law of crime (situational question and answers) - llb - sem 6

LAW OF CRIMES

SITUATIONALS

OCTOBER 2015

Q1.    Shanata, a young tribal is called to the police station alongwith family, for inquiries. When she is alone, the constable takes her to a shed behind the police station. There, he ask her to remove her clothes and had sexual intercourse with her. Shanta does not object. After a few days shanta files a case of rape against the constable.

1.   Would the constable be guilty? Give reasons.

Yes, the constable shall be guilty of the offence of custodial Rape as laid down in sub-section (2) of section 376. He shall be punished with the rigorous imprisonment for a term not less than 10 years, but which may extend to imprisonment for a life. As per explanation provided to sub-section (2) of section 376, in case of custodial rape, the absence of the consent of the women shall be presumed.

2.   Is this problem based on any decided case? What were the changes made in law accordingly?

Yes, the decided case by the Supreme Court of India- (Vishakha & Others V/s. State of Rajasthan Others, AIR 1997 S.C 3011). The Criminal Law Amendment Act, 2013 made changes in the IPC and added new section 376 (1), (2) (a) to (n) making custodial rape punishable with not less than 10 years rigorous imprisonment upto life imprisonment and also the presumption of absence of consent by the victim.

Q2.    Aamir gives a bottle of poison to Salman, a minor and asks him to put in Adil’s tea. Salman does so and Adil dies.

1.   What is the liability of Salman?

There is no criminal liability for Salman. If he is the minor below 7 years of age, he is considered to be incapable by law to commit a crime, and hence, cannot be held liable criminally.

2.   What is the liability of Aamir?

Aamir can still be held liable under section 107 Exlanation (a) which states that abettor can be held liable even when the person abetted is incapable by law of committing an offence.

Q3.    A,B,C,D, and E gather together in an empty shed for staeling from Sheila’s house. B and D bring weapons such as a knife, hockey Stick, etc. however, at the last moment B,C,D, and E get scared and go back to home. A alone enters the house of Sheila and takes the painting. The watchman sees him taking it and tries to stop him. A punches him and runs away with the painting.

1.   What offence is A guilty of?

A is guilty of the offence of Robbery under section 390 and also the offence of Criminal Trespass under section 441 of the IPC. And also Causing Hurt while carrying away stolen property during theft.

2.   Are A,B,C,D and E guilty of any offence? Give reason?

Since A,B,C,D and E all persons five in number assembled together to commit the offence of dacoity, each of them shall be punished with rigorous imprisonment upto 7 years and shall also be held liable to fine under section 402. B and D could also be guilty of abetment of the weapons they have provided, have been used in commission of offence.

APRIL 2015

Q1.    ‘A’ who wishes to go to Goa for vacation, cannot get a ticket. His friend ‘B” has a ticket but is unable to go. ‘A’ travels by the train on ‘B’ ticket. In the train, ‘A’ finds a mobile phone left behind by somebody and keeps in in his bag. At a station ‘A’ urinates on the railway platform. At night he tear off a part of the seat cushion and use it as a pillow.

1.   Has ‘A’ committed any offence by travelling on ‘B’s ticket?

Yes, ‘A’ has committed an offence of Cheating by personation (Section 416)

2.   Is ‘A’ guilty of any offence?

Yes, the offence of Criminal Misappropriation of property by keeping a mobile in his bag (Section 403); by urinating on the railway platform, he has committed the offence of making atmosphere noxious to health (section 278); by tearing off a part of a seat cushion, he has committed the offence of Mischief (section 425).

Q2.    Jay enters the house of Mr. Shah through the bedroom window at night. In the darkness jay tries to open the cupboard in the bedroom. Mrs. Shah in the darkness mistakes Jay for her husband and invites over to bed. Jay has sexual intercourse with Mrs. Shah in the darkness and leaves the house quietly.

1.   Mrs. Shah has filed a case of Rape. Is Jay guilty?

Yes, Jay is guilty of the offence of rape under section 375. She gives her consent because she believes that he is another man to whom she is lawfully married. (i.e she takes him to be her husband)

2.   Is Jay guilty of any other offence?

Yes, Jay is guilty of Lurking House trespass with intention to commit theft (Section – 454)

Q3.    Shree hides behind the curtains and clicks pictures of Seema, a model, when she is changing clothes during a fashion show.

1.   Is Shree guilty of any offence?

Shree is guilty of the offence of Voyeurism i.e. gratification derived from observing secretly the body parts of the woman without clothes and thereby disturbing the privacy of a woman (Section – 354C).

