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Bhutan Bar Examination practice questions

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Question 1Civil Law and Civil Procedure

Under Bhutanese civil law, what is the standard period within which a suit for breach of a simple written contract must ordinarily be instituted before the courts?

  1. One year from the date the breach became known
  2. Twelve years from the date of the breach
  3. Six years from the date the contract was executed
  4. Three years from the date the cause of action arose Correct answer.

Explanation

Bhutanese limitation rules generally require a suit founded on a written contract to be brought within three years from the date on which the cause of action arose. A cause of action arises when the breach occurs or becomes known to the injured party. Filing after this period ordinarily exposes the claim to a limitation defence.

Question 2Civil Law and Civil Procedure

A plaintiff wishes to sue a defendant residing in Thimphu for a dispute over immovable property located in Paro. Which court ordinarily has jurisdiction to hear the suit?

  1. The court at the place where the property is situated Correct answer.
  2. The High Court in Thimphu in the first instance
  3. The court where the plaintiff resides
  4. The court at the place where the defendant resides

Explanation

Suits concerning immovable property are ordinarily brought where the property is situated, because that court is best placed to adjudicate rights over the land. This is a well-recognised exception to the general rule based on the defendant's residence. The plaintiff's residence is generally irrelevant to territorial jurisdiction.

Question 3Civil Law and Civil Procedure

Which of the following is an essential element for the formation of a valid contract under Bhutanese law?

  1. Payment of stamp duty before performance
  2. Free consent of the parties Correct answer.
  3. Approval by the local gewog office
  4. Registration of the agreement with a notary

Explanation

A valid contract requires offer, acceptance, lawful consideration, capacity, lawful object and free consent. Free consent is essential because consent obtained by coercion, undue influence, fraud or mistake may render the contract voidable. Registration and stamp duty are formalities that affect enforceability of certain documents, not the basic formation of all contracts.

Question 4Civil Law and Civil Procedure

A defendant receives a summons but believes the court lacks jurisdiction over him. What is the proper procedural course available to him?

  1. Apply directly to the Supreme Court for transfer of the case
  2. Refuse to appear until the plaintiff withdraws the suit
  3. Ignore the summons and wait for an ex parte decree
  4. File a written objection to jurisdiction before or at the first hearing Correct answer.

Explanation

An objection to the jurisdiction of a court must be raised at the earliest opportunity, ordinarily by written objection at or before the first hearing. If the party submits to the jurisdiction by contesting on merits without objecting, the objection may be treated as waived. Ignoring the summons risks an ex parte decree.

Question 5Civil Law and Civil Procedure

What is the legal effect of a contract entered into by a person who lacks the capacity to contract under Bhutanese law?

  1. It is fully valid and binding on the parties
  2. It is voidable at the option of the other party
  3. It becomes valid upon ratification by any relative
  4. It is void ab initio Correct answer.

Explanation

An agreement made by a person not competent to contract, such as a minor or a person of unsound mind, is void from the beginning. Being void ab initio, it creates no enforceable obligations for either party. Ratification by a relative cannot cure the initial lack of capacity.

Question 6Civil Law and Civil Procedure

A written statement filed by a defendant in a civil suit must ordinarily be filed within what period after service of summons, unless the court extends it?

  1. Seven days
  2. Fifteen days Correct answer.
  3. Thirty days
  4. Ninety days

Explanation

Civil procedure generally requires the defendant to present a written statement within a short prescribed period after service of the summons, commonly fifteen days, with power in the court to extend for sufficient cause. Filing within time allows the court to frame issues promptly. Delay without cause may result in the statement being rejected or the suit proceeding ex parte.

Question 7Civil Law and Civil Procedure

Which of the following best describes the doctrine of res judicata in Bhutanese civil procedure?

  1. A plaintiff may file the same suit in several courts simultaneously
  2. A judgment binds only the judge who delivered it
  3. A court may reopen any judgment if a party later discovers new evidence
  4. A matter already finally decided by a competent court cannot be relitigated between the same parties Correct answer.

Explanation

Res judicata prevents the same parties from litigating the same matter again once a competent court has finally decided it. The doctrine promotes finality of judgments and protects parties from repeated litigation. It does not permit reopening merely because a party later finds fresh evidence, which is dealt with through review or appeal.

Question 8Civil Law and Civil Procedure

In a civil suit, on whom does the burden of proof ordinarily lie?

