Solved Papers, IPC

2015

1. What do you mean by “Fabricating False Evidence”?

Fabricating False Evidence is defined under Section 192 of the IPC, and it involves creating or
presenting false information, entries, or documents with the intention of using them as evidence
in a legal proceeding. The aim is to mislead and cause someone involved in the proceeding to
form an incorrect opinion about a material aspect of the case.

2. Define Indian Coin?

This is defined under section 230, Indian Coin is a metal stamped and issued by the authority
of Government of India in order to be used as money.

3. What do you mean by Hurt?

Hurt is defined under section 319 of IPC, causing any bodily pain, disease or infirmity to any
person.

4. Define Force?

Force is defined under section 349, a person is said to use force to another if he causes motion,
change of motion or cessation of motion to another person.

5. Define Assault?

It is defined under section 351, it means making any gesture or any preparation intending or
knowing is about to the use of criminal force mentioned under section 350 of IPC.

6. What do you mean Thug?

It is mentioned under section 310, it means any person or persons that are habitually associated
with others for the purpose of committing robbery or child stealing.

7. What do you mean by stolen property?

It is mentioned under section 410 of IPC, It means a property whose possession has been
transferred by theft, or by extortion, or by robbery and the property has been criminally
misappropriated.
8. Define Lurking house by Night?

It is defined under section 444 in IPC, Whoever commits lurking house-trespass after sunset
and before sunrise, is said to commit “lurking house-trespass by night”, and shall be punished
with imprisonment of either description for the term which can be extended to 3 years + fine,
section 456.

9. Explain Forgery?

It is mentioned under section 463 of IPC, it means making any false document or false
electronic record or part of a document or electronic record with intent to cause damage or
injury.

10. What is criminal Intimidation?

It is mentioned under section 503 of IPC, whoever threatens another with any injury to his
person, reputation or property, or to the person or reputation in which he is interested, and
compels him to do which he is not legally bound to do.

Part B
11. Explain crime of Dowry Death?

Section 304B of IPC defines dowry death as, “if a woman dies within seven years of marriage,
by any burns or bodily injury, or it was revealed that before her marriage, she was exposed to
cruelty or harassment, by her husband or any other relative of the husband, in connection to
demand dowry, then the death of the woman will be considered as dowry death.”

Essentials of dowry death

• Death must be caused by burns, bodily injury, or other circumstances.
• Death must occur within seven years of marriage.
• It must be disclosed that soon before her marriage, she was exposed to cruelty or
harassment by her husband or any other relative.
• The cruelty or harassment of her should be connected to the demand for dowry.

Punishment for dowry death is a minimum sentence of imprisonment for seven years or a
maximum sentence of life. The bare act reading of the punishment for dowry death states that
"whoever commits dowry death shall be punished with imprisonment for a term which shall
not be less than seven years but which may extend to imprisonment for life."
In Satbir Singh & another vs State of Haryana, the Supreme Court observed that the phrase
‘soon before death’ cannot mean ‘immediately before’. The Bench further observed that a close
and live link between the dowry death and cruelty or harassment by the husband and his
relatives must exist.

In Bachni Devi vs State of Haryana, 2011, the Supreme Court stated that any demand of any
property or valuable security which is in any way connected with marriage constitutes dowry
demand.

12. Explain the crime of Adultery?

The offence of adultery is dealt under section 497 of IPC. It provides that:

I. If any person performs sexual intercourse with a female.

II. that female is a wife of another man, or he believes her to be the wife of another man.
III. Such act should be without the consent or assistance of her husband.
IV. Sexual intercourse must not be rape; that is, the wife’s consent should be present. It
should be voluntary sexual intercourse.
V. Such a person is an offender for the offence of adultery under section 497 of the
Indian Penal Code.

Punishment for Adultery

Any person who commits the offence of adultery shall be punished for imprisonment up to five
years or fine or with both. The offence is non-cognizable and bailable. It is a
compoundable offence.
Yusuf Abdul Aziz vs state of Bombay, 1954: In this case, the court held that a woman cannot
be punished under this section, not even as an abettor.
Joseph Shine vs Union of India, 2018: In this case, the Supreme Court struck down the law of
adultery, declaring it as unconstitutional and gender-biased. And it also struck down
section 198 of the Criminal Procedure Code, which provides for the procedure to file a
complaint of adultery.
Note: For the purpose of military and other armed forces, this provision still applies, with the
suitable modifications.