2.   If Shree was Seema’s boyfriend and she willingly allowed him to take pictures, and he later on shows it to his friends. What would be your answer?

In this case, Shree is liable for the offence of sexual harassment under Section 354A.

NOVEMBER 2014

Q1.    Mangesh a married man, who is citizen of India, has sexual intercourse with Julie, a married European woman if France.

1.   If Adultery is an not offence in France, can Mangesh be found guilty in India.

Yes, though adultery in not offence in France, Mangesh can be tried and if found guilty he can be punished according to the provisions of the India Penal Code, 1860 as laid down in Section 3 and the provision of Section 4 read with Section 188 of the Cr. P.C (i.e Extra – Territorial operation of the IPC) apply.

2.   Can Julie he held guilty of Adultery in India?

No, Julie cannot be held guilty of adultery in India.

Q2.    Tipu, a 15 year old boy is unhappy in his parent’s home at Pune. He is promised by Irfan that if he comes with him to Mumbai he will be taken care of. Tipu willingly goes with Irfan to Mumbai. There Irfan maims Him and puts him to begging.

1.   What offence is Irfan guilty of?

Irfan is gulty of the offence of Kidnapping from unlawful guardianship (Section – 361) forced labour (Section – 374), and for the offence of grievous hurt (Section – 320) defined under the IPC.

2.   If Tipu was an orphan, would the answer have been any different?

In such case, Irfan can be held liable for the offence of forced labour and grevious hurt.

Q3.    A enters the house of B through an open window at 8 p.m. he leaves a threatening letter on the dining table in the name of B stating that if B not give him 5 lakh rupees within a week, his house will be burnt down.

1.   What are the offence A is guilty of?

A is guilty of Lurking house – trespass by night defined under Section – 457 of the IPC, and also for the offence of putting or attempting to put a person in fear of injury for the purpose of committing Extortion (Section – 385 of IPC)

2.   If A did the same act to leave behind a birth day card for B would he be guilty of any offence?

In such case, A is guilty of the offence under Section 457 of the IPC of Lurking house – trespass and not for Extortion.

MAY 2014

Q1.    Arif while waiting for a bus at a bus stop, scratches the bench at the bus stop with his pen and spits on the ground. Later, he whistles at a girl standing at the bus stop and sings as obscene song. On board the bus, he rubs up against a woman.

1.   Name any two offences which Arif is guilty of. Give reason for your answer.

1.   Scratching the bench – causing damage to the property amounts to the offence of Mischief (Section – 425)

2.   Rubbing up against a women – amounts to the offence of using criminal force to woman with intent to outrage her modesty (Section – 354) and sexual harassment (Section – 354A)

2.   If Arif looks intensely at the woman and twists his mustache, scaring her without touching her, would he be guilty of any offence?

Yes, Arif is guilty of the offence of Stalking (Section – 354D)

Q2.    Mr. Alex who is the Consul General of a Foreign country in India, is in the habit of stealing things belonging to visitors at the consulate. He passes off the stolen things to his servant Ramu, who sells the stuff and hand over the money to Alex after retaining his cut.

1.   Discuss the laibilty of Alex.

Alex being the Consul General of a Foreign Country in India, is entitled to the immunity from criminal liability.

2.   Discuss the liability of Ramu.

Ramu is still liable for the offence of receiving stolen property and criminal misappropriation of property.

Q3.    ‘A’ says of a book published by ‘Z’ – “The Book is foolish and indecent. ‘Z’ must be a weak man”. ‘B’ says – “The book is foolish and indecent, for ‘Z’ is a weak man”.

1.   Discuss the reasons the criminal liability of ‘A’.

Under Exception No. 6 provided to Section 499, there is no offence of Defamation committed by ‘A’ as he is within this Exception, if he says this in good faith, in as much as, the opinion which he express of Z, respect Z’s character only so far as it appears in Z’s book, and no further.

2.   Discuss with reasons the criminal liability of ‘B’.

‘B’ is liable for the offence of defamation. He is not within this Exception, in as much as, the opinion which he expresses of Z’s character is an opinion not founded on Z’s book.

NOVEMBER 2013

Q1.    “A” in support of a just claim which “B” has against “Z” for Rs. 1000/-, falsely swears on trail that he heard “Z” admit the justice of “B” claim.

1.   Explain the offence committed by “A”.

“A” has committed the offence of giving False Evidence (i.e Perjury) under Section 191 of the IPC. By stating that he heard Z admitting the claim of B. A has stated this falsely.