  1. On the party who asserts a fact and would fail if no evidence were given Correct answer.
  2. On the witness who first testifies
  3. On the defendant in every case
  4. On the court, which must investigate the facts

Explanation

The general rule is that the party asserting a fact must prove it, and the burden rests on the person who would fail if no evidence at all were produced. This principle ensures that the party seeking relief establishes the basis of the claim. The court does not ordinarily assume the role of investigator for either party.

Question 9Civil Law and Civil Procedure

A seller agrees to sell a specified parcel of land to a buyer and later refuses to execute the sale deed. Which remedy is most appropriate for the buyer who still wants the land?

  1. Recovery of the price only
  2. Specific performance of the contract Correct answer.
  3. A declaration that the contract is void
  4. An injunction restraining the seller from selling to others only

Explanation

Where damages would be inadequate, as with a unique parcel of land, the buyer may seek specific performance compelling the seller to complete the sale. Land is generally treated as having special value, so the remedy of specific performance is available. A mere injunction would not transfer title to the buyer.

Question 10Civil Law and Civil Procedure

A contract is induced by the fraudulent misrepresentation of one party. What is the position of the innocent party under Bhutanese contract law?

  1. The contract remains fully valid with no remedy
  2. The contract is automatically void and cannot be enforced
  3. The contract becomes void only upon court conviction of fraud
  4. The contract is voidable at the option of the innocent party Correct answer.

Explanation

Consent obtained by fraud is not free consent, so the contract is voidable at the election of the party whose consent was so obtained. The innocent party may rescind the contract or insist on performance and claim damages. The contract is not automatically void, and no criminal conviction is required.

Question 11Civil Law and Civil Procedure

A plaintiff files a suit in a court that has no pecuniary jurisdiction over the claim. What is the correct consequence?

  1. The court may proceed and the defect is cured by the judgment
  2. The plaint is liable to be returned for presentation to the proper court Correct answer.
  3. The suit is automatically transferred to the High Court
  4. The defendant is deemed to have waived the defect by appearing

Explanation

Where a court lacks pecuniary jurisdiction, it cannot adjudicate the claim and the plaint is ordinarily returned for presentation before the court having jurisdiction. Lack of pecuniary jurisdiction goes to the competence of the court and is not cured by a decree. The proper remedy is presentation to the correct forum.

Question 12Civil Law and Civil Procedure

Which of the following statements about the doctrine of frustration of contract is correct?

  1. Frustration requires the consent of both parties after the event
  2. A contract is frustrated whenever one party finds performance inconvenient
  3. A contract is discharged when performance becomes impossible due to an unforeseen supervening event beyond the parties' control Correct answer.
  4. Frustration converts a valid contract into a voidable one at the option of the buyer

Explanation

Frustration discharges a contract when a supervening event, not contemplated by the parties and beyond their control, makes performance impossible or radically different. Mere inconvenience or increased cost does not amount to frustration. The discharge operates by law rather than by the option of a party.

Question 13Civil Law and Civil Procedure

A civil court is asked to grant a temporary injunction pending the trial of a suit. Which condition must the applicant ordinarily satisfy?

  1. That the opponent has been convicted of a criminal offence
  2. That there is a prima facie case and irreparable injury would result without the order Correct answer.
  3. That the applicant has already won the suit
  4. That the applicant has paid the entire claim amount into court

Explanation

A temporary injunction is granted where the applicant shows a prima facie case, that irreparable injury would result if the order is refused, and that the balance of convenience favours the applicant. The purpose is to preserve the status quo pending trial. The merits are not finally determined at this stage.

Question 14Civil Law and Civil Procedure

What is the principal purpose of pleadings in a civil suit?

  1. To enable the judge to decide the case without a hearing
  2. To replace the need for oral evidence
  3. To allow a party to introduce new facts at any stage without amendment
  4. To define the issues in dispute and give the opposite party notice of the case to be met Correct answer.

Explanation

Pleadings set out the material facts on which each party relies, thereby defining the issues and giving notice of the case to the opponent. They prevent surprise at trial and guide the court in framing issues. Pleadings do not replace evidence or dispense with a hearing.

Question 15Civil Law and Civil Procedure

A judgment-debtor fails to comply with a decree for payment of money. Which of the following is a recognised mode of execution available to the decree-holder?

  1. Arrest of the decree-holder
  2. Automatic transfer of the debt to the court
  3. Cancellation of the decree by the executing court
  4. Attachment and sale of the debtor's property Correct answer.

