Answer Writing Practice DAY5 - CS Executive Session 1

Day 5

Different between CRR and reserve share capital.

Today's Questions

Q1. Discuss the summary trial by a magistrate under the CRPC, 1973.

Q2. Swaraj an employer of ABC Company Ltd appointed Rakesh as an independent  

contractor. Discuss under what circumstances Swaraj would be liable for fault of Rakesh.

Answer 1.

1. The code of criminal procedure creates the necessary machinery for apprehending the  

criminal, investigating the criminal cases, their trial before the criminal court and  

imposition of proper punishment. 

2. Trial in general means the formal process in a court of law where evidences are taken  

against the accused to decide whether he/she is guilty for the stated crime or not.  

3. Summary trial is the name given to the trial where cases are disposed off speedily and  

procedure are simplified. 

4. It can be conducted only by: 

• Any chief judicial magistrate 

• Any metropolitan magistrate 

• Any magistrate of the first class who is specially empowered in this behalf by  

the high court. 

5. Following are the offences that can be dealt with summary trials: 

• Offences not punishable with death, life imprisonment or imprisonment not  

exceeding 2 years. 

• Suit filed against a person provoking breach of trust. 

• Offenses under cattle trespass Act, 1871. 

• Offences where value of property does not exceed Rs. 200 

6. In summary trial, a convict cannot be sentenced to imprisonment for a period of the time  

longer than 3 months. 

7. In summary trials, magistrate does not have to frame formal charges and entire evidence  

need not be recorded in case of summary trial. 

Conclusion: Thus, main purpose of summary trial is to expeditiously dispose off the cases as  

the caseload on the judiciary is immense and continues to grow.

Answer 2.

Law relating to Torts talks about kinds of Tortious Liability. They are 

A. Strict or Absolute Liability 

B. Vicarious Liability 

C. Vicarious liability of the state. 

According to Strict liability, in some torts, the defendant is liable even though the harm to the  

plaintiff occurred without intention or negligence on the defendant’s part. This was explained  

in the case of Rylands v. Fletcher where It was held that If a person brings or accumulates on his  

land anything which, if it should escape may cause damage to his neighbors, he does so at his  

own peril. If it does not escape and cause damage he is responsible, however careful he may  

have been, and whatever precautions he may have taken to prevent damages. Hence that a man  

act at his own peril and is the insurer of the safety of his neighbor against accidental harm. In  

other words, defendant is held liable without fault. 

These cases fall under following categories: 

1. Liability for inevitable Accident- Such liability arises where damage is done by the  

escape of dangerous substances brought or kept by anyone upon his land. Eg. Bhopal  

gas tragedy 

2. Liability for inevitable Mistake- Such cases are where a person interferes with the  

property or reputation of another. 

3. Vicarious liability for wrongs committed by others- Responsibility in such cases is  

imputed by law on grounds of social policy or expediency. These case involve liability of  

master for the acts of his servant. 

4. Non-natural use of Land- The defendant is liable if he makes a non- natural use of land. 

In all above stated categories, Swaraj would be liable for fault of Rakesh.