2.   Give two example of False Evidence.

1.   Making False evidence on Oath.

2.   Making a statement on Oath which he does not believe it to be true.

Q2.    “A” finds a gold ring on the highway and takes it home. He converted it into a gold chain.

1.   Explain the Offence committed by “A”.

“A” by taking a gold ring, commits no theft, though by converting it into a gold chain and using it, he has committed the offence of Criminal Misappropriation of Property.

2.   What is the difference between the Criminal Misappropriation of Property and Breach of Trust?

In criminal misappropriation of property, property comes into the possession of offender casually or innocently, but afterwards he misappropriates it; In criminal breach of trust, the offender is lawfully entrusted with the property, but afterwards he dishonestly misappropriation it in breach of trust reposed in him.

Q3.    A person enters his neighbor’s house through the window.

1.   Which offence he has committed?

He has committed the offence of house trespass under Section 442.

2.   What are the different ways to commit the same offence?

1.   House trespass in order to commit offence punishable with death.

2.   House trespass in order to commit offence punishable with imprisonment for life.

APRIL 2013

Q1.    Sunil and his friend go to dance bar. There they get into a sudden fight with another group of persons over a dance. During the fight, sunil grabs a beer bottle and hits it on the head of the another person. That person suffers head injuries and dies in the hospital.

1.   What will be the crime for which Sunil will be tried?

Culpable Homicide for not amounting to murder – the act is covered under the exception 4 of Section – 300, Act committed without pre-mediation in a sudden fight in the heat of passion upon a sudden quarrel and without the offender having taken undue advantage of the situation or acted in a cruel or unusual manner. Hence, the maximum punishment would be life imprisonment and the judge would have a discretion to award a lesser sentence.

2.   Would it be any different if the other group was from a rival gang and Sunil and his friends had come to the bar deliberately on hearing that they were present there? If so, what would be the effect on the probable punishment?

It would be murder – because the act of going to the bar deliberately would show pre-mediation. Hence, the only probable punishment would be death or life imprisonment, no discretion is available to judge to award a lesser sentence.

Q2.    Amar while travelling by train pulls out his pen and digs holes in the seat of the train. He then makes vulgar gestures at a woman travelling in the same compartment. When another passenger intervenes, he gets into a fight with him and scares all other passengers.

1.   State with reason, two offences which Amar is guilty of.

1.   Digging hole in the train seats – Mischief (Section 425)

2.   Making vulgar gesture  - words, gesture or act intended to outrage modesty of woman (Section 509)

3.   Fighting in public – Affray (Section 159)

2.   If Amar spits in the train compartment, can he be punished of any crime?

Spitting in train – Public Nuisance (Section 268)

Q3.    Shridhar has not received his election voting card. His brother who looks similar to him has gone out of town. So he goes and votes using his brother’s voting card. The local MLA promises him that he shall help him in his son’s school admission of he votes his party.

1.   What offence did Shridhar guilty of?

Personation at election (Section 171D); Cheating by Personation (Section 420)

2.   Is the local MLA guilty of any offence?

Yes the Local MLA is guilty of offence of Bribery or Undue influence at election (Section 171B/171C)

NOVEMBER 2012

Q1.    Rex, a married man has sexual intercourse with an unmarried woman, Anna, and a married woman, Tina. Julie, the wife of Rex, and John, the husband of Tina, have proof of this fact. Discuss –

1.   Julie wants to file a case of adultery under IPC against Anna. Can she?

No, she cannot file a case, because, the offence of adultery is committed by a man alone, and the woman with whom adultery is committed is not liable to punishment.

2.   John wants to file a case of adultery under the IPC against Tina for adultery. Can he?

No, he cannot. John can file a case for adultery against Rex who is married man, but his wife Tina cannot be held liable for the offence of adultery. John may take civil action for divorce against Tina on the Ground of adultery.

Q2.    A circus performer, Ramu trains his monkey to climbs building and enters homes through windows in order to take away things lying on the table and bring them to him, Ramu has a friend Rahim who owns a second hand goods store. He receives such articles from Ramu at a cheap rate and sells them.

1.   Is Ramu guilty of any offence? Give Reason.

Yes, Ramu is guilty of offence of theft under Section 378 of the IPC. He got the articles removed from the homes by causing monkey to enter into the home, and thus caused wrongful loss to the owners and wrongful gain to himself {Explanation 4 to Section 378}

2.   Is Rahim guilty of any offence? Give reasons.

Yes, Rahim is guilty of receiving stolen property having reason to believe the same to be stolen property. (Section 411 of the IPC)

Q3.    Shyam, a 20 years old boy and Sheela, a 17 years old girl, are in love. Her parents find out and send Sheela away to her uncle’s house in another town. Sheela abandons her uncle’s home and come to another place and calls Shyam. She ask him to meet her there. Shaym goes there and they stay together at a hotel for a few days. They are found there by the police.