Explanation

Execution of a money decree may proceed by attachment and sale of the judgment-debtor's property, among other modes such as attachment of debts or, in limited circumstances, detention. These measures compel satisfaction of the decree. The executing court enforces the decree rather than cancelling it.

Question 16Civil Law and Civil Procedure

A party is aggrieved by a decree of a district court. To which court does an appeal ordinarily lie?

  1. The High Court Correct answer.
  2. The Supreme Court directly
  3. The same district court in review
  4. The gewog court

Explanation

Appeals from subordinate courts ordinarily lie to the High Court, which exercises appellate jurisdiction over district court decisions. The Supreme Court is the highest appellate forum and generally hears appeals from the High Court. Review by the same court is a distinct remedy, not an appeal.

Question 17Civil Law and Civil Procedure

Which of the following agreements is most likely to be held void for being opposed to public policy?

  1. An agreement to lease a shop for a fixed rent
  2. An agreement to supply services for a monthly fee
  3. An agreement to sell goods at a discount
  4. An agreement to stifle prosecution of a serious criminal offence Correct answer.

Explanation

Agreements that tend to stifle prosecution or compound a serious non-compoundable offence are contrary to public policy and therefore void. Ordinary commercial agreements for sale, lease or services are enforceable if they satisfy the elements of a valid contract. The objection in the stifling agreement is that it obstructs the administration of justice.

Question 18Civil Law and Civil Procedure

A defendant wishes to raise a counterclaim against the plaintiff in the same suit. What is the proper procedural step?

  1. Raise it orally at the time of judgment
  2. File a separate suit in a different court
  3. Include the counterclaim in the written statement Correct answer.
  4. Apply to the Supreme Court for permission

Explanation

A counterclaim is ordinarily pleaded in the written statement so that it can be heard and determined together with the plaintiff's claim. This avoids multiplicity of proceedings and ensures the same court decides related disputes. A separate suit is unnecessary and may invite a stay for duplication.

Question 19Civil Law and Civil Procedure

Which of the following is a distinguishing feature of a voidable contract?

  1. It is unenforceable from the outset by either party
  2. It can never be enforced by the aggrieved party
  3. It is automatically terminated upon formation
  4. It remains valid unless the aggrieved party elects to rescind it Correct answer.

Explanation

A voidable contract remains valid and enforceable unless the party whose consent was vitiated elects to rescind it. Until rescission, the contract subsists and may be enforced. This distinguishes it from a void agreement, which has no legal effect from the start.

Question 20Civil Law and Civil Procedure

In a civil trial, which of the following best describes the standard of proof ordinarily applied?

  1. Preponderance of probabilities Correct answer.
  2. Proof by unanimous expert opinion
  3. Proof by the defendant's admission alone
  4. Proof beyond reasonable doubt

Explanation

Civil proceedings are decided on the balance of probabilities, meaning the court weighs whether the claimant's version is more likely than not. The higher standard of beyond reasonable doubt applies in criminal cases. Expert opinion and admissions are forms of evidence but not the standard of proof itself.

Question 21Civil Law and Civil Procedure

A contract contains a clause providing that a specified sum shall be payable on breach. How would a Bhutanese court ordinarily treat such a clause?

  1. As a genuine pre-estimate of damages if it reasonably reflects anticipated loss, otherwise as a penalty Correct answer.
  2. As entirely void and unenforceable in all cases
  3. As a criminal fine payable to the state
  4. As an automatic penalty enforceable in full regardless of actual loss

Explanation

A clause fixing a sum on breach is enforceable as liquidated damages where it is a genuine pre-estimate of the loss likely to flow from the breach. If the sum is extravagant and unconscionable relative to the loss, it is treated as a penalty and relief may be given. It is neither automatically enforceable in full nor wholly void.

Question 22Civil Law and Civil Procedure

A plaintiff discovers that the judge who decided the suit had a close personal interest in the subject matter. What is the appropriate remedy?

  1. Seek review or appeal on the ground of bias Correct answer.
  2. Request the defendant to waive the objection
  3. File a fresh suit before the same judge
  4. Apply for execution of the decree

Explanation

A judgment given by an interested or biased adjudicator is vulnerable, and the aggrieved party may seek review or appeal on that ground. The principle of natural justice requires an impartial tribunal. Filing a fresh suit before the same judge would not cure the defect.

