| ERAN NE

BLS LLB

Monday, 7 March 2016

law of crime (situational question and answers) - 1Ib - 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.

. 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.

. 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.

. 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.

. 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.

. 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.

. 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.

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

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

. 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.

. 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)

. 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.

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).

. 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.

. 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.

. 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.

. 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.

. 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.

. 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)

. 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.

. 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)

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.

. Discuss the laibilty of Alex.

Alex being the Consul General of a Foreign Country in India, is entitled to the

immunity from criminal liability.

. 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 ‘2’ — “The Book is foolish and indecent. ‘2’
must be a weak man”. ‘B’ says — "The book is foolish and indecent, for ‘2’
is a weak man”.

. 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.

. 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.
. 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.
. 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.

. 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.

. 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.

. Which offence he has committed?

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

. 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.

. 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.

. 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.

. 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)

. 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.

. What offence did Shridhar guilty of?

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

. 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 —

. 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.

. 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.

. 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%

. 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.

. 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)

. 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.

. 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)

. 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.

. 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.

. 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.

. 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.

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.
. 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)

. 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.

. 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.

. 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.

. 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.

. 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.

. 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.
. 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.

. 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.

. 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.

. 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.

. 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.

. 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.

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.

. Is Bandya guilty of Rape?

Yes, Bandya is guilty of Rape. The Sexual Intercourse is without consent. Explain

(Section — 90) read with (Section 44)

. 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.

. 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.

. 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.

. 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.

. 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 getinto 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.

. 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)

. 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 18th 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

. 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.

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.

. 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.
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.

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.

. 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.

. 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.

. 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.

. 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.

. 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.

. 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.

. 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.

. 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.

. 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.

. 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.

. 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.

. 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.

. 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.

Unknown at 09:14

4 comments:

alex 2 July 2020 at 23:52

Great post.
forum.cs-cart.com

Reply

shaun 6 December 2020 at 22:54

Great post.
https: / /bit.ly/uaelawfirm

Reply
Unknown 27 January 2021 at 04:27

boy stands at bus stop and whistles at girl and passes comments at her. as girl
passes the boy acts as
pulling her dupatta. boy boarded the bus after girl and scratches the seat by pen.
what are the offenses
committed by boy and what if girl slapped the boy whether she is guilty for
offence.
Reply

T Replies

£70. 25 May 2021at 23:19

|=
- Slapping boy is not offence as he has provoked her, n she's exercising right of
private defence

Reply

To leave a comment, click the button below to sign in with Google. “

SIGN IN WITH GOOGLE

View web version

About Me

8 Unknown

View my complete profile

Powered by Blogger.