1.   Is Shyam guilty of kidnapping? Give reasons.

Shyam of guilty of kidnapping a girl from lawful guardianship as she was 17 years of age (she was under 18 years of age) and he has taken a girl without the consent of her parents who are her lawful guardians (Section - 361)

2.   Is this problem based on any Case Law?

Varadarajan V/s. State of Madras (AIR 1965 SC 942)

MAY 2012

Q1.    Rukma Bai has a son, Hansraj, who is Suffering from a rare kind of cancer. He is suffering with severe pain and his condition is deteriorating everyday. Doctors have informed that he will not survive for many days. Hansraj unbearable with pain, requested his mother to give him poison and kill him. Persuaded by him repeatedly, Rukma Bai gave poison to Hansraj and as a consequence he dies.

1.   What offence Rukma Bai committed, if any? What can be the maximum and minimum sentence of punishment that he can be awarded to her?

Yes, Rukma Bai has committed the offence of Culpable Homicide not amounting to murder. Maximum punishment is life imprisonment for ten years, or with fine, or both. (Section 304)

2.   If Hansraj had not asked Rukma Bai to kill him and she has given the poison on her own, what would be your answer?

She would be liable for the offence of committing a murder under Section 300, for which she would have been punished with death or life imprisonment under Section 302.

Q2.    Pappu, a six year old boy visits his friend Chotu’s house. He waits till Chotu is outside his room and slowly takes away a video game belonging to Chotu.

1.   What offence, if any, is Pappu guilty of?

Pappu cannot be held liable for any offence, as he is below 7 years of age and under section 82 of IPC, nothing is an offence if it is committed by a child below 7 years of age.

2.   Would the answer be different if Pappu was 11 years old?

Pappu, in this case, can be held liable for the offence of theft. Under Section 83 of the IPC, as he is below 7 years of age, but since he is below 12 years of age, if he has attended sufficient maturity of understanding the nature of his conduct while taking away the video game, then only he can be held liable.

Q3.    Mohan who is married to Sheela, marries Meera on 15 January, 2011.

1.   What offence is Mohan guilty of? Will it make any difference if he has hidden the fact of his earlier marriage from Meera.

Mohan marries Meera during the life time of Sheela, here, Mohan has committed the offence of ‘Bigamy’ under Section 494 and liable to 7 years of imprisonment and fine. If he has hidden the fact of his former marriage from Meera, in such case, he has committed the offence of Bigamy with concealment of former marriage from Meera, under Section 495, and liable to 10 years of imprisonment and fine.

2.   If Sheela had lost in Kumbha Mela in the year 2002 and nothing has been heard of her since then, then what would be the position.

After marrying Sheela, she lost in the Kumbha Mela in the year 2002 and if her whereabouts have not been known for a period of 7 years (in this case 9 years period has been passed); in such a case, she is presumed to have been dead, therefore, mohan’s marriage with Meera in 2011 is not a bigamous marriage, he cannot be held liable for the offence of Bigamy.

NOVEMBER 2011

Q1.    Vicky and Viru are having liquor at dance bar. Their friend Guru joins them and orders a soft drink. Vicky adds hard liquor in Guru’s drink without his knowledge. Suddenly a fight erupts between a group sitting on the opposite table and Viru. Viru picks up a bottle and strikes it to the head of a man from the other group, who dies instantly. Guru, who is not used to dinking liquor high, he therefore, thrashed a waiter with a chair.

1.   Would Viru be guilty of Murder?

Yes, voluntary drunkenness is no excuse for the purposes of criminal liability; he may be liable for the offence of culpable homicide not amounting to Murder, since the death is caused in a sudden fight between the persons (Exception to the offence of Murder Under Section 300)

2.   Would Guru be punishable of any offence?

No, Guru can be granted the defense of intoxication under Section 85 of the IPC as he was intoxicated without his knowledge.

Q2.    Asif, a bank officer, is the neighbor of Munna, a fifteen year old boy, in Satara. Munna’s parents are given to drinking, drug and all sorts of vices. Asif has been taking care of Munna since last few years since he totally neglected child. Asif gets a transfer order to Mumbai. Munna is very sad when he hears this and he pleads to Asif to take him away with him. Asif takes Munna with him without informing there parents.

