Professional Documents
Culture Documents
Ipc Part 1
Ipc Part 1
Ipc Part 1
[_::-:-:::=--~-_:::.I~ND~E~X_ _ _ _ _ _)
I 1. "Crime
h Q. • is~ a revo 1t agamst . the Q. 6. Distinguish between intention and
w o e society and 'illl att· k 0 th motive. Indicate the importance of motive
civilization. of the day" · El uc1'd a t,\c ~
e and discuss e in Law of Crime? (7)
t he essential elements of crnue. . (1) Q.7. Write a short note on Inchoate
[U.P.C.J 1992] Offences. (HR .J.S.2013)
Q_. 2_. What are the different staoes of (7)
comm1ss1on of crime? i
[U.P.C.J. 9921 Q. 8. Write a short note on the
(1) 'presumption of innocence of the accused.'
o .. (8)
Describe
. the scope of •·nt en t·ion, Q. 9. Discuss if there is any purpose to
prepara t ion and attempt to commit a crime. differentiate 'specific defences' from 'oeneral
q. 3. W~at is meant by Mens Rea ? defences' under the Indian Penal Code. (9)
Explam
.. the dictum"
. Actus Non Faci·t Re um [HR.J.S. 2015]
N1s1 mens Sit Rea". How for a motive Q. 10. (a) Whether the provisions of
necessary for determining a crime ? Are Indian Penal Code are
applicable to Extra-
there any exception to the dictum of Mens
t~rritorial offences, if so, under what
Rea? Illustrate your answer. [U.P.C.J. 1982, circumstances ? [UP.H.J.S. 2016]
2000,2012, 2016, HR.J.S. 1996, (10)
UPHJS 1988, 1996, 2016.MPHJS 2014,
(4)
Or
Can as offence committed outside India
Or
be tried in India under Indian criminal la~
Mens-rea is an essential element in (I.P.C. & C.r.P.C.)? Explain in the light of
every crime? Explain this rule and State to case laws. [HR.J.S.. 2011]
what extent it is applicable to the offences
Or
under the Indain Penal Code 1860.
What is the jurisdiction of the courts in
Jhanrkhand J. 2014. India to try an Indian citizen for an offence
Q.4. "It is not enough to lable the committed beyond India or a foreigner in
statute as one dealing with a grave social respect of an offence committed within Indian
evil and from that to infer that strict liability
territory?
was intended. It is pertinent also to inquire
(b) A, an Indian citizen, commits a munier
whether putting the defendant under strict in Uganda. Cnn he be
tried and convicted of
liability will assist in enforcement of murder in any place
where he is found in
regulations .... under this is so, there is no
India?
find in penalising ... and it cannot ~e i~fe~~d
Or
that the legislature imposed strict hab1hty
merely to find a luckless victim." In the light (c) A, an Indian citizen, commits adulterv
in Enghmd which is not nu offence in th~t
of his statement, elucidate the doctrine of
Country: Can he be prosccutrd in hutia ?
strict liability under Criminal Law. (5)
(HR .•J.S.20151 UPHJS 2016
Q. S. " 1 n law u man's moth cs arc
1 Q. 11. F.xplniu thl' following terms as
irrelevant". Comment. ,u.r.c.. J. 1992I used in I. P. C.- (12)
(6)
(ii) :
RAM BAAN FOR.Jl!DIC IAL SERV ICES MAINS Z
EXA I\'
Q. 20. Suddenly a fight began between Q. 28. State and illustrate the hiw of
A, B (accused persons) and C (informan t). cumulativ e penalties as stated in the Indian
In such sudden fight, A caused simple hurt Penal Code your answer? (30)
to C whereas B caused grievous hurt to C. Q. 29. What do you understa nd by
Will A and B both be guilty of causing solitary confinement? What are its provisions
grievous hurt to C in view of provision made in the Indian Penal Code? (25)
in Section 34, l.P.C.? Give reasons and also Q. 30. What is the law regardin g the
refer to case law, if any, on the point. B enhanced punishm ent in I.P.C.? (25)
successiv ely and independ ently wound C [M.P.C.J . 2001]
with murdero us intent. C dies from the loss
of blood caused by both the wounds together. Q. 31. "A mistake of fact is a good
But the fact remained that C would not have defence but a mistake of law is not." Discuss.
died from either wound alone. Discuss the [M.P.C.J. 2010, U.P.C.J. 1991, 2018)
criminal liability ofA and B. (20) (26)
UPCJ, 1992, 1997 Or
Q. 21. A and B successi vely and · Explain the maxim, "ignoran tia facit
independ ently wound C with murdero us excusat, ignorant ia juris non-exc usat."
intent. C dies from the loss of blood caused Distingui sh between mistake of fact and
by both the wounds together. But the fact mistake of law.
remained that C would not have died from Or
either wound alone. Discuss t·he criminal
liability ofA and B. . UPCJ, 1992, 1997 Is 'Respond ent Superio r-the order of
(20) the superior a valid defence?
Q. 22. If two persons commit the same Q. 32. A Soldier A fires on a mob by the
act, can they be guilty of different offences order of his superior officer in conformi ty
in respect of that act ? HR.J.S. 2001 with the command s oflaw. Has A committe d
(20) any offence? Give relevant provision of law.
