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SOLVED PROBLEM
PROBLEM 1
Answer 1: A has committed no offence as per the defense given in the section 80
ie Accident This Exception under section 80 which precludes the presence of
mensrea . It also speaks that the act must be a lawful act done in lawful manner
and by lawful means with due care and caution.
For a crime to take place it requires the element of mensrea (evil intention )coupled
with the acts Reus(outward act to achieve the evil consequences ) .
In the present case, A shot at the bush having reason to believe that it is a fowl
,thus accidently killing B who was behind the bush so A has not committed any
offence.
PROBLEM 2
Answer 2: The present problem is covered by the exception given under section
93.Section 93 speaks of communication made in good faith .Where any
communication is made to a person in good faith and if it causes any harm to him
, then the person making the communication has not committed any offence ,if
such communication is made for the benefit of the person ,
In the present problem , the communication made by the surgeon to his patient
regarding his short life is no offence because the doctor communicated the same
in good faith ,so as to make the patient realize his status and help him take decisions
for his family members .
However ,in the present case the communication was of no benefit to the patient
himself as it caused his death. So the surgeon may be held liable . Good faith of
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the surgeon and the benefit of the patient are 2 different things ,so in the light of
this argument ,surgeon may be held liable .
PROBLEM 3
Answer 3: In the given problem A, the police officer fires on a mob and in this
firing if any person are killed ,then he is not liable for the same as his act is covered
under section 76 of IPC. Thus A has not committed any offence .
Section 76 speaks of acts done either in good faith or under a bounded duty to
follow the orders of his superiors .The acts done in both these instances do not
amount to an offence .
In the present problem the police officer opened fire as he was bound to obey the
orders by the superior officer . If such order given by the superior is taken lawfully
then the officer obeying it has not committed any offence as in the present problem.
Thus A has not committed any offence .
However ,if the superior has given orders which are unlawful then the officer obeys
in spite of knowing it to be unlawful cannot take the defense under section 76.
Blindly Obeying unlawful orders just because they are given by a superior shall
not protect him, but may reduce the punishment to be awarded .
PROBLEM4:
Answer 4: In the present problem ‘A’ instigates ‘B’ to commit the murder of
‘D’.Here the liability of ‘A’ is that he has committed the offence of Abetment by
Instigation .
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PROBLEM 5
Answer 5: In the present problem ‘B’ gets provoked by the striking or hitting by
‘A’. So ‘B’ gets excited in a great anger and kills ‘A’ with the knife .The offence
committed by ‘B’ is murder .Though there was a provocation given by ‘A’ by
hitting , ‘B’ cannot take the defense given under the 1 exception to murder.
Exception 1: Culpable homicide is not murder if the act of killing was as a result
of grave and sudden provocation. Provocation means acts done by a person
which causes another person to lose his self control and subject to passion . So
the provocation must be grave and sudden both .If it is only one that is only grave
act or only sudden act then the exception does not apply .
In the present case, the hitting by ‘A’ may cause sudden provocation but it is not
grave so ‘B’ is not covered under the 1 exception . The act must be both grave
and sudden to react .
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So ‘B’ is liable for the murder which is Punishable with death or life
imprisonment as given under section 302 for Murder .
Here the offense of ‘C’ is Abetment by Intentional Aiding . ‘C’ has actively
involved in the commission of the offense by putting a knife in the hand of ‘B’.
‘C’ knew that ‘B’ will strike with the knife and kill ‘A’.
The act of ‘A’ is Punishable under section 109 for abetting the offence of
murder and the punishment is the same as that for murder ,which is punishable
under section 302 with death or life imprisonment .
PROBLEM6
Answer 6: In the given problem the Hindustan Transport Co had been entrusted
property by ‘A’ to be carried by land . The carrier company dishonestly misuses
the property . ‘A’ has committed the offense of Criminal Breach of Trust given
under section 405.
The section 405 gives the ingredients of the criminal breach of trust ,which are
PROBLEM7
Answer 7 : ‘A’ has committed the offense of Wrongful Restraint under section 339
of IPC.
Section 339 speaks that a offense of wrongful restraint is committed if any person
obstructs another person who has a right to proceed in that direction lawfully .
So ‘A’ by building a wall has prevented ‘B’ to proceed in the direction in which
he had a right to pass lawfully .
The punishment for wrongful restraint is given under section 341 of IPC which is
simple imprisonment upto1 month or with fine upto 500rs or both .
PROBLEM8
Answer 8: The offense committed by ‘A’ is covered by the exception given under
section 76 ‘A’ the officer of the court being ordered by the court to arrest ‘Y’
arrests ‘Z’ after due inquiry .The section excuses a person who by reason of a
mistake of fact in good faith believes himself to be bound by law to do a certain
act .
When a person acts with a good intention and exercises due care and caution which
his duty demands ,he is said to act in good faith. So ‘A’ the officer of the court
after due enquiry believes in good faith that Z is Y . He does the act under the
mistake of fact believes himself to be bound by law to do the act.
So anything done in good faith saves the person from the outcome or result of the
act .
