Criminal Law

CLAT 2024
Criminal Law
Full Study
Material
47 Concepts & 100 Practice Question
Contents
About This eBook 4
Criminal Law (Preparation Strategy) 5
Introduction To Definition And Meaning Of Crime 7
Mens Reus And Actus Reus 9
General Priniciples Of Criminal Law 11
Difference b/w Crime And Tort 12
Different stages Of crime: Intention 13
Different stages Of crime : Preparation 15
Different stages Of crime : Attempt 16
Different stages Of crime : Accomplishment 17
Theories And Different Kinds Of Punishment :Deterrent Theory 18
Theories And Different Kinds Of Punishment :Retributive Theory 19
Theories And Different Kinds Of Punishment: Preventive Theory 20
Theories And Different Kinds Of Punishment Reformative Theory 21
Punishment Provisions Inder IPC 22
General Exceptions : Mistake 23
General Exceptions : Accident 25
General Exceptions : Infancy 26
General Exceptions : Unsoundness of mind 28
General Exceptions : Consent 29
General Exceptions : Private Defence 30
Definition And Meaning Of Abetment 31
Meaning, Ingredients and Difference b/w Hurt and Grievous Hurt 32
Meaning And Ingredients of Extortion 34
Sexual Offences : Rape 35
Sexual Offences : Unnatural offences 37
Criminal Misappropriation Of Property :Meaning and Ingredients 38
Receiving Of Stolen Property : Stolen property 40
Receiving Of Stolen Property: Dishonestly receiving the property 42
Cruelty Caused By Husband :Section 498 A 43
Cruelty Caused By Husband : DV Act 2005 45
Meaning, Examples, Types, Defences And Exceptions of Defamation 46
2
Offences Against State : Section 121 to 123 48
Offences Against State : Sedition 49
Theft, Robbery And Dacoity, Criminal Breach Of Trust, Cheating, Kidnapping & Abduction 51
Unlawful Assembly : Meaning and Ingredients 55
Unlawful Assembly : Rioting 56
Unlawful Assembly : Affray 57
Criminal Force And Assault And Criminal Conspiracy 59
Outraging Modesty of Woman 61
Section 354A to Section 354D 62
Culpable Homicide & Murder 63
Difference b/w Culpable Homicide & Murder 65
Comparison With Causing Death By Negligence 66
Dowry Death 66
Mischief, Criminal Trespass, Forgery. Making a False Document 68
Difference b/w Forgery And Making A False Document 70
Wrongful Restraint & Confinement 71
Difference b/w Wrongful Restraint & Confinement 72
Practice Series for Criminal Law

Practice Questions 74
Answer Key 109
Solutions 110
Other Useful Resources 123

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ABOUT THIS BOOK
T
his eBook is a valuable and exhaustive resource that encompasses all the crucial topics and con-
cepts within the realm of criminal law. It has been meticulously crafted to cater to the needs of
CLAT aspirants, law students, and anyone seeking a deep and comprehensive understanding of
this subject.
Here’s why this eBook is your ultimate companion for excelling in criminal law:
Comprehensive Coverage: This eBook leaves no stone unturned. It covers a wide spectrum of topics,
ranging from the fundamentals of criminal law, the Indian Penal Code (IPC), to the intricate nuances of
the Code of Criminal Procedure (CrPC), and the standards of evidence as defined in the Indian Evidence
Act. This breadth ensures that you have a holistic grasp of the subject matter.
In-Depth Knowledge: It goes beyond the surface, providing in-depth insights into each topic. You’ll find
detailed explanations, case studies, and examples that aid in your understanding of complex legal principles
and their practical applications.
CLAT-Focused: If you are preparing for CLAT, this eBook aligns perfectly with the exam’s requirements.
It offers targeted guidance on the specific areas of criminal law that are commonly tested in the CLAT
exam. You can rest assured that you are preparing effectively for the exam.
Self-Paced Learning: The eBook allows you to study at your own pace. Whether you are a self-learner
or supplementing your classroom studies, you can delve into the content as per your convenience and needs.
Practice Resources: In addition to comprehensive content, this eBook includes practice questions
to test your knowledge with answer key and detailed solutions by experts so that you can enhance your
problem-solving skills and practical application of legal concepts.
Latest Updates: Criminal law is a dynamic field, and legal developments occur frequently. The eBook
may include updates and amendments to keep you informed about the most recent changes in legislation
and case law.
Accessible Anytime, Anywhere: The eBook format allows you to access the material on various
devices, ensuring that your study resources are always within reach.
In summary, this eBook serves as your all-encompassing guide to criminal law. It is tailored to meet the
needs of CLAT aspirants and law students, offering comprehensive coverage, in-depth knowledge, and
practical insights. By studying and applying the principles outlined in this eBook, you will be well-prepared
to excel in your exams and develop a strong foundation in criminal law. Happy learning!
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CRIMINAL LAW
PREPARATION STRATEGY:
QUICK TIPS
I
ndia’s criminal law, primarily governed by the Indian Penal Code (IPC), provides a comprehensive
framework addressing various illegal activities and corresponding penalties. Procedural aspects are
regulated by the Code of Criminal Procedure (CrPC) to ensure fair trials and safeguard rights, while
the Indian Evidence Act sets standards for criminal trial evidence.
The criminal justice system involves key stakeholders, with the judiciary at the core of decision-making,
while the police are responsible for crime detection, investigation, and prevention. Penalties for offenses
vary, encompassing imprisonment, fines, life imprisonment, and, in extreme cases, the death penalty for
heinous crimes like murder or rape.
It’s noteworthy that India’s criminal code is adaptable, subject to change, and responsive to societal
needs. New laws are introduced and existing ones modified to enhance justice administration, reflecting
the evolving legal landscape’s commitment to upholding justice.
And here why, methodical preparation and focused study are necessary when preparing for the Common
Law Admission Test (CLAT) in criminal law. The following actions can help you prepare efficiently:
Curriculum Familiarity: Understand the criminal law-related curriculum for the CLAT legal aptitude
section to focus your studies effectively.
Study Materials: Gather relevant study materials, including books like P.S.A. Pillai’s Criminal Law, K.D.
Gaur’s Criminal Law, and Ratanlal and Dhirajlal’s The Indian Penal Code.
Case Law: Research landmark cases in Indian criminal law to grasp legal principles and practical appli-
cations.
IPC Mastery: Thoroughly study the Indian Penal Code (IPC), focusing on different offense types, defini-
tions, and penalties.
Evidence Act and CrPC: Familiarize yourself with the Indian Evidence Act, 1872 and the Code of
Criminal Procedure, 1973, understanding the trial process and evidence rules.
Mock Exams: Practice mock exams and previous years’ papers to get acquainted with the exam format,
improve time management, and refine problem-solving skills.
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Legal Aptitude: Solve legal reasoning and aptitude questions related to criminal law to enhance your
analytical skills.
Stay Updated: Keep abreast of evolving criminal laws and rulings by following legal news, blogs, and
up-to-date textbooks.
Seek Guidance: Consider online courses or coaching programs for structured CLAT preparation, and
engage with peers, mentors, or legal experts for insights.
Time Management and Revision: Create a study schedule, allocate sufficient time to each topic, and
regularly revise criminal law concepts to reinforce your understanding.
Remember that success in the criminal law section not only requires knowledge but also a strategic and
confident approach to problem-solving.
Best of luck in your CLAT preparation!
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Chapter: Criminal Law
Topic: Definition and Meaning of Crime
Concept: Introduction
Introduction to Criminal Law
First, let us understand basic terminologies
● Accused: A person who is charged with a crime.

● Accomplice: A person who helps another person commit a crime.
● Admissible evidence: Evidence that is allowed to be presented in court.
● Allegation: A claim or assertion that something has happened or is true.
● Appeal: A process by which a higher court reviews the decision of a lower
● Bail: A sum of money that is paid to the court to secure the release of an accused person
from jail before their trial.
● Beyond a reasonable doubt: The standard of proof that must be met in order to convict a
defendant of a crime.
● Charge: A formal accusation of a crime.
● Circumstantial evidence: Evidence that does not directly prove a fact, but that suggests
that the fact is more likely to be true than not.
● Conviction: A finding of guilt by a court of law.
● Defense: A legal argument that is used to try to prove that the defendant is not guilty of the
crime charged.
● Probation: A sentence that allows a defendant to remain free in the community, but under
the supervision of a probation officer.
● Sentence: The punishment that is imposed on a defendant after they have been found guilty
of a crime.
● Trial: A legal proceeding in which the guilt or innocence of a person accused of a crime is
determined.
● Criminal Law is the framework that outlines acceptable behaviors in society and sets
consequences for going against a code of conduct. It acts as a defensive wall against
disorder, shaping the conduct expected from individuals within a community.
Definition of crime:
William Blackstone, an English jurist, defined crime as "an act committed or omitted in
violation of public law, either forbidding or commanding it.
● Public law: A crime is an offense committed not merely against an individual, but also against
the public. This indicates that even if a victim chooses not to file a complaint, the state still
has a legal interest in doing so.
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● Either forbidding or commanding : A crime is an action that the law forbids or requires,
whichever is the case. This implies that the definition of a crime under the law must be
explicit and unequivocal.
● Act or omission:A crime may be committed through either an act or an omission. A person
commits an act when they do it, whereas they commit an omission when they don't. As an
illustration, killing someone is an act, yet failing to pay taxes is an omission.
Defining a Crime:
● A "crime" is an act that infringes upon the tacit agreement among members of society to
uphold certain values and respect for one another.
● It represents a violation of the shared moral and ethical standards that form the basis of
communal living.
● Criminal Law delineates these boundaries to establish a clear demarcation between
permissible and impermissible conduct.
Importance of Criminal Law:

● Criminal Law acts as a deterrent, discourage individuals from engaging in harmful actions.
● It ensures that societal norms are upheld and that individuals who breach these norms are
held responsible.
● By addressing both minor and major offenses, Criminal Law plays a crucial role in
maintaining equilibrium and preventing anarchy.
.
Degrees of Crimes:
● Crimes are stratified based on their gravity, enabling a proportional response in terms of
punishment.
● This classification ensures that the punishment is commensurate with the severity of the
offense.
● The diverse categorization accounts for the spectrum of actions, from minor transgressions
to heinous crimes, ensuring fairness in the legal system.
Example of Different Crime Degrees:
● The distinction between a speeding violation and causing grievous harm by dangerous
driving exemplifies the graduated approach of Criminal Law.
● By assigning distinct consequences, Criminal Law maintains a sense of equity while
acknowledging the varying impact of different offenses.
The Process of Justice:

● The justice process is a structured sequence, beginning with investigation and culminating in
a judgment.
● It guarantees procedural fairness, allowing both prosecution and defense to present their
cases. The judge or jury, informed by the evidence and the law, reaches a verdict that
reflects the principles of justice.
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Courtroom Example actus non facit reum nisi mens sit rea
● A courtroom setting envisions an impartial judge or jury, evaluating the arguments and
evidence presented by both sides.
● This process underscores the importance of reasoned judgment, ensuring that decisions are
made based on an objective assessment of facts.
● For example, Lets suppose someone accidentally knocks over a valuable vase in a store,
breaking it. In this scenario, there is an actus reus (the act of knocking over the vase), but
there is no mens rea because the person did not intend to break the vase. Therefore, they
should not be held criminally liable for damaging the vase, as the guilty mind (mens rea) is
absent.
Criminal Law's Significance

● Criminal Law shapes the moral fabric of society, providing a shared framework for ethical
conduct.
● By codifying expectations and consequences, it fosters an environment where individuals
coexist harmoniously.
● Its significance extends beyond legal professionals, emphasizing the responsibility of every
citizen to be well-informed about their rights and obligations within the community.
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Concept: Mens Reus and Actus Reus
Equation of crime
Crime= mens rea + actus reus
Introduction to Mens Reus and Actus Reus:

● Criminal law establishes boundaries of criminal responsibility.
● "Mens Reus" and "Actus Reus" are vital in determining culpability.
● These Latin terms reveal fundamental aspects of criminal conduct.
● Deeper understanding of Mens Reus and Actus Reus is crucial.
Actus Reus (Guilty Act):

● Definition: Actus Reus refers to the outward, tangible component of a criminal offense,
encompassing the physical actions, behaviors, or conduct that constitute the unlawful act.
● Significance: Establishing criminal liability requires more than mere thoughts; it necessitates
engaging in a specific act that aligns with the prohibited conduct.
● Example: Taking someone else's property without permission becomes the Actus Reus of
the crime of theft, illustrating the tangible nature of the offense.
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Mens Reus (Guilty Mind):
● Definition: Mens Reus delves into the mental state or intention of the accused at the time the
offense is committed.
● Significance: Criminal responsibility extends beyond the physical act; it hinges on the mental
state behind that act. For someone to be held criminally accountable, their mental state must
correspond to the specific crime.
● Example: In a murder case, Mens Reus involves the intention to cause another person's
death. If a death occurs accidentally without intent, the absence of Mens Reus might mitigate
criminal liability.
Unity Principle:
● Significance: The Unity Principle dictates that Mens Reus and Actus Reus must align in time.
This principle ensures that an individual can only be held criminally liable if they commit an
unlawful act with the accompanying guilty intention.
● Example: If harm befalls someone unintentionally during a lawful activity, no criminal liability
arises, as the wrongful intent (Mens Reus) does not coincide with the action (Actus Reus).
Concurrence:
● Significance: The principle of concurrence underscores that the guilty intent (Mens Reus)
must exist simultaneously with the guilty act (Actus Reus). This principle prevents criminal
liability from being attributed solely to intentions without corresponding actions.
● Example: Planning a crime without taking any steps to execute the plan results in Mens
Reus without Actus Reus, potentially reducing criminal liability.
Causation:
● Significance: Causation establishes a link between the accused's actions and the resulting
harm. It ensures that individuals are held accountable only for harm directly or indirectly
caused by their actions.
● Example: If an individual's actions directly lead to another person's death, a causal
connection between the act (Actus Reus) and the inflicted harm is established.
Conclusion on Mens Reus and Actus Reus:

● Foundational concepts shaping criminal liability boundaries.
● Actus Reus involves tangible actions; Mens Reus focuses on intent.
● Interconnected concepts forming the basis of criminal offenses.
● Unity Principle, concurrence, and causation refine their application.
● Comprehensive grasp essential for navigating complex criminal law.
● Influences justice in legal proceedings.
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Concept: General Principles of Criminal Law
Presumption of Innocence:
● Principle: The foundation of the criminal justice system rests on the presumption of
innocence. This legal doctrine dictates that any person accused of a crime is considered
innocent until proven guilty in a court of law.
● Significance: By placing the burden of proof on the prosecution, this principle safeguards
individuals from unjust accusations and ensures that guilt is established only when there is
convincing evidence that leaves no reasonable doubt.
● Example: In a theft case, the accused is protected by the presumption of innocence until the
prosecution provides compelling evidence that unequivocally establishes their guilt. This
principle ensures a fair trial and prevents premature judgments.
Principle of Proportionality:
● Principle: The principle of proportionality in criminal law mandates that the punishment for a
crime should be proportional to the severity of the offense committed.
● Significance: This principle prevents arbitrary and unjust sentencing, maintaining a balance
between the gravity of the crime and the punishment imposed. It ensures that society's
sense of justice is upheld and that punishments neither exceed nor fall short of what is
justifiable.
● Example: If an individual is found guilty of a white-collar crime involving substantial financial
loss, a proportional punishment might involve fines and restitution rather than an excessively
harsh prison sentence, thereby aligning the penalty with the offense.
Mens Rea and Actus Reus:

● Principle: The interaction of Mens Rea (guilty mind) and Actus Reus (guilty act) forms a
crucial aspect of criminal law. Mens Rea refers to the mental intent or state of mind required
to commit a crime, while Actus Reus encompasses the physical actions that constitute the
criminal offense.
● Significance: Both principles must coexist for criminal liability to be established. Mens Rea
ensures that a person's mental state aligns with the prohibited act they committed, while
Actus Reus ensures that the actual commission of the act occurred.
● Example: In a case of premeditated murder, Mens Rea involves a deliberate intent to cause
death, and Actus Reus encompasses the physical act of killing. Both elements must be
present for a conviction to be just.
Legal Certainty and Clarity:

● Principle: The principle of legal certainty asserts that criminal laws should be clear, precise,
and easily understood by both legal professionals and the general public.
● Significance: Clarity in criminal laws helps individuals understand what actions are
prohibited, ensuring that everyone is aware of the boundaries of legal conduct. It prevents
arbitrary enforcement and promotes equal application of the law.
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● Example: A law that defines theft as "intentional taking of another person's property without
consent and with the intent to permanently deprive the owner" provides clear guidance,
reducing confusion and potential misinterpretations.
Conclusion
● Embodying fairness, just punishment, clarity, and adherence to justice.
● Grasping these principles empowers critical case analysis and judicious legal application.
● Encompasses presumption of innocence, proportionality, Mens Rea and Actus Reus, and
legal clarity.
● These principles serve as the moral compass guiding the legal landscape.
● Mastering General Principles of Criminal Law equips legal thinkers to adeptly navigate the
intricate intricacies of the legal world, fostering a system of justice that respects fundamental
human rights and ensures the proper administration of law.
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Topic: Difference between Crime and Tort
Concept:Difference between Crime and Tort
S.No Crime Tort
1. Nature and Crimes are offenses against society Torts, on the other hand, are civil wrongs
Purpose as a whole. They violate that harm individuals or their property rights.
established laws and societal They involve violations of personal rights
norms, impacting the general order and cause harm to individuals rather than
and well-being of the community. society at large. In tort cases, the focus is
The state takes legal action in on compensating the victim for the harm
criminal cases to uphold public they have suffered. Private individuals or
interest and impose penalties on entities initiate legal action to seek
offenders, such as fines, monetary damages or injunctive relief. The
imprisonment, or other sanctions. primary aim is to restore the injured party to
The primary goal is to deter criminal the position they were in before the harm
behavior, protect the public, and occurred.
maintain social order.
2. Legal Criminal proceedings are initiated Tort proceedings are civil lawsuits initiated
Proceedings by the state through law by the injured party (plaintiff) against the
enforcement agencies and alleged wrongdoer (defendant). The case is
prosecutors. The accused is presented in a civil court, and the burden of
charged with a crime, and the case proof rests with the plaintiff. The plaintiff
is presented in a criminal court. The must demonstrate that it is more likely than
burden of proof lies with the not that the defendant's actions were the
prosecution, which must prove the cause of the harm suffered. If the defendant
defendant's guilt beyond a is found liable, they may be ordered to pay
reasonable doubt. If found guilty, monetary compensation to the plaintiff.
the defendant may face penalties
determined by law.
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3. Burden of In criminal cases, the burden of In tort cases, the burden of proof is on the
Proof: proof is on the prosecution, and plaintiff, who needs to show that it is more
they must establish the probable than not that the defendant's
defendant's guilt beyond a actions were responsible for the harm
reasonable doubt. This high suffered. The standard of proof is lower
standard of proof is intended to than in criminal cases, reflecting the civil
ensure that a person's liberty is nature of the proceedings.
not taken away arbitrarily.
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Topic: Stages of Crime
Concept: Different Stages of a Crime - Intention
Understanding Intention:
● Intention is the initial mental phase of a criminal act. It's where a person's thoughts evolve
into a concrete plan for action.
● This stage provides insight into the motivation behind an individual's criminal behavior,
addressing the fundamental question of "why" they are about to commit a crime.
Defining Intention:
● Intention transcends simple actions. It involves a deliberate purpose or strategy.
● Analogous to making calculated moves in a game, in the context of crime, intention signifies
a conscious decision to engage in unlawful conduct.
The Role of Mens Rea:

● Intention is closely linked with the concept of "mens rea," referring to the guilty state of mind.
● It signifies a person's conscious and willful intent to carry out an act that is against the law.
● For instance, if someone actively plans to steal a valuable item, their intention reflects their
desire to wrongfully take possession of it.
Planning and Deliberation:

● Intention encompasses more than fleeting thoughts. It often involves meticulous planning
and consideration.
● Similar to strategic thinking before making a move in a game, planning a crime entails
contemplating the specifics and potential outcomes of the action.
● This deliberate planning serves as the groundwork for the execution of the criminal act.
● For instance, Sarah's contemplation and decision to steal a necklace illustrate the crucial
role of intention in the commission of a crime.
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Degrees of Intention:
● The legal system recognizes varying degrees of intention based on the gravity of the
intended crime.
● These gradations are akin to difficulty levels in a game, affecting the severity of the legal
consequences upon conviction.
● The degree of intention can influence the sentencing and punishment for the individual.
● Thus, the assessment of intention's degree plays a pivotal role in the criminal justice
process.
Intention's Significance:
● Intention acts as the spark that sets in motion a series of events culminating in a criminal act.
● It constitutes the foundation upon which the entire edifice of a crime is constructed.
● A profound understanding of intention provides valuable insights into the intricate facets of
criminal behavior and underscores the pivotal role of cognitive processes within the realm of
the law.
Difference between intention, knowledge and motive in crime
● In the context of law, intention is often used to determine the guilt or innocence of a
defendant.
● For example, if a person is accused of murder, the prosecution must prove that the person
intended to kill the victim. If the person did not intend to kill the victim, they may not be guilty
of murder.
● Motive is not usually used as a legal standard for guilt or innocence. However, it can be used
to help the jury understand why the defendant committed the crime.
● For example, if the defendant stole a car because they needed money to feed their family,
the jury might be more sympathetic to the defendant.
● Knowledge can also be used to help the jury understand the defendant's actions.
● For example, if the defendant knew that stealing was wrong, but they did it anyway, the jury
might be less sympathetic to the defendant.
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Concept: Different Stages of a Crime - Preparation
Understanding Preparation:
● Preparation, the second stage of the criminal process, is the pivotal link between
conceptualization and execution.
● It involves converting abstract thoughts into actionable plans, similar to laying the foundation
for a structure.
● Just as tools and plans are readied before constructing a building, preparation involves
assembling resources for a future criminal act.
Defining Preparation:
● Preparation encompasses a range of activities aimed at facilitating the commission of a
crime.
● Comparable to arranging puzzle pieces before solving, it signifies the arrangement of
necessary elements before the criminal act takes place.
● This stage serves as a critical transition from contemplation to active involvement in the
criminal enterprise.
Taking Concrete Steps:

● Distinguished from mere intention, preparation involves tangible actions that tangibly
progress the criminal plan.
● Gathering tools, materials, and information (such as scouting a crime location) exemplify this
stage's substance.
● These actual steps align with the preparatory intent and are integral to the execution's
success.
The Role of Actus Reus:

● Actus reus, the "guilty act," encompasses the physical behaviors that constitute a crime.
● In the preparation stage, individuals are already performing actions that contribute to the
eventual criminal act.
● Jack's research, security assessment, and acquisition of tools for a bank robbery exemplify
actus reus during preparation.
Closely Monitored by the Law:

● The law's gaze extends to preparation, recognizing its potential harm despite the crime's
incomplete execution.
● Analogous to intervening when harm is anticipated, legal consequences may deter further
progress toward criminality.
● This anticipatory aspect showcases the legal system's proactive stance in preventing
potential wrongs.
Degrees of Preparation:
● Gradations exist within the preparation phase, mirroring varying levels of progress toward the
criminal act.
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● Legal treatment can diverge based on the depth and extent of preparations made.
● This differentiation acknowledges the evolving seriousness as one moves from the
conception to the near-execution of a crime.
Preparation's Significance:
● Preparation serves as the vital intermediary that materializes intent into a tangible criminal
endeavor.
● It underscores the stepwise progression of criminal conduct, offering insight into the gradual
escalation of illegal behavior.
● Delving into preparation illuminates the intricacies of the criminal process, unraveling the
nuanced details that culminate in the execution of a crime.
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Concept: Different Stages of a Crime - Attempt
Understanding Attempt:
● Attempt in criminal context resembles an early move in a "game," involving substantial steps
toward a crime but without completion.
● It's analogous to trying to score a goal in a game – an intentional action with an incomplete
result.
Defining Attempt:
● Attempt occurs when someone actively strives to commit a crime but doesn't succeed.
● It combines both the mental aspect (intent) and physical aspect (actions) of criminal
behavior.
Example
● John's intention to rob a bank led him to take significant actions towards committing the crime.
He entered the bank armed with a gun, approached the teller's counter, and demanded money.
● However, his attempt was thwarted when a security guard intervened and detained him until
the police arrived. Despite not successfully completing the robbery by obtaining money and
escaping, John's actions constituted an "attempt" to commit robbery.
● In the eyes of the law, an attempt involves taking substantial steps towards a criminal act, even
if it ultimately fails.
● Depending on the jurisdiction, John can be charged with attempted robbery, which is a distinct
offense from the completed crime of robbery.
● The specific criteria for what qualifies as a "substantial step" can vary by jurisdiction.
Mens Rea and Actus Reus in Attempt:

● Attempt includes both the intent (mens rea) to commit a crime and concrete actions (actus
reus) beyond planning.
● Intent and action differentiate mere preparation from an actual attempt.
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Substantial Steps:
● Attempt involves actions close to completing the crime, surpassing thoughts or planning.
● Similar to a near-goal shot in a game – nearly executed but falls short.
Degrees of Attempt:
● Attempt varies based on proximity to completing the crime.
● Factors like nature of act, intention, and closeness to success influence the degree.
Significance of Attempt:
● Attempt indicates proximity to committing a crime, allowing legal intervention before harm.
● Crucial for the legal system to prevent damage and safeguard potential victims.
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Concept: Different Stages of a Crime - Accomplishment
Understanding Accomplishment:
● Accomplishment is a kin to reaching the pinnacle of achievement in a game, denoting the
successful fulfillment of an intended criminal act.
● It symbolizes the culmination of strategic planning and deliberate execution, much like
achieving a goal in a game.
Defining Accomplishment:
● Accomplishment embodies the full realization of a meticulously planned criminal act,
resembling the triumph of skillfully scoring a goal in a game.
● It signifies the point where intentions manifest into concrete actions, mirroring the decisive
move that leads to a successful outcome.
Mens Rea and Actus Reus in Accomplishment:

● Accomplishment embraces both the psychological aspect ("guilty mind" or mens rea) and the
tangible actions ("guilty act" or actus reus). In a theft, it encompasses intending to take an
item (mens rea) and physically carrying out the act of taking it (actus reus).
● This dual presence underscores the fusion of intent and action that typifies accomplishment,
establishing a clear connection between motive and behavior.
Consequences of Accomplishment:
● Accomplishing a criminal act carries potential legal consequences that hinge on several
factors, including the nature of the crime, resultant harm caused, and the individual's criminal
history.
● The level of harm inflicted and the societal impact of the accomplished act play significant
roles in determining the severity of potential punishment.
Criminal Liability:
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● Accomplishing a crime triggers the imposition of criminal liability, holding the individual
answerable within the framework of the law.
● This legal accountability entails thorough investigation, evidence gathering, and the
presentation of a compelling case in a court of law to substantiate guilt.
Closure of the Criminal Act:

● Accomplishment signifies the definitive conclusion of the criminal act, signifying the
successful execution of the planned wrongdoing.
● The transition from execution to legal proceedings underscores the shift from act to
evaluation, as authorities focus on establishing culpability and imposing an appropriate
penalty.
Significance of Accomplishment:
● Analogous to the sense of triumph upon conquering a challenging game level, understanding
accomplishment provides profound insights into the conclusive stages of criminal conduct.
● This comprehension illuminates the legal response to individuals who adeptly carry out illicit
actions, representing a crucial juncture in the criminal justice system's course of action.
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Topic: Theories and different kinds of Punishment
Concept: Deterrent Theory
Definition and Explanation:
The deterrence theory of punishment was first formulated by two 18th century philosophers, Cesare
Beccaria and Jeremy Bentham. Beccaria's book On Crimes and Punishments (1764) argued that the
purpose of punishment should be to deter people from committing crimes, rather than to inflict pain
or suffering on them. He believed that the punishment should be swift, certain, and proportionate to
the crime. Bentham's book An Introduction to the Principles of Morals and Legislation (1789) further
developed the deterrence theory, arguing that people are motivated by self-interest and that the
threat of punishment can deter them from committing crimes.
● Deterrent Theory prevents crimes by imposing punishment, believing that witnessing severe
consequences discourages criminal acts.
● It relies on fear of punishment outweighing potential gains, aiming to create a deterrent
effect.
Parameters for Understanding Deterrent Theory:

● Severity of Punishment: Matching punishment to crime's seriousness creates a strong
deterrent.
● Certainty of Punishment: Higher chances of getting caught and punished discourage
potential criminals.
● Swift Application of Punishment: Prompt penalties prevent underestimating consequences
due to delays.
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Examples to Illustrate Deterrent Theory:
● Speed Limit Violations: Fines for speeding discourage others, enhancing road safety.
● Death Penalty for Heinous Crimes: Severe punishment deters extreme acts of violence.
● White-Collar Crimes: Heavy fines deter financial fraud, considering harm to reputation and
finances.
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Concept: Retributive theory

The retributive theory has a long history, dating back to the ancient Greeks and Romans. However, it
was not until the 18th century that the theory was fully developed by philosophers such as Immanuel
Kant and G.W.F. Hegel.
Kant argued that the offender deserves to be punished because they have violated the moral law. He
believed that punishment is a way of restoring the moral balance that has been disrupted by the crime.
Hegel argued that punishment is a way of vindicating the law and upholding the rule of law. He believed
that punishment is necessary to show that the law is not arbitrary and that it applies to everyone
equally.
● Balanced Response: The Retributive Theory in criminal law focuses on achieving a balanced
response to wrongdoing. It suggests that punishment should be proportional to the harm
caused by the offense.
● Eye for an Eye: Rooted in the principle of "an eye for an eye," the theory seeks to restore a
sense of equilibrium by inflicting harm on the offender that corresponds to the harm they
inflicted through their criminal act.
● Moral Closure: This approach aims to satisfy society's moral conscience by ensuring that
offenders experience consequences that reflect the severity of their actions. It also provides a
form of closure to victims and society at large, acknowledging the harm caused.
Key Points:
● Deserved Punishment: The Retributive Theory treats punishment as a deserved outcome for
the offender's actions. It contends that individuals who commit crimes should face
consequences that are justly proportionate.
● Fairness and Just Deserts: A fundamental premise is that punishment should match the gravity
of the crime, ensuring a sense of fairness and that offenders receive their "just deserts."
● Symbolic Role: Beyond individual cases, retribution serves as a symbolic statement on behalf
of society, signifying that criminal acts are unacceptable and that those who engage in them
will bear appropriate consequences.
Application and Critique:
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● Judicial Sentencing: In practical terms, the Retributive Theory influences judicial decision-
making when determining suitable sentences. Judges take into account the severity of the
crime and aim to impose punishments that align with the principle of proportionality.
● Critique and Debate: While the theory has its merits, critics raise concerns. Some argue that
a focus on retribution might perpetuate a cycle of violence, potentially hindering the broader
goals of rehabilitation and societal protection. This critique has led to ongoing debates within
the realm of criminal justice.
Real-Life Example:
● Aggravated Assault Scenario: To illustrate, consider a case of aggravated assault where an
offender intentionally inflicts severe physical and emotional harm.
● Applying the Retributive Theory, the sentencing would advocate for a punishment that mirrors
the harm caused. This approach seeks to restore a sense of justice by ensuring that the
offender experiences consequences reflective of their actions.
Conclusion:
● Balancing Justice: The Retributive Theory plays a vital role in shaping our understanding of
punishment within the criminal justice system. It emphasizes the importance of proportionality,
just deserts, and moral closure for victims and society.
● Ongoing Discourse: While its principles have enduring significance, ongoing debates
surrounding the theory's application underscore the complex nature of finding the right balance
between retribution, rehabilitation, and the broader goals of criminal justice.
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Concept: Preventive theory
Definition
● The preventive theory of punishment was first formulated by the Italian philosopher Cesare
Beccaria in his book On Crimes and Punishments (1764). Beccaria argued that the purpose
of punishment should be to prevent crime, rather than to punish the offender or to achieve any
other goal. He believed that the punishment should be swift, certain, and proportionate to the
crime.
● The preventive theory has been further developed by other philosophers and legal scholars,
including Jeremy Bentham, John Stuart Mill, and H.L.A. Hart.
Key Points:
● Equity and Balance: Rooted in the pursuit of equity, this theory seeks to rectify the moral
imbalance created by criminal offenses, ensuring that the punishment serves as a
counterbalance to the harm inflicted.
● Deserved Consequence: The core premise is that punishment is a rightful consequence of the
offender's actions, reflecting the principle of "just deserts" where the severity of punishment
corresponds to the severity of the offense.
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● Symbol of Societal Values: Retribution also functions as a symbolic representation of society's
intolerance for criminal conduct, sending a clear message that transgressions will result in
appropriate repercussions.
Application and Evaluation:

● Judicial Guidance: The Retributive Theory guides judicial decision-making in sentencing
convicted individuals. Judges weigh the gravity of the crime against the punishment to ensure
alignment with the principle of proportionality.
● Balancing Considerations: Critics contend that overemphasizing retribution might overshadow
other criminal justice goals like rehabilitation and deterrence. The challenge lies in striking a
balance between retribution and broader societal objectives.
Illustrative Scenario:
● To illustrate, imagine a case of aggravated assault where an offender inflicts severe harm
intentionally. The Retributive Theory would advocate for a punishment equivalent to the harm
caused, aiming to reinstate justice and restore equilibrium.
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Concept:Reformative theory
Definition and Essence:
The reformative theory was first developed in the 19th century by philosophers and reformers such as
John Howard, Cesare Lombroso, and Émile Durkheim. Howard argued that prisons should be places
of reform, rather than places of punishment. He believed that prisons should be designed to help
offenders change their behavior and become productive members of society.
● The Reformative Theory centers on rehabilitating and transforming offenders, diverging from
punitive approaches. It aims to address root causes and reintegrate individuals into society as
productive citizens.
Key Points:
● Rehabilitation Goal: The core objective is to reform offenders through personal growth,
behavioral change, and preventing recidivism.
● Tailored Treatment: Recognizing unique offender circumstances, this theory advocates
individualized plans catering to specific needs.
● Societal Reintegration: Focus extends beyond sentence completion, emphasizing equipping
offenders with skills and support for successful reintegration.
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Application and Analysis:
● Correctional Initiatives: The Reformative Theory guides development of correctional programs
like counseling, vocational training, and education targeting underlying factors.
● Critique and Balance: Critics highlight resistance to change among some offenders, prompting
debates about effectiveness and the need to balance rehabilitation with broader justice goals.
Practical Illustration:
● Juvenile Rehabilitation: In cases of juvenile offenders, the Reformative Theory promotes
programs centered on counseling, education, and skill-building. The aim is to break the cycle
of criminal behavior and redirect lives.
In Conclusion:
● Human-Centric Focus: The Reformative Theory champions a compassionate criminal justice
approach, seeking to transform offenders into law-abiding citizens.
● Navigating Complexity: While rehabilitation is pivotal, successful implementation and
addressing diverse offender needs necessitate continuous refinement within the
comprehensive criminal justice framework.
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Concept:Punishment provisions under IPC
Definition
● "Punishment Provisions under IPC" refers to the set of laws within the Indian Penal Code (IPC)
that prescribe penalties for various criminal acts.
● The IPC encompasses a wide array of offenses and specifies corresponding punishments for
individuals found guilty, forming the backbone of the Indian criminal justice system.
● Simple imprisonment is a type of imprisonment that does not involve any special
restrictions or hardships. The prisoner is typically allowed to associate with other
prisoners, participate in activities, and receive visitors. The length of simple
imprisonment can vary depending on the severity of the crime.
● Rigorous imprisonment is a more severe type of imprisonment that involves additional
restrictions and hardships. Prisoners may be confined to their cells for most of the day,
and they may be prohibited from participating in activities or receiving visitors. The
length of rigorous imprisonment can also vary depending on the severity of the crime.
● Solitary confinement is a type of imprisonment in which the prisoner is isolated from
other prisoners and from the outside world. Prisoners in solitary confinement may be
confined to their cells for 22-24 hours a day, and they may have limited contact with
guards or other staff. Solitary confinement is typically used as a punishment for serious
disciplinary infractions, or as a way to protect prisoners from harm.
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Key Points:
● Classification of Offenses: The IPC categorizes crimes based on their severity, covering
crimes against property, persons, morality, and public order, allowing for tailored punishments.
● Types of Punishments: The IPC outlines diverse penalties, including imprisonment, fines, and,
in certain cases, capital punishment, providing a range of consequences for different offenses.
● Degree of Punishment: The gravity of punishment aligns with the seriousness of the crime,
with more severe acts attracting harsher penalties as per the IPC.
Application and Significance:

● Guiding Sentencing: The IPC's punishment provisions aid judges in determining suitable
sentences, factoring in elements like the nature of the crime and the offender's culpability.
● Deterrence and Rehabilitation: These provisions not only discourage potential wrongdoers
through penalties but also play a role in rehabilitating offenders and safeguarding society.
Real-Life Example:
● Theft and Its Penalties: The IPC outlines punishment for theft, where the severity of penalty
corresponds to the value of the stolen property. Higher-value thefts lead to more stringent
punishments, exemplifying the proportional nature of the IPC's provisions.
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Topic: General Exceptions
Concept:Mistake

● Mistake involves a person's misunderstanding of a fact leading to actions that could be
criminal. Law recognizes that genuine mistakes can negate the required criminal intent (mens
rea).
● It serves as a defense, allowing individuals to claim they lacked the necessary intent for a
crime due to their misapprehension of facts.
● It can be Mistake of Fact (misunderstanding facts) or Mistake of Law (misunderstanding legal
principles).
● The defense's success may depend on whether the mistake was reasonable and impacted
essential elements of the crime.
Key Points:
● Factually Mistaken: Mistake pertains to situations where an individual genuinely
misunderstands a material fact surrounding their actions, influencing their perception of the
situation.
● Negating Mens Rea: Mistake can negate the "guilty mind" element of a crime. If an offender's
mistake prevents them from forming the requisite criminal intent, it may lead to a finding of
innocence or reduced culpability.
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● Types of Mistakes: Mistakes can be of two types: Mistake of Fact and Mistake of Law. Mistake
of Fact involves an erroneous belief about factual circumstances, while Mistake of Law
concerns misunderstandings of legal principles.
Application and Examples:

● Example of Mistake of Fact: A person, believing a package contains their own property, takes
it without realizing it belongs to someone else. Their genuine belief negates the intent to steal,
making them less culpable for theft.
● Example of Mistake of Law: An individual argues that they were unaware a particular action
constituted a crime. However, in many jurisdictions, Mistake of Law is not a valid defense as
individuals are generally expected to be aware of the laws.
Legal Parameters and Analysis:

● Reasonableness: Mistake may be a valid defense if it is reasonable under the circumstances.
Courts assess whether a reasonable person in the same situation would have made the same
mistake.
● Subjective and Objective Elements: Mistake is often evaluated considering both the offender's
subjective belief and the objective reasonableness of that belief.
● Intention to Commit a Crime: For Mistake to be a valid defense, it must relate to a material
element of the crime. If the mistake pertains to a non-essential element, the defense may not
succeed.
Case Law and Precedents:

● Case: Vilas v. State of Maharashtra (2007)
● Background:
○ In this case, a police constable shot and killed a truck driver, believing him to be
involved in smuggling.
The issue was whether the right to self-defense could be invoked even if based on a
mistaken belief.
● Key Points:
○ Reasonable Mistake: The case established that the right to self-defense can be
invoked if the accused's belief was genuine and reasonable.
○ Objective Test: An objective test was applied to assess whether a reasonable person
would have acted similarly in self-defense.
○ Precedents: Earlier cases like R v. Dudley and Stephens were referred to,
emphasizing that a mistaken belief could still invoke self-defense if reasonable.
● Court's Decision:
○ The Supreme Court ruled that the right to self-defense could be exercised under a
mistaken belief if the belief was reasonable and genuine, applying an objective
standard.
● Impact:
○ The case clarified that self-defense is available even with a mistaken belief if
reasonable, contributing to jurisprudence on self-defense and general exceptions in
criminal law.
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Concept:Accident
Definition
● The concept of "Accident" in criminal law pertains to situations where a person's actions result
in unintended harm or consequences due to unforeseen circumstances beyond their control.
An accident occurs when an individual acts without any malicious intent or mens rea and is
unable to foresee or prevent the harm caused. In such cases, the law recognizes that genuine
accidents should not lead to criminal liability.
Key Points:
● Unintended Harm: Accident refers to situations where harm or damage occurs as a result of
actions that were not intended to cause harm.
● Lack of Mens Rea: Accidents involve the absence of mens rea, the guilty mind required for
criminal liability. The person did not have the intention to cause harm or engage in criminal
activity.
● Foreseeability: The harm caused by the accident should not have been reasonably
foreseeable, and the person should have taken reasonable precautions to avoid harm.
Application and Significance:

● Traffic Accidents: In cases of vehicular accidents, if a driver unintentionally hits a pedestrian
due to sudden and unforeseen circumstances, it may be considered an accident and not a
criminal offense.
● Industrial Accidents: In the context of workplace incidents, if an employee unintentionally
causes harm to a coworker due to a machinery malfunction, it might be treated as an accident
rather than a criminal act.
Case Example:
● Case: Law: Vilas v. State of Maharashtra (2007)

● Background:
○ In this case, the accused accidentally hit a pedestrian with a car, resulting in the
pedestrian's death. The main question was whether the accused could claim the
defense of the accident to avoid criminal liability.
● Key Points:
○ Unintentional Act: The defense of accident applies when the act is genuinely
unintentional, without prior intent to cause harm.
○ Absence of Criminal Negligence: The court assessed if the accused exercised due
care while driving, considering criminal negligence.
● Precedents:
○ R v. Lawrence was referenced to emphasize the requirement of lacking mens rea
(guilty mind) in accident cases.
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● Court's Decision:
○ The court accepted the defense of accident, as the act was a true accident with no
criminal intent or negligence. The accused was acquitted.
● Impact:
○ The case clarified the distinction between genuine accidents and negligence,
reinforcing the necessity of guilty mind or negligence for criminal liability. It influenced
the application of the accident defense in Indian criminal law.
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Concept:Infancy
Definition and Significance:

● Infancy in criminal law refers to the stage of a person's life when they lack full accountability
for criminal actions due to limited mental capacity.
● Recognizes minors' reduced ability to grasp consequences, making them less culpable than
adults.
Age Groups and Presumptions:

● a. Under 7 Years - Doli Incapax: Children under 7 presumed incapable of forming criminal
intent; principle of doli incapax.
● b. 7 to 12 Years - Rebuttable Presumption: Children 7 to 12 have presumption of incapacity,
but this can be challenged with evidence of understanding. Prosecution bears the burden of
proof.
Balancing Justice and Protection:
● Infancy concept balances justice and acknowledges minors' limited understanding.
● Prevents undue harshness, ensures fairness, and considers age and cognitive development
in criminal proceedings.
An insight into juvenile justice act
● The Juvenile Justice (Care and Protection of Children) Act, 2015 is an Act of the Parliament
of India that consolidates and amends the law relating to children alleged and found to be in
conflict with law and children in need of care and protection. It came into force on January 15,
2016, repealing the Juvenile Justice (Care and Protection of Children) Act, 2000.
● The Act defines a child as a person below the age of 18 years. It classifies children in conflict
with law into two categories:
● Children in need of care and protection: These are children who are homeless, abandoned,
destitute, or neglected. They may also be children who are abused, exploited, or trafficked.
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● Children in conflict with law: These are children who have committed an offense under the
Indian Penal Code or any other law.
● The Act provides for a child-friendly approach to the adjudication and disposal of matters
relating to children in conflict with law. It also provides for a variety of measures for the care,
protection, development, treatment, and rehabilitation of children in conflict with law, including:
● Non-institutional care: This includes measures such as foster care, adoption, and aftercare.
● Institutional care: This includes observation homes, children's homes, special homes, and
juvenile homes.
● Rehabilitation: This includes education, vocational training, and skill development.
● The Act also provides for the establishment of a Juvenile Justice Board in every district to deal
with matters relating to children in conflict with law. The Board consists of a Chairperson, a
Principal Magistrate, and two other members, one of whom is a woman.
● The Juvenile Justice (Care and Protection of Children) Act, 2015 is a landmark legislation that
has made significant improvements in the way children in conflict with law are treated in India.
It has shifted the focus from punishment to rehabilitation and reintegration, and has put in
place a number of measures to ensure the best interests of children.
Here are some of the key provisions of the Act:
● Children in the age group of 16-18 can be tried as adults for heinous offences, such as murder,
rape, and dacoity.
● The Juvenile Justice Board must take into account the child's age, maturity, and circumstances
in deciding whether to try the child as an adult.
● Children in conflict with law have the right to free legal aid.
● Children in institutional care have the right to education, vocational training, and skill
development.
● Children in conflict with law cannot be detained in police lock-ups or jails.
● Children in conflict with law must be released from custody as soon as possible, and in no
case should they be detained for more than 21 days.
● The Juvenile Justice (Care and Protection of Children) Act, 2015 is a significant step towards
the protection and rehabilitation of children in conflict with law in India. It is a progressive law
that has been praised by child rights activists and experts. However, there are still some
challenges in implementing the Act effectively. These challenges include:
● Lack of awareness about the Act among parents, teachers, and other stakeholders.
● Lack of adequate resources, such as shelter homes and rehabilitation centers.
● Corruption and lack of accountability among officials.
● Despite these challenges, the Juvenile Justice (Care and Protection of Children) Act, 2015 is
a landmark legislation that has the potential to make a real difference in the lives of children in
conflict with law in India
Example and Application:

● Illustration: A 9-year-old taking money without permission presumed incapable of theft.
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● Rebutting: Evidence of prior awareness of wrongdoing could challenge incapacity
presumption.
Safeguarding Minors' Rights:

● Infancy aligns with juvenile justice, protecting vulnerable minors' rights.
● Recognizes differences due to age, preventing unjust criminalization from immaturity.
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Concept:Unsoundness of mind

● Unsoundness of mind: This term refers to a mental state that impairs an individual's ability to
understand the nature and consequences of their actions or to conform to legal norms.
● Recognition: Legal systems acknowledge that certain mental disorders can lead to diminished
capacity, making individuals less culpable for their actions compared to those without mental
impairments.
Test of Criminal Responsibility:

● M'Naghten Rule: According to this rule, a person cannot be held criminally responsible if, due
to a disease of the mind, they were incapable of understanding the nature of their actions or
that what they were doing was wrong.
● Determining Cognitive Impairment: Courts assess whether the accused's mental disorder
impaired their cognitive faculties at the time of committing the offense.
● Burden of Proof:
● Accused's Responsibility: It's usually the accused's responsibility to prove that their mental
state at the time of the offense rendered them incapable of understanding the wrongfulness of
their actions.
● Establishing Inability: The accused must demonstrate that their mental condition significantly
affected their ability to comprehend the nature and consequences of their behavior.
Treatment in Legal Proceedings:

● Non-Criminal Outcomes: Cases of unsoundness of mind might lead to outcomes other than
criminal conviction.
● Focus on Treatment: Legal focus shifts towards providing appropriate treatment, rehabilitation,
and ensuring public safety, rather than solely punitive measures.
● Application and Challenges:
● Complex Diagnosis: Diagnosing unsoundness of mind involves intricate psychological and
legal evaluations.
● Balancing Rights and Protection: Striking a balance between an individual's rights and the
need to protect society from potential harm poses a challenge.
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Example and Considerations:
● Severe Schizophrenia: For instance, a person suffering from severe schizophrenia might have
been unable to comprehend the criminality of an act they committed during a psychotic
episode.
● Mental State Analysis: Courts carefully analyze the accused's mental state during the
commission of the offense to determine the impact of their mental disorder.
Ethical and Moral Considerations:

● Balancing Accountability: Ethical dilemmas arise in ensuring that individuals are held
accountable for their actions while considering the impact of mental health issues.
● Justice and Mental Health: Striving to achieve justice while accommodating the complexities
of mental disorders forms an essential ethical consideration.
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Concept: Consent

● Consent: In criminal law, consent refers to the voluntary agreement of a person to allow a
specific action or conduct to occur. It plays a vital role in determining whether an action is
legally permissible or amounts to a criminal offense.
● Significance: Consent helps distinguish between lawful activities and wrongful actions,
ensuring that personal autonomy and individual choices are respected within the bounds of
the law.
Elements of Valid Consent:
● Voluntary: Consent must be freely given without any form of coercion, threat, or duress. It
should be an expression of the person's true and independent will.
● Informed: The person giving consent must have adequate information about the nature, extent,
and potential consequences of the action. They should understand what they are agreeing to.
● Capacity: The person must possess the legal and mental capacity to provide consent. Minors,
individuals with mental disabilities, or those under the influence of drugs/alcohol might lack
capacity.
Scope of Consent in Criminal Offenses:

● Assault and Battery: Consent can negate criminal liability in cases of physical contact that
might otherwise be considered assault or battery. For instance, a consensual sporting event
where participants expect physical contact.
● Sexual Offenses: Consent is crucial in cases of sexual offenses. Lack of consent is a key
element in offenses like rape or sexual assault.
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Limits of Consent:
● Public Interest: Consent doesn't justify actions against public interest or morality. For instance,
consent to engage in an illegal activity like drug trafficking is not a defense.
● Fraud and Deception: Consent obtained through fraud, deception, or misrepresentation is not
valid. For example, obtaining consent for medical treatment by withholding important
information.
Examples:
● Case Law - The Supreme Court in the case of State of Maharashtra v. Madhukar Narayan
(1991) ruled that consent obtained by false representations nullifies the consent.
● Marital Rape Exception - Indian law previously exempted marital rape from prosecution if the
wife was above 15 years of age. However, the Supreme Court, in the case of Independent
Thought v. Union of India (2017), declared this exception unconstitutional, emphasizing the
importance of a woman's autonomy and consent within marriage.
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Concept: Private Defence

● Private Defense: Private defense is the legal right granted to individuals to protect themselves,
their property, or others from immediate and unlawful threats. It allows individuals to use
reasonable force, even causing injury if necessary, to repel an attack or prevent a crime.
● Significance: Private defense recognizes the inherent right of individuals to safeguard their
well-being and property, ensuring personal safety within the framework of the law.
Conditions for Private Defense:

● Imminent Threat: Private defense applies only when there is a genuine and immediate threat
of harm, where waiting for law enforcement assistance would be impractical or risky.
● Proportionality: The use of force must be proportionate to the threat faced. It should aim to
neutralize the danger without causing unnecessary harm.
● No Instigation: The person claiming private defense must not provoke the attack or contribute
to creating the situation leading to the threat.
Extent of Private Defense:

● Self-Defense: Private defense allows individuals to protect themselves from physical harm.
This includes using force to fend off an assailant.
● Defense of Property: Individuals can use reasonable force to prevent their property from being
unlawfully taken or damaged by another person.
● Defense of Others: Private defense extends to protecting others if they are in immediate
danger and their defense is justified.
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Examples from Indian Case Law:
● Case Law - Rattan Singh v. State of Haryana (1997): The Supreme Court clarified that private
defense can be employed against minor assaults if there's a genuine apprehension of injury,
emphasizing the importance of self-protection.
● Protection of Property - Gursharan Singh v. State of Punjab (2013): The court affirmed the
right to use force for property protection, provided it is proportionate and doesn't exceed what's
necessary.
Limits of Private Defense:

● Excessive Force: Employing more force than necessary, causing severe harm when lesser
force would suffice, can render private defense invalid.
● Retaliation: Private defense cannot be used as a pretext for retaliation after the threat has
subsided or is no longer imminent.
● Public Officials: Using private defense against lawful actions of public officials is generally not
considered valid.
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Topic: Abetment
Concept: Definition and meaning
Understanding Abetment:
Definition under IPC : Abetment is defined under Section 107 of the Indian Penal Code (IPC) as
"intentionally aiding a person to do that thing, or to cause that thing to be done." It is a criminal offense
that can be punished with imprisonment, fine, or both.
● Abetment encompasses a range of actions where an individual actively participates in or

encourages the commission of a crime. It extends legal accountability beyond the primary
offender, recognizing the significance of accomplice involvement.
● The concept emphasizes aiding, instigating, or facilitating criminal acts, reflecting the legal
system's concern for ensuring justice even for those indirectly contributing to unlawful
activities.
Elements of Abetment:
● Instigation or Procuring: This element involves instigating or persuading someone to commit
a crime. It includes actions, words, or conduct intended to induce another person to engage in
criminal conduct.
● Aiding or Advising: Aiding refers to providing assistance, resources, or support that contributes
to the commission of a crime. Advising involves offering counsel or guidance to facilitate
criminal acts.
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● Intention or Knowledge: For abetment to be established, there must be a deliberate intention
to aid or encourage the crime. Moreover, the abettor must possess knowledge of the likely
consequences of their actions.
Example:
● Suppose A persuades B to steal a valuable painting from a museum and provides B with
detailed plans and tools for the theft. In this scenario, A actively participates in abetment by
instigating, planning, and materially aiding B's criminal act.
● A's role in motivating, facilitating, and contributing to the offense highlights the elements of
instigation, aiding, and intention required for abetment.
Case Law:
● The case of R v. Jogendra Chunder Bose (1871) is a pivotal authority on abetment. It

established that abetment encompasses instigation, conspiracy, and intentional assistance in
committing a crime.
● The case's legal interpretation solidified the essential components of abetment, guiding its
application in subsequent legal proceedings.
Constitutional Perspective:
● Abetment aligns with the Indian Constitution's commitment to justice and equality before the
law, as enshrined in Article 21, which guarantees the right to a fair trial and due process.
● By holding accomplices accountable, abetment ensures that even those indirectly involved in
criminal activities are subject to legal scrutiny and fairness.
Illustration:
● Consider a situation where an individual provides financial support to a group engaged in
violent activities during a period of political unrest. While not directly participating in criminal
acts, this financial support can be construed as abetment due to its indirect contribution to
unlawful conduct.
● The example underscores the importance of recognizing indirect involvement and the role of
abetment in promoting accountability.
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Topic: Hurt and Grievous Hurt
Concept: Meaning, Ingredients and Difference b/w both
Meaning of Hurt and Grievous Hurt:

● Hurt: In criminal law, "hurt" refers to causing bodily pain, disease, or infirmity to another person.
It encompasses a range of physical injuries that may not be life-threatening but result in
discomfort and harm.
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● Grievous Hurt: "Grievous hurt" signifies a higher degree of bodily harm, involving injuries that
are not only painful but also have the potential to endanger life or cause serious
consequences, often leading to long-term implications.
Ingredients of Hurt:
● Bodily Harm: Hurt involves inflicting bodily pain, disease, or infirmity on another person. This
can encompass various forms of physical injury, from minor bruises to more substantial harm
like cuts or fractures.
● Intention or Knowledge: The accused must either intend to cause hurt or be aware that their
actions are likely to result in bodily harm. This intent or knowledge is a key factor in establishing
liability.
● Causation: The act of the accused must be the direct cause of the bodily harm suffered by the
victim. There must be a clear link between the accused's actions and the resulting injury.
Ingredients of Grievous Hurt:

● Severe Bodily Harm: Grievous hurt involves causing a more severe form of bodily injury than
hurt. The injuries are not only painful but also have the potential to endanger life, cause
permanent disfigurement, or impair bodily functions.
● Intention or Knowledge: Similar to hurt, the accused must possess the intent to cause grievous
hurt or have knowledge that their actions are likely to result in such severe bodily harm.
● Causation: The accused's actions must directly lead to the grievous hurt suffered by the victim.
There must be a clear cause-and-effect relationship between the act and the resulting harm.
Difference between Hurt and Grievous Hurt:

● Severity of Injury: The primary distinction lies in the severity of the bodily harm caused. Hurt
refers to less severe injuries resulting in pain, discomfort, or minor harm. Grievous hurt, on the
other hand, involves injuries of a more serious nature that can have life-threatening
consequences.
● Nature of Consequences: While hurt may lead to temporary discomfort or minor injuries,
grievous hurt has the potential for long-term implications, such as permanent disfigurement,
impairment, or even endangerment to life.
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Example:
● If A slaps B during an argument, causing a bruise, it may qualify as hurt. The bodily harm is
evident, but it does not pose a substantial risk to life.
● If A intentionally strikes B with a heavy object, resulting in a fractured bone and significant
bleeding, it could be considered grievous hurt due to the severe bodily harm and potential life-
threatening situation.
Case Law:
● In the case of Kishore Chand v. State of Haryana (2008), the Supreme Court emphasized that
grievous hurt involves injuries that are more serious than those amounting to hurt. It includes
injuries that endanger life or cause intense physical pain.
● The concepts of hurt and grievous hurt align with Article 21 of the Indian Constitution, which
guarantees the fundamental right to life and personal liberty. They address situations where
bodily harm affects an individual's physical well-being and life itself.
Illustration:
● Consider a scenario where A deliberately strikes B with a sharp object, causing a deep and
profusely bleeding wound. This could amount to grievous hurt due to the severity of the injury
and the potential for life-threatening consequences.
______________________________________________________________________

Topic: Extortion
Concept: Meaning and Ingredients
Meaning of Extortion:
● Extortion is a criminal offense that revolves around the unlawful acquisition of something
valuable, such as money, property, or services, through the use of coercion, threats, or
intimidation.
● The essence of extortion lies in exploiting fear, force, or psychological pressure to gain an
unfair advantage, compelling the victim to comply against their will.
Ingredients of Extortion:
● Threat or Coercion: A fundamental element of extortion is the use of threats, coercion, or
intimidation by the accused against the victim. These threats can encompass physical harm,
damage to reputation, revealing confidential information, or any action that induces fear and
forces the victim to comply.
● Obtaining Property: Another key component is the actual acquisition of something valuable
from the victim. The accused must successfully obtain money, property, or other assets
through the use of threats or coercion.
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● Against Will: Extortion involves acquiring property or valuables from the victim against their
will. If the victim complies due to fear or threats, the element of lack of consent becomes crucial
in establishing the offense.
Example:
● If A threatens to harm B's family unless B pays a substantial sum of money, and B, fearing for
their loved ones' safety, complies by paying, this constitutes extortion. A's coercive tactics lead
to the unlawful acquisition of money.
● In another scenario, A forces B to transfer ownership of a valuable painting by threatening to
disclose embarrassing and damaging information about B. This act of coercion and the
subsequent transfer of property highlight the elements of extortion.
Case Law:
● The Hari Singh v. State of Haryana (1988) case is a significant authority on extortion. The
Supreme Court clarified that extortion involves the wrongful use of threats or intimidation to
obtain property, compelling a person to part with it against their will.
● Extortion aligns with the principles enshrined in the Indian Constitution, particularly with
regards to protecting citizens' rights and ensuring justice. It serves as a safeguard against
illegal practices that exploit individuals' vulnerabilities.
Illustration:
● Imagine a situation where A, armed with sensitive personal information about B, threatens to
expose this information unless B transfers a substantial amount of money to A. A's actions fit
the definition of extortion as they leverage psychological pressure to unlawfully gain property
from B.
______________________________________________________________________

Topic: Sexual Offences
Concept: Rape
Understanding Rape: section 375 of IPC

● Rape is a heinous crime that constitutes non-consensual sexual intercourse with another
person. It is a violation of a person's fundamental rights, infringing upon their autonomy,
dignity, and physical integrity. The gravity of rape stems from the severe psychological,
emotional, and physical trauma it inflicts upon the victim.
Elements of Rape:
● Lack of Consent: Rape hinges on the absence of valid and voluntary consent from one of the
involved parties. Consent must be unequivocal, informed, and freely given by all parties
involved. If consent is coerced, manipulated, or absent, it qualifies as rape.
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● Force, Coercion, or Intimidation: Rape often involves the use of physical force, coercion, or
intimidation to compel the victim to engage in sexual activity against their will. These tactics
deprive the victim of their ability to freely make decisions regarding their own body.
● Incapacitation: Rape can also occur when the victim is incapable of giving informed consent
due to intoxication, unconsciousness, or a state of physical or mental incapacitation. Engaging
in sexual activity with someone in such a state constitutes rape due to the lack of meaningful
consent.
Example:
● If A forcibly engages in sexual intercourse with B against B's express refusal, it unequivocally
amounts to rape. The absence of consent and the use of force make it a criminal offense.
● Consider C exploiting D's vulnerable and incapacitated state due to intoxication to engage in
sexual activity. This act is rape since D cannot provide genuine consent.
Case Law:
● In the landmark case of State of Punjab v. Gurmit Singh (1996), the Supreme Court
highlighted that the central element of rape is the absence of consent. The judgment
emphasized the importance of consent as a vital factor in determining whether an act qualifies
as rape.
● The Mathurabai vs. Tukaram rape case was a landmark case in India that challenged the
definition of rape under the Indian Penal Code (IPC). The case involved Mathurabai, an 11-
year-old girl who was allegedly raped by two police constables at a police station in
Maharashtra.
● The lower court acquitted the constables, finding that there was no evidence of force or lack
of consent on Mathurabai's part. The High Court reversed the acquittal, finding that the
constables had indeed raped Mathurabai. However, the Supreme Court overturned the High
Court's decision and acquitted the constables again.
The Supreme Court's decision was based on the following grounds:
● There was no evidence of physical injury to Mathurabai.

● Mathurabai did not raise an alarm or try to escape.
● Mathurabai had a history of sexual activity.
● The Supreme Court's decision was highly controversial and led to widespread protests. It was
seen as a setback for the fight against rape in India. The case also highlighted the need to
reform the definition of rape under the IPC.
● In 2013, the Indian government amended the IPC to include the definition of "marital rape".
This was a major victory for women's rights activists, who had been campaigning for this
change for many years.
● However, the definition of rape under the IPC is still based on the concept of "force" and "lack
of consent", which can be difficult to prove in court.
● This is why it is important to continue to fight for a more progressive definition of rape that is
based on the principle of "consent".
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● The Mathurabai vs. Tukaram rape case is a reminder of the challenges that women face in
getting justice for sexual violence in India. It is also a reminder of the importance of fighting for
a more progressive definition of rape that is based on the principle of "consent".
● Rape aligns with the principles enshrined in Article 21 of the Indian Constitution, which
guarantees the right to life and personal liberty. The concept underscores the significance of
safeguarding an individual's physical, mental, and emotional well-being from any form of
violation.
Illustration:
● Imagine E threatens F with physical harm and forcibly engages in sexual activity against F's
will. The combination of force, coercion, and absence of consent categorizes this act as rape.
______________________________________________________________________

Topic: Sexual Offences
Concept: Unnatural offences
Understanding Unnatural Offences:

● Unnatural offenses, often referred to as "carnal intercourse against the order of nature," are a
subset of sexual offenses that involve non-consensual sexual acts departing from the natural
course of heterosexual intercourse. These acts are deemed unlawful due to their deviation
from societal norms and established sexual behaviors.
Elements of Unnatural Offences:

● Act Against the Order of Nature: Unnatural offenses encompass sexual acts that go against
the conventional order of sexual intercourse. This typically includes acts other than
heterosexual vaginal intercourse, such as anal or oral intercourse. The key criterion is the
deviation from what is commonly perceived as "natural."
● Lack of Consent: Like all sexual offenses, the absence of genuine and voluntary consent is a
pivotal element. For an act to be deemed an unnatural offense, it must involve non-consensual
participation by one of the parties involved.
Examples:
● If A forces non-consensual anal intercourse upon B, disregarding B's lack of consent, it
constitutes an unnatural offense. The act deviates from conventional sexual intercourse and
is aggravated by the absence of consent.
● Consider a scenario where C compels D to engage in oral sex without D's consent. This act
qualifies as an unnatural offense due to both the non-consensual nature of the act and its
departure from traditional sexual practices.
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Case Law:
● The Suresh Kumar Koushal v. Naz Foundation (2013) case sparked a substantial legal
discourse concerning the decriminalization of unnatural offenses under Section 377 of the
Indian Penal Code. While acknowledging the need for legislative intervention, the Supreme
Court upheld the criminalization.
● Unnatural offenses intersect with the Indian Constitution, particularly Article 21, which
safeguards the right to life and personal liberty. This concept reinforces the protection of
individuals from non-consensual and unnatural sexual acts that infringe upon personal
autonomy and dignity.
Illustration:
● Suppose E subjects F to non-consensual sexual acts deviating from conventional norms,
causing emotional and physical distress to F. These acts are categorized as unnatural
offenses due to both the lack of consent and the deviation from the natural order.
______________________________________________________________________

Topic: Criminal Misappropriation of Property
Understanding Criminal Misappropriation:

● Criminal Misappropriation of Property is a legal offense where an individual dishonestly takes
possession of someone else's property with the intention of using it for their personal gain
without obtaining the owner's consent. This offense involves unlawfully diverting another
person's property for one's benefit.
Elements of Criminal Misappropriation:

● Dishonest Intention: At the heart of criminal misappropriation lies the intent to dishonestly
acquire or control someone else's property. The accused must have a deliberate motive to
gain possession of the property for personal benefit without the owner's permission.
● Appropriation: To establish this offense, there must be an actual taking or appropriation of the
property by the accused. This appropriation can be both physical (direct possession) or
constructive (indirect control), as long as it signifies the exercise of control over the property
against the owner's wishes.
● Without Consent: Criminal misappropriation hinges on the absence of the owner's genuine
and informed consent. If the owner willingly parts with their property under a different belief or
understanding, the offense of misappropriation is not established.
Examples:
● Suppose A, a colleague of B, takes B's smartphone with the intention of selling it for personal
profit. This scenario amounts to criminal misappropriation because A deliberately acquires
possession of the smartphone dishonestly and without B's consent.
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● Imagine C, entrusted with managing funds for a charitable organization, diverts a portion of
the funds for their own use. This act falls under criminal misappropriation as C misuses the
funds without proper authorization or consent.
Case Law:
● In the case of Hemchand v. Emperor (1934), the court emphasized that the act of dishonestly
misappropriating property, intending to cause wrongful gain or loss, constitutes criminal
misappropriation under Section 403 of the Indian Penal Code. This case underscores the
significance of both dishonest intent and wrongful gain or loss in establishing the offense.
● Criminal misappropriation aligns with the principles enshrined in the Indian Constitution,
particularly Article 21, which safeguards the right to life and personal liberty. By upholding
property rights and ensuring ethical conduct in transactions, this concept promotes justice and
fairness.
Illustration:
● Consider E, an employee entrusted with managing company assets, diverting office supplies
for personal use. This act qualifies as criminal misappropriation, as E dishonestly acquires the
property for personal gain without proper authorization.
______________________________________________________________________