Reasons for Scrapping

I. In section 497 of IPC, a phrase is used “without the consent or connivance of the
husband.” This phrase implies that the women is a property of a husband. It
denotes as if the husband is having right over his wife’s mind and body. If the
husband has given his consent, then the other person performing sexual
intercourse with his wife is not guilty of adultery.
 II. The law of adultery does not give rights to the other wife, whose husband has
done the act of adultery. She can’t prosecute her husband under section 497 of the
Indian Penal Code.
III. Section 497 is a gender-biased law. It restricts a female’s sexual sovereignty but
not of a man.
IV. Right to life under Article 21 of the Indian Constitution also includes one’s own
way of living until it harms any other person’s life. Sexual orientation is one’s
own individual choice, and it can’t be treated as a crime.

13. Explain the crime of “Robbery by Extortion”?

The act of robbery is defined in section 390 of the IPC. In all robbery, there is either theft
committed or extortion. It is an advanced stage of any act of theft or extortion.

Section 390 of IPC states, Extortion is “robbery” if the offender, at the time of committing the
extortion, is in the presence of the person put in fear, and commits the extortion by putting that
person in fear of instant death, of instant hurt, or of instant wrongful restraint to that person or
to some other person, and, by so putting in fear, induces the person so put in fear then and there
to deliver up the thing extorted.

Thus, extortion becomes robbery when the following essentials/conditions are satisfied;

I. Presence of the person put in fear: The offender must be physically present with the person
they are attempting to extort from or in close proximity to that person.
II. There is a commission of extortion.
III. Such extortion should be by putting another in the fear. This fear can be of instant death,
instant hurt, or instant wrongful restraint to that person or to someone else.

IV. Immediate delivery of the thing extorted.

Illustration: A meets Z and Z’s child on the high road. A takes the child and threatens to fling
it down a precipice, unless Z delivers his purse. Z, in consequence delivers his purse. Here A
has extorted the purse from Z, by causing Z to be in fear of instant hurt to the child who is there
present. A has therefore committed robbery on Z.
However, if A obtains property from B by saying, “Your child is in the hands of my gang, and
they will kill him unless you send us ten thousand rupees.” This is the offence of extortion, and
punishable as such, but it would not be the offence of robbery unless B is put in fear of the
instant death of his child.
14. What is meant by “Cheating by personation”?

In general parlance, "Cheating" refers to an act of deception or dishonesty with the intention to
gain an unfair advantage or cause a wrongful loss to someone else.

Section 416 deals with the offence of cheating by personation. It states, A person is said to
“cheat by personation” if he cheats by claiming to be someone else, or by knowingly replacing
one person for another, or by falsely representing him to be some other person.

Note: The offence will be committed whether the person personated is a real or imaginary
person.

Illustration: A deceives by pretending to be a person B who has already died. Here, A cheats
by personation.

Punishment for Cheating by Personation, Section 419

As per section 419 of the Indian Penal Code, if a person cheats another by personation, the
person committing the offence shall be punished with imprisonment of either description of up
to three years or a fine, or both.

Part C
15. Explain the section 299 and section 300 , Difference, Illustration and case laws?

Culpable homicide is a genus and murder its species. “All murders are culpable homicide, but
all culpable homicides are not murder.”

According to Section 299 of the India Penal Code, culpable homicide means the unlawful
killing of a human being, and this killing becomes murder when the act firstly fulfills all the
conditions of section 299 and then section 300.

16. Explain the crimes of Kidnapping, its forms: Lawful guardianship and Abduction,
Difference.

The word “kidnapping” has been derived from the word ‘kid’ meaning child and ‘napping’ to
steal. Thus the word literally means “child stealing”.
Section 359: Kidnapping is of two kinds: kidnapping from India, and kidnapping from lawful
guardianship.

Section 360, Kidnapping from India: Whoever conveys any person beyond the limits of India
without the consent of that person, or of some person legally authorized to consent on behalf
of that person, is said to kidnap that person from India.

Conveys, any person, beyond the geographical limits of India, without his consent or any other
person who is authorize to consent on his behalf.

Section 361, Kidnapping from lawful guardianship: Whoever takes or entices any minor
under sixteen years of age if a male, or under eighteen years of age if a female, or any person
of unsound mind, out of the keeping of the lawful guardian of such minor or person of unsound
mind, without the consent of such guardian, is said to kidnap such minor or person from lawful
guardianship.
Exceptions: in good faith believes himself the father of an illegitimate child, or believes that
he is legally entitled for the custody of such child.

1. There must be taking or enticing of a minor, or a person of unsound mind;

2. Such minor must be under 16 years of age, if a male, or under 18 years of age, if a
female;
3. Taking or enticing must be out of the keeping of the lawful guardian: The term used in
the IPC is 'lawful guardian' and not 'legal guardian'. The expression 'lawful guardian' is
a much more wider and general term than the expression 'legal guardian'. 'Legal
guardian' would be parents or guardians appointed by courts. 'Lawful guardian' would
include within its meaning not only legal guardians, but also such persons like a teacher,
relatives etc, who are lawfully entrusted with the care and custody of a minor.
4. Taking or enticing must be without the consent of such guardian.