Q. 23. What do you mean by Harbour "? U.P. ~O 1997, WBCJ.19 98
In what cases is harbouri ng made an offence (27)
under the Indian Penal Code? HRJS. 2003 Q. 33. A, an officer of a court of Justice,
(21) being ordered by that court to arrest A and,
Q. 24. What are the various punishme nt after due inquiry, ~elieving Z to be Y; arrests
Indian Penal Code. (21) Z. Has A committ ed any offence? 'Give
[R.J.S. 1986, UPCJ 2000] reasons and also refer to the relevant
Q. 25. (i) Enumer ate the offences provision in this regard. W.B.C.J. 1993
punished by sentence of death. (:2) (27)
(ii) Write short note on the commuta tion Q. 34. By the order of a superior officer,
of sentence . 'A' a police man fires and kills two persons
Q. 26. A gives ten strokes with a stick who are members of lawful processio n. Is
to B. Can A be punished separatel y for each 'A' entitled to protectio n under Section 76
stroke? R.J.S. 1980, 1991, W.B.C.J. 1992
. µ~ of Indian Penal Code? Bihar A.P.O. 1997 (27)
Q. 27. State the provision s ~f the lndi~n Q. 35. X sees Z committi ng what appears
Penal Code regardin g imprison ment 18 to X to be murder. X in the exercise to the
default of payment of fine. [M.P.C.J. 1996, best of his judgeme nt, exerted in good faith,
200 1 Raj J 1986, UPCJ 2000) of the power which the law gives to all
' (30)
C). ,H . A , 11 dtlld a~c·d ,, houf ~ yr;1r"
l"' i ,,10 -. o l 11 pp1 .-11,•11111111! 11111rd,·1·1•r ,c 111 the·
throw s n 1dortc· "" H. Sl"uc lll h ftw ht ~d of
nr l. wl, n I 111 111·,h•r to ht 1111~ '/, hd'on· Ou·
B 111111 II 1t N II t'C' Ntill rt'l'<.' IV<·~ ~ ri(' v r,u 11
pl t•p l' t 1111lhm l tl,·, . 1&111 If t11rn 11 out 111111 '/.
l11j 11 rl c· s on lic•ucl. If HS /\ r ,,mm lff cd ;.tra y
In ('\l'l'\' 1-.,· of his rl1i ht of ~..ir
offrm·c··t ( ;lvf n-u s ons In .'W Jlpo rf ,,r y,,ur
" II \ IH' f l 111:
1ld,·11,·,-. Is \ g111l1~· of 1111~· ol'fr11r1• '! ( :Ive· J<.JS I Wff,
( l H) II IIS WC'I'.
I l'll \1111~ .
(33)
(._). J h. IH~r u.~s. with lll11s lrnflo11s, 11rd-
dn1f 11, 11 dd,·1u·l' Inn nh11l1111l frlnl . (2H) (). 4S. A hoy ove r I I years and below 12
() . .\7. A. n w11rlrn11111 throw s snow from n y,·i11·s of n~e picl< cd up a knife and
1·0111' ..:h·in~ w urnl 11J!. A pnssn hy is ldlkcl . prnccc .·,tin~ fowu nl s the d eceas ed with a
I h is A ,·omm ith·d 11 11y off,•m·l''! (29) fhrenfcninJ.! ~esf urc sayin ~ Hrnt he would c ut
(}. JN. ltn.111 Is r11ffl111! woocl wifh nu llXl' him info pieces nctuu lly s tahs him to d eath.
i\l n pion· what· d1ilcln·11 nn· playin g. Tiu·
Is he guilfy of munJ cr'! Give r eason s. (33)
n,,. 111,·s 011'111111 kills n m·11rh}1 chllcl. Is l~a.111 (JLJ.S . J996)
,·111i1l,·d lo profrd io11 mukr Sl'dio n HO of Q. 46. Discu ss the insan ity as a defen ce
l.l'.C .'.1 (JO) fo crime . jlJ.P.C ..J. J982, 1992, 1997, 20J2J
Q . J9. Th,· 11n·11s,·d was h,·ntin g II perso n (33)
with fists. Tiu· wift- of th,• 1111111 ht•ing heakn Or
int,·rn ·n,·d with h,·r hnh}' in nrms with n view
fo rt'Sl'U l' lwr h11sh11nd. Tht· accns, •d gave 11 To what exten t is unsou ndnes s of mind
fist hlow lo ht•r also, which struc k the lrnhy, nccep t'cd as a defen ce to crimi nal liabil ity
ns n n•sul f of which it died. On heinl! under I.P.C. '!
p rn :H 't' II frd, I he at·cus NI plead s ucciclcn t. Or
Drdd ,·. .Jhark hand .C..J. 2002 What type of perso ns can claim benef it
(30) of an excep tion embo died in Sec. 84 of the
Q. -tO. A is at work with a hatch et; the India n Penal Code ?
hl'ad flies off nnd kills n 1111111 who is stand ing (R.J.S . 1974, UPCJ 1992, 2000)
hy. Whnt offrnc c has been t·omm iUed by A? 7. State the facts, judgm ent and
1
ILJ.S . Exam , 1986, WBC ,J 2004 pr c1ples laid down in Reg v. Mc Na ugh ten,
(30) (1843 ) 10 CJ & F 200. (35)
Q. •fl. When docs an act which is an of- Q. 48. A unde r the influ ence of
fcru·e cuusc lo be so if done to preve nt or unsou ndnes s of mind attem pts to kill B.
avoid otht·r lu1rm fo perso n or prope rty'! What offen ce has been comm itted b y A, if
jU.P.C.•J. 20031 any'! RJS 1984
(31) (36)
Q. 42. A in J.!rcat fire pulls down house s
Q. 49. How far intox icatio n be taken as
in order to preve nt the t:cmnaJ.!ration from
n grou nd of defen ce in a crim inal
~pn·u ding. A did if in good faith, savin g the [U.P. C ..J. 1982, 1991. 1997
prose cution '!
Ii re• 1-u ul prope rty und to uvoid great er harm .
(36)
\ .Vhut offrn n, if uny, is made out in this case.