Question 23Civil Law and Civil Procedure

A suit is instituted against a partnership firm in its firm name. What is the procedural position regarding the partners?

  1. Only the managing partner may ever be sued, and others are immune
  2. The partners are automatically exempt from liability
  3. The plaintiff may proceed against the firm, and the partners may be joined or proceeded against in accordance with the applicable rules Correct answer.
  4. The suit is void unless every partner is first arrested

Explanation

Where a suit is brought in the name of a firm, the applicable rules permit the plaintiff to proceed against the firm and to join the partners as parties or to proceed against them after satisfying prescribed conditions. Partners are not automatically immune from liability for firm obligations. The procedural rules exist to ensure the correct parties are before the court.

Question 24Civil Law and Civil Procedure

Which of the following situations would most likely justify the court in allowing an amendment of pleadings after the trial has begun?

  1. The amendment seeks to change the identity of the plaintiff to a stranger
  2. The amendment is sought solely to delay the proceedings
  3. The amendment corrects a clerical error or clarifies an issue already in controversy without causing prejudice Correct answer.
  4. The amendment introduces a wholly new and unrelated cause of action to defeat limitation

Explanation

Amendments are liberally allowed where they correct errors or clarify matters already in issue and do not prejudice the other side. Courts refuse amendments that introduce an unrelated cause of action to circumvent limitation or that cause unjustifiable prejudice. The discretion is exercised to promote the ends of justice.

Question 25Civil Law and Civil Procedure

A contract between two parties includes a clause referring future disputes to arbitration. A party nevertheless files a civil suit on the same dispute. What is the ordinary consequence?

  1. The other party may apply to have the suit referred to arbitration before submitting its first statement on the merits Correct answer.
  2. The arbitration clause is automatically void once a suit is filed
  3. The court must always hear the suit on merits and ignore the clause
  4. The court must transfer the case to the police

Explanation

Where there is a valid arbitration agreement, a party may apply to the court, before submitting its first statement on the merits, to refer the parties to arbitration. The court ordinarily respects the parties' agreement to arbitrate. Failure to object at the proper stage may amount to submission to the court's jurisdiction.

Question 26Civil Law and Civil Procedure

Under the law of contract in Bhutan, which of the following is required for a valid acceptance of an offer?

  1. It must be registered with the court before it takes effect
  2. It must be communicated to the offeror by the offeree or an authorised agent Correct answer.
  3. It must always be made in writing and signed by both parties
  4. It must be supported by fresh consideration from the acceptor

Explanation

Acceptance becomes complete only when it is communicated to the offeror, and silence generally does not amount to acceptance unless the parties have agreed otherwise. The law does not require writing, fresh consideration, or court registration for an ordinary acceptance to be valid.

Question 27Civil Law and Civil Procedure

A creditor obtains a money decree against a debtor. The debtor owns a house but no cash, and refuses to pay. Which of the following is the most appropriate step for the decree-holder?

  1. Apply for attachment and sale of the debtor's house in execution proceedings Correct answer.
  2. File a fresh suit on the same claim in a higher court
  3. Request the court to imprison the debtor indefinitely without any inquiry
  4. Refer the dispute to arbitration without the debtor's consent

Explanation

Where a judgment-debtor fails to satisfy a money decree, the decree-holder may seek execution, and attachment and sale of the debtor's property is a recognised mode of realising the decretal amount. A fresh suit on the same claim would be barred, and detention requires a court's satisfaction after inquiry.

Question 28Civil Law and Civil Procedure

A defendant in a civil suit receives the plaint and summons but does not file a written statement within the time allowed, and later seeks to file it. How should the court ordinarily approach such a request?

  1. It must permanently shut out the defendant because the right to defend lapses automatically
  2. It must decree the suit immediately without any hearing on the merits
  3. It must transfer the case to another court for default of the defendant
  4. It may allow the written statement to be taken on record on payment of costs or on terms, since the delay is procedural Correct answer.

Explanation

Procedural time limits for filing a written statement are generally directory rather than mandatory, so courts may permit late filing on terms such as costs, provided the delay is explained and no prejudice is caused. Shutting out the defence is a discretionary sanction, not an automatic consequence.

Question 29Civil Law and Civil Procedure

Which of the following statements about the doctrine of consideration in Bhutanese contract law is correct?