The courts have formulated certain guiding principles in section 361, besides its essential
ingredients, which are as follows:
1. In the case of minor girls this section is attracted irrespective of the question whether she
is married or unmarried.
2. The consent of the minor is immaterial. (State of Haryana vs Raja Ram, AIR 1973 SC
819)
3. The motive or intention of the kidnapper is also immaterial. (State vs Sulekh Chand, AIR
Punj. 83)
4. If the kidnapped girl turn turns out to be under 18 years of age, the kidnapper will be held
liable, even though he had a bonafide belief and reasonable ground for believing that she
was over eighteen years. (Queen vs Prince, (1875) LR 2)
S Varadarajan v State of Madras , air1965SC: a girl who was on the verge of attaining majority,
voluntarily left her father's house, arranged to meet the accused at a certain place and went to
 the sub-registrar's office, where the accused and the girl registered an agreement of marriage.
There was no evidence whatsoever that the accused had 'taken' her out of the lawful
guardianship of her parents, as there was no active part played by the accused to persuade her
to leave the house. It was held that no offence under this section was made out.

Abduction
Abduction in common language means carrying away of a person by fraud or force.

Section 362, Abduction: Whoever by force compels, or by any deceitful means induces, any
person to go from any place, is said to abduct that person.
Biswanath vs. state of UP, air1960SC: it was held in this case that abduction is itself not an
offence, so far as it is accompanied by the further sections of chapter 16.

Allu vs Emperor, AIR 1925 Lah 512, It would be an offence to carry a grown-up woman by
force against her own will even with the object of restoring her to her husband.

Section 363, Punishment for kidnapping and abduction: imprisonment of either description
for a term which may extend to seven years, and shall also be liable to fine.

Distinction Between Kidnapping and Abduction

Kidnapping
(1) Kidnapping from guardianship is committed only
in respect of a minor (of the age specified in s 361) or
a person of unsound mind.
(2) Person kidnapped is removed out of lawful
guardianship.
(3) Taken away or enticed to go away with the kid-
napper. The means used are irrelevant.
(4) Consent of the person kidnapped is immaterial.
(5) Intent of the kidnapper is irrelevant.
(6) Not a continuing offence. It is complete as soon
as the minor or person of unsound mind is removed
from lawful guardianship.
(7) Kidnapping outside India.
(8) Kidnapping is a substantive offence.
Abduction
(1) Abduction may be in respect of a person of any
age.
(2) No such thing necessary. It has reference exclu-
sively to the person abducted.
(3) Force, compulsion and deceitful means are used.
(4) Consent of the person condones the offence.
(5) Intent of the abductor is the all important factor.
(6) It is a continuing offence. It continues so long
as the abducted person is removed from one place
to another.
(7) Abduction may be anywhere within or without.
(8) Abduction is an auxiliary act. It becomes
punisha- ble only when it is done with either of the
intents
specified in s 364 to 366.

17.
18. Explain the crimes of robbery by theft and also differentiate between robbery and
dacoity?
Robbery can be said to be inclusive of theft. Section 390 states that in every kind of robbery,
there is either theft or extortion. When an offence of theft includes all the essential elements
that constitute a robbery, that offence of theft will become the offence of robbery.

The section reads as:

The act of theft becomes robbery when:-

1. In order of committing theft or while attempting theft, or

2. In carrying the property of theft or attempting to carry the property obtained after the theft,

3. The offender causes or attempts to cause other person death, or hurt, or wrongful restraint,
or

4. makes the other person under fear of instant death, or of instant hurt, or of instant wrongful
restraint.

Note: In a normal act of theft, there is no use of force or intention to cause hurt, death, or
wrongful restraint. This is the reason for robbery being an advanced stage of theft. It is the
stage when theft becomes robbery.

Illustration

A went to B’s house for a party. There he found an expensive ring lying on the table of B. A
with ill intention takes the ring and puts it in the pocket to take away. When A was trying to
escape, B comes to know that his ring is missing. While searching here and around, it was
found with A. A in attempting to take away the ring hits B down the floor and runs away. Here
A has caused hurt to B while taking away property obtained by the theft.
 Differences between dacoity and robbery
Basis Robbery Dacoity

Meaning Robbery is an aggravated Dacoity is an advanced

form of theft or extortion, form of robbery wherein
wherein there is fear of at least 5 perpetrators are
death, grievous hurt, or involved conjointly in its
wrongful restraint. commission.

