TRIBHUVAN UNIVERSITY
2064
LL.M 1st year Full Marks: 100
Criminal Law Pass Marks: 50
Time: 4 hrs.
Candidates are required to give their answers in their own words as far as practicable. The questions are of equal value.
Attempt any SIX questions:
1. Discuss the function of criminal law in the modern context. Differentiate between Ex ante function with Ex post function of criminal law. How do you agree with criminalization of human conduct as a major controlling function of the modern criminal law?
2. “The Judicial legislation and judicial creativity have played very significant role in the development of Nepalese criminal law and they have blended the traditional and indigenous Nepalese criminal law with modern concepts of criminal law.” Critically examine the above statement.
3. “The mens rea of crime is transferred from the intended victim to the actual victim of crime.” Evaluate the above statement by giving reasons. Differentiate the concept of transferred malice with the mistaken identity of the victim with the help of suitable Nepalese case law.
4. What are the constituent elements of criminal attempt? Differentiate between complete attempts with incomplete attempt. Point out the lapses in the Nepalese law of criminal attempt and suggest appropriate steps that may be taken to improve the existing Nepalese law of criminal attempt.
5. “Coincidence of the actus reus and mens rea will not necessarily lead to criminal liability.” Explain the about statement and compare it with the principle of contemporaniety.
6. “Mitigated homicide in Nepal is a creation of judicial creativity of the Supreme Court of Nepal.” Examine the above statement. How do you categories mitigated circumstances recognized by the Supreme Court of Nepal? Compare the infanticide la of Nepal with the infanticide law of England.
7. What are the essential elements of theft? Discuss. Compare and contrast Nepalese law of theft with English law of theft.
8. Write short notes on any THREE of the following:
a. Intoxication
b. Human trafficking
c. The principle of derivative liability
d. Negligence
e. Legal moralism
TRIBHUVAN UNIVERSITY
2065
LL.M 1st year Full Marks: 100
Criminal Law Pass Marks: 50
Time: 4 hrs.
Candidates are required to give their answers in their own words as far as practicable. The questions are of equal value.
Attempt any SIX questions:
1. What are the main functions of modern criminal law? Differentiate between Ex ante function and Ex post function of criminal law.
2. “The judicial legislation and judicial creativity have played very significant role in the evolution of modern Nepalese criminal law.” Critically examine the above statement. Point out the main contributions made by the judicial legislation in the area of Nepalese criminal law.
3. “Intention of committing a crime may be transferred from the intended victim with suitable Nepalese case law.
4. “Coincidence of the Actus Reus and Mens Rea will not necessarily lead to criminal liability.” Examine the above statement.
5. Discuss the rationale and justifications behind the criminalization of criminal attempt. How the crime of attempt is constituted? Differentiate between complete attempt with incomplete attempt.
6. “The Category of mitigated homicide is a creation of judicial creativity of Nepalese Supreme Court.” Explain the above statement. Discuss. “infanticide” as a on of main mitigated circumstances recognized by the Supreme Court of Nepal.
7. Explain the rationales and justifications behind criminalization of crime of theft. How the crime of theft is constituted? Discuss the main short comings existed on our theft law and suggest appropriate steps that have been taken to improve our theft law.
8. Write short notes on any three of the followings:
a. Self-defence
b. Domestic violence
c. Recklessness
d. Martial rape
e. The principle of derivative liability
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