1.   Is Asif guilty of kidnapping? Give reasons.

Yes, Asif is guilty of kidnapping under (Section 361) – kidnapping from lawful guardianship if the boy below 16 year and the girl is below 18 years of age.

2.   What would be the position if Munna was 17 years of age?

Asif would not be guilty of kidnapping from lawful guardianship as the boy is above 16 years of age.

Q3.    Amar invites Jay to his house for tea. They have a quarrel and Amar ask Jay to leave. Jay stays back and calls him a cheat. Jay exits the gate of the house. He hears Amar tell the watchman to go to file a complaint against him. Jay stands at the gate of the house and prevents the watchman from leaving the house. Later, when Amar’s sister leaving the house, Jay passes dirty comments at her. He finally openly urinates near the gate and leaves.

1.   Has Jay committed criminal trespass to Amar’s house? Give reasons.

Yes, under Section 411 though entry of jay into Amar’s house s lawful he has unlawfully remained there with intent to commit an offence.

2.   Name any three offences Jay has committed.

1.   Criminal Trespass – (Section 411)

2.   Wrongful Restraint – (Section 339)

3.   Making atmosphere noxious to health – (Section 278).

APRIL 2011

Q1.    Shanata, a young tribal is called to the police station alongwith family, for inquiries. When she is alone, the constable takes her to a shed behind the police station. There, he ask her to remove her clothes and had sexual intercourse with her. Shanta does not object. After a few days a case of rape is registered against the constable and Shanta states tht the intercourse was without her consent.

1.   Would the constable be guilty? Give reasons.

Yes, the constable shall be guilty of the offence of custodial Rape as laid down in sub-section (2) of section 376. He shall be punished with the rigorous imprisonment for a term not less than 10 years, but which may extend to imprisonment for a life. As per explanation provided to sub-section (2) of section 376, in case of custodial rape, the absence of the consent of the women shall be presumed.

2.   Is this problem based on any decided case? What were the changes made in law accordingly?

1.   Yes, the decided case by the Supreme Court of India- (Vishakha & Others V/s. State of Rajasthan Others, AIR 1997 S.C 3011). The Criminal Law Amendment Act, 2013 made changes in the IPC and added new section 376 (1), (2) (a) to (n) making custodial rape punishable with not less than 10 years rigorous imprisonment upto life imprisonment and also the presumption of absence of consent by the victim.

2.   Tukaram V/s. State of Maharashtra (also called as Mathura’s case) (Section 376 A to D introduced to declare punishment for even consensual intercourse in custody, also Indian Evidence Act (Section 113 A) introduced – presumption regarding custodial rape – if victim says no consent, then the law shall presume that there is no consent.

Q2.    A,B,C,D, and E gather together in an empty shed for staeling from Sheila’s house. B and D bring weapons such as a knife, hockey Stick, etc. however, at the last moment B,C,D, and E get scared and go back to home. A alone enters the house of Sheila and takes the painting. The watchman sees him taking it and tries to stop him. A punches him and runs away with the painting.

1.   What offence is A guilty of?

A is guilty of the offence of Robbery under section 390 and also the offence of Criminal Trespass under section 441 of the IPC. And also Causing Hurt while carrying away stolen property during theft.

2.   Are A,B,C,D and E guilty of any offence? Give reason?

Since A,B,C,D and E all persons five in number assembled together to commit the offence of dacoity, each of them shall be punished with rigorous imprisonment upto 7 years and shall also be held liable to fine under section 402. B and D could also be guilty of abetment of the weapons they have provided, have been used in commission of offence.

Q3.    M a hooligan standing at a bus stop, looks at G, a college girl and sings an obsence song. He then stands in the way of her brother, who is forced to go around him to follow G. A man standing at the bus stop objects to his behavior and there is a big quarrel and they get into fight therby scaring everybody at the bus stop. While going away, M throws a big stone at the bus stop causing its roof to crack.

1.   Has M committed an offence against G under Section 354? Give reasons.

M has not committed an offence against G under (Section 354), because, there is no force involved as per (Section 349) of the IPC. However, M is guilty under (Section 509) of the IPC.

2.   Name any two offences which M has committed not concerning G.

M has committed the offence of wrongful restraint against the brother Under (Section 399) of the IPC. Affray under (Section 159) – Fighting in public place and thereby disturbing public peace, and Mischief under (Section 425) – for Cracking the roof of the bus stop.

