gives us the definition of a contract, which is simply an agreement enforceable by law. To understand the difference between void agreements and voidable contracts it is important to talk about sections 2(h), 2(a). 20), 2(d), 14, 16 (3) and 15,24-28 of the Indian Contact Act. Void agreements are fundamentally invalid making them unenforceable by default. These agreements cannot be fulfilled as they consist of illegal elements, and they cannot be enforced even after subjecting it to both parties. However, in the case of voidable contract, the agreement is initially enforceable, but it is later on denied at the option of either of the parties due to various reasons.
Unless rejected by a party, this contract will remain valid and enforceable. The party who is at the disadvantage due to any circumstance applicable to the contract has the ability to render the agreement void. A void agreement is void ab initio making it impossible to rectify any defects in it while voidable contracts can be rectified. In case of a void agreement, neither of the parties is subject to any compensation for any losses but voidable contracts have some remedies.
A valid agreement forms a contract that may again be either valid or voidable. The primary difference between a void agreement and voidable contract is that a void agreement cannot be converted into a contract.
(Extracted with edits from A Comparative Study of Voidable Contracts and Void Agreements)- CLAT - 2025
- Legal Studies
- Contract Law
Top CLAT Criminal Law Questions
- Children come in contact with the criminal justice system either as victims or witnesses to a crime or as children in conflict with law (CICL). As CICL, they could be alleged of, accused or recognised as having broken the law by committing a crime. According to the National Crime Records Bureau (NCRB) Report 2021, India recorded a total number of 1,49,404 instances of crimes against children in 2021 a rise of over 16 per cent from the previous year. In terms of percentage, the top categories under crime against children were kidnapping and abduction, followed by cases registered under the POCSO Act. Further, the NCRB report revealed that of the total cases, 53,874 were registered under POCSO Sections. Sexual offences against children shows a steady ascent, with 47,221 such cases being recorded in 2020, and 47,335 cases in 2019. In 2019, as many as 32,269 cases were registered across the country, while the 2021 report registered a decline of 3.5 per cent recording 31,170 cases.
The Criminal Justice system of any country broadly refers to agencies of the government charged with enforcing law, adjudicating crime, and correcting criminal conduct. The main objective of the criminal justice system is 'deterrence', ie., to punish the 'transgressors and the criminals' and to maintain law and order in the society. Globally, children and young people are routinely exposed to various forms of violence if they are before the criminal justice system. They are at risk of physical and psychological abuse, sexual assault, and other harms, including inadequate educational opportunities, poor and outdated vocational training. They face several challenges including mental, emotional, and behavioural disorders. Children, who are victims of violence or exposed to violence during childhood, are more likely to have difficulty in school, abuse drugs or alcohol, act aggressively, suffer from depression or other mental health problems and engage in criminal behaviour as adults.
[Extracted, with edits and revisions from "Child Rights in the Criminal Justice System: Need for Law Reform" written by Dr. Asha Bajpai published in the Journal of the National Human Rights Commission, India].- CLAT - 2025
- Legal Studies
- Criminal Law
- Parliament passed the Criminal Procedure (Identification) Act, 2022 (the “Act”) in March 2022. The legislation enables police and central investigating agencies to collect, store and analyse the measurements of arrested persons. Until rules are notified, an Act cannot be implemented or come into force. On September 19, 2022, the Ministry of Home Affairs (the “MHA”) notified the rules (the “Rules”) under the Act.
The Act empowers a Magistrate to direct any person to give measurements to the police, which till now was reserved for convicts and those involved in heinous crimes. It also enables police personnel of the rank of Head Constable or above to take measurements of any person who resists or refuses to give measurements when ordered to do so by a Magistrate. As per the Rules, “measurements” mean finger-impressions, palm-print, footprint, photographs, iris and retina scan, physical, biological samples and their analysis, behavioural attributes including signatures, and handwriting. Though it has not been specified, analysis of biological samples could also include DNA profiling.
However, the Rules state that measurements of those detained under preventive Sections of the Code of Criminal Procedure (“CrPC”) shall not be taken unless such person is at that time charged or under arrest in connection with any other offence punishable under any other law. Measurements can also be taken under the Rules if a person has been ordered to give security for his good behaviour for maintaining peace under Section 117 of the CrPC for a proceeding under that Section. [Extracted, with edits and revisions, from “Explained | Rules for identifying criminals”, by Vijaita Singh, The Hindu]- CLAT - 2023
- Legal Studies
- Criminal Law
- Principle: Inducing any animal to move or to change its motion and thereby intentionally causing fear of injury or annoyance to others by such act, is an offence of use of criminal force.
Facts: X incites his dog to chase and run after his neighbour Y, to teach Y to stay away from him. The act is done without neighbour's consent and against his will.
- CLAT - 2019
- Legal Studies
- Criminal Law
- Principle: Death caused by rash or negligent act of a person is an offence.
Facts: X was driving his SUV car in a lonely road leading to a forest at 160 km per hour. Suddenly, someone appears from the forest on the road and in the resultant accident, the car hits the commuter causing his death.
- CLAT - 2019
- Legal Studies
- Criminal Law
- Principle: Whoever causes death by rash or negligent act commits an offence.
Facts: X is having a house on the roadside which is also having a street on the back of the house. He has a lawn on the back of his house where he has built a toilet. To prevent the intruders from entering his house, he got the fence charged with a high voltage live electric wire. Z was passing through the street at the backyard of the house of X and sat down to take rest near the fence. While getting up, his hands came in contact with the fence which was connected to high voltage electric wire causing his death.