(;i\'c kgal provi sion. U.P.A .PO. 199(, Or
(32) Discu ss thr li:1hility of nn intox icated
Q. -IJ. "NofhhtJ.! is 1111 offen ce whirh is 11crson undt• r the lndin n Penal Code UPCJ
done by a child hdow seven yl·111·s of HJ.!e." 2003, UPHJ S 1982
Discu ss. Will if muke uny dif'f'cn·m·c ii' the Q. 50. Uclin c good faith and conse nt.
a~c of child is twel\' c ycurs '! (J2)
I low far J.!Oocl faith and conse nt are said to
/ INDIAN PENA L CODE (v)
be done or believ ed in good faith which is ,._9(58. B while bleeding profusely goes to
done or belie ved witho ut "due care and A, a surge on and there loses consciousness.
atten tion." UPCJ 1999 Ther eupo n A imme diate ly perfo rms an
(38) opera tion upon him thinki ng that it will bring
consc iousn ess. But B dies
Q. 51. A and B agree to fence with each him back to
diate ly after the opera tion. Has A
?the~ for amus emen t. This agree ment imme
itted any offen ce? Give reaso ns in
1mph es to suffe r any harm which in cours e comm U.P.J. 1991
rt of your answe r.
of such fenci ng may be cause d witho ut foul suppo (42)
play. Whil e playi ng fairly A hurts B. What
offen ce, if any, has been comm itted by A. Q. 59. A, a docto r after full exam inatio n
faith
Give legal provi sion in supp ort of your of a patie nt name d B, in good
answ er. UPC J 1991, 1999 comm unica tes to B that he has cance r and
dies next day in
U.P., A.P.O . Exam . 1996 that he canno t live long. B
by A's
(40) conse quenc e of the shock cause d
comm unica tion. Decid e the liabili ty of A.
Q. 52. A, a Surge on, know ing that a RJS. 1986
parti cular opera tion is likely to cause death (43)
of Z, who suffe rs unde r a painf ul comp laint,
but not inten ding to cause Z's death , and Q. 60. How far the plea of comp ulsion as
charg e of
inten ding, in good faith Z's benef it, perfo rms a defen ce is avail able to the
I.P.C? (43)
that opera tion on Z, with Z's conse nt. Has A comm itting an offence under
co~ tted any offen ce? Give reaso ns. (40) Or
.J Q. 53. A, a schoo l teach er slaps one of In what cases and to what exten t will a
his stude nts aged abou t 8 years ruptu ring plea of comp ulsio_ n or neces sity_ b~ a
al
his eardr um. Has A comm itted any offenc e? sufficient defence agam st a charg e of cnmm
Bihar A.P.O. 1981 offence? Does it give absol ute protec tion?
(41) Q. 61. A has an inkpo t with him. B wants
inkpo t. A does not
Q. 54. A, in good faith, for his chil~ 's to fill his pen from that
, still B takes ink from it. Has B
benef it witho ut his child 's conse nt, got him allow RJS 1976
comm itted any offence?
opera ted for stone remo val by a surg~ on (43)
know ing it to be likely that the ~pera ~on
the child 's death but not mtend mg Q. 62. "Noth ing is an o~ence whi~h is
maycaushe. hild's death HasA comm itted
(41) done in the exerc ise of the nght of privat e
to cause 1s c · . •
ffi e? Refer legal prov1s10ns. defen ce." Discu ss.UP CJ 1997, 2006, 2013
U.P., A.P.O. Exam . 1997. (44)
any o enc . .
arent whips his child aged Or
Q. 55. A,da p tely for the child 's benef it. Discuss the right of privat e defence_of
10 years mo era ' ? (41) s
itted any offen ce. perso n. When does it exten d to the ~a~ mg
h mast er inflic ts to exist.
Has A comm
56 A a sc oo I- 12 of death ? When does it cease 4
Q. . : hmen t to a child unde r [M.P.C.J. 2006,2011, U.P.C.J. 198 ,
mode rate pums the purpo se of discip line. 1987 1991 ' 1997 ' 2003,
Jhark hand J
( 42) ' 2001.
years of age. for an offen ce?
Has A comm itted . YB being attack ed by C Or
7 A findm g . d'mg t o
Q. 5 . ' t C there by mten Discu ss the right to privat e defence_ of
with knife , shoot s a_ ·cs C and kills B. Has , ty When docs it extend to the causmg
save B, the shot miss · ? UPCJ 1984 prope r : UPCJ. 1991, 2018
A comm itted any offen ce. (42) of death !
L
R.\...\ I B..\....\...\ ' FOR J1"DIC LU. SfR\ l CES -' L.\L',.S f.\...\...\
the hand of B ~ith a r es ult th.at the revolnr
Q. 63. A. a pass er b~·, 5'e·es B beati ng his fell dow n on the grou nd. Ther eafte r, Aga ve
wife merciles sly. A gfres a blow to B who anot her 1 phar si' blow on the head fJf B
dies immediate})- at the spot. "'ba t offence, caus ing the insta ntan eous deat h of B. Can A
if anY. has A comm itted ? GiYe re.as-0ns for justi fiabl y claim the righ t of priva te defen ce
yo u.r ·a.o.swer.Bihar Chil Senices Exam.~ 1982 in caus ing deat h of B? RJS 1974
(48) (49)
Q. 6-t A, a child below 7 ye-ars of age Q. 67. A beats his neig hbou r B and by
attac ks B b, a sword. Before A could c:au.5'e such beat ing he volu ntari ly caus es hurt to
de-ath or grie, ous hurt to B, B open ed fire B. '\\1hen beat ing of B by A was over and A
by a gun on the child A (below 7 year s of was leavi ng the place , B pick s a he:a,'Y stone
age)~ A is kille d. B is pros ecut ed unde r and throw s upon A. The ston e bits A's head
Secti on 302 I.P.C for murd er of A. B takes whlc h caus es hurt to him. A pros ecute s B
the defe nce that he kilie d the child in for ' volu ntari ly caus ing hurt ' puni shab le
exercise of ' righ tofp ri.at e defence' whereas unde r Sect ion 323, I.P.C. On beha lf of B it
the argu ment s of prose<'.ution was that B had was argu ed in his defe nce that he is not guilt y
no ' right of priva te defence' because A was of 'Vol unta rily caus ing hurt ' and he did win
unde r 7 year s of age and his act was not an exerc ise of his 'righ t of priv ate defe nce ', as
offence and the right of priva te defence is A had also volu ntari ly caus-ed hurt to him. Is
exerc ised only again st an act whlc h is an B liabl e to be acqu itted on the grou nd of
offence and not again st such an act whlch do
argu men t adva nced on his beha lf. Giv e
not cons titute an offence. Decide, who will
reas ons and also men tion the rele vant
succ eed, whet her pros ecuti on or defence. (50)
prov ision , if any, unde r I.P.C .