NOVEMBER 2010

Q1.    Sachin is playing cricket with his friends in his building compound. Anjali is passing by and Sachin hit the ball deliberately in her direction. The ball goes and hit Anjali’s dupatta. Anjali gets irritated and call Sachin a rascal.

1.   What offence, if any has Sachin committed?

Sachin has committed the offence of criminal force according to (Section 350). Sachin’s act of diverting the ball to Anjali thereby causing it to come into contact with her dupatta amount to force according to Section – 349 and when forced used to person.

2.   If Anjali merely smiles and throws the ball back, but Anjali’ mother who is accompanying with her is angered an calls the boys good for nothing. Would the answer to be the same ?

Section 350 states that Criminal Force is there only when – the person to whom the force is used is caused annoyance so if annoyance is caused to any other person will not amount to force. Hence, if Anjali does not mind the act, but her mother gets angry, Sachin’s act will not amount to any offence. Simply using force is not an offence in IPC.

Q2.    Bandya sees his neighbor Bina sitting on the beach in a compromising position. He clicks her photo using his cell phone an later on confronts her and show the picture in her college unless sleeps with him. Bina agrees and they have sexual intercourse.

1.   Is Bandya guilty of Rape?

Yes, Bandya is guilty of Rape. The Sexual Intercourse is without consent. Explain (Section – 90) read with (Section 44)

2.   If Bandya is accompanied by his friend Billu in the above instance an both have sexual intercourse with Bina would there be any difference in punishment?

Yes, it would amounts to gang rape. Therefore enhanced punishment.

Q3.    Umer boards a B.E.S.T bus. He stands behind Shakeela in the bus and rubs himself against her. He then spits on the window of the bus. When he gets a seat he digs his pen into the seat of the bus and makes holes in the seat. He finds a cheque dropped by somebody on the seat next to him and pockets it.

1.   What are the offence committed by Umer, if any?

Umer has committed the offence of Outraging the Modesty of a Woman, Public Nuisance, Mischief and Dishonest Misappropriation of Property.

2.   Cite reasons for your answer.

1.   Outraging the Modesty of a Woman – (Section – 354)

2.   Public Nuisance – (Section – 268),

3.   Mischief – (Section – 425)

4.   Dishonest Misappropriation of Property – (Section – 403)

APRIL  2010

Q1.    Gullu who wishes to go to his native place for vacation cannot procure a ticket. His friend Rahul who had a ticket cancels a trip and Gullu travels by train on Rahuls ticket. Uring the journey Gullu finds mobile phone left behind by somebody an pockets it. At Madgaon station Gullu urinates on the railway platform. At night he tears off a part of the seat cushion and uses it as a pillow.

1.   What are the offences, if any, committed by Gullu?

a.    Travel by train on Rahul’s ticket – Cheating by personation.  

b.    The offence of Criminal Misappropriation of property by keeping a mobile in his pocket

c.    By urinating on the railway platform, he has committed the offence of making atmosphere noxious to health

d.   By tearing off a part of a seat cushion, he has committed the offence of Mischief.

2.   Cite reason for your answer.

Travel by train on Rahul’s ticket – Cheating by personation (Section – 416). The offence of Criminal Misappropriation of property by keeping a mobile in his pocket (Section 403); by urinating on the railway platform, he has committed the offence of making atmosphere noxious to health (section 268); by tearing off a part of a seat cushion, he has committed the offence of Mischief (section 425).

Q2.    Sheela get into an argument with Tina in the market. Sheela strikes Tina with her shopping bag. Tina, who is a housewife, gets swelling on her elbow and is unable to cook for a month.

1.   What offence is Sheela guilty of? Give reason for your answer.

Sheela is guilty of causing Grievous Hurt – as per (Section 320) – [any hurt which causes the sufferer to be during the space of twenty days or more unable to follow his irdinary pursuits”. Sheela being a housewife is unable to follow her normal activities such as cooking, and hence, the hurt will be designed to be grievous. Sheela will be punishable as per (Section – 325)

2.   If the argument due to which Sheela struck Tina began, because Tina called her a cheap an characterless woman, would the answer be any different?

Causing grievous hurt under provocation attracts much lesser punishment as it is supposed to vitiate to some extent the element of mens rea behind the act. Hence, if in the first case Sheela could be punished upto ten years of imprisonment, in the second case, because the act is due to provocation, as per (Section – 335), the imprisonment can be extent to a maximum four years.

