AB INITIO LAW INSTITUTE

INDIAN PENAL CODE

FULL MARKS- 150, TIME- 3hrs

Q.1 "A" and "B" together enter into a shop of home appliances at 08:00 PM by breaking open its
window to commit theft. A servant was sleeping inside the shop who woke up on hearing the noise.
When he confronted "A" and "B" while they were committing theft, "A" apprehending threat to their
lives and in order to defend himself, picked up a kitchen knife lying in the shop and stabbed the servant.
Both "A" and "B" ran away from the spot without taking away any property with them. Though the
knife blow was not fatal but the servant succumbed to the injuries next day due to loss of blood as he
could not get timely medical treatment. Decide the culpability of "B". 25marks

Q2. An Afgan citizen, while staying at Kabul, made false representations to Karan, the complainant at
Bombay through telephone calls and emails and induced Karan to give 5 lakh to the agents of the
accused at Bombay, so that rice could be shipped from Kabul to India as per agreement. But rice was
never supplied. Can the Afghan citizen be held liable for any offence in India? If so, how can he be
prosecuted in India under Indian Penal Code, 1860? Explain in the light of relevant legal provisions and
case laws. 25marks

3. A has a grudge against B, suspecting him to be a police informer and responsible for a raid at the
business premises of A. One evening, A confronts B and says that he needs to be taught a lesson for
being a chum of the police. A fires from his pistol aiming at B. B ducks. The single fire enters his chest
and exits from his back and in the process damages his vital organs. B dies. The Medical opinion of the
nature of injury sustained by B is as being dangerous to life. In cross-examination, the doctor states
that had B not ducked, the fire might have hit on the right thigh but, nevertheless, the same would
also have been dangerous to life. Analyze the factual matrix and write as to whether, in the given
circumstances, the culpability of A should be that of Murder or that of Culpable Homicide Not
amounting to Murder. 25 marks
Q4. The Law Commission of India, in its 279th Report on Usage of Law of Sedition’, stated that Section
124A, IPC only seeks to penalize the “pernicious tendency to incite violence or cause public disorder
in the guise of exercising right to freedom of speech and expression” and that India is a democracy
where people are at liberty to constructively criticize the Government in a healthy manner.

Critically examine the above mentioned report of the Law Commission of India in the light of various
judicial decisions. 25 marks

Q5. A bus stopped at the stand. A man and a woman started to board it from the front gate. The driver
put it in motion throwing the woman on road and the man under back left wheel.

While the man died, woman suffered only bruises. The driver pleaded ‘not guilty’ to charges under
sections 279, 337, 304A of the Indian Penal Code and in alternative asked for probation.

Write judgment to decide the case keep in view the points likely to be raised by the prosecutor and
the accused Driver. (25 marks

Q6. What is Mc Naughten's rule and its significance in IPC? (25 marks

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