- CLAT - 2019
- Legal Studies
- Criminal Law
Top CLAT Questions
- In a language laboratory, students were given an interesting puzzle involving the word "ELECTROCARDIOGRAPH." The teacher explained that such exercises not only test logical skills but also sharpen attention to detail. According to the challenge, the word had to undergo a series of transformations. First, the class was asked to take the first half of the letters, reverse their order and make the arrangement of letters look quite different from the original. Next, the students were told to identify the last but one letter of the original word and place it at the very beginning, a step that changed the opening appearance of the sequence completely. Finally, as a finishing touch, they had to add the letter 'S' at the end. Following these steps carefully would lead them to the correct transformed word, and only those who adhered to each condition in the exact order could solve the puzzle successfully. (150 words)
- CLAT - 2026
- Coding Decoding
On the night of October 12th, the "Sunburst Medallion" was stolen from the highly secured display case in the city museum. The theft occurred sometime between the museum closing at 10:00 PM and the night guard, Mr. Hemant, completing his final round at 1:00 AM. Three primary suspects were identified, all of whom had recently been dismissed from their museum positions: Anjali, the former curator; Bharat, the former security expert; and Chitra, the former exhibits designer.
Here are the established facts and their alibis:
- The security system logs show that the display case was opened using a specific five-digit code, which only Anjali and the museum director (who was out of the country) knew.
- Bharat's alibi is that he was at a distant relative's birthday party from 8:00 PM to 1:30 AM. Multiple independent witnesses confirmed his presence throughout the entire period.
- Chitra's alibi is that she was working late at a downtown graphic design studio. A time-stamped security camera from the studio's entrance shows her entering at 7:00 PM and exiting at 11:45 PM. The studio is a 20-minute drive from the museum.
- Mr. Hemant, the night guard, stated he checked the medallion at 10:30 PM, and it was still there.
Further investigation revealed that a small, distinctive silver button was found near the display case. Anjali is known to frequently wear a coat with similar unique silver buttons. The security expert, Bharat, had previously boasted that he could remotely disable a certain type of magnetic lock—the same type used on the medallion's case—without needing the code, though the log suggests the code was used. (269 words)
- CLAT - 2026
- Assertion and Reason
In a small town lived a close-knit family where every relation could be expressed through simple symbols. For instance, when they said \( A \times B \), it meant \( A \) is the father of \( B \), while \( A \div B \) meant \( A \) is the mother of \( B \). The younger ones were often introduced with \( A + B \), meaning \( A \) was the daughter of \( B \), and the bond of brotherhood was shown by \( A - B \) (A is brother of B).
One day, the children in the family turned these symbols into a playful code. Instead of introducing their parents and siblings in words, they spoke only in symbols. “Look,” giggled little Meena, “\( M + N \div O \)!” Everyone laughed, because they knew it meant Meena was the daughter of \( N \), and \( N \) was the mother of \( O \), making her \( O \)’s sister. What started as a code soon became a family game, making the bonds of father, mother, daughter, and brother not just relations, but symbols of love and togetherness. (165 words)
- CLAT - 2026
- Blood Relations
Four teams – Red (R), Blue (B), Green (G), and Yellow (Y) – are competing in the final four rounds of the Inter-School Science Olympiad, labeled Round A, Round B, Round C, and Round D. Each round consists of one match between two teams, and every team plays exactly two matches. No team plays the same opponent more than once.
The final schedule must adhere to the following rules:
- Rule 1 (Consecutive Play): The Green team (G) must play their two matches in consecutive rounds.
- Rule 2 (Fixed Appearance): The Yellow team (Y) must play in Round B.
- Rule 3 (Positional Constraint): The Red team (R) must play against the Blue team (B) in a round that is immediately before a round in which neither R nor B is playing.
- Rule 4 (Timing): The Blue team's (B) first match must occur in an earlier round than the Green team's (G) first match.
- Rule 5 (Opponent Link): The team that plays against the Red team (R) in the round that is not against the Blue team (B), is the same team that plays in Round D.
(193 words)
- CLAT - 2026
- Seating Arrangement
Health insurance plays a vital role in ensuring financial protection and access to quality healthcare. In India, however, the extent and nature of health insurance coverage vary significantly between urban and rural areas. While urban populations often have better access to organized insurance schemes, employer-provided coverage, and awareness about health policies, rural populations face challenges such as limited outreach of insurance schemes, inadequate infrastructure, and lower awareness levels. This urban-rural divide in health insurance coverage highlights the broader issue of healthcare inequality, making it essential to analyze the factors contributing to this gap and explore strategies for more inclusive health protection. A state-level health survey was conducted.
The survey covered 1,80,000 adults across urban and rural areas. Urban residents formed 55% of the sample (that is, 99,000 people) while rural residents made up 45% (that is, 81,000 people). In each area, coverage was classified under four heads – Public schemes, Private insurance, Employer-provided coverage, and Uninsured. In urban areas, Public coverage accounted for 28% of the urban population, Private for 22%, Employer for 18%, and the remaining 32% were Uninsured. In rural areas, where formal coverage is generally lower, Public coverage stood at 35%, Private at 10%, Employer at 8%, while 47% were Uninsured.
For this survey, “Insured” includes everyone covered by Public + Private + Employer schemes, and “Uninsured” indicates those with no coverage at all. Officials noted that public schemes remain the backbone of rural coverage, while employer and private plans are relatively more prevalent in urban centres. (250 words)
- CLAT - 2026
- Ratio and Proportion