GiYe reaso ns and also refer to the relev ant
pro,i sion on the point.. (48) Q. 68. A, an enem y of B, poin ted a toy
Q. 65.A had an inten tion to comm it rape (false) pisto l look ing like real one, at B to
of a wom an name ly W. For this purp ose, he scare him. B treat ing the pisto l as real one,
make s an assa ult on W. But before he could finds his life in dang er and draw s out a loaded
even touc h the body ofW , she draw s out a pisto l from his pock et and fires at A.
pisto l from her purs e and shoo ts A. Con sequ entl y A dies on the spot . B is
Cons eque ntly, A dies. W is pros ecute d for pros ecut ed for mur der of A. B take s the
the 'mur der' of A. W takes the defence of defe~ ce that he kille d A in exer cise of 'righ t
' righ t of priv ate defe nce' whe reas of pnva te defe nce' as he did not know that
pros ecut ion argu es that A had mere lv th~ pisto l of A was not real one but a toy.
'inte ntion ' to comm it rape and he did no·t Will B succ eed in his defe nce? Give reaso ns.
even touc h the body ofW (did not mak e an (50)
attem pt to com mit rape ), so he was in . Q. 69. A puts his hand in the pock et of
prep arati on stage , and mere inten tion to B m orde r to com mit theft . B resis ts A for
. rape or prep arati on for rape is not punishable not d~in g so. Duri ng such resis tan~ e hurt
(as offence). Thus, W had no 'righ t of priva te ~as likel y to be caus ed to A. In defe ndin g
defe nce', henc e she is guilt y of 'mur der' of hims elf from such hurt , A caus ed hurt to B.
A. Has W righ t of priva te defen ce to the Subs eque ntly, A was pros ecut ed by B for
exte nt of caus ing deat h of A? Give reaso ns attem pt to thef t (Sec tions 379/511, I.P.C.)
and also ~efer to the relev ant prov ision and and for volu ntari ly caus ing hurt to B (Section
case law, 1f any, on the poin t Biha r CJ, 2002 323, I.P.C.). Duri ng trial , it was argu ed on
(48) beha lf ofA that thou gh he is <1uilt y of attem pt
Q. 66. B aime d his revo lver at A. In orde r to C om~ 1t •
thef t, yet he is not guilt y of
i:,
to save hims elf A gave a 'pha rsi' blow on volu ntari ly caus ing hurt to B beca use he
I NDIAN PENA L CODE (vii)
what offence X is liable to be convicted. violent passion and kills B. What offence, if
(D.J.S. 1990) any, committed by? (110)
(107) U.P. A.P.O. (A.P.P.) Exam., 1994.
Q.139. A, by shootino at a fowl with intent Q. 146. Z attempts to horsewhip A, not
to kill and steal it, kill; B, who is behind a in such a manner as to cause grievous hurt
bush; A not knowing that he was there. Has to A. A draws out a pistol. Z persists in the
A committed the offence of culpable assault. A, believing in good faith that he can
homicide? UPCJ, 1997 be no other means prevent himself from
Bihar (A.P.O.) 1981 being horsewhipped, shoots Z dead. Has A
committed any offence? H.RJ.S. 1995
(108)
Q. 140 A shoots Z with the intention of (111)
killing h~m. Z dies in consequence. What Q. 147. The accused A beat the deceased
offence, if any, has been committed by A. B with a lathi giving her two blows and
Give reasons in support of your answer and thereupon deceased B fell down. The lathi
also refer to the relevant provisions on the blows had not fallen on any vital part of the
point. (108) body. A cut the body of B (deceased) in three
Q. 141. A, without any excuse fires a pieces presuming her to be dead but in fact
l~aded cannon into a crowd of persons and she (B) was not dead before she was cut by
kills B, one of them. He had no premeditated A. Thereafter A buried the pieces of body of
design to kill B. What offence, if any, is B. Is A guilty of murder or culpable homicide
committed by A? R.J.S. 1984, UPCJ 1997 not amounting to murder? (111)
(109) Q. 148. A, a snake charmer exhibited in
public a venomous snake whose fangs he
Q. 142. A, under the influence of passion
knew, had not been extracted, and for
excited by provocation given by B, kills C
showing his own skill and dexterity,
intentionally. Has A committed any offence?
however, without intention to cause harm to
UPHJS 2018 any one, placed the snake on the head of
D.J.S. 1989, H.R.J.S. 1995(1) U.P.C.J. one of the spectators. The spe<:tator while
2001 (109) trying to push off the snake was bitten by
Q. 143. A intending to kill B, shoots at the snake and consequently died. \Vh;t
him but shot misses him and accidently offence, if any, was committed by A. GiYe
shoots C whom he never intended to injure. reasons and also refer to the case law if any
on the point. ' (112). '
C dies on the spot. Discuss the guilt of A.