Punishment Section 392 of the IPC Section 395 of the IPC

prescribes the punishment
for robbery, which is upto
10 years of rigorous
imprisonment as well as
fine. Further, upto 14
years of imprisonment has
been specified if robbery is
‘committed on the
highway between sunset
and sunrise’.
prescribes the Punishment
for dacoity, which is life
imprisonment, or upto 10
years of rigorous
imprisonment as well as
fine.

Liability for Intention/ Robbery is only Dacoity is amongst few of

Preparation/ Attempt/ punishable in the last two the offenses in IPC, which
Commission stages of crime, viz., is punishable at all stages
attempt and of crime.
accomplishment.

Number of Perpetrators 1 5

18. Explain the crimes of dishonest misappropriation of property and criminal

breach of trust?

Criminal Misappropriation of Property

Section 403 of the Indian Penal Code deals with the offence of criminal misappropriation of
property. It provides that whenever a person, with dishonest intention, misappropriates or
converts any movable property for his own use, he is said to commit the offence of criminal
misappropriation of property.

Explanation 1: Dishonest misappropriation of property can be of a temporary or permanent

nature.
Explanation 2: It provides that when a finder of goods did not make reasonable efforts to
ascertain or locate the real owner of such property, and misappropriates it for his own use, he
will be liable under this section.

Punishment: The same section provides that the person who commits the offence of dishonest
misappropriation of property will be punished with imprisonment of either description for a
term that may extend to two years or with a fine or with both.

Essentials
I. There must be a movable property.
II. The person must misappropriate or convert such property to his own use.
III. There should be the presence of dishonest intention in doing so.
IV. The duration for which that person misappropriated such property is an irrelevant
matter, State of Madhya Pradesh vs Pramod Mategaonkar (1964).
Illustration: Arjun takes property belonging to Riya out of Riya’s possession in good faith,
believing that, at the time when he takes the property, it belongs to himself. Here Arjun is not
guilty of theft. But suppose Arjun, even after discovering his mistake, that such property
belongs to Riya, dishonestly misappropriates the property for his own use; in that case, he
would be guilty of an offence under section 403 of IPC, which is dishonest misappropriation
of property.

dishonest misappropriation of property possessed by deceased person at the time of

his death, Section 404
Section 404 IPC says that whoever commits dishonest misappropriation of such property which
is in possession of a deceased person (the person who is dead) at the time of person’s death,

such person shall be punished with imprisonment of either description for a term which may
extend to three years, and shall also be liable to fine.

And, if dishonest misappropriation of property is done by the person who was employed as a
servant or clerk of the deceased person, he shall be punished with imprisonment which may
extend to 7 years, and shall also be liable to fine.

The reason for more severe punishment in the case of a clerk or servant is because they have a
fiduciary or trust-based relationship with their employer.
 Criminal Breach of Trust – Section 405 IPC
Section 405 of IPC provides for the offence of criminal breach of trust. It provides that when
a person is entrusted (means when the property is delivered out of trust) with the property of
another or have some kind of control or authority over the property of another, and if that
person dishonestly misappropriates or converts the property for his own use, the person is said
to commit the offence of criminal breach of trust.

In simple words, if a property is delivered to another person out of trust and that person
dishonestly converts the property for his own use, he commits the offence of criminal breach
of trust.

For example: Ajay entrusts his watch to Karan for two days. Karan dishonestly converts the
watch to his own use. Here, Karan has committed the offence of criminal breach of trust under
section 405 of IPC.

Note: Section 405 of IPC does not specifically provide the type of property. Thus, the offence
of criminal breach of trust may be made against any type of property, either movable or
immovable.

Essentials of Criminal Breach of Trust

The following essentials must be fulfilled to hold anybody liable for the offence of criminal
breach of trust:

1. A person must be entrusted with some property or should have any dominion (control
or authority) over the property.
2. That the person:
I. must have dishonestly misappropriated or converted the property for his own use,
or
II. should have dishonestly use or dispose of that property or willfully make any
other person to misappropriate the property.
3. Such an act must be done in violation of any law of trust or any legal contract of trust.

Punishment for Criminal Breach of Trust

Punishment for the offence of criminal breach of trust is provided under section 406 of IPC.,
i.e. imprisonment of either description for a term which may extend to three years, or
with fine, or with both.
 Case Laws Related to Criminal Breach of Trust
Ram Narain Popli vs Central Bureau of Investigation (2003): In this case, the court defined the
term ‘entrustment‘ of any property. Entrustment means handing over the possession of the
property for some purpose that may not infer the proprietary rights.

Rashmi Kumar vs Mahesh Kumar Bhada (1996): In this case, the Supreme Court held that
when the wife is entrusted with her Streedhan property and gives the dominion (authority) to
her husband or any other member of the family, in such a case, if her husband or any other
member of the family dishonestly misappropriated the property for their own use, the husband
or other family member commits the offence of criminal breach of trust. Streedhan property is
whatever a woman receives during her lifetime or a property specially belonging to a woman.

