Land Law

Answer any two out of the following six questions:

1. Define the chargeability of an instrument under the Maharashtra Stamp Act. When does an
instrument become chargeable?

2. Explain the concept of marketable security under the Maharashtra Stamp Act.
Ans. Marketable security, as defined under Section 16A of the Maharashtra Stamp Act, refers to a
security that can be sold in any stock market in India. It includes financial instruments like shares,
bonds, and debentures that are transferable and tradable in the securities market.

3. What is the meaning of "duly stamped" as per the Maharashtra Stamp Act?
Ans. Section 2(11) of the Maharashtra Stamps Act defines the term “duly stamped”. Duly Stamped
as applied to an instrument means that the instrument bears an adhesive or impressive stamp of
not less than the proper amount and that such stamp has been affixed or used in accordance with
the law for the time being in force.

4. Discuss the scope and objectives of the Maharashtra Stamp Act, 1958.
Ans. The Maharashtra Stamp Act, 1958, regulates the levy and collection of stamp duty on
instruments to ensure legal validity and prevent revenue loss to the state. Its scope covers various
documents, including agreements, conveyances, and bonds, making them legally enforceable only
when duly stamped. The objectives include generating state revenue, preventing tax evasion, and
ensuring the authenticity and admissibility of documents in legal proceedings.

5. Define Floor Space Index (FSI) under the Maharashtra Regional and Town Planning Act,
1966.
Ans. Floor Space Index under the Maharashtra Regional Town Planning Act 1966 means a
quotient or the ratio of the combined gross floor area of all floor, excepting areas specifically
exempted under these regulations, to the total area of the plot viz.

FSI = Total area covered on all floor

Plot Area

6. What constitutes unauthorized development under the Maharashtra Regional and Town
Planning Act, 1966?
Ans. Unauthorized development under the Maharashtra Regional and Town Planning Act, 1966
includes any construction, reconstruction, or land use change carried out without prior permission
from the Planning Authority or in violation of Development Control Regulations. It also includes
development done without a Commencement Certificate, exceeding approved plans, or
contravening zoning and land use norms specified in the Development Plan.

Answer any one of the following:

1. Explain the procedure for adjudication of stamp duty on an instrument under Section 31 of the
Maharashtra Stamp Act.
Ans. Adjudication as to proper stamps-
1) Under Section 31 of the Maharashtra Stamp Act, the process of adjudication determines the
proper stamp duty applicable to an instrument. This adjudication is conducted by the Collector,
upon an application made by one of the parties to the instrument, regardless of whether the
document has been executed or previously stamped. The applicant must pay a fee of ₹100, after
which the Collector assesses and determines the duty payable under the appropriate Article of
Schedule I of the Act.

2) To facilitate adjudication, the Collector may require a true copy or an abstract of all relevant
facts and circumstances that impact the stamp duty chargeability. The Collector may also
demand supporting evidence and has the authority to refuse to proceed with the application
until such documents and evidence are provided.

Provided that-
a) However, any evidence furnished for this purpose cannot be used against the applicant in any
civil proceeding, except for determining the correct stamp duty.
b) Additionally, if the full duty is paid, the applicant is relieved from any penalty incurred due to
an omission in stating the facts correctly in the instrument.

3) If the adjudicating Collector is not the Collector of the District and suspects that the market
value of the property mentioned in the instrument is inaccurately stated, he must assess the true
market value following the Bombay Stamp (Determination of True Market Value of Property)
Rules, 1995. This ensures that stamp duty is assessed based on the actual market value of the
property in question.

4) When an instrument is brought to the Collector for adjudication-

i) The instrument must be submitted for adjudication within one month from its execution in
the state.
 ii) If executed outside Maharashtra, it must be submitted within three months from its first
receipt in the state. The person liable under Section 30 must pay the adjudicated stamp duty
within 60 days from the date of service of the demand notice. Failure to pay within this
period results in a penalty of 2% per month on the deficient portion of the duty, calculated
from the date of execution or first receipt in Maharashtra.

Section 31 establishes that the Collector’s decision on adjudication is final and conclusive, with no
provision for appeal to a higher authority, except for a reference to the High Court. This section
deals with voluntary adjudication, applying to all documents listed in Schedule I of the Act, whether
the duty is based on market value or otherwise, and whether it is payable on an ad valorem basis
or a fixed amount.