H.R.J.S. 1998, MPCJ, 2002, UP. APO Ji. 149. A was found to haYe killed B
2002 inside B's kothri at about 7 A.M:. by giving
(109) as many as 30 knife blows. Most of the
injuries received by B were on his neck and
Q. 144. A is lawfully arrested by B, a other vital parts of the body. B died as
bailiff. A is excited to sudden and violent cumulative effect of the injuri~s receiYed b,·
passion by the arrest and kills B. Has A him. Soon after the incident, A was arrested
committed any offence? (110) and medically examined. His medical
D.J.S. 1989, HRJS. 1995(1) examination revealed that A has 3 minor
Q.145. A is likely to beat B. Bin exercise knife injuries in the form of scratches on his
of his right of private defence, catches hold palm. These injuries could be sustained bY
of A, so that A could not beat him. By such him at the time when fatal injuries wer~
action of B, A is excited to sudden and caused to B. The prosecution could not
(xiv) RAM BAAN FOIUl lDICIAL SERVICES MAINS EXAM.
produce any evidence to establish the Q. 154. X sets a live electric naked wire
precise circumstanc es in which A had started in the passage of the latrine, so that no
the assault on B. A's defence was that he trespasser should come and use the latrine.
was known to B from before and that he had There was no warning that the wire was live
been invited by B to spend the night in his and trespasser Y manages to pass into the
kothri. \Vhile he was sleeping, B attacked latrine without contacting the wire but her
him with a knife and succeeded in causing hand happens to touch the wire while coming
injuries found on his palm. He picked up a out and as a result of shock she dies. What
knife which was lying there and used the offence, if any, has been committed by X?
same in self defence. What offence, if any, Give reasons for your answer. (116)
has been committed by A. UP. H.J.S. 1982 Bihar A.P.P. (A.P.O.) 1985
. (112) Q. 155. A was driving his car while he
Q. 150. W, a woman, intentionall y put was heavily drunk. B, who was coming from
poison into the food of her husband H for the opposite direction of car, was also heavily
causing death of H. H died sometimes drunk. A's car dashed B and B was killed by
afterwards from inflammatio n of the brain. A's car. Has A committed any offence under
During trial, the prosecution could adduce Indian Penal code. (116)
no evidence that the poison was even the Q. 156. A quarrel cropped up between A
secondary cause ·o r the death of H. Is W and B and A slapped on the face of B. With
guilty of 'murder' or 'attempt to murder' of this blow, B lost the balance of his body and
H under Section 302 or under Section 307? fell down on a large stone behind him. A
Give reasons and also refer to the case law, serious wound was caused in the head of B
if any, on the point. W.B.J.S. 1973 and he died. Is A guilty of the offence of
(114) causing death by rash or negligent act,
Q.151. Explain and elaborate the defined and punishable under Section 304A?
expression "causes death by rash or Give reasons and also refer case law, if any,
on the point. (117)
negligent act" as contempla ted under
Section 304-Aofthe I.P.C. [M.P.H.J.S. 2010, . Q. 157. A-while driving his car is a rash
U.P.H.J.S. 2012] and negligent manner causes death of B C
D and Eat different points of the same road ' '
(114)
Q. 152. Discuss the criminal liability of a
?~ the same night. Prosecution alleged that
It 1s a case of commission of offences under
Medical Practitione r in a matter arising out Section 304 of IPC. It is argued on behalf of
of alleged negligence as explained by the
the accused that the case falls under the
Supreme Court in the case of Jacob Mathew
ambit of Section 304A of IPC. Which fact
v. State of Punjab and another, reported in
~ould_ be relevant to dete'r mine negligence,
(2005) 6 sec 1. [U.P.H.J.S. 2014]
mtentmn or knowledge of the accused for
(115)
commission of aforesaid offence? Discuss.
Q. 153. A was driving a bus on a kacha
MPHJS 2010, UPHJS 2012
road at high speed. There were iron sheets (117)
placed on the top of the bus. On way some
of the iron sheets fell down on the head ofB . Q. 158. What is a "dowry death" ? State
and also injured some other persons walking briefly the law relating to dowry death with
on the road. B was carried to the hospital by the help of some illustrative cases. [R.J.S.
A. B died after a month. Has A committed 1989, M.P.C.J. 2006, U.P.C.J. 1992,
any offence ? If so what? H.R.J.S, 1996 1999, U.P.H.J.S. 1995, 1996, 2012,MPCJ
1998]
(115)
(118)
INDIAN PENAL CODE (xv)
Q. 159. What are the essentials of provided any medical treatment. One day,
attempt to murder under Section 307? finding that B was absent from house, A
escaped from the house and managed to
(119)
reach the civil hospital of the place. He
Or narrated his story to the doctor and was
State the law relating to an attempt to admitted as indoor patient. B attempted to
commit murder. take A back to his house but she was not
Q. 160. Amar drew a loaded revolver allowed to do so. The condition of A was
completely from his pocket but his arm was serious and it took about ten months of
seized by Balwant before Amar could take hospital treatment to recoup him. Has B
any aim at Balwant and before struggling committed any offence? If so, what offence?
Amar said several times to Balwant, I will Give reasons and also refer to relevant
kill you but he could not press the trigger of provision and case law, if any, on the point.
the revolver. Can Amar be convicted for WBJS. 1984
attempt to murder. Give reasons for your (122)
answer. [U.P.C.J. 1987]
Q. 166. A gives opium to B in such a
(120) quantity
as is in normal course sufficient to
Q. 161. A wants to kill B with arsenic cause death of B. B is an opium addict who
poison and with that purpose he administers enjoys it and survives. Is A guilty of attempt
sugar to him in food, believing the sugar to to commit murder? (122)
be arsenic. Discuss the liability of A. (120)
Bihar A.P.P. (A.P.O.) 1981.
[U.P.C.J. 1992]
Q. 167. A, a woman administers
Q. 162. A, with the intention of causing 'dhatura' (a type of poison) to her father-in-
the death of an illegitimate child of tender law B and mother-in-law C but she had. no
age, exposes it in a deserted place. intention to kill B and C. As a result of
Thereafter a passers-by saves the child fr9m administration of'dhatura' Band C suffered
dying. What offences has been committed serious bodily pain resulting in vomiting etc.
by A"? HR.J.S. 2006 but did not die. Is A guilty of 'attempt to ·
(120) murder' Band C under Section 307,I.P.C.?