  1. A promise made without any consideration is enforceable in every case
  2. Consideration may be past, present or future, and need not be adequate so long as it is lawful and real Correct answer.
  3. Consideration must always move from a stranger to the contract
  4. Consideration must always equal the market value of the promise

Explanation

Consideration must be lawful and real but need not be adequate; the courts do not ordinarily inquire into the fairness of the bargain. It may be past, present or future, and it must move from the promisee rather than a stranger.

Question 30Civil Law and Civil Procedure

A plaintiff sues for breach of contract and, at trial, seeks to introduce a document that was not mentioned in the pleadings or in the list of documents previously filed. The defendant objects. What is the court's most appropriate approach?

  1. It must decide the case solely on the pleadings without receiving any evidence
  2. It may allow the document to be produced if it is relevant and no prejudice is caused, subject to costs or adjournment Correct answer.
  3. It must dismiss the entire suit for concealment of evidence
  4. It must reject the document because pleadings can never be supplemented at trial

Explanation

Rules of procedure are intended to secure a fair trial rather than to defeat justice on technicalities, so a relevant document may be admitted later on terms such as costs or an adjournment where the other side is not prejudiced. Dismissal of the suit or total exclusion of evidence is disproportionate.

Question 31Criminal Law and Criminal Procedure

Under the Penal Code of Bhutan, which of the following best describes the mental element required for an offence to be treated as a felony rather than a misdemeanour?

  1. The offender must act with a specific culpable mental state and the penalty scale for felonies applies Correct answer.
  2. Only acts committed with premeditation and in public are felonies
  3. Any act causing loss to another person is automatically a felony
  4. The offender's motive alone determines whether the offence is a felony

Explanation

Bhutanese criminal law classifies offences by the penalty scale attached to them, and felonies are those carrying the more serious scale of punishment. Establishing a felony generally requires proof of the culpable mental state defined for that offence. Motive is not the classifying criterion, and mere loss to another does not elevate an offence.

Question 32Criminal Law and Criminal Procedure

A person who attempts to commit an offence but fails because of circumstances beyond his control is generally liable under Bhutanese law in what manner?

  1. He is liable only if he voluntarily abandoned the attempt
  2. He is liable for the attempt punishable under the Penal Code Correct answer.
  3. He is liable only if the intended offence was a felony
  4. He is fully absolved because the offence was never completed

Explanation

Criminal attempt is itself an offence under the Penal Code of Bhutan, so a person who takes a substantial step toward a crime but fails for reasons outside his control may be punished for the attempt. Voluntary abandonment before completion is treated differently from failure caused by external circumstances.

Question 33Criminal Law and Criminal Procedure

Which statement correctly reflects the Bhutanese law on private defence as a ground for excluding criminal liability?

  1. Any retaliation after an attack ends is permitted as private defence
  2. Private defence requires that the defender first retreat from the scene
  3. Force used in private defence must be proportionate to the threat faced Correct answer.
  4. Private defence is available only to police officers

Explanation

Private defence excuses conduct taken to repel an unlawful attack, but the response must be necessary and proportionate to the danger. Excessive force can itself attract liability. The defence is available to any person, not only officials, and there is no general duty to retreat first.

Question 34Criminal Law and Criminal Procedure

A senior official demands money from a contractor by threatening to cancel an existing government contract. Which offence is most appropriately charged?

  1. Petty misdemeanour of breach of contract
  2. Criminal trespass, because the official entered the contractor's premises
  3. Extortion, because property is obtained by putting the person in fear Correct answer.
  4. Cheating, because the contractor was deceived about the official's authority

Explanation

Extortion involves obtaining property or valuable advantage by intentionally putting another person in fear of harm. Threatening to cancel a contract to extract money fits that description. Cheating requires deception rather than intimidation, and no trespass or mere contractual breach is involved.

Question 35Criminal Law and Criminal Procedure

In Bhutanese criminal procedure, which authority is generally empowered to investigate an offence and forward the case for prosecution?

  1. The Election Commission
  2. The National Council
  3. The Royal Bhutan Police Correct answer.
  4. The Office of the Attorney General

Explanation

The Royal Bhutan Police is the primary investigating agency in Bhutan and is responsible for collecting evidence and referring cases for prosecution. The Office of the Attorney General conducts prosecutions, while the National Council and Election Commission perform legislative and electoral functions respectively.

Question 36Criminal Law and Criminal Procedure

A police officer wishes to arrest a person suspected of a cognizable offence without a warrant. Which condition best reflects Bhutanese criminal procedure?