Differences
The major difference between Criminal Misappropriation and Criminal Trust

On the basis of:

• Provision: Section 403 of the Indian Penal Code, 1860 defines Misappropriation of
the property whereas Section 405 of the Indian Penal Code, 1860 defines Criminal
Breach of Trust.

• Possession: In Criminal Misappropriation, the property comes into the possession

of the offender in some natural manner or by some casualty, but in Criminal Breach
of Trust, the property comes into the possession of the offender due to the
entrustment by the owner of the accused.
• Relationship: In Criminal Misappropriation, there is no contractual relationship
between the offender and owner of the property, but in Criminal Breach of Trust,
there is a contractual relationship between the offender and owner regarding the
property.

• Nature of the property: In Criminal Misappropriation, the subject matter i.e. the
property is always movable in nature, but in Criminal Breach of Trust, the property
may be movable or immovable in nature.

2016
1. What is meant by Giving False Evidence?

It is mentioned under section 191 of IPC, it means giving, declaring or making any statement
which is false and which, one knows or does not believe to be true.

2. Define ‘Mischief’.

It is mentioned under section 425, whenever anyone performs an act either having an intention
to cause, or is aware that his act is likely to bring, some destruction or damage to any property,
destroying or diminishing its value and utility, hence, resulting in an undue loss or damage to
the public or any person, is said to commit mischief.

3. What is the punishment for culpable homicide?

The punishment for culpable homicide is given under section 304 of IPC, as:

I. if the act by which the death is caused is done with the intention of causing death, or of

causing such bodily injury as is likely to cause death: [imprisonment for life], or

imprisonment of either description for a term which may extend to ten years, and shall

also be liable to fine.

II. if the act is done with the knowledge that it is likely to cause death, but without any

intention to cause death, or to cause such bodily injury as is likely to cause death:

imprisonment of either description for a term which may extend to ten years, or with

fine, or with both.

4. In which case constitutionality of section 303 was challenged?

Mithu Singh v State of Punjab 1983

5. What is criminal force?

Criminal force, as defined under Section 350 of the IPC, involves intentionally using force
against another person without their consent. The force used must be of such a nature that it is
likely to cause harm, injury, or annoyance to the person it is used against.
6. What is hurt?

According to Section 319 of the IPC, if someone causes bodily pain, disease, or infirmity to
another person, they are said to have caused "hurt."

7. What are the kinds of kidnapping?

Section 359 provides, Kidnapping is of two kinds: Kidnapping from India, and kidnapping
from lawful guardianship.

8. What is meant by adultery?

It is defined under section 497 of IPC, as a voluntary sexual intercourse by a married person
with a partner other than his/her spouse.

9. Define House Trespass?

It is defined under section 442 of IPC, Whoever commits criminal trespass by entering into or
remaining in any building, tent or vessel used as a human dwelling or any building used as a
place for worship, or as a place for the custody of property, is said to commit housetrespass.

10. What is punishment for Rape?

Mentioned under section 376 of IPC, rigorous imprisonment for a term which shall not be less
than ten years, but which may extend to imprisonment for life, and shall also be liable to fine.
May vary depending if it falls under sub-section 2 of section 376, or any of the sections ranging
from A to E of section 376.

Part B
11. What is meant by public nuisance?
The term Nuisance signifies the expression of creating disturbance, inconvenience,
hinderances, obstructions or alike activities. When nuisance is to a person individually
then it would amount to nuisance as a tort or private nuisance, when the nuisance is a
violation of rights of the general public as common would amount to the Public
nuisance. The provisions for public nuisance are given under sections 268-294 of IPC,
which can be divided in to offences against health, safety, inconvenience, decency or
morality.
Section 268 prescribes that:
A person is guilty of a public nuisance:
I. if they perform any act or commit an illegal omission that causes common
injury, danger, or annoyance to the general public, or
II. That cause injury, obstruction, or annoyance to individuals using public rights.
The punishment for public nuisance, as per Section 290 of the IPC, is a fine that may extend
up to two hundred rupees.

in the case of Murli Deora vs. UOI, it was determined that smoking in public places constitutes
public nuisance.

In the case of Gopi Art International vs. Om Prakash (Banded Queen case), it was held that
portraying a real event in a movie, with the intention of conveying a positive message to
society, does not amount to public nuisance.