Topic: Criminal Misappropriation of Property
Meaning of Criminal Misappropriation of Property:

● Criminal Misappropriation of Property is a significant concept in Indian criminal law that
pertains to the wrongful and dishonest utilization of someone else's property for personal gain
without obtaining proper consent.
This offense falls under the purview of Section 403 of the Indian Penal Code (IPC). In simpler
terms, it encompasses the unauthorized appropriation of property entrusted to an individual
for their personal advantage.
Ingredients of Criminal Misappropriation:

● Dishonest intention: To establish the crime of criminal misappropriation, it is essential that the
accused had a dishonest intention while taking or using the property. It's not sufficient for an
act to be merely misappropriation; there must be a clear element of dishonesty in the intention.
● Property entrusted or in possession: The property in question must have been entrusted to the
accused or must have been in their lawful possession. This covers scenarios where an
individual receives property for a specific purpose but uses it for an entirely different reason.
● Conversion: The accused must have converted the property for their personal gain or
employed it in a manner that goes against the terms of the entrusted responsibility or lawful
possession.
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● No consent: It is crucial that the accused's utilization of the property was done without the
owner's consent or in violation of the conditions set for its entrustment.
Examples:
● Employee Misappropriation: For instance, a cashier working in a store collects money from
customers but instead of depositing it into the store's account, they keep the money for their
own use. In this case, the cashier's action qualifies as criminal misappropriation since they
exhibited dishonest intent by using entrusted funds for their personal benefit.
● Borrowing without Consent: Consider a situation where an individual lends their friend a laptop
for a specific purpose, such as a presentation. However, the friend ends up using the laptop
for their own entertainment without obtaining permission. This instance constitutes a case of
criminal misappropriation due to the unauthorized diversion from the intended purpose.
● Misuse of Power: Imagine a government official who gathers funds for a public project but
diverts the collected money for their personal use. This scenario also falls within the scope of
criminal misappropriation since the official misused entrusted funds for their personal gain.
Case Law:
● Ranjit Kumar v. State of Bihar (2004): In this legal case, the accused held the position of a
cooperative society manager.
He collected funds from members of the society but failed to deposit the funds into the society's
account as required.
The court's decision established that his actions amounted to criminal misappropriation due to
his dishonest utilization of the entrusted funds for personal benefit.
Indian Constitution and Case Law Studies:

● Article 21: The Indian Constitution's Article 21 guarantees the fundamental right to life and
personal liberty. The misappropriation of property can significantly impact an individual's
livelihood, potentially infringing upon their right to life.
● Article 39A: This constitutional provision emphasizes the importance of equal justice and free
legal aid, ensuring that individuals have access to legal assistance when their property rights
are violated.
State of Gujarat v. Jaswantlal Nathalal (1977):

● This judicial case highlighted the paramount significance of safeguarding property rights as a
fundamental right enshrined under Article 21 of the Indian Constitution.
______________________________________________________________________

Topic: Receiving of stolen property
Concept: Stolen property
Definition of Stolen Property:

● Stolen property encompasses items that have been acquired through criminal acts like theft
or robbery, where the rightful owner's consent is absent.
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● Ownership doesn't transfer even if the property changes hands, maintaining the connection to
the original owner.
Examples of Stolen Property:

● For instance, when valuable jewelry is stolen from a home, the stolen jewelry becomes part of
the stolen property category.
● Similarly, when a car is forcefully taken from its owner, that car becomes a prime example of
stolen property.
Elements of Stolen Property:

● Unlawful taking means the property must have been acquired through actions that violate the
law, such as theft.
● Possessing stolen property is a crime when the possessor knows or reasonably believes it to
be stolen and intends to permanently deprive the rightful owner of it.
Case Law: State of Rajasthan v. Ramesh
● Background: The case pertained to the possession of stolen property and its legal implications.
● Facts: The accused, Ramesh, was found in possession of recently stolen items without a
convincing explanation.
● Legal Presumption: The Supreme Court emphasized that if a person is found in possession of
stolen property shortly after its theft and is unable to provide a reasonable explanation, it
creates a strong legal presumption of their guilt.
● Shift in Burden of Proof: In such situations, the burden of proof shifts to the possessor to
demonstrate their innocence and disprove any connection to the theft.
● Rationale: This presumption is rooted in the principle that a person who possesses recently
stolen property and fails to offer a credible account raises suspicion about their involvement in
receiving stolen goods.
● Presumption as Evidence: While the presumption isn't absolute proof of guilt, it serves as a
significant piece of evidence for the prosecution to establish the offense of receiving stolen
property.
● Impact: The case law reinforces the importance of a possessor's responsibility to provide a
convincing explanation when found in possession of recently stolen items, highlighting the
legal consequences of such possession.
Importance and Implications:
● The case law establishes a legal principle that facilitates the prosecution's case against those
in possession of stolen property.
● It underscores the significance of credible explanations for possession, shifting the burden of
proof in cases involving stolen items.
● The principle ensures that individuals who cannot adequately account for their possession of
stolen goods may face legal consequences due to the strong presumption of guilt.
______________________________________________________________________
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Topic: Receiving of stolen property
Concept: Dishonestly receiving the property
Dishonest Receipt of Stolen Property:

● Involves knowingly obtaining or possessing property that has been stolen while being fully
aware of its illegal origin.
● This offense goes beyond merely receiving stolen goods; it encompasses any activity related
to dealing with or aiding in the disposal of stolen property.
Key Elements of Dishonestly Receiving:

● Knowledge of Theft: For an act to qualify as dishonestly receiving stolen property, the accused
must possess actual knowledge or a reasonable belief that the property has been stolen from
its rightful owner.
● Dishonesty: The accused's intention to acquire or possess the stolen property must be
dishonest. This implies that they are fully aware of the property's stolen nature but still engage
in obtaining or possessing it.
● Dealing: Dishonest receipt of stolen property not only covers receiving, but it also extends to
various forms of dealing, such as selling, transferring, or participating in any manner that
contributes to the disposal of stolen goods.
Examples:
● Pawn Shop Scenario: Imagine a pawnbroker who knowingly accepts valuable items from an
individual who cannot provide any proof of ownership. If the pawnbroker is aware that these
items may have been stolen, they can be charged with dishonestly receiving stolen property.
● Online Marketplace: Consider an individual who intentionally purchases a smartphone from an
online platform at an unusually low price. If they suspect the smartphone might be stolen but
proceed with the purchase, they could be held accountable for dishonestly receiving stolen
property.
● Fence Involvement: Think of a person who acts as an intermediary, assisting thieves in selling
stolen artwork to collectors. Even though this individual doesn't directly receive the stolen
property, their involvement in facilitating its sale makes them guilty of dishonestly receiving the
property.
Case Law: Vijay Kumar v. State of Rajasthan (2015)

In the Vijay Kumar v. State of Rajasthan (2015) case, the following key points were highlighted:
● Dishonest Practice: The case focused on addressing dishonest practices involving stolen
property
● Strict Enforcement: The importance of rigorously enforcing laws related to dishonestly
receiving stolen property was emphasized
● Integrity in Transactions: The case underscored the need for integrity and honesty in property
transactions.
● Justice Upheld: The judiciary's role in upholding justice and holding individuals accountable
for their actions was reaffirmed.
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● Deterrent Effect: The strict approach aimed to discourage individuals from engaging in
activities related to stolen property.
● Property Rights Protection: Preserving property rights and preventing their violation through
unlawful means was a central concern.
● Legal Precedent: The case set a precedent for future instances, providing guidance for
consistent and just decisions.
● Conclusion: The Vijay Kumar v. State of Rajasthan (2015) case exemplified the commitment
to fairness, justice, and deterring dishonest practices involving stolen property.
Significance
● Understanding the concept of dishonestly receiving stolen property is crucial for upholding
property rights, maintaining societal order, and ensuring the fair application of the law.
● It plays a significant role in deterring individuals from benefiting from criminal activities and
encourages the protection of property rights for all members of society.
______________________________________________________________________

Topic: Cruelty Caused by Husband
Concept:Section 498 A
Understanding Section 498A:

● Section 498A of the Indian Penal Code (IPC) is a legal provision aimed at addressing cruelty
and mistreatment experienced by married women, particularly concerning dowry demands and
other forms of harassment from husbands and in-laws.
● It establishes that mistreatment and cruelty against married women are criminal offenses,
highlighting the need for protection against unjust behavior.
Key Elements of Section 498A:

● Cruelty or Harassment: This aspect of the law encompasses a wide range of actions that cause
cruelty or harassment to married women. It covers physical harm, mental distress, emotional
trauma, or any form of unjust treatment.
● Dowry Demand: The section considers situations where cruelty is tied to demands for dowry,
gifts, or property from the woman's family. It recognizes the vulnerability of women to unfair
dowry-related practices.
● Intention to Coerce: For an act to qualify under Section 498A, there must be a clear intention
to coerce the woman or her family into fulfilling unlawful demands. This ensures that the law
targets deliberate mistreatment rather than accidental actions.
● Beating, burning, or physically abusing the woman.

● Locking her up in a room or house.
● Denying her food, clothing, or medical care.
● Forcing her to do manual labor.
● Preventing her from working or studying.
● Harassing her with phone calls or text messages.
● Threatening to kill her or her family members.
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Examples:
● Physical Abuse: A concrete example would be if a husband physically assaults his wife due to
dissatisfaction with the dowry given at the time of their marriage. This would be covered by
Section 498A as it involves physical harm and coercion.
● Emotional Distress: Consistent verbal abuse, threats, or emotional distress inflicted by in-laws
demanding additional dowry from the woman's family would fall under this section. It
recognizes the detrimental impact of emotional harm.
● Financial Exploitation: If the husband or his family demands money from the woman's family
and causes mental anguish due to non-compliance, it would be considered a violation of
Section 498A. This highlights the broader scope of mistreatment beyond physical harm.
Case Law: Arnesh Kumar v. State of Bihar (2014)

In the Arnesh Kumar v. State of Bihar case, the following key points were highlighted:
● Preventing Misuse of Section 498A: The Supreme Court emphasized the importance of
preventing the misuse of Section 498A of the Indian Penal Code (IPC).
● Fair Investigation: The court stressed the need for a fair and balanced investigation process,
ensuring that arrests are not made hastily or without proper verification.
● Due Process: The case underscored the significance of upholding due process and avoiding
automatic arrests based solely on allegations.
● Protection and Due Diligence: While acknowledging the importance of protecting women from
cruelty, the court cautioned against overlooking the rights of the accused and stressed the
need for diligent consideration.
● Balancing Protection and Rights: The court aimed to strike a balance between protecting
women's rights and preventing the misuse of the law for harassment, highlighting the need for
responsible application.
● Guidance for Law Enforcement: The case provided guidance to law enforcement agencies to
exercise caution and discretion before making arrests in cases involving Section 498A.
● Promoting Fairness: The court's ruling sought to ensure fairness, just treatment, and a
balanced approach to addressing issues of cruelty and harassment.
● Conclusion : Overall, the Arnesh Kumar v. State of Bihar case emphasized the necessity of
preventing misuse, upholding due process, and striking a balance between protecting the
rights of both women and the accused. It aimed to guide law enforcement agencies in their
approach to cases falling under Section 498A.
Case law: Ranjana Devi v. State of Bihar (2016): This case held that the offense of cruelty under
Section 498A can be committed even if the woman is not living with her husband or in-laws. The
woman can still be subjected to cruelty through phone calls, text messages, or other forms of
communication.

● Article 14: This constitutional provision ensures equal treatment before the law. Section 498A
applies equally to all individuals, irrespective of gender, emphasizing the principle of fairness
and justice.
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● Indra Sarma v. V.K.V. Sarma (2013): The Supreme Court reminded that while Section 498A
was enacted to protect women from cruelty, it should not be misused as a tool to harass
innocent individuals. This highlights the need for responsible application of the law.
______________________________________________________________________

Topic: Cruelty Caused by Husband
Concept: DV Act 2005
In the discussion of "Cruelty Caused by Husband," we delve into the Domestic Violence Act, 2005 (DV
Act), a pivotal legal framework aimed at safeguarding women from various forms of abuse and cruelty
within their domestic relationships, particularly marriages.
Understanding the Domestic Violence Act, 2005:

● The DV Act is a comprehensive law that recognizes and addresses different dimensions of
domestic violence, including physical, emotional, verbal, economic, and sexual abuse.
● Its objective is to provide women with a legal mechanism to seek protection, support, and
remedies when they face mistreatment within the confines of their homes.
Key Elements of the DV Act:

● Wide Definition of Domestic Violence: The Act has an expansive scope, encompassing
violence not only inflicted by husbands but also by other family members.
● Rights and Reliefs: It grants women a range of rights, such as the right to continue residing in
their shared household, protection orders against abuse, financial support, access to medical
assistance, and more.
Examples:
● Physical Abuse: If a husband physically assaults his wife, causing her harm or injury, it falls
under the purview of the DV Act.
● Emotional Abuse: The Act acknowledges consistent verbal insults, humiliation, and emotional
distress caused by family members as forms of abuse.
● Economic Abuse: If a husband exercises control over the woman's finances, denying her
access to money or financial independence, it constitutes economic abuse under the DV Act.
Case Law: Indra Sarma v. V.K.V. Sarma (2013)

In the Indra Sarma v. V.K.V. Sarma case, the following key points were highlighted:
● Comprehensive Protection: The Supreme Court emphasized that the Domestic Violence Act,
2005, was enacted to provide comprehensive protection to women against various forms of
abuse within domestic relationships.
● Addressing Abuse: The case underscored the Act's intent to address a wide range of abuses,
including physical, emotional, verbal, economic, and sexual, recognizing the multi-dimensional
nature of domestic violence.
● Remedies for Victims: The court reiterated that the Act offers remedies and legal recourse to
women who suffer abuse, granting them the means to seek protection and redressal.
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● Prevention and Support: The case highlighted the Act's role in not only addressing ongoing
abuse but also preventing future instances of violence and providing support to victims.
● Promoting Gender Equality: The court's ruling demonstrated the Act's alignment with
constitutional principles of gender equality, ensuring that women are safeguarded from abuse
and mistreatment within their homes.
● Balancing Rights: While emphasizing women's protection, the case also recognized the
importance of striking a balance between the rights of victims and the accused, ensuring a fair
and just legal process.
● Empowerment through Law: The Indra Sarma case reaffirmed the significance of legal
mechanisms like the DV Act in empowering women to assert their rights and seek justice in
cases of domestic violence.

● Article 15: This constitutional provision prohibits discrimination based on gender. The DV Act
aligns with this constitutional mandate by recognizing women's rights and providing them with
legal recourse against domestic violence.
● Article 21: Guarantees the right to life and personal liberty. The DV Act upholds a woman's
right to live free from violence and abuse within the confines of her own home.
____________________________________________________________________________

Topic: Defamation
Concept: Meaning, Examples, types, Defences and exceptions
Defamation: Understanding the Concept

● Defamation is a crucial legal concept that deals with the communication of false statements
about individuals or entities, which can harm their reputation
● The reputation of a person or an entity holds immense value, and defamation laws aim to strike
a balance between protecting freedom of speech and preventing unjust harm to reputation.
Examples of Defamation:
● False Statements: If someone spreads false rumors that an individual has committed a crime
without any evidence, it could harm that person's standing in the community.
● Negative Reviews: Posting fake negative reviews about a restaurant, claiming it serves unsafe
food, can negatively impact its business and reputation.
● Inaccurate Reporting: If a media outlet publishes an untrue story about a public figure engaging
in unethical activities, it can severely damage their reputation.
● Gossip: Sharing fabricated stories about someone's personal life, such as their marital status
or financial matters, can tarnish their image.
Types of Defamation:
● Libel: This type of defamation involves written or printed forms, including articles, blog posts,
social media updates, or even graffiti that damages reputation.
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● Slander: Slander refers to spoken defamation, like making false statements in conversations,
interviews, or public speeches.
Defences against Defamation:

● Truth: If the statement made is true, it may not constitute defamation, as truth is a valid defence
against claims of harm to reputation.
● Fair Comment: Expressing an opinion based on facts that are true and not malicious is
considered fair comment and may not be seen as defamation.
● Privilege: Statements made in certain contexts, like court proceedings or parliamentary
debates, are protected from defamation claims.
● Public Interest: Statements made in the public interest, such as exposing corruption or
wrongdoing, might be defended as they serve a greater good.
Exceptions to Defamation:
● Statements in Good Faith: If a statement is made in good faith and without malicious intent, it
might not be considered defamation.
● Statements to Protect One's Interest: If someone makes a statement reasonably to protect
their own interest, it could be an exception to defamation.
Case Law: Subramanian Swamy v. Union of India (2016)

The case of Subramanian Swamy v. Union of India (2016) revolves around the constitutionality of
criminal defamation laws and their impact on the right to freedom of speech and expression, as well
as the right to reputation. Here are the key points of this case:
● Balancing Fundamental Rights: The Supreme Court recognized the importance of both the
right to freedom of speech and expression (Article 19(1)(a)) and the right to reputation (Article
21 - Right to Life) as fundamental rights protected by the Constitution.
● Deterrence of False Statements: The court acknowledged that criminal defamation laws play
a significant role in deterring false and malicious statements that can harm an individual's
reputation.
● Legitimate Aim: Protecting a person's reputation was deemed a legitimate objective, falling
within the reasonable restrictions permissible under Article 19(2) of the Constitution.
● Constitutional Validity: The court upheld the constitutionality of criminal defamation laws,
asserting that they strike a balance between safeguarding reputation and upholding freedom
of speech.
● Reputation as a Facet of Right to Life: The case reinforced the recognition that the right to
reputation is an intrinsic part of the broader right to life guaranteed under Article 21
● Reasonable Restrictions: The case highlighted the concept of reasonable restrictions on
fundamental rights, emphasizing the need to prevent abuse of freedom of speech and
expression.
● Social Harm and Public Order: The court acknowledged that false statements causing harm
to reputation can lead to social harm, justifying the imposition of reasonable restrictions

● Article 19(1)(a): The Constitution guarantees the right to freedom of speech and expression,
but this right is not absolute and can be restricted to ensure a fair balance with other rights,
including the right to reputation.
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● R. Rajagopal v. State of Tamil Nadu (1994) recognized that the right to reputation is an
essential facet of the right to life under Article 21.
______________________________________________________________________

Topic: Offences Against State
Concept: Section 121 to 123
Understanding Offences Against State (Section 121 to 123):

Offences against the state are among the gravest crimes in criminal law. They encompass actions that
directly endanger the sovereignty, security, and integrity of a nation.
Sections 121 to 123 of the Indian Penal Code (IPC) specifically target these offenses, encompassing
a wide range of activities aimed at overthrowing the government, engaging in warfare against India,
or conspiring to carry out such acts.
Section 121 - Waging, or Attempting to Wage, War against the Government of India:
● Section 121 pertains to instances where individuals or groups actively attempt to wage war
against the Government of India or provide assistance to such attempts.
● Example: If a group of individuals not only plans but takes substantial steps towards initiating
an armed rebellion against the Indian government, with the explicit intention of overthrowing
it, they can be charged under Section 121.
Section 122 - Collecting Arms, Etc., with the Intention of Waging War against the Government
of India:
● Section 122 focuses on the act of gathering, stockpiling, or procuring arms, ammunition, or
other resources with a specific intention of waging war against the Government of India.
● Example: If an individual or a group amasses a substantial quantity of weapons, explosives,
or other tools of violence with the explicit intent to use them in a revolt against the Indian
government, they could potentially face charges under Section 122.
Section 123 - Concealing with Intent to Facilitate Design to Wage War:

● This section centers on individuals who knowingly hide information that could be crucial for
planning and executing actions to wage war against the Government of India.
● Example: If someone becomes aware of a planned terrorist attack targeting a government
institution or facility and intentionally conceals this information to aid the attackers, they could
be held liable under Section 123.
Case Law: Kedar Nath Singh v. State of Bihar (1962)

● Constitutional Challenge: The case examined the constitutional validity of Section 124A
(sedition) of the IPC.
● Article 19(1)(a) and Restrictions: It revolved around reconciling freedom of speech (Article
19(1)(a)) with reasonable restrictions in the interest of public order, security, and state
sovereignty.
● Distinguishing Advocacy and Incitement: The court emphasized the difference between
legitimate criticism and actions inciting violence or rebellion.
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● Balancing Individual Rights and State Interests: The ruling highlighted the need to balance
citizens' expression rights with the state's obligation to prevent activities endangering stability
and security.
● Validating Sedition Law: The Supreme Court upheld Section 124A (sedition) but clarified that
it should only apply when there's direct incitement to violence or intent to forcibly overthrow
the government.
● Preventing Misuse: The judgment aimed to prevent misuse of sedition charges against
genuine dissent.
● Preserving Fundamental Freedoms: The case underscored the significance of safeguarding
free speech while recognizing the state's interest in maintaining public order and national
integrity.
Impact and Connection to Offences Against State (Sections 121 to 123):

● Influence: The case indirectly influences the interpretation of Sections 121 to 123, emphasizing
the careful balance between individual rights and state interests.
● Nuanced Approach: It reinforces the principle that laws related to offenses against the state
should be applied judiciously, avoiding curtailment of freedom without direct incitement to
violence or rebellion.
● Guiding Principle: Kedar Nath Singh case sets a guiding precedent for addressing offenses
against the state while respecting fundamental freedoms.

