THIRUVALLUVAR GUIDE FOR ASSISTANT PUBLIC PROSECUTOR GRADE - II IN TAMIL NADU GENERAL SERVICE VOLUME - I

Transcription

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2 THIRUVALLUVAR GUIDE FOR ASSISTANT PUBLIC PROSECUTOR GRADE - II IN TAMIL NADU GENERAL SERVICE VOLUME - I

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4 TAMIL NADU PUBLIC SERVICE COMMISSION ASSISTANT PUBLIC PROSECUTOR GRADE - II IN TAMIL NADU GENERAL SERVICE VOLUME - I BY R. KAMALAKKANNAN M.Sc., M.A., M.Phil., B.L., THIRUVALLUVAR PUBLICATIONS KUMBAKONAM

5 THIRUV UVALL ALLUV UVAR PUBLICATIONS FIRST EDITION SECOND EDITION REVISED THIRD EDITION REVISED FOURTH EDITION ISBN : Published by THIRUVALLUVAR PUBLICATIONS 1/5, East Street, Valayapettai & Post, (via) Darasuram Tamil Nadu, India. Buy Books Online at : E.Mail: thiruvalluvarpublications1970@gmail.com COMPLETE SET OF TWO VOLUMES : ` 2,960/- Although every care has been taken to avoid errors or omissions, this publication is being sold on the condition and understanding that it is merely for reference and must not be taken as having authority of or binding in any way on the authors, editors, publishers and sellers who do not owe any responsibility for any damage or loss to any person, a purchaser of this publication or not, for the result of any action taken on the basis of this work. The publishers shall be obliged if mistakes are brought to their notice for carrying out corrections in the next edition.

6 Dedicated to the Sacred Memory of M.R. Ramachandran M.A., B.L., Senior Advocate and Founder of Thiruvalluvar Publications

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8 v øµ C u zup uªì õk Aµ o (Tamil Nadu Public Service Commission) h u C US Assistant Public Prosecutor Grade - II, In Tamil Nadu zuõà AßÖ öáî h mh v zv ø UP mh õhzvmhzvß Ai øh À u õ UP mkòíx. Cµsk öuõsvpøíu öpõsh C ¼ß uà öuõsv õú (Volume - I)-À Law Paper - I ØÖ II PÐ Cµshõ öuõsv õú (Volume - II)-À Law Paper - III ØÖ IV PÐ øu Á h ÂÚõzuõÒPøÍ Ai øh õpu öpõsk ÁiÁø UP GÊx ÁºPÒ öáøô ö Ó GÀ»õ ÁÀ» CøÓÁøÚ µõzvuq@óõ. C ius v Pzuõº.

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10 CONTENTS Scheme and Syllabus of Written øó² õhzvmh I - VIII LAW - PAPER - I 1. The Indian Penal Code, 1860 (with amendments as on date) 1 C v z ushøúa Œmh 1860 (CßøÓ õò Áøµ õú Œmhz v zu[pðhß) 2. Final Report and Framing of Charge 215 PõÁ»º CÖv AÔUøP ØÖ SØÓaŒõmk ÁøÚuÀ 3. Translation 307 ö õèö º 4. Previous Year Questions with Answers 380 øu Á h ÂÚõzuõÒPÒ ÂøhPÐhß LAW - PAPER - II 1. The Criminal Procedure Code, 1973 (with Amendments as on date) 3 SØÓ À øh øóa Œmh, 1973 (CßøÓ õò Áøµ õú Œmhz v zu[pðhß) 2. The Indian Evidence Act, 1872 (with Amendments as on date) 316 Œõm] a Œmh, 1872 (CßøÓ õò Áøµ õú Œmhz v zu[pðhß) 3. The Civil Procedure Code 1908 (The Code of Civil Procedure (Amendment) Act, 2002)(Specified Portions). 456 E ø À øh øóa Œmh, 1908 (E ø À øh øóa Œmhzv zu 2002) (SÔ mh SvPÒ) 4. Previous Year Questions with Answers 543 øu Á h ÂÚõzuõÒPÒ ÂøhPÐhß

11 SCHEME OF WRITTEN EXAMINATION AND VIVA-VOCE (BACHELOR S DEGREE STANDARD - DESCRIPTIVE TYPE) Subject Duration of Maximum Marks PART - A WRITTEN TEST Examination Paper I - Law I 3 hours 100 Paper II - Law II 3 hours 100 Paper III - Law III 3 hours 100 Paper IV - Law IV 3 hours 100 PART-B-ORAL TEST (INTERVIEW) - 60 TOTAL 460 Note:- (i) The minimum qualifying marks in Part A for admission to the Oral Test shall be as follows: (a) For Scheduled Castes, SC(A)s and Scheduled Tribes : 140 in the aggregate (b) For Most Backward Classes/Denotified Communities and Backward Classes, (OBCM) and BCM : 160 in the aggregate (c) For Others : 180 in the aggregate (ii) The minimum qualifying marks in Part B for a Pass for all shall be 18. (iii) (iv) The question papers on Law I, II, III and IV in the Written Examination will be set both. In Tamil and English and the candidates will be given option of answering the paper either in Tamil or English or partly in Tamil and partly in English. The candidates who have not appeared for any of the papers in the Written Examination will not be considered for the selection even if they secure the minimum qualifying marks for selection. I