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PROBLEM9
Answer 9: In the present problem ‘A’ has the intention to permanently disfigure
the face of ‘Z’ and thus hits him in the face which results in a severe bodily pain
for 20 days . The offense committed by ‘A’ is Grievous hurt under section 320 of
IPC.
Section 320 gives 8 instances where Hurt is converted into grievous hurt and the
present problem is given under the 8th type .It speaks that if anyone is made to
suffer severe bodily pain for a period of 20 days or is unable to do his daily work
, he is said to cause grievous hurt
Punishment for grievous hurt is given under section 325 for causing grievous hurt
voluntarily is imprisonment for a period upto 7 years and fine .
PROBLEM 10
PROBLEM11
PROBLEM 12
PROBLEM13
Answer 13:’B’ in this case has not committed any offence as his act is
covered under the exception given by section 92 i.e Act done in good faith
for the benefit of a person without the consent . Here with the good
intention to save his friend ‘B’ fires a shot aiming at the tiger without
taking the consent of ‘A’, as in the given circumstances ‘A’ is incapable of
giving consent . But there is every likelihood that the shot may hit his
friend ‘A’.
In the given instance the shot killed ‘A’ , but ‘B’ is not liable for any
offence .
PROBLEM14
Answer 14 :In the present problem ‘A’ has committed the offence of murder
.His act does not come under the first exception to murder :
Exception 1: Culpable homicide is not murder if the act of killing was as a
result of grave and sudden provocation. Provocation means acts done by a
person which causes another person to lose his self control and subject to
passion . So the provocation must be grave and sudden both .If it is only
one that is only grave act or only sudden act then the exception does not
apply .
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In the present case ‘A’has intentionally killed the child of ‘B’ and as the
child has not provoked ‘A’,the act of ‘A’ amounts to murder .
Punishment for Murder is given under section 302 of the IPC ,i.e Death
sentence or life imprisonment and also fine .
PROBLEM15
Answer15 :In the present problem , ‘A’ finds the ring and sees that it is of
value sells it . So ‘A’ has committed the offence of Criminal
misappropriation of property under section 403 When ‘A’ discovers that the
ring is valuable , he dishonestly intends to sell the same and at the same time
does not make any conscious attempt to find the owner. So when ‘A’
immediately sells the ring ,it shows his dishonest intention to misappropriate
or to take something which he is not entitled to do so, there by causing a
wrongful gain to himself and a wrongful loss to the owner .
The punishment for the offence of criminal misappropriation is given under
the section 403 ,imprisonment (either SI or RI ) upto 2 years or with fine or
with both .
PROBLEM 16
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Answer 16: In the present problem all the four persons went armed to
commit robbery . This shows the presence of common intention to commit
the robbery Section 34 is not a substantive offence in itself .It is a rule of
evidence .It is an instance of Constructive Criminality that is liability for all
the acts of one or some of them .Common intention is an intention shared by
all . Where there is the meeting of the minds by the prearranged plan between
the four persons and that these people had participated in some manner in the
commission of the offence in furtherance of such common intention shall be
equally liable for such offence .
The present facts of the problem are similar to Shreekantiah Ramayya
Munipalli v. State of Bombay . In this case the court held that all the persons
must have participated in some way or other at the time of commission of the
offence in furtherance of the common intention .Though one accused
actually committed the robbery in ‘A’ house , another caused an injury to
‘A’ and the remaining 2 persons were standing outside the house to help
their partners .The participation of all four is different but they shall be liable
for all the acts of one or another among them because of the common
intention shared by them.
Thus all the four persons are liable for the offence of Robbery with deadly
weapons given by section 398 and the punishment for the offence is upto 7
years .
PROBLEM17
Answer 17: In the present problem ‘A’ has committed the offence of
Wrongful Confinement under section 340 of IPC.
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PROBLEM 18
Problem19:
Answer 19 :In the present case the statement made by ‘A’ amounts to
defamation under section 499 of IPC.
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PROBLEM 20
Answer 20: In the present case the facts are similar to R v. Prince .The
offence committed by ‘A’ is kidnapping from Lawful Gaurdianship under
section 361. His presumption that the girl is a major does not hold
good.His act of taking the girl out of the custody of her parents without
their consent amounts to the offence of Kidnapping from lawful
guardianship .
The punishment for the offence is given under section 363,which is
imprisonment upto 7 years .
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PROBLEM 21
PROBLEM 22
Answer 22: In the present case ‘A’ has committed the offence of
criminal force under section 350.The section requires the use of force
by one person against another . Such force becomes criminal where it
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is done without the consent of the another for the commission of the
offence or for causing injury or instilling fear or annoyance . In the
above instance ‘A’ unfastened the boat thereby causing change of
motion with the intention to annoy the women passengers .
The punishment of ‘A’ for the offence is as given under section 352 of
IPC which is upto 3 months of imprisonment or fine upto Rs.500 or
both .
PROBLEM 23
Answer 23: In the present case ‘X’ married ‘Y’ in a temple and later
released her and married ‘Z’ as per the ceremonies of the brahmin
community . when ‘X’ released ‘Y’ there must be a honest belief that the
marriage has ended and thereafter if ‘X’ remarries ‘Z’, it does not amount
to Bigamy as there is the absence of a guilty mind .