● Article 19(1)(a): While the Constitution guarantees the fundamental right to freedom of speech
and expression, it also acknowledges that this right can be reasonably restricted to preserve
public order and safeguard national integrity.
● In the case of Kanu Sanyal v. District Magistrate (1973), the court clarified that while the
Constitution protects advocacy and dissent, it does not extend the same protection to
incitement of violence or rebellion.
______________________________________________________________________

Topic: Offences Against State
Concept: Sedition
Introduction:
● Sedition is a critical legal concept that falls under the broader category of offenses against the
state within criminal law. It pertains to actions that undermine or challenge the established
government's authority and stability.
● Sedition involves acts that promote feelings of hatred, contempt, or disaffection against the
government or that incite people to rebel against the authority in place. The primary purpose
of sedition laws is to uphold national security, maintain public order, and protect the
sovereignty of the state.
Key Elements of Sedition:
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Expression of Disaffection:
● Sedition encompasses any expression or communication that reflects discontent,
dissatisfaction, or lack of faith towards the government or the authority vested in it.
Incitement to Violence:
● Acts that go beyond mere expression and actively encourage individuals to resort to violence,
rebellion, or insurrection against the government fall under the purview of sedition.
Public Disorder:
● Sedition laws are designed to prevent actions that could lead to public disorder, social unrest,
or a breakdown of law and order within society.
Examples of Sedition:
Anti-Government Protests:
● Organizing or participating in protests that advocate the violent overthrow of the government
is a classic example of seditious behavior.
● For instance, if a group plans and actively works towards initiating a rebellion with the aim of
toppling the government through forceful means, it could be charged under sedition.
Spreading Hate Speech:
● When an individual uses speech, writing, or any form of expression to spread messages that
incite violence or propagate hatred against a specific community or group, it qualifies as
sedition.
● For instance, if someone deliberately encourages violence against a particular religious or
ethnic group, with the intent to ignite conflict and unrest, it could be considered seditious.
Inciting Rebellion:
● Sedition also covers instances where individuals use their influence or communication to
motivate people to rise against the government or engage in acts of rebellion.
● Suppose a person delivers a speech or writes articles encouraging citizens to take up arms
against the state and actively participate in a revolt. In that case, it may fall under the category
of sedition.
Case Law: Kedar Nath Singh v. State of Bihar (1962):

● This landmark case involved the examination of the constitutional validity of Section 124A,
which pertains to sedition, under the Indian Penal Code (IPC).
● The Supreme Court emphasized the critical distinction between genuine criticism of the
government, which is permissible as part of the freedom of speech, and actions that actively
incite violence or rebellion.
● The court upheld the constitutionality of sedition laws while stressing the importance of their
cautious application, preventing misuse and safeguarding citizens' right to express dissent.
Indian Constitution and Sedition:

● Article 19(1)(a): The Constitution guarantees the fundamental right to freedom of speech and
expression. However, this right is not absolute and is subject to reasonable restrictions in the
interest of public order and security.
● While individuals have the right to voice their opinions and criticize the government, the state
also has the responsibility to ensure that such expressions do not pose a threat to national
security or public order.
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Balancing Rights and State Interests:
● The concept of sedition raises significant questions about striking a balance between
protecting individual rights and upholding the state's interests.
● While citizens have the right to express their views, this right is curtailed when the expression
poses a substantial risk to the stability of the nation, public safety, or the government's
functioning.
____________________________________________________________________________

Topic: Theft, Robbery and Dacoity, Criminal Breach of Trust, Cheating,
Kidnapping & Abduction
1.Theft:
● Theft is a criminal offense where a person unlawfully takes someone else's movable property
without their consent and with the intention of permanently depriving them of it.
Ingredients:
● Dishonest intention: This refers to the mental state of the accused at the time of taking the
property. It means that the accused must have the intention to keep the property for
themselves and not give it back to the rightful owner. For example, if someone borrows a
friend's laptop with the intention of returning it later, it is not theft.
● Moving of Property: This element requires that there must be a physical movement of the
property from its original location. Even a slight change in position is enough to satisfy this
requirement. For instance, if A takes B's watch from the table and places it in their pocket, the
property has been moved.
● Without Consent: The property must be taken without the owner's permission or consent. If
the owner willingly hands over their property to the accused, it does not constitute theft. For
example, if X lends their car to Y for the weekend, and Y takes it, it is not theft.
● Permanently Deprive: The accused's intention must be to keep the property permanently and
not return it to the owner. Borrowing with the intent to give back is not theft. However, intending
to keep the property even temporarily amounts to theft.
● Example: A sees B's bicycle unlocked outside B's house. A takes the bicycle and hides it in
his garage, planning to keep it for himself. A's actions fulfill all the elements of theft.
Case Law:
● In the case of Vishnu v. State of Maharashtra (2006), the accused took the complainant's
money and did not repay it. The court held that the accused had a dishonest intention to
permanently deprive the complainant of his money, thus constituting theft.
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2. Robbery:
● Robbery involves theft but with the use of force, intimidation, or the threat of injury. It is
considered a more serious offense than simple theft.
Ingredients:
● Dishonest intention: Similar to theft, the intention to permanently deprive the owner is crucial.
● Taking Property: This element requires that the property must be taken directly from the
victim's immediate possession or control. It is the act of physically removing the property from
the victim's person or presence.
● Use of Force/Intimidation: The accused must use force, intimidation, or threaten the victim with
injury to commit the theft. This distinguishes robbery from theft. If a person takes someone's
wallet from their hand without using force or fear, it would be considered theft, not robbery.
● Example: A approaches B on the street, pulls out a knife, and demands B's wallet. B, in fear
of getting hurt, hands over his wallet. A has committed robbery.
3. Dacoity:
● Dacoity refers to a group robbery committed by five or more persons with the intention of
committing theft, extortion, or mischief.
Ingredients:
● Group Involvement: At least five individuals must be part of the group. The presence of a group
enhances the seriousness of the offense.
● Criminal Intention: The group must have a common intention to commit theft, extortion, or
mischief. This element emphasizes the preplanned nature of the crime.
● Example: A gang of seven people plan to rob a jewelry store. They carry weapons and intend
to steal valuable items. If they execute the plan, they commit dacoity.
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4. Criminal Breach of Trust:
● Criminal Breach of Trust occurs when a person entrusted with property misappropriates or
dishonestly uses it.
Ingredients:
● Entrustment: The property must be given to the accused in a position of trust. This implies a
fiduciary relationship between the accused and the owner.
● Misappropriation: The accused misuses or appropriates the property for their own benefit. The
accused uses the property in a manner inconsistent with the terms of the trust.
● Example: A, a cashier, diverts funds from the company's account to his personal account. A
has committed criminal breach of trust.
5. Cheating:
Cheating involves deceiving someone with the intent to gain an unfair advantage or cause financial or
other loss.
Ingredients:
● Deception: The accused must deceive the victim through false representation or concealment
of facts. The deception can be through words, actions, or even silence.
● Fraudulent Intention: The accused must have a dishonest or fraudulent intention. This means
they intend to gain something unfairly through their actions.
● Victim's Belief: The victim must believe the deception and act upon it. The victim's actions or
decisions are influenced by the accused's deceptive conduct.
● Example: A sells B a fake gold necklace, claiming it's genuine. A's intention was to deceive B,
and B suffered a financial loss as a result.
6. Kidnapping and Abduction:

● Kidnapping involves forcibly taking a person away, while abduction is luring a person away
using deceit.
Ingredients:
● Taking Away: Kidnapping involves physically removing a person against their will. It can
involve restraint, confinement, or transporting the person to another location.
● Against Will: The act is done against the person's consent or without their agreement. The
victim's lack of free will is essential.
● Example: A physically restrains B and takes her away without her consent. A has committed
kidnapping. Alternatively, if A deceives B into leaving her home and takes her away, it
constitutes abduction.
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Case laws:
● State of Haryana v Raja Ram (1967): The accused kidnapped a girl who was below the age
of 18 years. He was convicted of kidnapping under Section 361 IPC.
● Bahadur Ali v King Emperor (1914): The accused abducted a woman by force. He was
convicted of abduction under Section 362 IPC.
______________________________________________________________________
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Topic: Unlawful Assembly
Meaning of Unlawful Assembly:

● An unlawful assembly refers to a gathering of people with the intention of committing a crime
or engaging in activities that are illegal or violent.
● It's important to understand that the mere act of people coming together isn't inherently
unlawful.
● What determines the legality of the assembly is the intent behind it and the potential
consequences of their actions.
Ingredients of Unlawful Assembly:

● At least five Individuals: For an assembly to be considered unlawful, it must involve a minimum
of five individuals. If there are only two people, it doesn't meet the criteria of an unlawful
assembly.
● Common Unlawful Purpose: The individuals in the assembly must share a common object or
purpose. This means they must have a similar goal that is unlawful in nature, such as planning
a crime or causing public chaos.
● Unlawful Object: The shared purpose of the assembly must involve activities that are unlawful,
like plotting a crime, engaging in violence, or causing a disturbance. If the purpose is lawful,
the assembly doesn't qualify as unlawful.
● Intent to Breach Peace: An essential aspect of an unlawful assembly is the intention to disrupt
public peace or engage in criminal actions. The potential consequences of their gathering
should have the capacity to breach peace or lead to criminal behavior.
Examples:
● Peaceful Protest Turning Violent: Suppose a group gathers to peacefully protest a government
policy. However, some members of the group suddenly turn violent, damaging public property.
In this case, the assembly transforms into an unlawful assembly due to the change in intent
and the potential breach of peace.
● Planned Robbery: Imagine a gang of individuals assembling in a secluded area, armed with
masks and weapons. They openly discuss and plan to rob a nearby jewelry store. This
assembly becomes unlawful due to its criminal intent and potential to breach peace through
the intended robbery.
Indian Constitutional Perspective:

● The Indian Constitution, under Article 19, guarantees the right to assemble peacefully and
without arms. However, this right is not absolute; it can be restricted in the interest of public
order and morality.
● Peaceful assemblies are protected, but an assembly with an unlawful or violent intent can be
deemed unlawful and legally restricted by law.
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Case Law - Kedarnath v. State of Bihar (1962):
● Common Object: An assembly is deemed unlawful when there is a shared common object that
could lead to a breach of public peace or the commission of a crime.
● Intention Matters: Participants must have the intention to achieve the common object for the
assembly to be considered unlawful.
● Advocacy vs. Intent: Mere advocacy of ideas critical of the government is not sufficient to label
an assembly unlawful. Intent to achieve an unlawful object is essential.
● Freedom of Expression: The case upheld the importance of protecting the fundamental right
to freedom of speech and expression, even in critical discussions of government policies.
● Balancing Act: The judgment emphasizes the delicate balance between the right to express
dissent and the need to maintain public order.
● Conclusion: The case reinforces the necessity of both a shared common object and an
intention to achieve that object in determining whether an assembly is unlawful, while also
highlighting the constitutional significance of free speech rights.
______________________________________________________________________

Concept: Rioting
Meaning of Rioting:
● Rioting entails a tumultuous and violent disturbance caused when a group of five or more
individuals unite with the shared aim of breaching public peace.
● This disorderly conduct involves actions that pose a direct threat to law and order, leading to
panic, destruction, and endangerment of lives.
Elements of Rioting:
● Unlawful Assembly: The essence of rioting lies in an unlawful assembly comprising a minimum
of five individuals. The assembly's collective purpose, if realized, must result in a breach of
peace.
● Use of Force or Violence: Rioting encompasses acts of force, violence, or threats that imperil
public peace, instill fear, and erode societal safety.
● Common Object: For an assembly to qualify as rioting, the shared objective must be inherently
unlawful. This often involves generating alarm, inflicting bodily harm, damaging property, or
inciting violent behaviors.
Examples:
● Protest Escalation: A seemingly peaceful protest against a contentious government decision
evolves into a riot when a faction within the protest initiates vandalism, sets vehicles on fire,
and engages in physical confrontations. The transformation disrupts public tranquility and
poses a substantial peril to society.
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● Religious Conflict: A dispute between two religious groups escalates into a riot, characterized
by members from both sides engaging in violent clashes. The resultant chaos leads to physical
injuries, property devastation, and an atmosphere of fear within the community.
Case Law - Ramesh v. State of Rajasthan (2012):

● Charges: Accused faced rioting charges for participating in a violent clash causing property
damage and injuries.
● Common Object: Court emphasized establishing a "common object" among the assembled
individuals as a crucial factor.
● Proof Requirement: Proving rioting offense relied on demonstrating the presence of a common
object, distinguishing it from other disorderly conduct.
● Breach of Peace: The clash resulting from the common object breached public peace and
safety.
Legal Implications:
● Reinforcement of Legal Principles: The case reinforced existing legal principles related to
rioting.
● Significance of Common Object: The case highlighted the crucial role of proving a shared
"common object" in establishing the offense of rioting.
● Guiding Precedent: The case law serves as a precedent guiding future legal interpretations of
rioting cases.
● Seriousness of Public Peace: The case ensures that the breach of public peace in rioting is
treated seriously by the legal system.
● Recognition of Collective Nature: The case emphasized recognizing the collective nature of
unlawful assembly in rioting scenarios.

● Article 19: The Indian Constitution guarantees the fundamental right to freedom of assembly
and peaceful protest.
● While this right is protected, limitations are imposed in the interest of public order and morality.
● The constitution acknowledges that even though peaceful assemblies are safeguarded, violent
and disorderly conduct that culminates in rioting can be curtailed by law to uphold public safety.
______________________________________________________________________

Concept: Affray
Meaning of Affray:
● Affray refers to a scenario where two or more individuals engage in a violent and noisy
confrontation in a public place.
● This behavior is not only physically aggressive but also creates a tumultuous atmosphere that
disrupts public peace.
● As a result, bystanders and onlookers often experience fear and panic due to the alarming
situation.
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Key Elements of Affray:
● Engagement of Two or More Persons: Affray requires the participation of at least two
individuals who are actively involved in a physical confrontation. The involvement of multiple
parties is crucial in distinguishing it from individual altercations.
● Violent and Tumultuous Conduct: The conduct of those engaged in the affray must be marked
by violence and tumult. This means that their actions are not only aggressive but also create
a chaotic and disorderly environment.
● In a Public Place: For an incident to be categorized as an affray, it must occur in a public area
accessible to the general public. This could include places like streets, parks, marketplaces,
or other areas where people gather.
● Disturbing Public Peace: The primary consequence of an affray is the disturbance of public
peace. The violent and tumultuous behavior exhibited by the individuals involved causes fear,
alarm, and concern among the public who are witnessing the situation.
Examples:
● Street Brawl: Imagine two individuals engaging in a heated argument on a bustling street. As
the argument escalates, it turns into a physical altercation with both parties resorting to violent
behavior. The resulting commotion creates a sense of panic and unease among pedestrians
and bystanders.
● Marketplace Clash: In a market setting, a disagreement between two vendors escalates into
a violent clash. The noise, aggressive actions, and disorderly conduct disturb the peaceful
atmosphere of the marketplace, leading to fear and apprehension among shoppers.
Case Law - Gouramma v. State of Karnataka (2003):

● Incident Background: The case revolved around an incident where a group of individuals
engaged in a violent brawl within a public area accessible to the general public.
● Essence of Affray: The central focus of the case was on the essence of the affray concept. It
underscored that affray entails not only the physical confrontation but also the resultant
disruption of public peace due to the tumultuous and aggressive behavior of the individuals
involved.
● Fear and Alarm as Key Factors: One crucial element highlighted by the case was the
generation of fear and alarm among the bystanders and onlookers. The court emphasized that
an affray should create a sense of fear and alarm in the public, thereby underscoring the public
nature of the offense.
● Public Safety Considerations: The case's implications extended to the realm of public safety
and order. It demonstrated the legal system's recognition of the significance of maintaining
public peace, especially in areas accessible to the general populace.
● Guidance for Interpretation: The case law serves as a reference point for legal professionals
and students, offering insights into the interpretation of affray. It reinforces the idea that the
disruption of public tranquility and the resulting fear among bystanders are pivotal
considerations in evaluating an affray scenario.
● Conclusion: Overall, the Gouramma v. State of Karnataka case not only contributed to legal
precedent but also highlighted the importance of public safety, the public nature of affray, and
the disruptive impact of tumultuous behavior on public peace.
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● Article 19 of the Indian Constitution: This article guarantees the fundamental right to freedom
of speech and expression. However, it's important to note that this right is not absolute and
can be subject to restrictions in the interest of public order and morality.
● While the constitution upholds individual rights, participating in an affray that disturbs public
peace can be restrained to ensure the safety and well-being of the general public.
______________________________________________________________________

Topic: Criminal Force and Assault and Criminal Conspiracy
Concept: Overview, Meaning and Ingredients
Overview:
● "Criminal Force and Assault" and "Criminal Conspiracy" are foundational concepts in criminal
law, dealing with physical aggression and unlawful collaborations. They encompass acts that
instill fear, undermine safety, and disturb social harmony.
Meaning of Criminal Force and Assault:

● Criminal Force: It involves deliberately using physical force against another individual without
their consent. This can include actions such as hitting, slapping, or any conduct causing bodily
harm or discomfort.
● Assault: Assault centers around intentionally causing another person to fear immediate harm.
The threat of force is sufficient; actual physical contact may not be necessary.
Essential Ingredients:
● Intentional Action: Both criminal force and assault necessitate a deliberate and purposeful
action by the accused. The intention to commit the act is crucial.
● Lack of Consent: In cases of criminal force, the application of physical force must occur without
the consent of the victim. In assault, the victim should experience an immediate fear of harm
without their consent.
● Apprehension of Harm: Assault involves creating a reasonable sense of immediate fear or
harm in the victim's mind. It's about instilling a genuine feeling of danger.
Examples:
● Criminal Force: When an individual strikes another person during a dispute, causing physical
injury.
● Assault: If someone brandishes a weapon and threatens to use it against another person,
inducing an immediate sense of fear and harm.
Case Law - State of Maharashtra v. Chandrabhan (1983):

● Charges: The accused faced charges related to criminal force and assault for causing bodily
harm to another person through the deliberate application of physical force.
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● Intent and Consent: The case highlighted the significance of proving the accused's intent
behind the action and the absence of consent from the victim. Both elements were pivotal in
establishing the offense.
● Deliberate Action: The court emphasized that criminal force and assault require a purposeful
and intentional action by the accused. It underscored the importance of examining the
accused's state of mind and intentions.
Legal Implications
● Reference for Interpretation: The case became a significant legal reference for understanding
criminal force and assault, providing insights into their legal interpretation.
● Intent and Lack of Consent: The case emphasized the importance of proving the accused's
intent behind the act and the absence of victim consent. These elements are crucial in
establishing these offenses.
● Deliberate Nature: It highlighted the deliberate nature of criminal force and assault, underlining
that these acts are purposeful and intentional.
● Potential for Harm: The case underscored the potential harm caused by such acts and their
ability to disrupt public order and safety.

● The Indian Constitution, under Article 21, safeguards the right to life and personal liberty. Acts
of criminal force and assault infringe upon this fundamental right.
● The constitution strikes a balance between protecting the rights of the accused while ensuring
justice for victims of such offenses.
Meaning of Criminal Conspiracy:

● Criminal conspiracy involves an agreement between two or more individuals to commit a
criminal act. The conspirators may or may not execute the act; the agreement itself is deemed
an offense.
Essential Ingredients:
● Agreement: A mutual understanding or arrangement among conspirators to carry out a
criminal act. The essence is the coordination to commit an illegal action.
● Criminal Intent: Conspirators must harbor the intention to commit the criminal act. This shared
intent is pivotal to establishing a conspiracy.
● Overt Act: While not obligatory, an overt act that furthers the conspiracy may be used as
evidence to strengthen the case.
Examples:
● Imagine a group plotting to rob a bank. Even if the actual robbery doesn't occur, the very act
of conspiring to commit the crime is considered a criminal offense.
Case Law - Kehar Singh v. State (Delhi Administration) (1988):

● Conspiracy Allegations: The case revolved around allegations of criminal conspiracy, where
the accused were implicated in a plot to assassinate a significant political figure.
● Agreement and Intent: The case highlighted the importance of proving a deliberate and mutual
agreement among the conspirators to commit a criminal act. The shared intent to carry out the
unlawful act was a key element.
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● Coordination and Collaboration: The court emphasized the need for coordination and
collaboration among the conspirators to establish a criminal conspiracy. The agreement
needed to demonstrate a joint effort towards a common criminal objective.
Legal Implications
● Precedent Set: The case established a significant legal precedent for comprehending criminal
conspiracy.
● Intentional Agreement: It emphasized the necessity of demonstrating a deliberate and mutual
agreement among conspirators as a core element of criminal conspiracy.
● Shared Criminal Intent: The case highlighted the importance of proving that conspirators had
a shared intent to commit a criminal act.
● Coordinated Nature: It underscored the coordinated nature of conspiracy, emphasizing
collaborative efforts towards a common criminal objective.
● Threat to Public Safety: The case brought attention to the potential threat that conspiracy
poses to public safety and order.

● The Indian Constitution, under Article 19, guarantees certain freedoms, including the freedom
of speech and expression. However, conspiracy to commit criminal acts that threaten public
safety and order may be restricted in the interest of public welfare.
____________________________________________________________________________

Concept: Outraging modesty of woman
Meaning of Outraging Modesty of Woman:

● Outraging the modesty of a woman involves deliberate actions that disrespect her dignity,
breach her personal privacy, or challenge the limits of her modesty. This offense is centered
on degrading a woman's self-worth and undermining her feeling of importance and esteem.
Essential Elements:
● Intentional Act: The act should be purposeful and calculated, indicating a clear intent to offend
the woman's modesty.
● Against Her Will: The act must be conducted without the woman's consent, ignoring her wishes
or agreement.
● Privacy Invasion: This offense includes actions that violate a woman's personal space, disrupt
her privacy, and disregard the sanctity of her modesty.
Examples:
● Inappropriate Touching: When someone touches a woman's body without her consent, in a
manner that is offensive and aimed at undermining her modesty.
● Voyeurism: This occurs when an individual secretly observes, captures images, or records
videos of a woman during private moments without her knowledge or agreement, thereby
invading her privacy and modesty.
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Case Law - State of Punjab v. Major Singh (1966):
● Accusation: The accused faced charges for engaging in behavior that was deemed to have
outraged the modesty of a woman. The charges were based on the use of offensive language
and gestures.
● Importance of Dignity: The case emphasized the importance of upholding a woman's dignity
and respect. The court highlighted the need to protect a woman's modesty from offensive acts
that could demean her.
● Safeguarding Modesty: The case underscored the role of the law in safeguarding a woman's
modesty and personal integrity. It recognized the societal significance of preventing acts that
could undermine a woman's self-worth.
Legal Implications
● Milestone in Legal Understanding: The case was a pivotal moment in comprehending the
offense of outraging a woman's modesty, shaping its legal interpretation.
● Respect for Dignity: It underscored the imperative of respecting and safeguarding a woman's
dignity, particularly concerning acts that demean her or violate her personal boundaries.
● Emphasis on Consequences: The case highlighted the legal ramifications of engaging in
offensive conduct that encroaches upon a woman's modesty, making it clear that such
behavior holds legal repercussions.
● Precedent for Future Cases: The case's significance endured as it provided a reference point
for subsequent legal deliberations and applications related to outraging a woman's modesty.