OCTOBER 2009

Q1.    Pinu and Shilpa residing at a remote village in Maharashtra are in love with each other. They belong to different castes an know that their families will not consent to their marriage, and hence, decide to elope. They decide to wait till Shilpa’s 18^th birthday, and the day after her birthday Pinu come’s to Shipla’s house from where he takes her away to Mumbai where they get married. However, the village follows the Marathi calendar and the birthday was celebrated in accordance with the calculations. However, in accordance with the English calendar, Shilpa is a few days younger than 18 years. The parents complaint to the police and Pinu is arrested fot kidnapping from lawful guardianship

1.   Pinu says that he is not guilty, since Shilpa had given her Consent and they had eloped with the best of intension.

Pinu is still guilty of the offence of kidnapping from lawful guardianship. This is one of the few crimes which is an exception of the maxim “Actus non facit reum nisi mens sit rea”. The act by itself is also punishable even if there is no evil intention. Therefore, pinu’s argument is not tenable, he would be held guilty. Even though he had the best intensions.

2.   Pinu and Shilpa says that the offence of kidnapping from the lawful guardianship is not applicable, since Shilpa is above 18 years of age according to Marathi calendar which is actually the calendar which is genuinely followed in the village which is proved the fact.

According to the Chapter “General Explanations” Section 49, for the purpose of the IPC, year and month have to be held in accordance with the British Calendar. Hence. Even though in the village Marathi calendar is being followed, he would still be held guilty.

Q2.    Beeru returns home early from work and enters using his house key. He finds his wife in bed having sexual intercourse with his friend Jai. Beeru in a fit of rage, picks up a chair lying nearby and smashes the head of jai, killing him instantly.

1.   What offence has Beeru committed?

Culpable Homicide not amounting to murder as per (Section 300) – “the offender does the whilst deprived of his power of self control due to some grave and sudden provocation and causes the death of the person who gave such grave and sudden provocation.

2.   State the reasons what would the maximum and minimum sentence of punishment that could be given in your answer to sub-question 1.

Since the offence is Culpable Homicide not amounting to murder, death penalty cannot be given. The maximum punishment under (Section – 304) is life imprisonment or Minimum Punishment Under (Section – 304) which may extend to ten years. (Discretion is given to the court to award a lesser sentence in a fit case).

Q3.    Minu, her uncle and her boyfriend Lakhsman are called the police station in connection with a complaint made by Minu’s uncle that Lakhsman had kidnapped her. After making some inquiries the police ask everybody to go home but tell Minu that she has to stay back for a while longer. Thereafter, constable Tambe takes Minu to a shed behind the police station and asks her to have sexual intercourse with him. Minu offers no resistance and concedes. A complaint of rape is later on filed against the constable Tambe.

1.   What offence, if any, has constable Tambe committed? Can Tambe maintain that the intercourse was consensual?

Rape – punishable with higher sentence as it is custodial rape under [Section – 376(2)]. Police officer committing rape within the limitation of the police station. In case of custodial rape, if the woman says that the act was without consent. Even if the act does not amount to rape then it is punishable under (Section 376-B) with imprisonment upto five years.

2.   Cite the relevant case law.

Tukaram and another V/s. State of Maharashtra ( Mathura’s case)

MAY 2009

Q1.    Raj, Ram, Viru, Surya an Mahesh decided to break open a local jewelers shop in order to steal the jewels. They then go the house of the local blacksmith, Pandu, and putting a gun to his head, brought him to the jeweler’s shop and made him to break the lock. The neighbors informed the police, who come immediately and apprehend them all.

1.   What offence would they be liable for?

They would be liable for committing the offence of Dacoity as per (Section – 391) of the IPC –[when five or more person commit robbery]. Here the offenders have put a person in fear of death or hurt in order to the committing of a theft, hence, it is a robbery. Since it is committed by five or more persons, it becomes Dacoity, and therefore, each of them will be held liable for the offence of Dacoity.

2.   Would Pandu be liable for the same offence?

Here, Pandu would be exempt from criminal liability under (Section 94). Of the chapter General Exceptions (Duress of compulsion). The Section states. “Nothing is an offence which is done by a person who is compelled to do it by threats, which at the time of doing it, reasonably cause the apprehension that instant death to that person will otherwise be the consequence.

Q2.    Bandya and satya two hooligans come across each other and have an argument. Bandya punches Satya in stomach. Satya had an inflamed ulcer in his stomach which ruptures due to the punch and cause internal bleeding. He succumbs in the hospital and dies.