2. What is the impounding of an instrument? Who has the authority to impound an instrument?
Ans. Section 33 of the Indian Stamp Act 1899 defines regarding the impounding of an instrument
and the object of this section is to safeguard the revenue. Impounding of an instrument refers to
the process by which an authority detains or holds an instrument (document) that is not properly
stamped as required under the Indian Stamp Act, 1899. This is done to ensure that the proper
stamp duty is paid before the document is admitted as evidence or used in official proceedings.

As per Section 33 of the Indian Stamps Act, 1889 the authority to impound an instrument lies
with individuals who are legally empowered to receive evidence or hold responsibility for public
offices. Every person who has the authority to receive evidence by law or through the consent of
parties, as well as every person in charge of a public office (excluding police officers), is required
to impound any instrument that appears to be insufficiently stamped when produced before them
in course of their official functions.

For this purpose, such individuals must examine the instrument to determine whether it bears the
appropriate stamp duty as required by the law in force at the time of its execution. However,
certain exceptions apply. A Magistrate or Judge of a Criminal Court is not mandated to examine
or impound an instrument unless it appears in proceedings under Chapter XII or Chapter XXXVI
of the Code of Criminal Procedure, 1898. Additionally, in the case of High Court Judges, the duty
of examining and impounding documents may be delegated to an appointed officer of the court.

In cases where there is doubt regarding the classification of public offices or the individuals
responsible for public offices, the State Government holds the authority to determine which offices
qualify as public offices and who shall be considered persons in charge of such offices.
3. Discuss the admissibility of instruments that are not duly stamped.
Ans. Under Section 35 of the Maharashtra Stamp Act, any instrument that is chargeable with duty
but is not duly stamped is deemed inadmissible in evidence for any purpose. Additionally, such an
instrument cannot be acted upon, registered, or authenticated by any authority or public officer
unless it bears the appropriate stamp duty. However, the law provides certain exceptions and
remedial provisions to rectify deficiencies in stamping.

If an instrument is insufficiently stamped, it may still be admitted in evidence upon payment of the
deficient duty along with a penalty. The penalty is generally five rupees, or, if the deficiency exceeds
five rupees, ten times the deficient portion of the duty. In cases where an unstamped receipt is
given by a person from whom a stamped receipt could have been demanded, the receipt can still
be admitted in evidence against that person upon payment of a penalty of one rupee by the party
tendering it.

For contracts or agreements made through correspondence consisting of multiple letters, the
agreement is considered duly stamped if at least one of the letters bears the proper stamp.
Furthermore, the inadmissibility provision does not apply to criminal proceedings, except for those
under Chapter XII or Chapter XXXVI of the Code of Criminal Procedure, 1898. Additionally,
any instrument executed by or on behalf of the Government or certified by the Collector under
Section 32 is admissible in court, regardless of whether it is duly stamped.

Thus, while the general rule is that an instrument must be properly stamped to be admissible, the
Act provides specific allowances to remedy deficiencies through payment of duty and penalties,
ensuring that transactions are not invalidated solely due to stamp duty irregularities.

4. Describe the procedure for applying for permission under Sections 44 and 45 of the Maharashtra
Regional and Town Planning Act, 1966, and the criteria for granting or refusing such permission.
Ans. Under Sections 44 and 45 of the Maharashtra Regional and Town Planning Act, 1966, any
person, other than the Central or State Government or a local authority, intending to carry out
development on land included in a Development Plan must obtain prior permission from the
Planning Authority. To seek permission, the applicant must submit a written application in the
prescribed form, providing full particulars and necessary documents as required by the rules.
However, no such permission is required for demolition or erection of structures undertaken in
compliance with statutory notices issued by designated authorities such as the Planning Authority,
the Housing and Area Development Board, the Bombay Repairs and Reconstruction Board, or
the Bombay Slum Improvement Board.
The State Government has the authority to declare a project as a Special Township Project under
Section 44(2). Any person wishing to execute such a project may apply to the State Government,
which, after conducting an inquiry, may either approve or reject the application. If approved, the
project is declared a Special Township Project through a notification in the Official Gazette.

Upon receiving an application for development permission, the Planning Authority may take one
of the following actions: (i) grant permission unconditionally, (ii) grant permission with general or
specific conditions, subject to the prior approval of the State Government, or (iii) refuse
permission. Any order granting conditional permission or refusing permission must explicitly state
the reasons. When permission is granted, a commencement certificate is issued in the prescribed
form, authorizing the applicant to begin the development work in accordance with the sanctioned
plan. Within one month of issuing this certificate, the Planning Authority must forward
authenticated copies of the certificate and sanctioned development plans to the Collector.