● The Indian Constitution, under Article 15(3), empowers the state to formulate special
provisions for women and children. This highlights the constitution's commitment to preserving
women's dignity and rights.
● Article 21 guarantees the right to life and personal liberty, which includes a woman's
entitlement to live with dignity and respect, free from acts that outrage her modesty.
______________________________________________________________________

Concept: Section 354A to Section 354D
Legal Provisions for Women's Protection:

● Sections 354A to 354D encompass crucial legal measures addressing offenses against
women's dignity and safety within Criminal Law.
● These provisions aim to provide comprehensive protection by preventing acts that infringe
upon women's rights and undermine their security.
Section 354A - Sexual Harassment:

● Section 354A focuses on combating sexual harassment, encompassing a wide range of
unwelcome behaviors such as physical contact, explicit remarks, or advances without a
woman's consent.
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● It emphasizes the significance of respecting a woman's personal boundaries, particularly in
situations where she may be vulnerable or subjected to power dynamics.
Section 354B - Assault or Use of Criminal Force to Disrobe:

● Section 354B tackles a serious offense involving the use of criminal force or assault with the
specific intent to disrobe a woman.
● This provision is crucial for safeguarding a woman's bodily integrity and self-respect,
acknowledging that such acts not only violate her physical space but also impact her sense of
dignity and security.
●
Section 354C - Voyeurism:
● Section 354C deals with the offense of voyeurism, which includes capturing, disseminating, or
publishing private images of a woman without her consent.
● It aims to protect a woman's privacy and personal space, addressing unauthorized intrusion
and misuse of such images that may lead to harassment or exploitation.
Section 354D - Stalking:

● Section 354D addresses stalking offenses, encompassing persistent acts like following,
contacting, or attempting communication against a woman's wishes.
● This provision aims to prevent actions that create fear, distress, and vulnerability for women,
acknowledging the potential escalation of stalking into more serious offenses.
Case Law - Vishakha v. State of Rajasthan (1997):

● The Vishakha case marked a significant milestone in recognizing and addressing sexual
harassment in workplaces.
● The Supreme Court's guidelines emphasized the duty of employers to establish a safe
environment for working women, contributing to the legal framework for gender-based offense
prevention.

● These provisions align with fundamental principles of the Indian Constitution, including Article
14 (Equality), Article 15 (Non-Discrimination), and Article 21 (Life and Liberty).
● They uphold gender equality, dignity, and the fundamental rights of women, reflecting the
constitutional commitment to ensuring their protection and well-being.
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Topic: Culpable Homicide & Murder
Overview:
● Culpable Homicide and Murder form integral aspects of Criminal Law, serving as crucial
differentiators in cases of unlawful killing. They revolve around the intentions, actions, and
circumstances surrounding the act of causing someone's death.
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Meaning of Culpable Homicide:
● Culpable Homicide refers to the unlawful act of causing the death of a human being. Unlike
murder, it does not necessarily involve a direct intention to kill. It encompasses situations
where an individual's actions or negligence result in someone's death, even if the death was
not the specific desired outcome.
Ingredients of Culpable Homicide:

● Death of a Human Being: This fundamental element involves the loss of a person's life due to
certain actions or events.
● Causing Death: The accused's conduct or omissions must directly contribute to the person's
death. The causal link between the action and the death is pivotal.
● Absence of Intention to Kill: Unlike murder, where there's a specific intent to cause death,
culpable homicide might involve an intention to cause harm, but not necessarily to cause
death.
Example of Culpable Homicide:

● Imagine a scenario where during a heated argument, person A shoves person B, leading to B
falling and hitting their head, which eventually causes B's death. In this case, although A didn't
intend to kill B, their actions directly resulted in B's demise, thus constituting culpable homicide.
Meaning of Murder:
● Murder is a more severe offense compared to culpable homicide, involving the intentional and
deliberate act of causing someone's death. It necessitates a higher degree of mens rea or
guilty mind.
Ingredients of Murder:
● Death of a Human Being: Similar to culpable homicide, the death of a person is a core
component.
● Intention to Cause Death: Murder requires a specific intent or purpose to cause the death of
the individual. The accused must consciously desire the person's demise.
● Act Committed: The accused's actions or conduct must directly lead to the person's death, and
there must be a clear connection between the action and the fatal outcome.
Example of Murder:
● Consider a case where individual X premeditates and administers poison to person Y, resulting
in Y's death. In this instance, X's intentional act of poisoning Y with the specific aim of causing
death classifies the crime as murder.
Case Law - R v. Govinda (1927):

● Intent as Crucial Element: The case emphasized the vital role of intent in distinguishing
between culpable homicide and murder.
● Clear Evidence Required: The court stressed the need for convincing and unambiguous
evidence of the accused's intent to cause death.
● Stringent Evidentiary Standard: The ruling established the principle that guilt in murder cases
must be proven beyond a reasonable doubt.
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● Precedent Setting: The case set a precedent for future legal interpretations, guiding the
distinction between the two offenses based on intent.
● Relevance Today: The principles outlined in the case remain relevant in contemporary criminal
proceedings, ensuring a just legal process.
● Educational Significance: The case is valuable for Criminal Law studies, teaching students
about intent's role and the importance of robust evidence in criminal cases.

● Both these concepts align with Article 21 (Right to Life) of the Indian Constitution, which
underscores the importance of safeguarding human life and ensuring that justice is
administered fairly.
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Concept: Difference b/w Culpable Homicide & Murder
S.No Culpable Homicide Murder
1. Intent Culpable Homicide refers to the act of Murder involves the deliberate and
causing someone's death, but without a conscious act of causing
specific intention to take their life. The someone's death with a clear intent
accused may not have set out to kill the to end their life. The accused's
person, but their actions resulted in the actions are directed towards
individual's demise. achieving the victim's death.
2. Intent Level In cases of culpable homicide, the In cases of murder, the accused's
accused might have intended to cause intent is solely focused on ending
harm or injury to the victim. The intention the victim's life. The intention to kill
to harm is present, but the intent to cause is the central aspect that
death is absent. distinguishes murder from other
offenses.
3. Penalty Culpable homicide carries a comparatively Murder is a more serious offense

lesser penalty than murder. This than culpable homicide and carries
acknowledges the difference in culpability a graver penalty due to the
due to the absence of a clear intention to deliberate and malicious nature of
kill. the act.
4. Example Consider a scenario where during a Imagine an individual, Person X,

heated argument, Person A shoves who meticulously plans and
Person B, who then falls and hits their administers poison to Person Y with
head, leading to an unintended and fatal the specific intention of causing Y's
injury. This situation exemplifies culpable death. This deliberate act of
homicide, as Person A's intention was to intentionally causing death qualifies
harm, not to cause death. as murder.
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Concept: Comparison with Causing death by Negligence
S.No Culpable Homicide & Murder Causing Death by Negligence
1. Intent These involve varying degrees of It lacks the intent to cause death;
intent, with murder requiring a higher it emphasizes the absence of
level of intent to kill.. reasonable care.
2. Intent Level Culpable Homicide involves an intent Here, the focus is on negligence
to cause harm, while murder involves or recklessness rather than a
a deliberate intent to take a life. deliberate intent.
3. Penalty Penalties differ based on intent, with The penalty is generally less
murder carrying a more severe severe than that for homicide or
punishment. murder, reflecting the absence of
intent to kill.
4. Example 1.Culpable Homicide: An unplanned The penalty is generally less

physical altercation that tragically severe than that for homicide or
results in unintended fatal murder, reflecting the absence of
consequences. intent to kill.
2.Murder: A carefully planned act,
such as administering poison with the
specific aim of causing death.
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Concept: Dowry Death
Dowry: An Overview
● Dowry Tradition: Dowry is a longstanding practice in India where the bride's family provides
various forms of assets, money, or gifts to the groom's family during marriage. This tradition
dates back centuries and was initially intended to provide financial support to the newlyweds
as they began their married life.
● Original Intent: The concept of dowry was originally rooted in the idea of aiding the couple in
establishing their household and easing the financial burden on the groom's family. It was seen
as a form of assistance to help the couple start their married life on a stable footing.
● Disturbing Transformation: Over time, the practice of dowry has taken a distressing turn. While
it was once a voluntary and supportive gesture, it has evolved into a problematic social issue.
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Many families now face intense pressure to provide increasingly extravagant dowries, leading
to financial strain, exploitation, and even tragic consequences.
Legal Implications:
● Dowry Prohibition Act, 1961: The Dowry Prohibition Act was enacted with the aim of curbing
the harmful aspects of the dowry system. It explicitly makes giving and receiving dowry, in any
form, a punishable offense. This legislative measure seeks to eliminate the practice and
protect women from its negative consequences.
● Shielding Women: The Act serves as a legal shield to protect women from the exploitation and
harassment that can arise from the dowry system. By criminalizing dowry-related practices, it
sends a clear message that such behavior will not be tolerated.
Criminal Offense:
● Serious Treatment: Dowry-related offenses are treated seriously under the Indian Penal Code.
The legal system recognizes the detrimental impact of dowry demands and associated
abuses.
● Demanding Dowry: The act of demanding dowry, whether directly or indirectly, is considered
a criminal offense. This includes instances where dowry demands are made overtly or covertly,
causing psychological distress and emotional trauma to the woman.
● Range of Charges: Dowry-related offenses can lead to a range of charges, depending on the
severity of the situation. These charges may include cruelty, abetment to suicide, and in
extreme cases, culpable homicide or murder.
Examples:
● Dowry Harassment: Imagine a scenario where a bride's family provides a substantial dowry
during the marriage. However, after the wedding, the husband and his family continuously
demand more dowry, using threats and physical violence to intimidate and coerce the bride's
family. This ongoing harassment takes a toll on the bride's mental and emotional well-being.
● Dowry Death: Consider a tragic case where a young bride dies under suspicious
circumstances in her marital home. Upon investigation, it becomes evident that the cause of
death is linked to burn injuries, poisoning, or other forms of physical harm inflicted due to
relentless dowry demands. This illustrates the severe and fatal consequences that excessive
dowry expectations can lead to.
Case Law - State of Andhra Pradesh v. Raj Gopal Asawa (2004):

● Supreme Court's Emphasis: The case of State of Andhra Pradesh v. Raj Gopal Asawa is a
significant legal precedent that emphasizes the gravity of dowry-related offenses. The
Supreme Court's ruling underscores the need to address such offenses with utmost
seriousness.
● Cruelty and Abetment: The court highlighted that cruelty stemming from dowry demands can
lead to an inference of abetment to suicide or even murder charges. This underscores the
potential for dowry-related abuses to escalate into severe criminal acts.
● Stricter Stance: The case reinforces the importance of adopting a stricter stance against the
deplorable crimes committed in the name of dowry. It serves as a reminder that such offenses
cannot be taken lightly and require robust legal action.
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● Safeguarding Dignity: The Indian Constitution, particularly Article 21 (Right to Life and
Personal Liberty), enshrines the fundamental rights and dignity of every individual. It
underscores the importance of protecting individuals from practices that undermine their well-
being and rights.
● Alignment with Constitution: The Dowry Prohibition Act aligns perfectly with the constitutional
principle of safeguarding individuals' dignity and rights. By prohibiting dowry-related practices,
the Act upholds the constitutional commitment to ensuring a safe and respectful environment
for women.
______________________________________________________________________

Topic: Mischief, Criminal Trespass, Forgery. Making a false Document
Mischief: Meaning and Ingredients

● Mischief involves the deliberate act of causing harm to another person's property or altering
its appearance, structure, or value. It extends beyond mere accidental damage and
encompasses intentional actions that disrupt the rightful owner's use and enjoyment of their
property.
Ingredients:
● Willful Act: The accused must engage in the act intentionally, demonstrating a conscious
choice to cause damage.
● Damage or Change: The act should result in actual damage to the property or a discernible
alteration in its characteristics.
● Causation: The accused's actions must directly lead to the damage or change, establishing a
clear causal link.
● Example: If an individual intentionally smashes the windows of a parked car, causing visible
damage, they can be charged with the offense of mischief.
Criminal Trespass: Meaning and Ingredients
● Criminal trespass involves unlawfully entering or remaining on another person's property

without proper authorization. It encroaches upon the rights of property owners and can
potentially lead to security concerns and disputes.
Ingredients:
● Unauthorized Entry: The accused must enter or continue to stay on someone else's property
without obtaining lawful permission or justification.
● Intentional Act: The act of trespassing should be intentional, demonstrating a conscious choice
to disregard property rights.
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● Example: If an individual enters a privately-owned garden without the owner's consent or legal
right, they commit the offense of criminal trespass.
Forgery and Making a False Document: Meaning and Ingredients

● Forgery involves creating a false document or altering an existing one with the intention of
deceiving others or engaging in fraudulent activities. It encompasses actions such as
fabricating signatures, seals, or entire documents.
● Making a False Document Defined: Making a false document refers to the act of producing a
document that is not genuine, intending to deceive or defraud others.
Ingredients:
● Fabrication: The accused must engage in the creation or alteration of a document with the
intention of misleading others.
● Intent to Deceive: The act of forgery or making a false document should be driven by the
purpose of deceiving or defrauding individuals who rely on the authenticity of the document.
● Unlawful Gain: The false document is typically used for personal gain or to facilitate illegal
activities.
● Example: If an individual forges the signature on a check to unlawfully withdraw funds from
another person's bank account, they commit the offense of forgery.
Case Law - State of Bombay v. H. M. Nanavati (1961):

● Background: Commander Nanavati suspected an affair between Ahuja and his wife. He
confronted Ahuja and shot him during an argument.
● Legal Issue: The court considered whether Nanavati's entry into Ahuja's flat was lawful or
constituted criminal trespass.
● Court's Ruling: The court held that Nanavati's entry was not lawful and amounted to criminal
trespass, emphasizing that even a genuine belief does not negate trespass if not legally
justified.
● Significance: The case established that a sincere belief, without legal justification, does not
justify trespass. It reinforced the importance of respecting property rights.
● Murder Charge: The court reduced the murder charge to culpable homicide not amounting to
murder due to the absence of premeditation.
● Legal Implications: The case clarified the principles of criminal trespass and lawful justification,
setting a precedent for future cases involving claims of lawful justification for otherwise
unlawful actions.

● Article 21 of the Indian Constitution safeguards the fundamental right to life and personal
liberty. Offenses like mischief, criminal trespass, forgery, and making false documents can
infringe upon these rights by causing harm, deceit, or disturbance. While these offenses
address specific actions that jeopardize societal order, the law seeks to strike a balance
between individual rights and broader interests in maintaining lawful conduct and safeguarding
public welfare.
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Topic: Mischief, Criminal Trespass, Forgery. Making a false Document
Concept: Difference b/w Forgery and making a false document
S.No Forgery Making a False Document
1. Definition Forgery is a deliberate act of creating, Making a false document involves

and Nature altering, or using a false document with creating a document that is inaccurate,
the intent to deceive, defraud, or cause untrue, or not genuine, without
harm. It encompasses a wide range of necessarily having the intent to deceive or
actions, including counterfeiting, altering, defraud. Unlike forgery, the focus here is
or imitating documents like contracts, on the document's content rather than
financial instruments, or official records. deceptive intent.
2. Intent The crux of forgery lies in the fraudulent While fraudulent intent is not a
intent. The person engages in forgery with prerequisite for making a false document,
the clear intention of gaining an unfair there must still be an intention to create a
advantage, causing financial loss, or document that contains false or
misleading others. Fraudulent intent is a misleading information. The intention may
crucial element, and without it, the offense vary, such as creating a humorous
of forgery may not be established. document or a document for personal use
that lacks accuracy.
3. Example Consider a scenario where an individual Suppose an individual creates a false

creates a counterfeit cashier's check with diploma certifying themselves as the "best
the intention of tricking someone into friend of the year." While the document is
accepting it as genuine and transferring false and not accurate, the intent behind
funds. This act of forgery aims to deceive creating it is likely light-hearted and
and defraud by presenting a false humorous, rather than aimed at deceiving
document with ill intent. or defrauding someone.
4. Case Law In the case of State of Kerala v. M.M. The case of R. v. Skirvin (2004) involved
Mustafa (2009), the accused was the accused altering a prescription pad to
convicted for forging land documents to obtain medication. While fraudulent intent
sell the same land to multiple buyers, may not have been proven, the act of
exemplifying the fraudulent nature of making a false document was still
forgery. considered a violation.
Some major Key Differences:

● Intent: Forgery requires fraudulent intent for deception or fraud, whereas making a false
document does not necessarily involve such intent.
● Deception: Forgery typically involves deliberate deception, while making a false document
may not have a deceptive purpose.
● Seriousness: Forgery is generally viewed as a more serious offense due to its potential to
cause significant harm, whereas making a false document may involve lesser consequences.
● Examples: Forgery often pertains to valuable or legally significant documents, while making a
false document can encompass a broader range of contexts, even those without harmful
intentions.
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Topic: Wrongful Restraint & Confinement
Meaning of Wrongful Restraint:

● Wrongful restraint involves intentionally restricting another person's movement, preventing
them from moving in a direction where they have the right to go. This can be achieved through
physical force, threats, or other obstructive means.
○ Wrongful restraint is distinct from confinement as it doesn't necessarily confine
someone to a specific area but rather prevents them from moving freely.
● Intentional Act: The act of restraint must be intentional, showing that the person deliberately
and knowingly restricted someone's movement against their will.
○ The person causing the restraint must have a clear purpose in mind, such as
preventing the other person from leaving a place or proceeding in a certain direction.
● Example: Imagine A forcefully holding B's arms to prevent B from leaving a room during a
heated argument. This situation exemplifies wrongful restraint, as A intentionally restricts B's
movement against B's wishes.
○ A's deliberate action of physically holding B's arms constitutes an intentional restriction
of B's freedom of movement.
Ingredients of Wrongful Restraint:

● Intentional Restraint: The accused must intentionally impose a restraint on the victim's
movement.
○ The person causing the restraint must have a conscious and deliberate intention to
limit the victim's ability to move.
● Wrongful restraint occurs when the victim's movement is restricted without their consent or
against their will.
○ If the victim agrees to the restraint or voluntarily accepts it, even if it involves force, it
may not qualify as wrongful restraint.
● Unlawful Act: The restraint must be illegal, meaning it is not legally justified or excusable by
any law or circumstance.
○ If a law enforcement officer restrains a person to prevent them from entering a
hazardous area during an emergency, it might not be wrongful restraint as it is done
lawfully.
Meaning of Wrongful Confinement:

● Wrongful confinement goes beyond mere restraint and involves unlawfully restricting
someone's freedom of movement within defined boundaries.
○ In wrongful confinement, the victim is restricted to a specific area against their will, and
they cannot move freely beyond those boundaries.
● Restraint to a Limited Space: The victim is confined to a particular area, and their movement
is restricted within those confines.
○ Unlike wrongful restraint, where the person can still move within certain limits, wrongful
confinement severely limits the person's mobility.
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● Example: Consider X forcibly locking Y in a room without Y's consent, preventing Y from
leaving. This situation falls under wrongful confinement as Y's movement is restricted within
the confined space.
○ X's intentional act of locking Y in a room and restricting Y's freedom of movement
constitutes wrongful confinement.
Ingredients of Wrongful Confinement:

● Intentional Confinement: The accused must intentionally confine the victim within defined
boundaries.
○ Similar to wrongful restraint, the person causing the confinement must have a
deliberate intent to limit the victim's movement.
● Against Victim's Will: The confinement must occur without the victim's consent and against
their wishes.
○ If the victim agrees to be confined or voluntarily accepts the boundaries, even under
pressure, it may not qualify as wrongful confinement.
● Unlawful Act: The confinement must be unlawful, meaning it is not legally justified or excusable
by any law or circumstance.
○ If a security guard detains a person within a store after suspecting theft, it might not be
wrongful confinement if done within legal bounds.
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Topic: Wrongful Restraint & Confinement
Concept: Difference b/w Wrongful Restraint & Confinement
S.No Wrongful Restraint Wrongful Confinement
1. Meaning 1.Wrongful restraint involves 1.Wrongful confinement involves

intentionally limiting a person's unlawfully restricting a person's
movement, preventing them from movement to a specific place.
proceeding in a direction they have 2.The victim is confined within
the right to move. defined boundaries against their
2.The restriction could result from will.
physical force, threats, or other
obstructive means.
2. Extent of 1.In wrongful restraint, the person's 1.In wrongful confinement, the
Movement movement is restricted, but they are victim's movement is severely
not confined to a specific area. restricted to a limited space.
2.The person can still move within 2.The person cannot move freely
certain limits, but their freedom is beyond the boundaries set by the
curtailed. perpetrator.
3. Example 1.A forcefully holds B's arms to 1.X locks Y in a room without Y's
prevent B from leaving a room consent and prevents Y from
during an argument. leaving.
2.Here, B's movement is restricted, 2.Here, Y's movement is confined
but B can still move within the room. to the room, and Y cannot leave.
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4. Case Law State of Punjab v. Baldev Singh State of Haryana v. Ram Singh
(2013): The Supreme Court (2002): The court held that wrongful
emphasized that wrongful restraint confinement significantly curtails an
infringes upon an individual's individual's freedom and amounts to
fundamental right to liberty and a grave violation of their rights.
dignity.
Some major key differences:
● Nature of Restriction:
Wrongful restraint involves limited movement without specific confinement.
Wrongful confinement restricts movement to a defined area.
● Extent of Mobility:
In wrongful restraint, some mobility is allowed within certain limits.
Wrongful confinement severely limits mobility within confined boundaries.
● Example:
A holding B's arms is wrongful restraint.
Locking B in a room without consent is wrongful confinement.
● Legal Implications:
Wrongful restraint carries a lesser penalty than wrongful confinement due to the difference in
severity.
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PRACTICE QUESTIONS
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Passage 1
Read the following passage and answer the question.
In criminal law, two essential elements namely, (a) the physical elements which are also known as
actus reus, and (b) the mental element, commonly known as mens rea, are necessary to constitute a
crime. Sir Mathew Hale in his book “History of Pleas of the Crown” stated, “where there is no will to
commit an offence, there can be no just reason to incur the penalty”.
Mens Rea is known as an evil mind/will. In our routine day-to-day life, we are probably daily thinking
of some evil act, most probable. Sometimes we think “I will hit him once”, “I have to kill him, this is my
enemy I will kill him”, or “This is anti-social we must punish him”. We know that punishment is part of
the Judiciary even though sometimes we are following our dreamy Judiciary, we are pronouncing one-
sided judgments about anyone, and therefore we are giving them dreamy punishment.
Preparation is a very important factor of the Mens Rea. 'Preparation' means 'to arrange means or
necessary measures for the commission of the crime'. Basically, the offence starts from here for which
we get the punishment. While preparation for committing an offence is not generally deemed to be an
offence but special variety of acts are defined to be offences although they may constitute preparation
to commit those offences
'Attempt' is the third stage in the commission of a crime. It is also known as a 'Preliminary Crime'. The
term 'Attempt' means “the direct movement towards the commission of a crime after necessary
preparation has been made.” The Hon'ble Supreme Court in the case of State of Maharashtra V/s
Mohd. Yakub [(1980) 3SCC 57, 1980 SCC (cri.)513] has observed that an attempt to define the term
'attempt' is a futile exercise. The attempt stage is reached when the culprit takes deliberate overt steps
to commit the offence, which need not be a penultimate act.
The fourth essential of crime is the 'Injury' to another person or society at large. Such injury must be
illegally caused to a person. The word 'Injury' has been defined under Section 44 of the Indian Penal
Code as "the word 'injury' denotes any harm whatever illegally caused to any person in body, mind,
reputation or property".
Source: Dr. Samir A. Runja, STAGES OF CRIME UNDER THE INDIAN PENAL CODE 1860.
Question 1: X and Y enter into a fight and after that, Y shouts that he will kill X. Decide.
a. X can be punished for the offence of murder
b. X can be punished for the offence of attempting to murder
c. X has committed no offence
d. X can be punished for the offence of Defamation
Question 2: Mohan who is a pickpocketer tries to steal from Raj’s pocket however he finds out
that Raj’s pocket is empty. Decide.
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a. Mohan has committed the offence of stealing
b. Mohan has attempted to commit the offence of stealing
c. Mohan has committed the offence of robbery
d. Mohan has committed no offence
Question 3: X with an intention to kill Y fires a bullet at him. Decide when the offence of attempt
to murder was committed or when it would be committed.
a. X fires the bullet from the gun

b. X plans to kill Y with a gun
c. X draws the gun toward Y
d. X’s bullet injures Y
Question 4: X administered poison pills to Y. But in actuality, the pills were only sugar balls.
Decide culpability of X.
a. X will be held liable for Grievous Hurt

b. X will be held liable for an Attempt to murder
c. X will be held liable for Criminal Conspiracy
d. X committed no offence
Question 5:Fatima with her infant child jumped into a well to hide from her cruel husband. Once
Fatima ran the husband never chased her. The infant died but Fatima survived. Who is liable
for the death of a child?
a. Fatima is liable for the death of the infant child

b. The husband is liable for the death of the infant child
c. Nobody can be held liable for the death of the child
d. Both Fatima and her husband are equally liable
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Passage 2
“In the beginning,” of course, crime and tort were not sharply distinguished. In early common law, a
victim could pursue justice for the same wrongful act either through a forerunner of criminal law or
through a forerunner of tort law. But over time, criminal law and tort law have evolved to encompass
a number of distinctive and contrasting features. The state prosecutes violations of criminal law. Tort
law typically requires harm as a prerequisite to a remedy. Criminal law does not. Specifically, criminal
law punishes not only: (a) Acts that are harmful to others, but also, (b) Acts that are harmful only or
mainly to the actor being punished; (c) Dangerous acts that have not yet caused harm; and (d) Acts
that the community considers immoral, even if the acts are not "harmful" in the narrower sense of the
term. By contrast, tort law mainly provides a remedy for harmful acts, not for acts that create risks of
future harm, and not for acts that are considered immoral but not harmful. Criminal law, in theory at
least, contains a proportionality principle, requiring that the punishment "fit" the crime. The tort remedy
usually does not vary with the culpability of the injurer. Suppose, in three separate incidents, injurers
A, B, and C cause precisely the same harm to their respective automobile accident victims; but A is
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strictly liable for a manufacturing flaw in the automobile, a flaw that could not have been prevented by
due care; while B is negligent for momentarily taking his eyes off the road; and C is negligent for
dangerously passing another car on a busy highway. A, B, and C will pay precisely the same damages.
Thus, the requisite culpable state of mind in criminal law ranges from strict liability to negligence to
recklessness to knowledge to purpose, with punishment varying according to that mens rea. (The
multiple degrees and categories of homicide are the best example of this range.) And the conduct or
social harm element also ranges enormously. By contrast, most tort law is governed by a negligence
standard. There are relatively few categories of intentional torts and even fewer categories of
recklessness and strict liability.
Question 6:Law of torts and crimes consists of many offences which are the same in
substance. However, what is the key difference between offences governed by the two?
a. A victim’s consent is not necessary for the prosecution under criminal law while the same is
mandatory under tort law
b. Criminal law imposes much more severe sanctions than the tort law
c. Criminal law prohibits public wrongs while tort law prohibits private wrongs
d. Punishment should be proportional to the culpability of the actor and the seriousness of the
harm caused while tort law does not purport to provide remedies proportional to the injurer’s
wrong
Question 7:Identify the correct option for the following two statements of Assertion (A) and
Reasoning (R).
Assertion (A): Criminal law contains some doctrines of strict liability with respect to the grade of the
offence.
Reasoning (R): It recognizes such strict liability doctrines as liability for abnormally dangerous
activities.
a. Both (A) and (R) are correct, and (R) is the correct explanation of (A)
b. Both (A) and (R) are correct, but (R) is not the correct explanation of (A)
c. (A) is correct, but (R) is incorrect
d. (A) is incorrect, but (R) is correct
Question 8:Which of the following factors are considered in criminal law which makes it to
retain a broader spectrum of culpability than the tort law?
a. State of mind
b. Social Harm
c. Both (a) and (b)
d. Social anxiety
Question 9:As per the economists, which of the following is fundamentally recognized in
criminal law than tort law?
a. Optimal incidence of criminal conduct is zero
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b. Criminal law creates liability for perfectly permissible conduct.
c. Criminal law sometimes prices an activity
d. Criminal law pays more attention to the conduct of the victim than tort law.
Question 10: Which of the following is correct about the difference between criminal law and
tort law?
a. Criminal law remains mainly a set of common law doctrines

b. Criminal law tends to produce more detailed specifications of wrongful behavior than tort law.
c. Tort law includes many victimless wrongs i.e. wrongs in which both of the immediate parties
to the transaction consent.
d. Both (a) and (c)
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Passage 3
In the case of Bachcha Son Of Maheshwari Deen ... vs State Of U.P., it was held that “Now comes
the question as to whether the appellant can be found guilty for the offence of "attempt to commit
rape". To assess as to whether there was an attempt to commit rape or not by the appellant, we have
to see as to what an attempt means. In every crime there is first, intention to commit, secondly,
preparation to commit it, and thirdly, attempt to commit it. If the third stage i.e. the attempt is successful
then the crime is complete. If the attempt fails, the crime is not complete but the law punishes the
person attempting the act. Section 511 is a general provision dealing with attempts to commit offences
not made punishable by other specific sections. It makes all attempts to commit offences punishable
with imprisonment and not only those punishable with death. An attempt is made punishable, because
every attempt, although it falls short of success, must create alarm, which by itself is an injury, and the
moral guilt of the offender is the same as if he had succeeded. Moral guilt must be united to injury in
order to justify punishment. As the injury is not as great as if the act had been committed, only half the
punishment is awarded.
A culprit first intends to commit the offence, then makes preparation for committing and thereafter
attempts to commit the offence. If the attempt succeeds, he has committed the offence; if it fails due
to reasons beyond his control, he is said to have attempted to commit the offence. Attempt to commit
an offence can be said to begin when the preparations are complete and the culprit commences to do
something with the intention of committing the offence and which is a step towards the commission of
the offence. The moment he commences to do an act with the necessary intention, he commences
his attempt to commit the offence. The word 'attempt' is not itself defined, and must, therefore, be
taken in its ordinary meaning. This is exactly what the provisions of Section 511 require. An attempt
to commit a crime is to be distinguished from an intention to commit it, and from preparation made for
its commission. Mere intention to commit an offence, not followed by any act, cannot constitute an
offence. The Will is not to be taken for the deed unless there be some external act that shows that
progress has been made in the direction of it, or towards maturing and affecting it. Intention is the
direction of conduct towards the object chosen upon considering the motives which suggest the
choice.”
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Question 11:X who gets a weapon or a pistol from a licensed arms and ammunition store with
a permit, however, has the ultimate aim of murdering his long-term enemy Y. He keeps the
weapon in his pocket but nothing does more than that. One day, X finds Y in the nearby nursery
and fires, aiming at him. In the event that the shot hits Y causing fatal injury leading to his
death, the attempt of X is fruitful and the goal of X is achieved. But what would be the liability
of X if Y got only injured?
a. X will be liable for murder because Y got injured with his shot
b. X will not be liable for murder because Y was only injured
c. X will be liable for an attempt to murder
d. X will be liable for culpable homicide not amounting to murder
Question 12:Which among the following is the correct arrangement for the stages of crime?
a. Preparation, motive, attempt and accomplishment

b. Preparation, intention, attempt and accomplishment
c. Intention, preparation, attempt and accomplishment
d. Intention, attempt, accomplishment and preparation
Question 13 Which among the following statements correctly presents a situation that attracts
the liability and punishment of the crime of murder?
a. Causing death by an act done with the intention of causing bodily injury as is likely to cause
death
b. Causing death by an act done with the knowledge that it is likely to cause the death of the
person
c. Death is caused by an act done with the intention of causing bodily injury and bodily injury
intended to be inflicted is sufficient in the ordinary course of nature to cause death.
d. None of the above
Question:14 Any individual who attempts to commit suicide and does any act towards the
commission of such an offence will be punished in the Indian Penal Code. Why?
a. Right to life does not include the right to die

b. Killing oneself or others is not a part of the crime
c. Right to life includes the right to die
Question 15:Which among the following is not an element of the crime?
a. Human being
b. Mens rea or guilty intention
c. Injury to another human being
d. Non-guilty intention for somebody
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Passage 4
Read the passage and answer the question that follow.
Explaining the aspect of penal responsibility Salmond wrote, "There are two conditions to be fulfilled
before penal responsibility can be imposed. The one is the doing of some act by the person to be held
liable. A man is to be held responsible only for what he does, not for what other persons do, or for
events independent of human activity altogether. The other is the mens rea or guilty mind with which
the act is done. It is not enough that a man has done some act which on account of its mischievous
results the law prohibits; before the law can justly punish the act, an inquiry must be made into the
mental attitude of the doer”. Although the act may have been objectively wrongful, the mind and will
of the doer may have been innocent.”
As a general rule, therefore "a guilty mind is an essential ingredient of crime at common law, and that
prima facie penal statutes should be so construed as to make mens rea an ingredient of any offense
created. However, this general rule is subject to certain exceptions where the legislature has
dispensed with the requirement of mens rea and has created offenses of strict liability.
In some cases, the courts have concluded that despite the absence of express language the
legislature intended that mens rea was a necessary ingredient of the offense. In others, the statute
has been interpreted as creating a strict liability irrespective of mens rea. Instances of this strict liability
have arisen in the legislation concerning food and drugs, liquor licensing, and many other matters.
Question 16 :P was insulted by his principal for performing vulgar dance steps at the annual
function of the school. P thought that he will add poison to the tea of his principal for publicly
humiliating him. Decide on the liability.
a. P is liable for an attempt to murder

b. P is liable for conspiring against his teacher
c. P is not liable because his teacher insulted him
d. P is not liable for any offense
Question 17: Z kept on inciting her son ZS against his wife SW for bringing inadequate dowry.
ZS started beating SW and locked her inside a room. ZS stopped giving food and water to SW.
SW becamebecome feeble and weak but one day she managed to escape. Decide on the
liability
a. Z and ZS both are liable for the attempt to murder only

b. Z is liable for abetment and attempts to murder whereas ZS is not liable
c. Z is liable for abetment and ZS is liable for simple hurt only
Question 18:A lorry driver was feeling dizzy due to sleeplessness but was still driving
constantly without taking a rest. He suddenly saw a little girl running across the road but by
the time he could do anything the girl was hit by a lorry and the girl died. Decide the liability of
the driver.
a. The driver is liable for the murder of the little girl
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b. The driver is liable for negligent driving
c. The driver is liable for culpable homicide not amounting to murder
d. The driver is liable because must know a girl might come in front of the lorry
Question 19:The passage cited in which of the following, mens rea is immaterial
a. Innocent mind
b. Strict Liability
c. Vicarious Liability
d. Attempt cases
Question 20:A was asked by B to deliver a packet to some third party. A was asked not to open
the packet but out of curiosity he opened the packet and found illicit drugs in the packet he
thought he will get rid of the drugs and dumped the illicit drugs in a well. The well water got
adulterated and was not fit to drink and due to this many villagers died. Discuss the liability of
A
a. A will be held liable for adulteration of the well

b. A will not be liable because the drugs did not belong to him
c. A will not be liable because he did not have intentions to kill anyone on the contrary he had
good intentions
d. B is liable and not A
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Passage 5
In modern American and English law, the crime of robbery is generally defined by the statute. There
are two types of definitions that are primarily used. The first is closely derived from the older English
common law and the second one is which is recommended by the American Law Institute’s Model
Penal Code. The terms like robbery, theft and extortion are very similar to each other and they are
often used interchangeably on a daily basis. But the legal implication of all three terms is different. The
Indian penal code has defined these terms very clearly. It has identified these as distinct crimes.
Section 390 of the Indian Penal Code has defined robbery and has defined theft and extortion in
relation to robbery. Section 390 of the Indian Penal Code, 1860 says that in all robbery there is either
extortion or theft. The Black law’s dictionary defines robbery as the felonious act of taking the personal
property of another from a person or immediate presence against his will accomplished by using force
and fear, with the intention of permanently depriving the owner of the thing. Death, hurt, wrongful
restraint or fear can be caused when theft is a robbery or when extortion is a robbery.
Aggravated form of robbery not only includes robbery but also includes theft and serious injuries to
the victim and it is considered referred to as an aggravated form of robbery. Dacoity is defined under
Section 391 of the IPC and the punishment for it is defined under Section 395 of the Indian Penal
Code. According to the dictionary of Oxford, dacoity means an act of violent robbery which is
committed by an armed gang. There is only one factor that differentiates dacoity from robbery and that
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is the number of offenders. Section 395 of the Indian Penal Code says that a person who commits
dacoity shall be punished with imprisonment for life, or with rigorous imprisonment for a term which
can be extended to ten years, and shall also be liable to pay the fine. This offence is cognizable, non-
bailable, and non-compoundable in nature.
Question 21: From the following, identify the cases when the offence is regarded as robbery
and not theft under the Indian Penal Code.
(1) When the offender voluntarily attempts to cause death, while committing theft.
(2) When wrongful restraint is caused while committing extortion.
(3) When hurt is caused while carrying away the property, which is acquired by theft.
a. (2) only
b. (1) and (3) only
c. (2) and (3) only
d. (1), (2) and (3) only
Question 22:Which of the following is the significant feature of the offence of dacoity under the
Indian Penal Code?
a. Offence of dacoity is constituted when a minimum of four persons commit the offence.
b. It is not necessary that the participants are armed with deadly weapons.
c. Any passive participant committing the offence of dacoity is punished under the Indian Penal
Code.
d. Both (a) and (c)
Question 23: Which of the following is correct about the offence of dacoity under the Indian
Penal Code?
a. The prosecution is not mandatorily required to prove that the murder was committed while
committing dacoity to charge all the offenders of murder.
b. It is necessary to prove there was a common intention of all the participants to commit
murder while committing dacoity to charge all of them for murder.
c. If the offenders are running while chasing them if one of the dacoits kills someone, then the
other members are held guilty of murder.
d. It is not necessary to prove whether the murder was committed by a single person or it was
committed by all of them.
Question 24:A, B, C, D, and E plan to rob X’s house. A, one of the robbers, carries a loaded gun
with him, however, he keeps it concealed. X gets up right at the moment the offenders are
about to leave and calls the police. All the offenders are caught. Decide the liability of the
offenders
a. All are liable for theft

b. All are liable for robbery since one of them was carrying a loaded gun
c. All are liable for robbery
d. All are liable for robbery and A is liable for dacoity
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Question 25: A group of people consisting of X, Y, Z, A, B, and C planned to seek revenge from
Mr. W by taking away all of his valuables. While executing their nefarious plans, Mr. X, while
snatching the valuable watch of Mr. W, made a sharp blow on the head of Mr. W which caused
him to lose his consciousness and ultimately to succumb to his injury. As a Court of competent
jurisdiction, which among the following would be the liability of the group?
a. All of them are liable for committing extortion and robbery upon Mr. W and only Mr. X is also
liable for murder
b. All of them are liable for committing dacoity and murder of Mr. W.
c. All of them are liable for committing extortion, robbery and murder of Mr. W.
d. All of them are liable for committing dacoity and only Mr. X is also liable for murder.
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Passage 6
Hurt may be described as the bodily pain that is resulting from real contact with the frame by an
aggravated assault. There’s no radical difference between assault and harm. Section 319 of the Indian
Penal Code, 1860 (hereinafter “IPC”) defines hurt as: “whoever reasons bodily pain, disorder or
disease to any man or woman is said to have caused harm.” The section does not outline the offence
of inflicting harm. It defines the time period hurt and does not describe the situations underneath which
it can be brought on.
To constitute any one or more of the essentials of simple hurt must be present: (1) Bodily Pain, (2)
Infirmity to another, (3) Disease.
According to Section 319 of the Indian Penal Code, whoever causes bodily ache, disorder or disease
to any individual is said to cause hurt. The expression ‘physical pain’ means that the pain must be
physical instead of mental pain. So mentally or emotionally hurting anyone will no longer be ‘harm’
inside the meaning of Section 319. However, to be covered under this section, it isn’t always important
that any visible injury should be precipitated at the sufferer. All that the section contemplates is the
inflicting of bodily pain. The diploma or severity of the ache or pain isn’t a fabric element to decide
whether Section 319 will apply or not. The duration of the ache or pain is immaterial. Pulling a girl with
her hair would amount to hurt
Infirmity denotes the bad state of frame of mind and a state of transient intellectual impairment or
hysteria or terror would constitute disease inside the meaning of this expression inside the section. An
organ cannot carry out its everyday function, whether temporarily or completely. It may be delivered
through the administration of a toxic or poisonous substance or by means of taking alcohol
administered by way of any other person.
A communication of ailment or disease from one individual to another through the way of touch would
constitute hurt. But, the idea is unclear with respect to the transmission of sexual sicknesses from one
individual to another.
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Question 26: A, a person suffering from skin infection deliberately comes in contact with
another person B to make him infected. Decide.
a. A is causing hurt to B.
b. A is not causing hurt to B.
c. B must wear a mask for his protection.
d. Spreading disease to another did not come under hurt.
Question 27: A knows that B has a weak heart. He deliberately goes to B in the early morning
and gives him news that his son E, has committed suicide. And B, in consequence of this
shock, faces a heart attack. Whether E can take legal action against A?
a. No, the major reason for a heart attack is a weak and unhealthy heart.
b. Yes, A’s news is the main reason behind B’s heart attack
c. No, there is no legal remedy available
d. Both (a) and ©
Question 28: Mr. P married Q, and Q finds that P M is suffering from gonorrhoea, making
physical relations with him may cause the same disease in her. She made a physical
relationship with P, and the disease transferred to her also. Whether P would be liable for Hurt?
a. Yes, according to section 319

b. No, because Q voluntarily makes the physical relation
c. P would not be liable because P and Q are husband and wife
d. P would be liable because P and Q are husband and wife
Question 29: A is the class teacher of B. A beats B for not completing homework and classwork.
Due to this, B was unable to attend the school for the next two days. Determine.
a. A is liable for the offence of Hurt

b. A has beaten B for the sake of his future
c. A was taking revenge form B
d. A dislikes B in the classroom
Question 30: A is always jealous of B because he is good at his studies. A planned to dig a
hole at night so that B would not appear in the examination in the morning. C fell into the hole
and got injured. Decide
a. A is liable for an act of Hurt

b. A is not liable for an act of Hurt
c. C should take care while walking on the road
d. B is liable for an act of hurt
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Passage 7
After the finding that the four assailants one armed with lathi and the others by fists gave a beating to
the victim and that the injuries including the grievous injury of the thumb were caused during this
beating the bare fact that there was also an admitted fall during the beating cannot justify the finding
that the thumb fracture under a lacerated wound was caused by the fall and not by the lathi. This
finding is based on mere surmises and conjecture. The witnesses did not have to specifically say that
the thumb injury was caused by a lathi until a specific question about the source of the thumb injury
was put to the victim. This apparently was not done. Therefore, the finding should have been that the
injury was caused in the course of the beating. But apart from this even if it is taken that it was caused
while the man fell during the beating that does not dissociate it from the beating to such an extent as
to destroy the causal connection. Considering the number and nature of the injuries, the fall and
immediate and natural consequences of the fall would remain the result of the beating as much as
direct injuries resulting from the blows inflicted. The argument about the thumb injury being unlikely
from the lathi blow as the right hand is generally used defensively against a lathi attack ignores the
position that in this case not less than 5 injuries are on the left leg, foot, and elbow joint. If the blow is
coming from the left even a right-handed man may very well stick out the left hand to ward off the blow.
It was held that the finding of the lathi injury not being caused by the assailants is palpably erroneous
and legally perverse finding that it was so caused.
The question would then arise whether on this injury the accused should be convicted under Section
325/34, I.P.C. There is no doubt that common intention is necessary. But where one accused carries
a lathi and the others are using their fists, the finding is of joint beating and the number of injuries is
as indicated earlier of the order of 15 a common intention to cause hurt through use of lathi can be
safely imputed. Under Section 322, I.P.C. As described under the Indian Penal Code, grievous hurt
can be caused in six forms namely, emasculation, permanent privation of the sight of either eye,
permanent privation of the hearing of either ear, the privation of any member, or joint destruction or
permanent impairing of the powers of any member or joint, permanent disfiguration of the head or
face, fracture or dislocation of a bone or tooth, and 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.
Question 31: X and Y were two rivals contesting the youth election at their university. While X
was giving a speech, a mob from Y’s party intruded and started to create a mess. They tore
down the posters and unwired the mics. People from X’s party also came in and a fight scene
was created. Amongst other people, X and Y also faced each other where X, intending or
knowing himself to be likely permanently to disfigure Y’s face, gave Y a blow which caused Y
to suffer severe bodily pain. While X only sustained minor injuries and nobody was in pain.
Even though the blow did not disfigure Y’s face; Y was admitted for a span of 20 days in the
city hospital. Decide the liability in this scenario.
a. Both X and Y are liable to be punished for causing grievous hurt.