12. What is Sedition?

Sedition, in common parlance can be defined as, an act of inciting discontent or revolt against
a government, which is also known as “Raj Droh”. Originally, it was not there in the
IPC, but later added by the amendment act of 1870.
Section 124A, which contains the provisions regarding sedition, provides that:
Whoever by words, sign, gestures, visual representation or otherwise,
I. Spread or attempts to spread the hatred or contempt, or
II. Promote or attempts to promotes disaffection towards the Government
shall be punished with imprisonment for life, with or without fine, or with
imprisonment which may extend to three years, with or without fine, or
with fine only.
The trial of Lokmanya Tilak and thereafter the trial of Gandhiji for the offence
of sedition, for publishing some articles in magazines, in which they
wrote against the British government and its dictatorial laws, are some
of the famous examples of using the provision of the sedition.
After the independence, its constitutional validity was challenged in the case of
Tara Singh and Gopi chand vs. state air1951sc, on the ground that it
violates article 19)1)(a).
The contention was assailed.
 Then inserted article 19)2_ by the first constitution amendment, in order to
impose reasonable restrictions on article 19(1)(a), which was again
challenged in case of Kedar Nath vs. state of Bihar, air1962sc.
The objections were rejected. The decision of Tara singh case was reversed.

The way forward: middle path

The provision of sedition should not be deleted as whole, but sufficient
safeguard should be added. Such as, no FIR should be registered without
the prior permission of a judicial magistrate or such.

13. Explain the crime of cruelty.

Section 498A of IPC deals with the offence of cruelty. The provision was not there originally
but later added with an amendment in the year 1983, as chapter XXA.
It prescribes:
I. Whoever being a husband or his relative,
II. Subjects a woman with cruelty, which includes and implies, a wilful conduct:
A. which drives a woman to commit suicide,
B. danger to life, limb or health,
C. bodily injury,
D. Which maybe mental or physical.
III. Shall be punished with the imprisonment not exceeding of 7 years.
Note: it is immaterial for this clause that whether woman was a widow or living in a
live in relationship. This clause also covers both of them.

14. Explain the crime of Grievous Hurt?

Section 320, Any hurt which endangers life or which causes the sufferer to be during the space
of twenty days in severe bodily pain, or unable to follow his ordinary pursuits, can be
categorized as grievous hurt, provided the description of which provided under section 320 of
IPC.

The following kinds of hurt only are termed as “grievous”:

I. Emasculation: It means; depriving a man of his sexual capabilities. It can be done by

squeezing the testicles of a man as a counteract.
II. Permanent privation of the sight of either eye.
III. Permanent privation of the hearing of either ear.
 IV. Loss of Limb or Joint.
V. Impairing of Limb.
VI. Permanent disfiguration of the head or face.
VII. Fracture or dislocation of a bone or tooth.
VIII. Any hurt which endangers life or which causes the sufferer to be during the
space of twenty days in severe bodily pain, or unable to follow his ordinary pursuits.
Q.E vs. Vasta Chela, 1894:: If, after injury, a person does not get admitted to the hospital does
not mean that the injury is not serious. The real test is whether the person is unable to follow
his daily and ordinary activities for twenty days or not. If not, then it is grievous hurt. It is not
necessary to get admitted to the hospital.

Punishment for Grievous Hurt, Section 325

With imprisonment of either description for a term which may extend to seven years, and shall
also be liable to fine.

Part C
15. Write a note on recent amendment of Rape laws.

Rape is a heinous crime that involves non-consensual sexual intercourse or penetration

perpetrated against an individual without their consent. It is an abhorrent violation of a person's
bodily autonomy, dignity, and basic human rights.
In response to public outrage, demands for justice, and calls for reform, the Indian government
has made several amendments to the country's criminal laws relating to rape. These
amendments seek to address shortcomings in the legal framework, provide greater protection
to victims, ensure more stringent punishments for offenders, and improve the overall handling
of rape cases within the justice system.
The Major Amendments

The Criminal law amendment of 1983:

The Criminal Law Amendment Act of 1983 was a response to the Mathura Rape Case of 1972.
In this case, a young tribal girl was allegedly raped by two policemen inside a police station.
The case was heard from sessions court to Supreme Court, where in the sessions court, the
accused was acquitted, in high court the judgement was reversed, and in the Supreme Court,
the judgment of sessions court was again upheld. The girl's lack of resistance and her supposed
habituation to sexual intercourse, was cited as reasons of the judgment.
However, this decision sparked public outrage and protests from women's organizations across
the country. Consequently, the Criminal Law Amendment Act of 1983 was enacted.
The key amendments made under this act include:
I. Section 228A of the Indian Penal Code (IPC): This provision prohibits the
disclosure of the identity of a rape victim, except with the consent of the victim or,
in the case of the victim being deceased, a minor, or of unsound mind, by the
victim's next of kin or by order of the court.
II. Section 113A of IEA: Presumption as to abetment of suicide by a married woman.
III. Section 327(2) and 327(3) of the Code of Criminal Procedure (CrPC): These
provisions mandate in-camera proceedings for rape trials, ensuring privacy and
protection for the victim, and restrict the publication of any matter related to the
proceedings.
IV. Section 114A: Presumption as to absence of consent [In a prosecution for rape,
where sexual intercourse by the accused is proved and the question is whether it
was without the consent of the woman alleged to have been raped and she states in
her evidence before the Court that she did not consent, the Court shall presume that
she did not consent]
V. Section 174(3) of the CrPC: This section requires the police to send the body of a
woman who dies within seven years of her marriage to the nearest civil surgeon or
qualified medical professional appointed by the government for examination and
report, particularly in cases of suspected suicide.