If the Planning Authority does not communicate its decision within 60 days from the date of
receipt of the application or the applicant’s response to any requisition made, the permission is
deemed to have been granted. However, this deemed permission is valid only if the proposed
development strictly conforms to all applicable Development Control Regulations and does not
violate any provisions of the draft or final Development Plan. Any development carried out in
contravention of these regulations will be considered unauthorized and subject to penalties under
Sections 52 to 57 of the Act.
 JURISPRUDENCE
Answer in one or two sentences:
1. Define jurisprudence.
Ans. The study of jurisprudence started with the Romans. The Latin equivalent of ‘jurisprudence’
is ‘jurisprudentia’ which means either ‘knowledge of law’ or ‘skill in law’. Sir Thomas Holland
define Jurisprudence as ‘the formal science of positive law’. It is a formal or analytical science
rather than a material science. The term positive law has been defined by Holland as “the
general rule of external human action enforced by a sovereign political authority’’.

2. State the difference between a norm and the normative system.

Ans. A norm is a rule prescribing how individuals should behave in specific situations. A normative
system is a structured set of norms governing behaviour in a particular domain, such as law,
religion, or customs. The legal system, as a normative system, maintains order by establishing and
enforcing hierarchical norms.

3. Who is the father of Historical School of Jurisprudence.

Ans. F.K. Von Savigny (1779 – 1861) is regarded as the father and founder of the Historical School
of jurisprudence.

4. Explain the term grundnorm.

Ans. The term Grundnorm was introduced by Hans Kelsen in his Pure theory of law. The
Grundnorm is the starting point for philosophy of Kelson. It refers to the fundamental norm or
foundational legal principle upon which the validity of all other legal norm in a legal system is
based.

5. What is living law according to Eherlich.

Ans. According to Eugen Ehrlich, living law consists of societal norms and practices that shape
legal development beyond formal statutes or court rulings. He argued that the true source of law
lies in social facts and customs, not state authority, and that legal norms evolve through daily
interactions. Judges and jurists must integrate living law with formal law to reflect society's realities.

6. State two features of Analytical Positivism.

Ans. Two key features of Analytical Positivism are:
1. Law as the Command of the Sovereign – The school views law as a set of commands issued by
a sovereign authority, emphasizing legislation as the primary source of law.
2. Systematic Analysis of Legal Concepts – It focuses on logically analyzing and classifying legal
concepts without considering their historical development or moral significance, treating law as
an independent and self-contained system.

7. Who propounded the principle of utility? Mention the school of law to which this theory
belongs.
Ans. The principle of utility was propounded by Jeremy Bentham. This theory belongs to the
Utilitarian School of Jurisprudence, which is a branch of the Positive School of Law.

8. Explain Savigny’s view of law.

Ans. Friedrich Carl von Savigny, founder of the Historical School of Jurisprudence, believed that
law is an organic development of a nation's customs and traditions, reflecting the Volksgeist (spirit
of the people). He argued that law evolves naturally through custom and juristic practice, rather
than being created arbitrarily by legislators. According to him, legislation should align with
historical development, as custom precedes and is superior to legislation. He rejected natural law
and codification, emphasizing that law grows with a nation's identity and declines when the nation
loses its distinct character.

9. Explain HLA Hart’s view of law.

Ans. H.L.A. Hart, a leading legal positivist, rejected Austin’s "command theory" of law. In The
Concept of Law (1961), he distinguished between being obliged (coerced) and having an obligation
(rule-based duty). He emphasized the importance of rules, particularly primary rules (governing
behaviour) and secondary rules (conferring power and ensuring legal continuity). Hart introduced
the internal aspect of rules, where people accept and follow laws as standards, differentiating law
from mere habits or coercion.

[Link] is Pure Theory of Law.

Ans. The Pure Theory of Law, developed by Hans Kelsen, focuses on law as it is, not as it ought
to be. It is a theory free from ethics, politics, sociology, or history, making it "pure." Law is seen
as a system of norms, where each norm derives its validity from a higher norm, ultimately leading
to a fundamental norm (Grundnorm). Kelsen differentiates legal norms from scientific laws,
emphasizing normativity over causality. Unlike Austin, he rejects the idea of law as a command,
instead viewing it as a "depsychologized command" backed by legal authority rather than external
sanctions.
Answer in detail:
1. “Nature has placed man under the governance of two sovereign masters, pain and pleasure.”
Explain Bentham’s principle of utility.