  1. Warrantless arrest is permitted only for misdemeanours
  2. Warrantless arrest is allowed where the officer has reasonable grounds to believe the person committed a cognizable offence Correct answer.
  3. Warrantless arrest requires prior written approval of the Attorney General in every case
  4. Warrantless arrest is never permitted under Bhutanese law

Explanation

The Criminal Procedure Code of Bhutan allows a police officer to arrest without a warrant where there are reasonable grounds to believe a person has committed a cognizable offence. This power is subject to safeguards such as prompt production before a court. It is not limited to misdemeanours and does not require prior approval in every case.

Question 37Criminal Law and Criminal Procedure

After an arrested person is taken into custody, Bhutanese criminal procedure requires that the person be produced before a court within what general time frame?

  1. Within 7 days of arrest
  2. Only when the investigating officer chooses to do so
  3. Within 48 hours only if the offence is a felony
  4. Within 24 hours, excluding time necessary for the journey Correct answer.

Explanation

The Criminal Procedure Code of Bhutan requires that an arrested person be brought before a court without unnecessary delay, generally within 24 hours of arrest, excluding travel time. This safeguard protects against arbitrary detention. Longer detention requires judicial authorisation.

Question 38Criminal Law and Criminal Procedure

Which of the following best describes the presumption of innocence in Bhutanese criminal trials?

  1. The accused must prove his innocence once charged
  2. The prosecution must prove guilt beyond a reasonable doubt Correct answer.
  3. The court may presume guilt from the seriousness of the charge
  4. Guilt is presumed if the accused remains silent

Explanation

A fundamental principle of Bhutanese criminal justice is that an accused is presumed innocent until the prosecution establishes guilt beyond a reasonable doubt. The burden rests on the prosecution, and silence or the gravity of the charge cannot substitute for proof.

Question 39Criminal Law and Criminal Procedure

A defendant was convicted after the trial court relied solely on a confession obtained through physical coercion. What is the strongest basis for challenging the conviction on appeal?

  1. The offence was only a misdemeanour
  2. The confession was not recorded in writing
  3. The defendant was not offered a lawyer at the police station
  4. The confession was involuntary and therefore inadmissible Correct answer.

Explanation

A confession extracted by force or coercion is involuntary and cannot be relied upon as proof of guilt. Bhutanese law and fair-trial principles exclude such evidence. The absence of a written record or counsel may be procedural irregularities, but the core defect is the involuntariness of the confession.

Question 40Criminal Law and Criminal Procedure

Which court in Bhutan generally serves as the first instance court for most criminal cases at the district level?

  1. The Gup's Court
  2. The Supreme Court
  3. The High Court
  4. The Dzongkhag Court Correct answer.

Explanation

The Dzongkhag Court is the district-level court that hears most criminal cases at first instance. The Supreme Court and High Court are appellate courts, and the Gup's Court handles minor local disputes rather than serious criminal matters.

Question 41Criminal Law and Criminal Procedure

Under Bhutanese law, a child below what age is generally treated as incapable of committing an offence because of infancy?

  1. Below 10 years Correct answer.
  2. Below 16 years
  3. Below 7 years
  4. Below 12 years

Explanation

Bhutanese criminal law recognises that a child below ten years of age cannot be held criminally responsible because of infancy. Older children may be subject to the juvenile justice framework rather than ordinary adult punishment. This age threshold reflects the recognition that very young children lack the capacity to form criminal intent.

Question 42Criminal Law and Criminal Procedure

A man finds his neighbour's cattle destroying his crops and, in anger, later that night goes to the neighbour's house and beats him. Which defence is least likely to succeed?

  1. Insanity, because of his anger
  2. Private defence, because the attack had already ended Correct answer.
  3. Mistake of fact, because he believed the cattle were his
  4. Infancy, because of his age

Explanation

Private defence requires a present or imminent unlawful attack; once the cattle damage has ceased and the offender later seeks out the neighbour, the force is retaliatory rather than defensive. Anger does not amount to insanity, and the facts do not suggest a mistake or infancy. The defence of private defence is therefore least likely to succeed.

Question 43Criminal Law and Criminal Procedure

Which of the following is the essential distinguishing feature of theft under the Penal Code of Bhutan?