12 SYLLABUS FOR ASSISTANT PUBLIC PROSECUTOR GRADE - II LAW - DEGREE STANDARD (DESCRIPTIVE TYPE) (Corrected upto ) SUBJECT CODE: 300 PAPER I: LAW I The Indian Penal Code 1860 (with amendments as on date) Final Report and Framing of Charge and Translation (a) Tamil to English (b) English to Tamil from (i) Deposition (ii) Judgement (iii) Charge Sheet PAPER II: LAW - II 1) The Criminal Procedure Code 1973 (with Amendments as on date) 2) The Indian Evidence Act, 1872 (with Amendments as on date) 3) The Civil Procedure Code 1908 (The Code of Civil Procedure (Amendment) Act, 2002) (Specified Portions). PAPER III: LAW - III 1) The Constitutional Law (as amended by the Constitution (One Hundred and First Amendment) Act, 2016) (Specified Portions). II

13 2) The Human Rights Act, 1993 (As amended by the Protection of Human Rights (Amendment) Act, 2006 No.43 of 2006) 3) Legal Aid 4) Torts (Specified Portions). PAPER IV: LAW - IV 1) The Central Criminal Acts. 2) The Tamil Nadu State Minor Acts. Distribution of Marks for Each Paper PAPER I: LAW I The Indian Penal Code, Final Report and Framing Of Charge, Iincluding Translation : 1) The Indian Panel Code (Amended as per Criminal Law (Amendment) Act 2013) : 50 Marks 2) Final report and Framing of Charges : 30 Marks 3) Translation : (10 $ 2 = 20 Marks) : 20 Marks a) English to Tamil Translation b) Tamil to English Translation Marks Note: Questions will be asked to test the Practical knowledge, current case laws and issue based problems. PAPER II: LAW - II 1) The Criminal Procedure Code 1973 (Amended as per Criminal Law (Amendment) Act 2013): 40 Marks III

14 2) Indian Evidence Act (Amended as per Criminal Law (Amendment) Act 2013): 40 Marks 3) The Civil Procedure Code1908 (Amended as per Amendment Act 2002) : 20 Marks Section 9 : Jurisdiction of Civil Courts Section 10 : Res Sub-judice Section 11 : Res-judicata Order VII : Plaint (Simple format) Order VIII : Written Statement (Simple format) Sec.148A - CAVEAT PAPER III: LAW - III 1. Constitutional Law: 40 Marks (i) Fundamental Rights (ii) Directive Principles of State Policy (iii) Writ Jurisdiction of the Supreme Court and High Court. 2. Human Rights : 20 Marks The Protection of Human Rights Act, 1993 (full text) 3. Legal Aid : 20 Marks Legal Services Authority Act, 1987 Lok Adalat System 4. Torts : 20 Marks Negligence Malicious Prosecution - abuse of Legal Process Accident claims vicarious liability IV

15 PAPER IV : LAW IV : Central Acts 50 Marks 1. The Arms Act, The Cable Televisions Network Regulating Act 1995( Amendment 2012) 3. The Child Marriage Restraint Act, 1929 The Prohibition of Child Marriage Act,2006 The Child Labour (Prohibition and Regulation) Act, The Child Labour(Prohibition and Regulation) Amendment Act The Cinematograph Act, The Copy Rights Act, 1957(Amendment Act, 2012) 6. The Dowry Prohibition Act, 1961.( Amendment Act 1986) 7. The Electricity Act, 2003 ( Amendment Act,2007) 8. The Essential Commodities Act 1955 (Amendment Act 2010) 9. The Explosives Act, The Explosives Substances Act, 1908 (Amendment Act 2001) 11. The Immoral Traffic (Prevention) Act, (Amendment Act 1986) 12. Juvenile Justice (Care and Protection) Child Act, (Amendment Act 2015) 13. The Prevention of Food Adulteration Act, The probation of Offenders Act, (Amendment Act 2009) 15. The Public Gambling Act, 1867 V

16 16. The Railway Property unlawful Possession Act, (Amendment Act 2012) 17.The SC/ST Prevention of Atrocities Act, (Amendment Act 2015) 18.The Protection of Civil Rights Act, The Prevention of Insults to National Honour Act, (Amendment Act 2005) 20. The Transplantation of Human Organs Act, (Amendment Act 2011) 21. The Indian Medical Council Act, (Amendment Act, 2012 ) 22. The Information Technology Act, (Amendment Act, 2010) 23. Identification of Prisoner s Act, Mental Health Act, The Mental Health Care Act Indecent Representation of Woman (Prohibition) Act, The Foreigners Act,1946(Amendment Act 2004) 27. The Norcotic Drugs and Psychotropic Substances Act The Benami Transction (Prohibition) Amendment Act, Pre-natal Diagnostic Techniques (Regulation and Prevention of Misuse) Act, The Prevention of Damage to Public Property Act (Ten questions will be framed in the above Acts, each carrying five marks) VI