1.   What offence is Bandya guilty of?

Bandya is guilty of causing simple hurt only. Here, even though, death has been a consequence, there is no intention to cause death which is the first requirement of the offence of the murder. In case there is no intention to cause hurt, if so, whether the hurt likely to be caused was of such a nature that there was a certainty or probability of death being the result. In the above case, neither is true; punching a person in a stomach would not normally have the possibility of causing hurt of such a nature that death will be the result. Hence, even though death has been caused, Bandya will only be guilty if causing simple hurt.

2.   If Banday and Satya were friends and Bandya knows about Satya’s ailment. What would be your answer?

If Banday and Satya were friends and Bandya knoes about Satya’s ailment, then the offence will be murder according to (Section 300) which states – “If the act is done with the intention of causing such bodily injury as the offender knows to be likely to cause death of the person to whom the harm is caused”

Q3.    Usma goes to a renowned astrologer Rathore for advice. Rathore tells her she shall achieve outstanding success in her exams if she intercourse with him on amavasya day. Usma willingly conceded. Later on her relatives come to know the incident and complaint of Rape, and filed a case against Rathore.

1.   Is Rathore guilty of committing Rape?

Yes, Rathore is guilty of rape (Section 375) states that – ‘Sexual intercourse without the consent of a woman is a rape. Section 90 states that consent is not such a consent as is intended by any Section of the Code if it is given under fear of injury or under misconception of fact, if the person knows that such consent was given in consequence of such fear or misconception.

2.   Suppose Rathore has given her normal advice. But since Usma doesn’t have money to pay him Rathore suggests to her that she can have intercourse with him instead of paying charges. Usma reluctantly agrees. Woul it amount to rape?

In this case, it would not amount to rape as the incidence does not fit under any of the six circumstances mention in the (Section 375) which would amount to rape.

OCTOBER 2008

Q1.    A, B, C, D, and  E, quietly enter the house of Shyamlal and take away the valuable lying in the cupboard. They to make their escape quietly but the watchman sees them and tries to raise an alarm. A strikes the watchman on the head with a stick and they make a good escape.

1.   State with reasons what offence they have committed?

They have committed the offence of “Dacoity” under (Section – 390) of the IPC. The basic offence is that of “Robbery” because the accused have caused hurt carrying away the property taken by theft. Since five persons were involved in the robbery, the offence becomes the offence of Dacoity.

2.   In the above case, A, B, C, D, and  E, were caught with knives preparing to commit the act but having taken no step towards it. Would they be guilty of any offence?

Yes, they can be held liable for the offence of “Making preparation of Dacoity” under (Section 399) of the IPC. Dacoity is one of the few offences given in the IPC. Which is punishable at the stage of preparation.

Q2.    Hansaben, aged 66 is married to Kanti aged 70. Hansaben is suffering from terminal cancer and is in severe pain. The doctors have stated that the she has not many months to live. Hansaben asks Kanti to give her poison and end her agony. Kanti thereby gives her poison and she dies.

1.   What offence has Kanti committed? What can be the Maximum and Minimum sentence of punishment that cab be awarded to Kanti?

Kanti has committed the offence of Culpable Homicide not amounting to Murder as per Exception provided to (Section – 300) of the IPC, where a person above 18 years of age suffers death by giving his/her own consent. The maximum punishment that can be given to him is life imprisonment, since death penalty cannot be given for the offence of Culpable Homicide not amounting to murder. The Minimum punishment would depend upon the circumstances under which the offence is committed and upon the discretion of the judge.

2.   If Hansaben had not asked to poison her Kantion his own out of Pity and to end Hansaben’s suffering had given her poison. What would be your answer?

If kanti had given her poison without consent out of pity, the offence would be the offence of Murder. Euthanasia or Mercy killing is not allowed in India.  

Q3.    Priti is in grave financial trouble and is desperately seeking a job. She goes to the office of Madhur who is film producer and is casting for a small role in his upcoming film. Madhur tells her that he will give her role if she has sexual intercourse with him. Priti who need the money urgently out of frustration accepts the offer and is given the role. Subsequently, Priti file a case of rape against Madhur.

1.   Will Priti Succeed?

Priti will not succeed since the act of sexual intercourse will not amount to rape as per any of the six conditions laid down in (Section 375) of the IPC.

2.   Would it make any difference if Priti were 15 years of age?

Yes, it would amount to an offence of Rape. If Priti was 15 years of age then consent is immaterial. According to clause six of the (Section 375), if the woman with whom the sexual intercourse is had, is below 16 years of age, then the act would amount to rape irrespective of her consent.