  1. Damaging another person's property
  2. Keeping property that was lost and later found
  3. Dishonestly taking movable property out of another's possession without consent Correct answer.
  4. Refusing to repay a lawful debt

Explanation

Theft involves the dishonest taking of movable property from another person's possession without that person's consent, with intent to deprive. Merely failing to return a debt or damaging property does not meet the definition. Lost property may give rise to a different offence if dishonestly retained.

Question 44Criminal Law and Criminal Procedure

A public servant accepts a sum of money from a businessman in exchange for awarding him a government contract. Which offence is most directly established?

  1. Forgery
  2. Cheating
  3. Bribery Correct answer.
  4. Criminal breach of trust

Explanation

Bribery is committed when a public servant accepts or obtains a gratification as a motive or reward for doing or forbearing to do an official act. Accepting money to award a contract squarely fits this offence. Forgery and cheating involve deception or false documents, and criminal breach of trust involves entrusted property.

Question 45Criminal Law and Criminal Procedure

In Bhutanese criminal procedure, what is the primary purpose of framing a charge against the accused?

  1. To replace the need for a trial
  2. To allow the judge to decide the sentence in advance
  3. To inform the accused of the accusation so he can prepare his defence Correct answer.
  4. To shift the burden of proof to the accused

Explanation

Framing a charge gives the accused clear notice of the offence alleged so that he can understand the case and prepare a defence. It does not shift the burden of proof, determine sentence in advance, or dispense with trial. Notice and fair opportunity to respond are central to a fair hearing.

Question 46Criminal Law and Criminal Procedure

An accused is acquitted by the trial court. The prosecution wishes to challenge the acquittal. Which course is procedurally appropriate in Bhutan?

  1. The prosecution may ignore the judgment and retry the case in another district
  2. The prosecution may simply arrest the accused again on the same facts
  3. The prosecution may ask the trial judge to reconsider the verdict indefinitely
  4. The prosecution may file an appeal against the acquittal before the higher court Correct answer.

Explanation

An appeal is the proper mechanism for the prosecution to challenge an acquittal, and it is heard by the higher court under Bhutanese procedure. Re-arresting on the same facts after acquittal would offend the rule against double jeopardy. A court cannot be asked to reconsider its judgment indefinitely.

Question 47Criminal Law and Criminal Procedure

Which of the following best captures the rule against double jeopardy in Bhutanese criminal law?

  1. A person acquitted or convicted of an offence cannot be tried again for the same offence Correct answer.
  2. A person may be retried if the first trial was quick
  3. A person may be tried repeatedly until the prosecution succeeds
  4. Double jeopardy applies only to misdemeanours

Explanation

The rule against double jeopardy protects a person who has been acquitted or convicted of an offence from being tried again for the same offence. This safeguard prevents harassment through repeated prosecutions. It applies to offences generally and does not depend on the speed of the first trial.

Question 48Criminal Law and Criminal Procedure

A person is charged with an offence that carries a maximum penalty of imprisonment for one year. How would this offence most likely be classified under Bhutanese law?

  1. A misdemeanour Correct answer.
  2. Not an offence at all
  3. A felony
  4. A petty misdemeanour

Explanation

Bhutanese law classifies offences by the scale of punishment, and offences carrying imprisonment in the range of about one to three years are generally misdemeanours. Felonies carry heavier penalties, while petty misdemeanours carry lighter ones. The one-year maximum therefore points to misdemeanour classification.

Question 49Criminal Law and Criminal Procedure

In Bhutanese criminal proceedings, the standard of proof the prosecution must satisfy in a criminal trial is best described as:

  1. Preponderance of evidence
  2. Balance of probabilities
  3. Beyond reasonable doubt Correct answer.
  4. Clear and convincing evidence only

Explanation

The prosecution in a Bhutanese criminal trial must prove the accused's guilt beyond a reasonable doubt. This is a higher standard than the balance of probabilities used in civil cases. It reflects the presumption of innocence and the serious consequences of criminal conviction.

Question 50Criminal Law and Criminal Procedure

A woman is attacked with a knife and, in defending herself, strikes the attacker with a stick, causing injury. Which factor is most important in assessing whether her conduct is justified?

  1. Whether the injury was serious
  2. Whether she shouted for help first
  3. Whether the force used was proportionate to the threat Correct answer.
  4. Whether the attacker was a stranger

Explanation

Private defence depends on the necessity and proportionality of the force used in relation to the threat faced. Whether the attacker was a stranger or whether help was called is not decisive. The seriousness of the resulting injury is relevant only insofar as it reflects the degree of force used.