17 Tamil Nadu State Acts 50 Marks 1. The Tamil Nadu City Police Act, Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Drug- Offenders, ForestOffenders, Goondas, Immoral Traffic Offenders, Sand Offenders, Sexual Offenders, Slum-Grabbers, And Video Pirates, Act, 1982 (TN Act 14 Of 1982) As Amended / Modified As Of Acts 19 & 20 Of The Tamil Nadu Prohibition Act, (Amendment Act, 2008) 4. The Tamil Nadu Gaming Act, The Tamil Nadu Forest Act. No. 4 of The Tamil Nadu Prohibition Harassment of Women Act (TN Act 44 of 1998). 7. The Tamil Nadu Prohibition of Ragging Act, The Tamil Nadu Prohibition of charging of Exorbitant Interest Act, The Tamil Nadu Property (Prevention of Damage and Loss) Act, 1992 (Amended Act 46/94). 10. The Tamil Nadu Open Places Disfigurement Prevention Act, The Tamil Nadu Prize Schemes (Prohibition) Act, The Tamil Nadu Prize Chits and Money Circulation Schemes Banning Act, The Tamil Nadu Exhibition of Films of T.V. Screen through VCR and through Cable Television Network (Regulation) Rules The Tamil Nadu Kidneys (Authority or use of Therapeutic Purposes)Act, VII

18 15. The Tamil Nadu Open Places (Regulation of pasting of Posters and Fixing of Thatty Boards) Rules, The Tamil Nadu Protection of Interests of Depositors (in Financial Establishments) Act, Tamil Nadu Clinical Establishments(Regulation) Act, Tamil Nadu Police Standing Order. (Ten questions will be framed in the above Acts, each carrying five marks) gggggg VIII

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20 THIRUVALLUVAR GUIDE FOR ASSISTANT PUBLIC PROSECUTOR GRADE - II IN TAMIL NADU GENERAL SERVICE VOLUME - II

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22 TAMIL NADU PUBLIC SERVICE COMMISSION ASSISTANT PUBLIC PROSECUTOR GRADE - II IN TAMIL NADU GENERAL SERVICE VOLUME - II BY R. KAMALAKKANNAN M.Sc., M.A., M.Phil., B.L., THIRUVALLUVAR PUBLICATIONS KUMBAKONAM

23 THIRUV UVALL ALLUV UVAR PUBLICATIONS FIRST EDITION SECOND EDITION REVISED THIRD EDITION REVISED FOURTH EDITION ISBN : Published by THIRUVALLUVAR PUBLICATIONS 1/5, East Street, Valayapettai & Post, (via) Darasuram Tamil Nadu, India. Buy Books Online at : E.Mail: thiruvalluvarpublications1970@gmail.com COMPLETE SET OF TWO VOLUMES : ` 2,960/- Although every care has been taken to avoid errors or omissions, this publication is being sold on the condition and understanding that it is merely for reference and must not be taken as having authority of or binding in any way on the authors, editors, publishers and sellers who do not owe any responsibility for any damage or loss to any person, a purchaser of this publication or not, for the result of any action taken on the basis of this work. The publishers shall be obliged if mistakes are brought to their notice for carrying out corrections in the next edition.

24 Dedicated to the Sacred Memory of M.R. Ramachandran M.A., B.L., Senior Advocate and Founder of Thiruvalluvar Publications

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26 CONTENTS LAW - PAPER - III 1. The Constitutional Law (as amended by the Constitution (One Hundred and First Amendment) Act, 2016) (Specified Portions) 3 Aµ]»ø a Œmh (Aµ]»ø õà v zu mhx) ( ØÖ JßÓõÁx v zua) Œmh, 2016 (SÔ mh SvPÒ) 2. The Human Rights Act, 1993 (As amended by the Protection of Human Rights (Amendment) Act, 2006 No.43 of 2006). 116 Ûu E ø PÒ õxpõ a Œmh, 1993, Ûu E ø PøÍ õxpõ uøpõp v zu mhx, (v zua) Œmh, 2006 & Gs 2006À Legal Aid. 170 ŒmhEu 4. Torts (Specified Portions) 215 w[q À Œmh (SÔ mh SvPÒ) 5. Previous Year Questions with Answers 335 øu Á h ÂÚõzuõÒPÒ ÂøhPÐhß LAW - PAPER - IV 1. The Central Criminal Acts 2 zv SØÓ À Œmh[PÒ 2. The Tamil Nadu Minor Acts 803 uªì õk SØÓ À ]Ö Œmh[PÒ 3. Previous Year Questions with Answers 1160 øu Á h ÂÚõzuõÒPÒ ÂøhPÐhß