Ans. Jeremy Bentham, an English philosopher and jurist, formulated the Principle of Utility, which
is the cornerstone of his ethical and legal philosophy. This principle is based on the idea that
human actions are governed by two sovereign masters: pleasure and pain. Bentham argued that
the rightness or wrongness of an action should be judged by its ability to maximize pleasure and
minimize pain for the greatest number of people.

According to Bentham, laws and policies should be evaluated based on their consequences, and
the best laws are those that promote the greatest happiness of society. This idea is often referred
to as utilitarianism, a concept that later influenced legal and moral philosophy. He proposed
a hedonic calculus, a systematic method to measure the pleasure and pain generated by an action
based on factors such as intensity, duration, certainty, and extent.

Bentham’s Principle of Utility played a significant role in shaping modern legal systems, particularly
in criminal law and legislative reforms. He criticized arbitrary and rigid legal structures and
advocated for codification and rationalization of laws to ensure justice and fairness. His utilitarian
approach emphasized that laws should not be based on abstract principles but should be practical,
promoting the well-being of the majority.

In summary, Bentham’s principle asserts that the morality and legitimacy of laws should be
determined by their capacity to increase happiness and reduce suffering in society.

2. Explain the concept of Volksgeist.

Ans. The concept of Volksgeist (Spirit of the People) is primarily associated with the German legal
philosopher Friedrich Carl von Savigny, a key figure in the Historical School of Jurisprudence.
Volksgeist refers to the collective consciousness, traditions, customs, and cultural values of a
society that shape its legal system. Savigny argued that law is not created arbitrarily by legislators
but evolves organically from the customs and beliefs of the people over time. According to him,
law is deeply rooted in the history, traditions, and national character of a society, making it a
reflection of the people's spirit rather than an artificial imposition.

Savigny’s theory emerged as a reaction to the codification movement in Europe, particularly against
the idea that laws could be universally and mechanically imposed without considering a nation's
historical and cultural context. He opposed the view that law could be constructed purely through
rational principles, as suggested by legal positivists. Instead, he believed that law should develop
gradually, based on the customs and experiences of a particular society. He emphasized that legal
principles should be discovered through historical analysis rather than imposed through abstract
reasoning.

The doctrine of Volksgeist had a significant impact on legal systems worldwide, influencing the
development of legal traditions based on historical continuity. It supported the idea that legal
evolution should be guided by the social and historical circumstances of a nation rather than by
sudden reforms or foreign influences. This perspective was particularly influential in shaping
German legal thought and was later reflected in various nationalist legal movements. However,
critics argue that the concept can lead to legal conservatism, resisting necessary reforms by overly
relying on tradition.

Overall, Volksgeist underscores the importance of culture, history, and tradition in shaping legal
systems. It highlights the idea that law should be a product of the people's collective consciousness,
evolving naturally over time to reflect the values and customs of society.

3. Critically examine Austin’s Theory of Law.

Ans. John Austin is regarded as the father of English jurisprudence and the founder of the
Analytical School. However, the term "Analytical School" can be misleading, as it implies that
analysis is unique to this school rather than being a universal method in jurisprudence. Allen,
therefore, prefers to call Austin’s school the "Imperative School." Nevertheless, Austin does not
fit perfectly into any particular school of thought. In some ways, he was a precursor to the pure
science of law, as he narrowly defined the boundaries of jurisprudence. While he acknowledged
the role of ethics in the evolution of law, he ultimately confined jurisprudence to the study of law
as it is, rather than its ideal forms, leaving such inquiries to the realm of philosophy and the science
of legislation.

Austin’s most significant contribution to legal theory was his substitution of the command of the
sovereign for the ideal of justice in defining law. He defined law as “a rule laid down for the
guidance of an intelligent being by an intelligent being having power over him.” His theory strictly
separates law from morality, emphasizing that law is based on the power of a superior rather than
on notions of good or bad. He categorized laws into two divisions: laws set by God to men (divine
law) and laws set by men to men (human laws). In Austin’s positivist system, the law of God serves
as a receptacle for his utilitarian beliefs, equating utility with divine law.
Human laws, according to Austin, are further divided into laws properly so called (positive law)
and laws improperly so called. Positive laws include those set by political superiors to subordinates,
as well as those created by individuals exercising legal rights granted by the sovereign, such as a
guardian’s authority over a ward. Every enforceable private right, in this sense, stems from an
indirect command of the sovereign. Laws improperly so called include social rules, customs, moral
laws, international law, and scientific laws, which Austin terms "Positive Morality." Another
category, "laws by metaphor," includes expressions of natural uniformities.

