MAH LLB 3 Year CET 2026 (1 April Shift 1)
Legal Principle: All citizens shall have the Right to Freedom of Speech and Expression under Article 19 of the Constitution of India, which is a Fundamental Right with some reasonable restrictions.Factual Situation: Mr. Sinha, a famous English writer and orator, criticized another novelist, Mr. Rahul, stating that: "The novel of Mr. Rahul is irrational and indecent, his mind is impure, he is of a loose character, he should write a decent and good novel."Decide: Can Mr. Sinha be sued for defamation?
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Answer: Option A — He is liable to be sued for defamation if his statement was not true or was said with a mala fide intention.
Detailed Solution
Free speech is subject to reasonable restrictions, and defamation is one of the grounds in Article 19(2).
Criticising the novel is fair comment, but calling Rahul impure and of loose character attacks his reputation; truth and good faith are the defences, so he is liable if the words were false or made with mala fide intent.
Options B, C and D treat the right as absolute, which the principle itself denies by mentioning reasonable restrictions.
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Legal Reasoning — Preparation
This question tests your understanding of Legal Reasoning, a key topic in the Legal Aptitude section. The detailed solution above uses a step-by-step approach to show the reasoning, and where available, a shortcut that helps you solve similar questions in under 90 seconds during the actual exam.
Legal Reasoning is part of the Legal Aptitude & Legal Reasoning section of MAH LAW CET (32 questions in the 5-year LLB paper, 24 in the 3-year paper). Topics: Applying a given legal principle to a set of facts — the main question type in the Law CET legal section, with principles extracted from previous years' papers. Practise Law CET-level MCQs with step-by-step explanations.