Criminal Law Amendment of 2013:

The Criminal Law Amendment Act of 2013 was a response to the brutal gang rape and
murder of a physiotherapy student in Delhi, widely known as the Nirbhaya case. The
incident sparked widespread outrage and led to demands for more stringent laws to
address sexual offenses.

Key amendments made under this act include:

I. Broadening the definition of rape: The definition of rape was expanded to include
additional acts, such as penetration with any object, which are invasive and violate
the bodily integrity of the victim.
II. Stricter punishment for sexual offenses: The act introduced more severe
punishments for rape and other sexual offenses, including the provision of the death
penalty in cases where the victim dies or is left in a vegetative state.
III. Criminalizing new offenses: The act introduced new offenses such as acid attacks,
stalking, and voyeurism, with corresponding punishments.
 Criminal Law Amendment of 2018:
The Criminal Law Amendment Act of 2018 was prompted by two high-profile rape
cases: the Unnao rape case in Uttar Pradesh and the Kathua rape case in Jammu and
Kashmir.

Key amendments made under this act include:

I. Increased punishment for rape of minors: The act enhanced the punishment for rape
of minors below the age of 12, including the provision of the death penalty.
II. Introduction of new offenses: The act introduced new offenses, such as the rape of
a girl under 16 years of age, with correspondingly stringent punishments.

Q16 ,17,18 – ALREADY DONE

2017

1. Define Criminal Trespass?

It is mentioned under section 441, whoever enters into property in the possession of another
with the intent to commit an offence or to intimidate, insult or annoy any person in possession
of such property, or having lawfully entered into such property, but remains there with intent
thereby to intimidate, insult or any such person, or with an intent to commit an offence, is said
to commit ‘criminal trespass’.

2. Fabricating False Evidence?

Done.

3. Disclosure of Identity of victim?

Section 228 A IPC. This provision prohibits the disclosure of the identity of a rape victim,
except with the consent of the victim or, in the case of the victim being deceased, a minor, or
of unsound mind, by the victim's next of kin or by order of the court.

Punishment: imprisonment of either description for a term which may extend to two
years and shall also be liable to fine.
4. Define Coin?

Section 230 IPC defines it as: [Coin is metal used for the time being as money, and
stamped and issued by the authority of some State or Sovereign Power in order to be so
used.

5. What do you mean by Criminal Breach of Trust?

It is mentioned under section 405 IPC, if a property is delivered to another person out of trust
and that person dishonestly converts, uses or disposes the property for his own use, he commits
the offence of criminal breach of trust.

Punishment is mentioned under section 506 as, imprisonment of up to 3 years, or fine or both.

6. Discuss causing death by negligence?

Section 304 A, whoever causes the death of any person by doing any rash or negligent act not
amounting to culpable homicide, shall be punished with imprisonment of either description for
a term which may extend to two years, or with fine, or with both.

7. Discuss the section of IPC which protect religious belief?

Section 295A of IPC deals with Deliberate and malicious acts, intended to outrage religious
feelings of any class by insulting its religion or religious beliefs.

Punishment: imprisonment of either description for a term which may extend to three years,
or with fine, or with both.

8. Define Bigamy?

Section 494 of IPC defines the bigamy as, second marriage during the subsistence of the
first marriage.

9. Define wrongful confinement?

Section 340. Whoever wrongfully restrains any person in such a manner as to prevent that
person form proceeding beyond certain circumscribing limits, is said "wrongfully to confine"
that person.
10. Define Force?

Section 349 defines this term as, A person is said to be using “force” on another person when
he causes a motion, change in motion or cessation of motion of another person.

Part B
11. Discuss provisions of Adultery?

Done.

12. Discuss provisions regarding miscarriage?

Miscarriage refers to the premature and involuntary termination of a pregnancy before the
foetus is able to survive independently. It is an offence under the Indian Penal Code. These
offences are dealt under section 312 to 316

Section 312 defines the offence of miscarriage. —Whoever voluntarily causes a woman with
child to miscarry, shall, if such miscarriage is not caused in good faith for the purpose of saving
the life of the woman, be punished with imprisonment of either description for a term which
may extend to three years, or with fine, or with both; and, if the woman be quick with child,
shall be punished with imprison-ment of either description for a term which may extend to
seven years, and shall also be liable to fine.

