All India Bar Examination (AIBE) 2-II Previous Year Question Papers with Answers

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61.

A killed B's parents and was tried for murder. However, A was acquitted for lack of conclusive evidence as C, a key eyewitness, turned hostile during the trial. B now wishes to kill A as 'punishment' for causing the deaths of B's parents. B also wishes to kill C for helping A evade punishment. Which of the following statements is the most accurate application of the principle below ?


Principle :

According to J.S. Mill's 'harm principle', the legitimate basis on which society can interfere with the liberty of an individual is to ensure prevention of harm to others.
A: Society now has no legitimate basis to stop B from killing A as it filed t prevent A from killing B's parents; however, it can prevent B from killing C because C did not directly harm B's parents.
B: Society has a legitimate basis to stop B from killing A and C because it can interfere with B's liberty to prevent harm to A and C
C: Society has a legitimate basis to stop B from killing C; however, according to the 'doctrine of clean hands', A will not be protected because he is guilty of violating the 'harm principle' in the first place.
D: Society has a legitimate basis to attempt to prevent B from killing A and C because B wishes to harm them; however, if B succeeds in killing them despite the society's preventive measures, society has no legitimate basis to punish B as they failed to punish B in the first place.
E: Society has a legitimate basis to stop B from killing A and C because it can interfere with A's liberty to prevent harm to A and C; however, it can choose not to in order to ensure that A and C do not harm anyone else.

The answer is: B

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Explanation

The most accurate application of the principle provided is option B: "Society has a legitimate basis to stop B from killing A and C because it can interfere with B's liberty to prevent harm to A and C."

Explanation:

• According to J.S. Mill's 'harm principle,' society can interfere with an individual's liberty to prevent harm to others. In this case, B wishes to kill both A and C.


• B's intention to harm A and C is clear, and society has a legitimate basis to prevent such harm, as it aligns with the 'harm principle.'
Society has a duty to protect individuals from harm, regardless of the circumstances surrounding A's acquittal. The harm principle focuses on preventing harm, and B's intentions to kill A and C constitute a potential threat to their lives.


Options A, C, D, and E do not accurately reflect the application of the harm principle in this scenario. Option A incorrectly suggests that society cannot prevent B from killing A, which contradicts the harm principle's purpose. Option C introduces the 'doctrine of clean hands,' which is not relevant to the harm principle. Option D suggests that society cannot punish B if they succeed in killing A and C, which is not consistent with legal principles. Option E introduces the idea of society choosing not to interfere, which does not align with the harm principle's core principle of preventing harm to others.