Q. 163. A shoots at Z with intention to Give reasons and also refer to case law, if
kill him but Z ultimately recovers from injury. any, on the point. (122)
What offence, if any, is committed by A in Q. 168. A student leader of a University
this case? W.B.CJ. 1993 declared himself for self-immolation. He got
(121) logs piled up in front of the main gate of the
University and sprinkled kerosene oil over
Q. 164. A. intending to murder B fires a
it. Thereafter he climbed over the pile of
gun at B. State if any offence has been
wood and sprinkled kerosene oil upon
committed in this case. HRJS. 2000, R.J.S.
himself too. In the meantime the police came
1985, 194 and registered a case of "attempt to commit
(121) suicide". Answer, giving reason whether the
Q. 165. A, a minor step son of B (step student is guilty of committing the said
mother of A) was deliberately starved and offence.[Haryana Judicial Services]. (122)
ill-treated by B while father of A was out of Q.169. A sent arsenic mixed food to B
station. As a result of starvation his health with the intention of causing death of B. B
deteriorated. He was not allowed to contact shared the food with C and D and the food
anybody outside the house and he was not was taken by B, C and D but none of them
-
(.\."Vi) RAM BAAN FORJllDICIAL SEH.YICES I\IAINS K\AI\I.
died. A was prosecuted under Section 307, Is Uu.-rt• llll)' offt•uc:t• 11111h•r Uu• 1114111111
I.P.C. for 'attempt to commit murder' of B, Penal Cotk, Clu• 11Ht•1111,f of whlda IN
C and D. It was argued on behalf of A Hrnt ht> pnnishnhlc whik f ht• t:ommlsslon of Uu-
is not liable at least for 'attempt to murder' offcnct> ~ot>s wiUaouC punlsh11u:1d? UINt' UNN
C and D, as he had intention only to kill 13 rdc, 11111 provisions mi l.'011f11hwcl unclH Ou-
1
and for this purpose, he sent arsenic mixed lndhm Pt>trnl Code 011 flu· point Whsif hns
food to B only and it is B who distributed been Che philosophy in knvl111: Uu·
the food to C and D. Thus, no criminal liability commission of such offc1u:c wlf houf :111y
is made out against him in respect of C and 1n111ishml'11f whnfsoc~vcr'! l I K.JS. 2002
D. Decide, by giving reference to case law, Q. 174. A, a wo1111111 nfh'. r II c1m11Tc·I wW,
if any, on the point. WBJS . .1973
her huslmnd, rnn (o a wc:11 sh,fing flrnf Nlw
(123) would .inmp info ii, and she WllN c:111~hf hy
Q. 170. A, during the quarrel with a some persons heforc she could rclll:h It IN
woman B, flung her child (about 2 years old) A guiHy of Che offence to aHem pt lo com ml(
into a 4 feet deep pond out of anger and also suicide'! Give reasons and also rcfrr fo lhc
told her that death of child would teach her case law, if 1111y, 011 the point 11.ILI.S. 2000
a lesson. But C who was standing near the l) .•J.S. 1971 and 197(,
pond immediately picked up the child from
the pond and the child did not die. Is A guilty ( I 2',)
of 'attempt of murder' the child under Q. 175. R, a village woman ll~ed twenfy
Section 307, I.P.C. Give reasons and also was ill treated by her husband. There WllS 11
refer to the case law, if any, on the point. quarrel between Che two ~nu.I the hushmul
(.123) threatened that he would heat her. I ,ate Chat
Q.171. Explain the offences of"Attempt night, Che woman, taking her six months olcl
to commit culpable homicide", "Attempt to baby in her arms, slipped aw~,y from the
commit suicide" and "Abetment of suicide". house. After she had gone some distance,
she heard somebody coming up behind her
(124) and when she turned round and saw that her
Q.172. 'A' is an absconding criminal with husband was pursuing her, she got into ~•
a warrant of arrest issued against him for panic and jumped into a nearby well with the
dacoity. The chowkidar, getting information baby in her arms. The baby died but I{
of his presence in village proceeded with a recovered. Decide what offences, if any,
party to arrest him. A pointing a blunderbuss have been committed by R. (127)
at the party, pulled the trigger, the cap
exploded but the piece missed fire. (124) Civil Services (I.A.S.) Main Exam., 1975
Has any offence been committed in the Q. 176. A boxes the ear of his friend H
above cases by 'A'? [D.J.S. 1989) which caused bodily pain to B but the pain
was not severe. Has A committed the offence
Q.173. Examine the constitutional
of 'voluntarily causing hurt' to B. Give
validity of Section 309 of I.P.C. (Attempt to
reasons, and refer to the relevant provision/
commit suicide) in the light of judgment of
(125) provisions and the case law as well, if any,
Supreme Court.
on the point. (J 28)
Or
Q. 177. A gives only one slap to his
Whether attempt to commit suicide is an
friend B. The slap caused severe pain Co B
offence or not? Discuss the judgment of the
only for a few seconds. Is A guilty of the
Supreme Court in this context.
offence of 'voluntarily causing hurt ' to H?
Or Give reasons. ( I 28)
INDIAN PENAL CODE (xvii)
Q. 178. A l'. Hnscs hurt to H. Consc,111- Q. 184-B. 'R' a girl, refus ed to marr y
ently ~• was unab le to follow his ordin ary her boy frien d 'S', resu lting into his
pnrsm ts for two week s. . I las. A cause c.J s1mp
• Ie depre ssion . 'N', a frien d of 'S', sugg ested
" 319 or ~ncv
--n . ous him to take reven ge with an inten tion that
hurt dclln _ e(I unde r .Secti
_
11.•~rt (Il'lmc d unde r Secti on 320 of I.P.C.'! 'S' will come out of shoc k, 'N' prov ided 'S'
(,ave .-casons. UPH.JS 2007, CGJ 2007, a bottl e of liqui d belie ving it as acid. 'S'
dark ness and threw
MPC.J, 1998, 2012 misto ok 'P' to be 'R' in
d on 'P', causi ng rashe s on her face,
(128) the liqui
whic h later resul ted into serio us injur ies.
Q. 179· A caus es hurt to 8. Cons eque n- The inves tigat ion revea led that it was not
tly 8 could not follow his ordin ary pursu its acid but was a conc entra te of fungicide. (130)
fo~ 3 week s. Docs the act of A cons titute
gncv ous hurt ? Give reaso ns and also refer Deci de the Crim inal liabil ity of 'S' and
'N' in this case. [UP HJS. , 2018 Part- I]
to relev ant prov ision , if any, on the point .