Here, Woman with child means who is in an early stage of pregnancy or gestation period.
Whereas the term woman with a quick child means a woman who is in the advanced stage of
her period of pregnancy and the foetus has some movement i.e., the embryo has taken the form
of a foetus which is said to be having some form of life in it.

Further, Section 313 provides that, Whoever commits the offence defined in the last preceding
section without the consent of the woman, whether the woman is quick with child or not, shall
be punished with imprisonment for life, or with imprisonment of either description for a term
which may extend to ten years, and shall also be liable to fine.

For instance, when a pregnant woman visits a doctor for regular check-up, the doctor inserts a
needle inside the abdomen of the lady (as a part of some test) leading to a septic and then a
miscarriage. In this case, the woman never visited the doctor for causing of miscarriage but for
the test. Yet, miscarriage is what she ultimately suffered.

13. Already Done

14. Discuss the provision of Defamation?

In general, defamation can be understood as an act of communicating a false statement, either

orally or in writing, about a person and which injures the reputation of that person. Sections
499 to 502 of the Indian Penal Code deals with the offence of defamation.

Written defamation is known as ‘libel‘, whereas defamation made orally is known as ‘slander‘.
However, under the Indian law (Indian Penal Code), no distinction is given for libel or slander.

Section 499 of the IPC defines defamation. According to this section, any person who makes
or publishes any false imputation or allegation relating to any person, by words either spoken
or written or by signs or visible representations, is said to defame that person. However, it must
be done to harm the reputation of such a person against whom the imputation has been made.

Further, any imputation or allegation made to a deceased person shall amount to defamation if
it would harm that person’s reputation if he would be alive or harm the reputation of their
family members. And, it may also amount to defamation if any imputation or allegation is made
related to any company or an association or collection of persons.

Illustration of Defamation

A tells B that Z’s restaurant serves rotten food, intending (aiming) B to believe it and not go to
Z’s restaurant again. Here, A is guilty of defamation.

Exceptions of Defamation
I. Imputation of Truth Which Public Good Requires to Be Made or Published
II. Publication of Reports of Proceedings of Courts
III. Merits of Public Performance
IV. Censure Passed in Good Faith by a Person Having Lawful Authority Over Another
V. Imputation Made in Good Faith by a Person for the Protection of His or Others
Interests
VI. for the good of the public.
 Punishment for Defamation, Section 500
As per this section, the punishment for defamation is simple imprisonment, the term
of which may extend to two years, or fine, or both.

Part C
15. Done.
16. Done.

17. Detailed note on Dowry Death.

Dowry death is a situation when any woman is killed, or compelled to die, for the unlawful
demand of dowry. It can be put forward either by husband of such woman or her
relatives.
Section 304B of IPC defines this offence as: Where the death of a woman is caused by any
burns or bodily injury, or occurs otherwise than under normal circumstances within
seven years of her marriage, and it is shown that soon before her death she was
subjected to cruelty or harassment, by her husband or any relative of her husband, or in
connection with, any demand for dowry, such death shall be called "dowry death", and
such husband or relative shall be deemed to have caused her death.

essentials of dowry death:

I. The death of a woman should be caused by burns, or bodily injury or otherwise
than under normal circumstances;
II. Such death should be followed to a demand for dowry.
III. Such death must occur within the 7 years of marriage.
IV. Such death must be a result of abuse, cruelty or harassment by her husband or
his relatives for dowry.
V. Cruelty or harassment should have been meted out to the woman soon before
her death.

Punishment
Its subsection 2 provides that, Whoever commits dowry death shall be punished with
imprisonment for a term which shall not be less than seven years but which may
extend to imprisonment for life.

In Satbir Singh & another vs State of Haryana, the Supreme Court observed that the phrase
‘soon before death’ cannot mean ‘immediately before’. The Bench further observed that a close
and live link between the dowry death and cruelty or harassment by the husband and his
relatives must exist.

In Bachni Devi vs State of Haryana, 2011, the Supreme Court stated that any demand of any
property or valuable security which is in any way connected with marriage constitutes dowry
demand.

A Small Request

Dear Friends!

I am Siddharth Sharma from 8th Semester. Hope this study material will help you to better
prepare for the exams.

I must admit, I have a modest request to make of all of you.

I am contesting election for the post of General Secretary (GS), and I most humbly ask for your
support.

Support, in terms of casting vote in my favour and if possible, for campaigning also.

My teeny tiny hopes are attached with this message.

I cannot thank you enough for considering my request, and I am grateful for your unwavering
support.

One amongst you

Siddharth Sharma

7297911597

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