Austin identifies four essential elements of positive law: command, sanction, duty, and sovereignty.
He asserts that all laws are species of commands emanating from a determinate source, with non-
compliance leading to an eventual evil or sanction. Duty, in this framework, arises from a
command and is upheld by the fear of sanctions. He further states that all positive law originates
from a clearly identifiable sovereign, who is the ultimate authority in an independent political
society. However, Prof. Dias criticizes Austin’s rigid distinctions, arguing that they are arbitrary.
Although Austin primarily based his theory on English law, he mistakenly applied it as a universal
criterion, leading him to exclude international law entirely.

Austin’s view that law is merely a command of the sovereign has been widely criticized. Firstly,
while his definition may apply to criminal law, much of a legal system consists of power-conferring
laws rather than commands. Examples include laws that grant voting rights, regulate property
transactions, and define contractual agreements. Secondly, the concept of command implies the
existence of a personal commander, which is impractical in modern legal systems where legislative
procedures are complex, and sovereignty may be divided, as seen in federal states. Thirdly, Austin’s
notion that laws continue in existence only as long as the sovereign permits them is flawed. Many
legal systems, particularly constitutional democracies, impose limitations on sovereign authority,
preventing the arbitrary repeal of entrenched laws.

Furthermore, Austin’s reliance on "tacit command" to explain the continued existence of past laws
under a new sovereign is problematic. Prof. Hart dismantles this idea by pointing out that mere
non-interference by a sovereign does not equate to an active command. Additionally, many laws
originate from judicial decisions rather than sovereign commands. The judiciary, while subject to
legislative oversight, exercises law-making powers through precedent, which cannot simply be
dismissed as delegated legislation. Moreover, certain laws, such as declaratory and repealing
statutes, do not fit within Austin’s command theory. Declaratory statutes restate existing law, while
repealing statutes nullify previous commands rather than issuing new ones.
Prof. Dias further questions whether a determinate sovereign can be identified as the source of all
laws. Throughout history, no single authority can be pinpointed as having issued commands for
the entire body of law. Even in constitutional monarchies and parliamentary democracies,
lawmakers derive their authority from the legal system itself. Prof. Olivecrona highlights that even
the so-called sovereign is bound by pre-existing legal rules, creating a paradox—if sovereignty
originates from law, then law cannot simply be the command of the sovereign.

In conclusion, while Austin’s theory laid the foundation for legal positivism, its rigid command-
based framework fails to account for the complexities of modern legal systems. The existence of
power-conferring laws, the role of judicial law-making, constitutional limitations on sovereignty,
and the survival of laws beyond their original lawmakers challenge his definition. Though his
contributions remain influential, Austin’s theory is widely regarded as an oversimplification of the
nature of law.

4. What do you mean by Social Engineering? Explain Pound’s ideas on the same.
Ans. Roscoe Pound, a prominent legal scholar, introduced the theory of social engineering,
likening the role of a lawyer to that of an engineer who structures society efficiently by balancing
competing interests. The objective of social engineering is to maximize societal satisfaction while
minimizing friction and waste. According to Pound, interests in society manifest as claims, desires,
or expectations, which law must address for society to function effectively. He emphasized that
jurists play a crucial role in assisting courts by classifying and analyzing these interests. To facilitate
this, Pound categorized legal interests into three types: private interests, public interests, and social
interests.

Private interests include an individual's personality rights, such as physical integrity, reputation,
freedom of will, and conscience, protected by laws like criminal law, tort law, and contract law.
They also encompass domestic relations, including marriage, parent-child relationships, and
maintenance claims. Economic aspects like property rights, inheritance, occupational freedom, and
contract freedom also fall under this category. Public interests, on the other hand, represent the
demands of individuals in political life and are divided into the State’s interests as a juristic
person(including its honor, integrity, and corporate property) and State’s interests as a guardian of
social interests, ensuring order and security.