(128) Q. 185. A, a polic e offic er tortu res Z in
confe ss that he has
Q. 180. A throw s acid on the right hand orde r to indu ce Z to
e. Wha t offen ce does A
of 8, an unm ~rrie d girl of 17 year s, causi ng comm itted a crim RJS 1986
p~rm anen t dis figur ation of her right hand . comm it?
Did A caus e griev ous hurt to B defin ed unde r (131)
Secti on 320, I.P.C .? Give reaso ns. (128)
Q. 186. A, a polic e officer, tortu res B to
Q.181. H pulls his wife W by hairs out induc e him to poin t out wher e certa in stole n
?f anno y~nc e from her. Wha t offence, if any, prop erty is depo sited . Subs eque ntly A was
1s comm itted . (129)
prose cuted unde r Secti on 330, I.P.C. A takes
Give reaso ns and also refer to case law, the defen ce durin g trial that he cann ot be
if any, on the poin t. conv icted unde r Secti on 330, as his tortu re
Q. 182. A threw acid on the face of B, a was not for extor ting confe ssion and Secti on
of
youn g girl. Und er what Secti on of India n 330, I.P.C. can be invok ed only in case
Pena l Code . cau A be conv icted ? (129) exto rting conf essio n and aot in case of
RJ.S ., 1989 extor ting 'adm issio n' or 'info rmat ion' whic h
does not amo unt to confe ssion . Wou ld A
Q. 183. A has knoc ked down two teeth
succe ed in his defen ce? Give reaso ns.
of B. Wha t offe nce, if any, has been
comm itted by A? (129) WBC J. 1997
Q. 184. A beats B in such a man ner that (131)
he perm anen tly loses the sight of his left eye Q. 187. A gave sever e beati ng to B who
but it does not affec t his right eye. Is A guilt y
fell down and beca me unconscious. Thin king
of the offen ce of volu ntari ly caus ing hurt '
that B had died 'A' took away B and place d
puni shab le unde r Secti on 323 or 'volu ntari ly him on railw ay line so that B's body be
caus ing griev ous hurt ' puni shab le unde r crush ed unde r the train . This was done by A
Secti on 325, I.P.C . (129)
in orde r to give it a colou r of suici de and
and Bare joint owne rs of a
Q.18 4-A. A conc eal his invol veme nt. The train came and
car. 'A' with out infor ming 'B' takes the car B was crush ed. The Post- Mort em Repo rt
out of 'B's posse ssion and sold that for a revea led that B died of injur ies caus ed by
cons idera tion of Rs. 5 lac. 'A' utiliz ed this train . Wha t offen ce or offen ces if any have
mone y for reno vatin g his hous e. (130) been comm itted . (D.J.S. 1990)
Wha t offe nce' A' has comm itted ? (131)
[UP HJS. , 2018 Part- I]
. .
(.,, ·iii) R\,t R\:\\ HHUl't)ICL\l. SERVICES ~UINS EX.HI.
"
011ence, ·r any, committed by Am this case.
1
(). lS..~ The.' :u·c.•nscd A (km:mded som~ Bihar A.P.P. (A.P.O.) 1997
mom.,,· from the.' dc.'Cc.':1scd B whidt the h1ttc1 (134)
~:?
owc.'d. him. The.' dc.' CC:tsc.'d promised t~!
h1~r tln :rnd the.' :11.·cusc.'d A thereupon kicked Q. 194. A places men with firearms at
him twice.' ,m the :thdomc.'11 :md the (~ecc:1scd the outlet of a building, and tells Z that they
~olhipsc.'lL H:ts :\ committed the o_t~en~~, of will fire at Z if Z attempts to lea~~ the
l'ithcr ·murder' ,lr ·culp:1bk honucuk . lf building. What offence does A commit.
not. thcn wh:1t ,lffcncc, if any, h:1s been
R.J.S. 1986, UPC.J 1991, W.B.J.S. 1995
1.'c.mtmith.'li hY A? Gh·c n':tsons :md :llso refer
(134)
m the.' •:mtht;ritJ (c:1se h1w) ', if any, on the
p()int. (132) Q.195. A voluntarily goes t? a!fen_d the
Q. tS9. A mot()r trnckw:1s bdng driven marriage of his friend Bon the mv~tataon of
b,· •A' who had no licence.~ for driving. •B' B. During marriage, before drnner,_ A
":ho w~1s the drin'r of the truck w:1s sitting requested to family members of B to give
bY the side of· A'. The truck, while being permission to return back to his home. The
thus drin~n, struck a tdcgraph pole and hit family members of B insisted that ~e retu_rn
s p,.-isserbY, whose one.' kg got crushed and after dinner. A again expressed has desire
0
h:id to be :1mput:1tc-d to save his life. \Vhat to depart for home. The family members of
offt.'n1."e if am· h:1s been committed by' A' and B told him that he would be beaten by them
•B'? . (D.J.S. 1990) if he uoes without having dinner on the eve
(132) of m:rriaue of his closest friend, but took
Q. 190. Discuss the essentials of no action in this respect. A stayed there till
wroru?ful confinement and distinguish it with dinner and left for home at mid-night after
wrongful restmint. [RJS, 1976, UPCJ, 1983, havinu dinner. The family members of B did
- 1984, 2012] nothi;g to prevent A except expressing t~eir
(133) desire by words and there were sufficient
to leave the place before
Q. 191. A is restrained by B from occasions for A
m~mbers of B
proceeding in a 'public street'. Has B dinner. Have the family
wrongful
committed the offence of 'wrongful committed the offence of
restraint' . Gh1e reasons and also refer to the confinement? Give reasons and also refer
case la'w, if any, on the point. (133) to case law, if any, on the point. (134)
Q. 192. A was going in a way by driving Q. 196. Define and distinguish between
his car! in which he had a right to go. Some Force and Criminal Force, and Assault giving
workers ofa political party restr.iined A from illustrations. [R.J.S. 1980, 1991, CG J.S,
proceeding in that way by car as the political 2004, UPCJ, 1991,2012, MPCJ 2009
party has declared a 'bandh' in the town.