Social interests relate to broader societal well-being and include six key aspects: general security
(laws ensuring public safety and order), security of social institutions (such as family, religion, and
economy), general morals (laws addressing issues like gambling and prostitution), conservation of
social resources (protection of human and material resources), general progress (economic,
political, and cultural advancement), and individual life (self-assertion and opportunities for
growth). Pound further formulated jural postulates, which are fundamental expectations in a
civilized society. These include protection of property acquired through labor, security from
intentional harm, assurance of due care in social interactions, and good faith in contractual
dealings. Later, he expanded these to include job security, societal support in old age, and collective
responsibility for unforeseen misfortunes.

Pound’s theory underscores that the role of law is to harmonize these interests, ensuring a balanced
and just society. Judges and legislators must evaluate and prioritize interests based on experience,
study, and reflection, as emphasized by jurist Cardozo. This pragmatic approach makes law a
dynamic and evolving instrument of social engineering, continuously shaping society to meet its
changing needs.

5. What is the nature and characteristics of law as per Natural School of Jurisprudence.
Ans. The Natural School of Jurisprudence is based on the idea that law is derived from moral
principles, reason, and nature itself. It holds that law is not merely a creation of human authorities
but is rooted in universal and eternal principles of justice that transcend time and geography. This
school of thought emphasizes that legal rules should align with ethical values and higher moral
reasoning. The nature of law under the Natural School is that it is divine, moral, rational, and
immutable. It is seen as superior to man-made laws and is often considered a reflection of a higher
power, human conscience, or reason. Natural law theorists argue that human laws must conform
to natural law to be valid and just. If a law is unjust or contrary to natural principles, it loses its
legitimacy.

The key characteristics of law according to the Natural School include universality, meaning
that natural law applies to all human beings regardless of time, place, or culture. It has a moral
foundation, ensuring that laws uphold justice, fairness, and righteousness. Natural law is
considered higher than positive law, as laws that contradict natural principles are deemed unjust.
It is also based on reason, guiding individuals and societies toward justice through rational
thinking. Another essential feature is its immutability and eternal nature, meaning that unlike
man-made laws, which change over time, natural law principles remain constant. Additionally,
natural law serves as the source of fundamental rights, such as life, liberty, and equality,
influencing legal and constitutional principles across various legal systems.
The origins of natural law can be traced back to ancient Greece, where philosophers like
Heraclitus, Socrates, Plato, and Aristotle laid its foundational principles. The Roman jurists,
including Gaius and Cicero, acknowledged natural law as a universal principle of justice. While
natural law has influenced legal thought throughout history, critics argue that its reliance on
morality and ethics makes it subjective and difficult to apply uniformly in modern legal systems.
Despite this, natural law remains a crucial foundation for understanding justice, legal rights, and
the evolution of legal philosophy.
 CRIMINOLOGY
1. What is victimology?
Ans. Victimology, as per criminology, is the scientific study of victims, their rights, and their role
in the criminal justice system. It examines the impact of crimes on victims, their interaction with
law enforcement, and measures for their protection and rehabilitation.

2. Difference between Parole and Furlough?

Ans. Parole is the conditional release of a prisoner before the completion of their sentence, based
on good behaviour, with supervision and restrictions. Furlough is a short-term temporary release
granted for specific reasons, such as family emergencies or personal matters, and is not based on
conduct.

3. Details included in the report of death of a prisoner?

Ans. As per Section 15 of the Prisons Act, the report on the death of a prisoner must include
details such as the date of illness onset, work and diet on that day, date of hospital admission,
nature of the disease, last medical examination, time of death, and post-mortem findings if
conducted, along with any special remarks by the Medical Officer.

4. Criticism faced by Lombroso theory of criminology?

Ans. Lombroso's theory was criticized for focusing only on biology and ignoring social factors. It
was also rejected for being scientifically incorrect, as criminal traits cannot be identified through
physical appearance.

5. Duties of Medical Officer

Ans. As per Section 13 of the Prisons Act, the Medical Officer is responsible for the sanitary
administration of the prison and must perform duties as prescribed by State Government rules,
under the Superintendent’s control.

6. Power of Deputy and Assistant jailor

Ans. As per Section 20 of the Prisons Act, a Deputy or Assistant Jailor can perform all duties and
bear the responsibilities of a Jailor, subject to the Superintendent’s orders and prison rules.
1. Write in details about Lombroso and His Criminological theory
Ans.

1.⁠ ⁠Contract of indemnity

2.⁠ ⁠guarantee

3.⁠ ⁠Bailment