Howe,1er, A was allowed to go on foot by (135)
workers of concerned political party. Are the Q. 197. M had caused injuries to the
workers of political party guilty of wrongful vagina of a seven and a half months old child
restraint? Gh·e reasons and also refer to the by fingering. He was charged under Sections
c.ase law, if an)", on the point. (133) 323 and 354 of IPC. Is M guilty under
Q. 193. A, a landlord, after repeatedly Section 323 of IPC? Does a female child of
demanding and not getting the rent of his seven and a half months possess womanly
house from B, the tenant, one day locked modesty? S.376? (137)
the house in order not to allow B to enter it, Punjab Civil Senrices (Judicial) Exam.,
till he pays-off the rent to A. Explain the 2006
INDIAN PENAL CODE (ixx)
Q. 198 . Dc scr i be the off enc es of Q. 204. A, a Hin du wom an tak es awa y
the
voy eur ism and stal kin g. (137) her min or legitimate dau ght er B wit hou t
fath er of B)
con sen t of her hus ban d C (the
[M. P.C .J. 2013, 2012) is
for the pur pos e· of ma rry ing B. A
q. 199. Def ine kid nap pin g. Wh at are
the
pro sec ute d for 'kid nap pin g' her min or
e
the k1_nds of kid nap pin g? Wh at are dau ght er B. Dur ing tria l, A takes the defenc
ess enh als of kid nap pin g? (138) B, so the
tha t she is also the gua rdia n of
ful
UP CJ, 200 0, 2003, 2018, CG J. 2004 que stio n of 'kid nap pin g fro m law
gua rdia nsh ip' does not aris e. Decide, and
Q. 200 . A, an adu lt ma le, a col leg e also refe r to the rele van t cas e law, if any
, on
his
stu den t kno ws tha t a girl B who lives in the poi nt. (14 1)
age
nei ghb our hoo d and is belo w 16y ear s of
A. She mee ts Q. 205. A, a Hin du min or girl goes to
but her rea l age is not kno wn to to
him one day and ask s him to tak e her
in a Mu mb ai from Che nna i wit h her mo the r B
the
the city . app ear at a cer tain exa min atio n. C,
taxi for sigh tsee ing in and aro und had als o
at hus ban d of B (Fa the r of A)
The y go ulti mat ely by trai n to Bombay. Wh s
(139 ) con sen ted for the sam e. In Mu mb ai, X lure
offe nce , if any , has A com mit ted ? from the
the min or girl and rem ove s her
[U.P.H.J.S. 1995) cus tod y of B. X is pro sec ute d by B
for
tak es the
Q. 201 . P lure s Q, a girl of 17 yea rs, to kid nap pin g the min or girl . X
, is
Del hi, wit hou t con sen t of Q's fath er. Wh
at defence tha t C, the fath er of min or girl
und er
offe nce , if any , has bee n com mit ted by
P in the rea l (na tura l) gua rdia n of the girl
did
·thi s cas e? (140 ) Hin du Law and not the mo the r and he
rdia nsh ip
not rem ove the girl fro m the gua
Q. 202 . P lure s Q, a boy of 17 yea rs, to not
P of fath er but from mo ther . Thu s, he has
Del hi wit hou t con sen t of Q's fath er. Has com mit ted the off enc e of 'kid nap pin g'
com mit ted the offe nce of'k idn app ing from e
also def ined und er Sec tion 361. Is the def enc
law ful gua rdia nsh ip'? Give reas ons and ofX sus tain abl e at law ? Give reas ons . (141 )
ard .
refe r the rele van t pro visi on in this reg
(140) Q. 206. A, hav ing lost his own chi ld
ed
developed gre at affection for B, a child (ag
ent
Q. 203 . A, a Hindu hus ban d and wife B 4 years) of a neighbour. Ou t of his atta chm
ree d into the
are livi ng sep ara tely as a res ult of a dec and love for the chi ld, A sne ake
d
of jud icia l sep ara tion gra nte d by a Fam
ily nei ghb our 's hou se and too k awa y the chil
and the n
Co urt . Th e cus tod y of min or leg itim
ate inte ndi ng to hav e his com pan y
ent
dau ght er of A and B (ag ed 4 yea rs) has also retu rn him safe ly to his house. The par
ld's
bee n giv en to B (the wif e ofA and mo the
r.of of the chil d lod ged rep ort abo ut the chi
,
min or leg itim ate dau ght er) by the Fam
ily disa ppe ara nce and A was the rea fter cau ght
se to
Co urt . On e day A tak es aw ay bis min or whi le retu rnin g to the nei ghb our 's hou
has
dau ght er wh ile B is not pre sen t the re.
B rest ore the chil d. Wh at offe nce, if any,
ght er bee n com mit ted by him. (141)
pro sec ute s A for kid nap pin g of her dau
from law ful gua rdia nsh ip. The arg um
ent s [UP HJS , 1980, 1995)
du
adv anc ed on beh alf ofA is tha t und er Hin Q. 207. Define " Abd uct ion ". How does
itim ate
law fath er is the gua rdi an of his leg it diff er from "Ki dna ppi ng" ? [U.P.C.J. 198
2,
g ~f
chil,d, so be is not liab le for J_ddnap~in _1985, 1987,1991, 2000, 2003,
g his
his dau ght er. Is A gui lty of kid nap pm U.P.H.J.S. 2009,1980, 1995, 1997, 2014,
also r efe r
own dau ght er? Giv e rea son s an~ 4 0) R.J .S. 1976, 2014, CG J 2004)
to the cas e law , if any, on the pom t. (l (142)
Biba r A.P.P. (A. P.O .) 198 9