b. Y is liable to be punished for voluntarily causing hurt to X.
c. X is liable to be punished for voluntarily causing hurt to Y.
d. X is liable to be punished for voluntarily causing grievous hurt to Y.
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Question 32: P, was facing a difficult time when he lost his job and was indebted. His account
was frozen as he committed fraud with his clients. A few of his clients come to his house and
abuse him and keep asking for their share of the money. One day, A, B and C came to P’s house
and assaulted them by hitting him with hockey sticks on his legs, back, and head. C carried a
knife with him which he knows to be likely to cause grievous hurt to P and gave a sharp cut on
P’s head which caused P to bleed and fall unconscious. Determine liability of C.
a. C is liable to be punished for voluntarily causing grievous hurt to P.

b. C is not liable to be punished for grievous hurt as he had no intention of causing grievous hurt.
c. B, and C are liable for causing grievous hurt to P by hitting him with hockey sticks
d. Only A and B are liable to be punished for voluntarily causing grievous hurt to P.
Question 33:Identify the correction option from the following two statements of Assertion (A)
and Reasoning (R):
Assertion(A): Ram caused grievous hurt when gave a blow with his fist on the face of Shyam causing
damage to his eye.
Reasoning(R): The test of gravity is the permanency of the harm because it deprives a person of the
usage of his sight and additionally disfigures him.
a. Both (A) and (R) are correct; and (R) is the correct explanation of (A)
b. Both (A) and (R) are correct; but (R) is not the correct explanation of (A)
c. (A) is incorrect, but (R) is correct.
d. (A) is correct, but (R) is incorrect.
Question 34: B lived at Udyam Nagar, with his family. On the occasion of Holi, B’s family went
to visit their grandparents. However, B was not able to go as he did not get a leave from his
work. The night when B was alone at his house, C and D broke into the house with the motive
of robbing B. Meanwhile, B woke up to the sound coming from another room. When B went to
see, C and D panicked and pushed B. C and D tried to escape but B held D. At that instance, C
came to the rescue of his fellow partner D and gave a blow with his fist on his face and broke
B’s nose which started to bleed immediately while rescuing D. C and D left leaving B lying
unconscious on the floor.
Decide on the liability as per the statements.
a. D and C are liable to be punished for causing grievous hurt.

b. D and C are not liable to be punished for grievous hurt.
c. C is liable to be punished for causing grievous hurt.
d. D is liable to be punished for causing grievous hurt.
Question 35: Which of the following statements can be inferred to be true from the above
passage?
a. When an individual does an act which he knows is likely to cause grievous hurt such as hitting
with stones which causes the victim to sustain injury and suffer pain for 20 days.
b. Grievous hurt is caused when an individual knows to be likely to cause grievous hurt but the
victim dies due to the injury.
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c. Grievous hurt is caused when a doctor while operating on his patient makes a deep incision
to operate the wound.
d. Grievous hurt is caused when a teacher hits his student with a stick.
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Passage 8
The stages of crime or elements of a crime include intention, preparation, attempt and
accomplishment.
Intention: - The fundamental elements of a crime are ‘mens rea’ and ‘actus reus’, the former being the
intention to commit a crime and the latter being the act done in furtherance of the intention. The criminal
liability of a person shall be decided only when he or she has a mala fide intention. It is the direction
of conduct towards the objects chosen upon considering the motive which suggests the choice. Mere
intention shall not constitute a crime, as it is almost impossible to know the intentions of a person. As
the famous saying goes “the devil himself knoweth not the intention of a man”.
Preparation: - It can be understood as an act in furtherance of the mala fide intention of a person. It is
an act that shall be a means to the attempt and accomplishment of the crime. In the previous
illustration, if A purchases a weapon legally and carries it with himself, it shall amount to the preparation
of the crime.
Attempt: - It may be defined as an action in furtherance of the intention and preparation of a person to
commit a crime. Thus, an attempt to commit a crime is often termed “preliminary crime”. It has been
provided under various provisions for specific crimes. However, in case of the absence of punishment
for an attempt to commit a particular crime, Section 511 of the Indian Penal Code comes into the
picture.
Some of the specific provisions of the Indian Penal Code under which an attempt to commit a crime
have been enumerated hereunder:
Section 121 – Attempt to wage a war;
Section 131 – Attempt to seduce a soldier, sailor or airman from his duty;
Section 307 – Attempt to murder;
Section 308 – Attempt to culpable homicide;
Section 309 – Attempt to suicide;
Section 326B – Attempt to throw suicide;
Section 356 – Attempt to commit theft;
Section 357 – Attempt to wrongfully confine a person;
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Section 393 – Attempt to commit robbery;
Section 397 – Robbery or dacoity with an attempt to cause death or grievous hurt.
Accomplishment: - The accomplishment of a crime is when an attempt to commit a crime is

successfully executed. Every person shall be liable for the act, offence or crime that he commits or
accomplishes. The provisions of the Code provide for specific punishments for various crimes in the
country.
Question 36: Wife has intended to kill her husband. She bought a kitchenkitchen’s knife from
market and she were waiting for her husband. When his husband came, her mind changed and
she used that knife in cooking food and made a tasty dish for her husband. Discuss the liability
of the wife.
a. Wife will be liable because she has malafide intention towards her husband.
b. Wife will be liable because she has bought the knife in order to kill her husband.
c. Wife will not be liable because mere preparation does not amount to offence.
d. Wife will not be liable because she has prepared tasty food for her husband.
Question 37 : A and B are good friends. A has intended to rape B, but he did not do so. What
will be the liability of A?
a. A will be liable because he has intended to do such illegal and immoral activity.
b. A will be liable because it was a question of a girl's dignity.
c. A will not be liable because mere intention of crime does not constitute criminal liability.
d. A will not be liable because they are good friends.
Question 38 : A fired bullet on B, but missed. B saved from Bullet. Will A be liable?
a. No, because B saved from the bullet.

b. No, because A missed the target.
c. Yes, because A has attempted to murder.
d. Yes, because B scared by this act.
Question 39 : Amit wants to kill Rohan. He has purchased poison and mixed it in the food of
Rohan, but Rohan does not eat that food. At which stage, Amit reachesreach in case of criminal
liability?
a. Intention
b. Preparation
c. Attempt
d. Accomplishment
Question 40 : A tries to commit theft by stealing the wallet of B from his pocket. But, he failed
to do so. Under which section of the Indian Penal Code, the offence committed by A has been
defined or mentioned?
a. Section 511
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b. Section 356
c. Section 378
d. Section 359
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Passage 9
Read the following passage and answer the question
Under Section 503 of the Indian Penal Code, 1860, the offence of criminal intimidation is defined. This
provision states that anybody who, on the following grounds, threatens any other person is guilty of
criminal intimidation. Threatens injury to his person; Threatens injury to his reputation; Threatens injury
to his property; Threatens injury to the person or reputation of anyone in whom the person is interested.
In addition, it should be the intention to warn this person, put into motion any act he is not legally
obliged to do, or omit any act that he or she is legally entitled to do. This leads to criminal intimidation
as they are required to perform one of these acts as a means of preventing such a crime from being
executed. The explanation of this provision indicates that this clause also includes a danger to the
image of a deceased person with which the person threatened is involved.
The Supreme Court elaborated on the scope of Section 503, IPC in Romesh Chandra Arora vs. State
(1960)[3]. In this case, the accused threatened person X and his daughter, with injury to his reputation
by releasing a nude picture of the girl if the money was not paid. The accused was charged with
criminal intimidation. Basically, the intent was to cause alarm. The Court specified that the accused's
purpose was to cause alarm to get the money and to ensure that he did not go ahead with the threat
of releasing the damaging photographs on a public platform.
Section 506 of the Indian Penal Code, 1860 the sentence for criminal intimidation is laid down. The
arrangement is split into two parts: 1. When you commit criminal intimidation, you will be imprisoned
for a term of two years or a fine or both. For those who commit criminal intimidation. Classification of
the offence: This part is a non-cognizable, bailable, and compoundable offence. It can be tried by Any
Magistrate 2. If the threat is to cause: Death or grievous hurt; Destruction of any property by fire; To
cause an offence to be committed which is punishable with imprisonment up to a term of seven years,
life imprisonment or death; To attribute unchastity to a woman. In the above-mentioned cases, the
given punishment is simple or rigorous imprisonment for a term extending to seven years; a fine; or
both.
Question 41: B arrested A in the case of smuggling the drugs. A threatens B if he files a case
against a, then his wife would be killed. Determine
a. A will be held liable for criminal intimidation

b. A will be held for smuggling of drugs
c. A will be held liable for both
d. A will not be held for any offence
Question 42: Identify the incorrect statement.
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a. Anyone who threatens another person for the loss of reputation, property, or physical injury
will be liable for the offence of criminal intimidation
b. Criminal intimidation also includes threats to harm the person or its reputation to whom another
person is interested
c. Criminal intimidation doesn’t include the injury to the reputation of the deceased person
d. A threatens F not to appear in the case of D, otherwise, he will burn his house at night. This is
an act of Criminal intimidation
Question 43: B is a servant, takes the valuables from the shop while the owner goes for lunch
and leaves his minor son, K, at his place. B threats K that if he tells anything to his father, then
he will kill his mother. K shared his whole event with L's elder brother who is a legal advisor.
Decide.
a. To tell the whole incident to parents.

b. To fire B from the shop
c. Lodge a complaint in the nearest police station
d. Considered To keep quit
Question 44: K is a blind girl, while she was alone at home when Y starts touching K
inappropriately and threatens her not to disclose such an event to anyone otherwise, he would
kill her mother. Determine.
a. The act of Y is an offence.

b. The act of Y would be liable for criminal intimidation
c. Both K and Y would be liable for criminal intimidation.
d. This is not an act of criminal intimidation.
Question 45: Mere use of abusive words, filthy language and body posture during the speech
of a political rally is not included within the ambit of which of the following?
a. Defamation
b. Criminal intimidation
c. Sedition
d. Terrorism
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Passage 10
Read the following passage and answer the question
The Court had observed in Aveek Sarkar that the decisions in such cases must be taken keeping in
mind the contemporary national standards and not that of a group of sensitive persons.
In a continuously evolving society, which changes with every passing day, having a fixed standard for
determining a crime that is based on the perspective and acceptance of the society is wrong. Society
will never accept murder, or rape. But if a filmmaker attempts to portray the sufferings of a Phoolan
Devi, the society may not have accepted it then but criticizes the decision today. If a photographer
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wishes to send a message against domestic violence through the bruised bare back of a woman, the
picture must be seen in the context of the message and not in isolation.
The Supreme Court by striking down the Hicklin test and upholding the more adaptive Community
Standards test has done an admirable job. If society accepts the portrayal of sexual activities on the
silver screen, the court must not strike it down for the sake of a few sensitive persons. If it is acceptable
to society in general, the court must accept it too. Materials may sometimes have content that is not
acceptable to society, like frontal female nudity is not acceptable in India but it is acceptable in the
United States of America and the United Kingdom. In such scenarios, one needs to look into the bigger
picture, the message being conveyed through the otherwise obscene material. The message should
be beneficial and helpful to society. People should have the freedom to send a message to society
through images/films/paintings/writings which if seen in isolation would be considered obscene or
lascivious. It is important to see the full picture instead of squinting our eyes at certain sexually explicit
scenes. The Court was justified in upholding the rights of the creators in Aveek Sarkar and Bobby
International case.
Question 46:X is an American writer who is a world-renowned writer of romantic stories. He

published an adult novel in New York that contains explicitly described romantic scenes. Y is
an NRI who works as an investment banker in the US. He gets a copy of X’s book and finds that
the content is not fit for reading for the young readers in India. Y sues X for obscenity. Decide.
a. The case won’t stand since the novel is intended for adult audiences of New York
b. The case would stand since the X can foresee that the novel would be read by young Indian
readers
c. The case would stand since obscene content is universal
d. The case won’t stand since the Y is the description of the form of text
Question 47: X is a journalist in India. She is given the responsibility to cover and write an
article on a rape case that has taken the country by storm and has led to protests for justice
all across. While writing the article, X describes the heinous offence descriptively, with injuries
to the genitalia and various private parts of the body. Y gets to read this article and finds it
obscene, due to which he sues the journal and X. Decide.
a. The case will stand since such content is disturbing and can lead to the perversion of young
minds
b. The case will not stand since the journal did not include photos of the injured private parts
c. The case will not stand since the descriptions are used to express the magnitude of the crime
d. The case will stand since obscene content does not depend upon the intent of the publisher
Question 48:When content is judged to be obscene or not, the question of its contravention of
the freedom of speech is always questioned. However, the definition of “obscene”
evolves.Decide what you infer from this statement.
a. Content published should not offend any person who is a resident of India
b. Content published is adjudged as per the community standards of what is considered obscene
c. Content published shall be censored keeping in mind that sensitive images can lead to
violence and perversion of minds
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d. All of the above are true
Question 49: X is a highly educated person who got his son admitted to an International School.
One day, while teaching his son, X notices that his biology book consists of a chapter
“Reproduction in animals” where there are diagrams of the naked human body which detail
the changes during puberty and sexual organs. X files a suit of obscenity against the school
and the publisher of the book. Decide.
a. Presence of naked diagrams are obscene as children are unable to determine their
significance
b. Presence of the diagrams are not obscene because they are used to explain medical
illustrations and create awareness
c. Presence of the naked diagrams are not obscene but the presence of the detailing is
d. Presence of naked diagrams are obscene since X is educated and his opinion represent the
larger masses
Question 50: X works at an advertising agency that gets a contract from a pharmaceutical
company. X is now assigned the task of developing advertisements for condoms. X develops
a highly creative advert with the tagline “Be Safe, Enjoy Sex”. Y is an old person who gets to
see this ad in a newspaper. He thinks the advertisement is not good for the public as it would
lead to a perversion of young minds. Y files a suit against X, the advertising agency and the
pharmaceutical brand. Decide.
a. The suit will not succeed since condoms ads are necessary to promote sexual wellness and
safety
b. The suit will succeed since the advert is promoting sex, hence perversion
c. The suit will not succeed since Y is an old person with old ideas
d. The suit will succeed because Y is well aware of the public opinion
______________________________________________________________________
Passage 11
In the case of M/S Halonex Limited, 59-A Noida vs State of U.P., it was held that “In reply to the
aforesaid submission, learned counsel for opposite party no.2 submitted that the case of the applicants
that no amount is due from their side to the complainant is a matter of defence which cannot be
considered at this stage. It has been submitted that the term 'entrustment' as used in Section 405 IPC
has been given a wider interpretation. It has been submitted that the goods returned by the
complainant to the Company for replacement or for reimbursement would be deemed to have been
entrusted to the Company and as the applicants 2 & 3 were handling its affair they become
responsible. To buttress the said submission, the learned counsel for the complainant drew the
attention of the Court to a decision of the Apex Court in the case of Ram Narayan Popli Vs. Central
Bureau of Investigation: (2003) 3 SCC 641, wherein it was observed that: "the term "entrustment" is
not necessarily a term of law. It may have different implications in different contexts. In its most general
signification all it imports is the handing over possession for some purpose which may not imply the
conferring of any proprietary right at all." Attention was also drawn to an observation made in the
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judgment of the aforesaid case, where it was observed that: "to establish the charge of criminal breach
of trust, the prosecution is not obliged to prove the precise mode of conversion, misappropriation or
misapplication by the accused of the property entrusted to him or over which he has dominion. The
principal ingredient of the offence being dishonest misappropriation or conversion which may not
ordinarily be a matter of direct proof, entrustment of property and failure in breach of an obligation to
account for the property entrusted if proved, may, in the light of other circumstances, justifiably lead
to an inference of dishonest misappropriation or conversion”.
Question 51:X tracks down an expensive necklace on the road. Not knowing to whom it
belongs. X sells it promptly to a jeweller without attempting to find the owner or submitting the
necklace to the authorities. Decide the liability of X.
a. Extortion
b. Criminal breach of trust
c. Theft
d. Criminal misappropriation of Property
Question 52: P borrows from L his phone for using it to call his parents. However, when L is
distracted, P removes the memory card of the phone and later on sells it. Decide the liability of
P.
a. P is guilty under dishonest misappropriation of property

b. P is not guilty for any offence since the phone was given with consent
c. P is guilty for theft
d. P has been handed over the phone, so he has the right to use it as he likes
Question 53: A, being amicable with Z, goes into Z's library in Z's nonappearance, and takes
away a book without Z's express consent. Here, assuming A was under the feeling that he had
Z's inferred agreement to take the book for study purpose, A has not committed any crime.
Later on, A sells off the book and reports it as lost. Determine the liability of A
a. Liable for theft

b. Liable for dishonest misappropriation of property
c. Liable for fraud
Question 54:Amit was in a crowded place where he saw a person drop his wallet with Rs10,000
in it. Amit picks that purse knowingly it belongs to another person. He uses that money for his
own use rather than giving it back to its owner or informing in the police station.
a. Amit is liable for breach of trust

b. Amit is liable for nothing since the money was lost
c. Amit is liable for Criminal misappropriation of property
d. Amit is liable for theft
Question 55:Rhea finds an expensive phone on the road and when finds out it belongs to a girl
who resides near her house. But instead of giving back to her, she sells the phone as she is in
need of money. Decide the liability of Rhea.
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a. Rhea is liable for misappropriation of property
b. Rhea is liable for theft
c. Rhea is liable for nothing as she was in need of money
d. Rhea is liable for cheating
______________________________________________________________________
Passage 12
Section 405 incorporated under the Indian Penal Code defines elaborately the offence of the criminal
breach of trust. It states that in order to constitute the offence of criminal breach of trust, it must be
established that the accused was entrusted with the property or with the dominion or power over the
property of another person. Accordingly, a relationship is created between the transferor and the
transferee, where the transferor remains the legal owner of the property and the transferee is bestowed
with the custody of such property. Section 406 of the Indian Penal Code prescribes punishment in
case of a breach of trust, whereas Sections 407 to 409 of the Indian Penal Code deal with the cases
of aggravated forms of criminal breach of trust. For instance, in case of breach of trust by carrier,
wharfinger, i.e. a manager of a place where ships may be fastened by chain or anchor to load or
unload the cargo, or warehouse-keeper, or by a clerk or servant, or by a public servant, banker,
merchant or agent, etc., the punishment may extend up to seven years of imprisonment with or without
fine.
Section 405 of the Indian Penal Code requires doing something with respect to property that would
indicate either misappropriation or conversion or disposal in contravention of any legal contract. A
mere dispute of civil nature will not attract the provisions of the Sections of the criminal breach of trust.
Section 408 of the Indian Penal Code elaborates upon one of the serious forms of the criminal breach
of trust and penalizes any person who is either a clerk or a servant and commits the offence of the
criminal breach of trust.
Question 56: Offence of Criminal breach of Trust is committed against which kind of property?
a. Moveable property only

b. Immovable property
c. Both Moveable and Immovable property
d. There is a contradiction of opinions within various High Court interpretations
Question 57: Which of the following essential is not required to be proved against any person
who is alleged to have committed the offence of criminal breach of trust under IPC?
a. When the person utilizes the property for his own use.
b. When the person dishonestly disposes off the property and causes another person to willfully
suffer from such disposal
c. The defendant had malafide intention
d. The accused intended to cause wrongful loss to the victim
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Question 58: Kavishar Das was a Superintendent of Police. He visited an area within his
jurisdiction to investigate a case of robbery. Choppar Tai, an ex-patwari of the area was
accompanying him. While returning he saw Tillu coming from one side of the river running
towards a field. It appeared that he was carrying something in his trousers. As he was running
weirdly, the officer on search found a bundle of currency notes. The police officer took the
bundle in his custody and later returned them to Tillu. Tllu alleged that Rs. 4000 are missing
from the bundle of notes. What is the liability of Kavishar Das?
There was an entrustment of property and hence an offence under Section 405 IPC was
committed
a. No offence was committed by Kavishar Das as Tillu acted suspiciously and he is lying
b. There was no entrustment hence offence is not of criminal breach of trust but of cheating
c. There was an entrustment of property and hence an offence under Section 409 IPC was
committed
d. There was an entrustment of property and hence an offence under Section 409 IPC was
committed
Question 59: Kavita and Saurav got married and registered their marriage under Hindu
Marriage Act. They have three children Kavita contended that in her matrimonial home, she
was subjected to cruelty. Her Stridhan was entrusted to her husband. She demanded to get
back her stridhan property.
a. This is a civil matter and no criminal case can be filed in this regard
b. Kavita entrusted her Stridhan to her husband if the husband misappropriates it then he is held
guilty under Section 405
c. Husband and wife are considered one in-law, therefore, a person cannot file a case against
own self
d. The husband has an equal right over the wife’s stridhan, it is their shared property, therefore,
it cannot be said that the wife entrusted the property to her husband
Question 60: Which of the following is not an essential ingredient of criminal breach of trust?
a. Misappropriation
b. Entrustment
c. Negligence
d. Disposal of property
______________________________________________________________________
Passage 13
Sections 359 to 369 of the Indian Penal Code have made kidnapping and abduction punishable with
varying degrees of severity according to the nature and gravity of the offence. The underlying object
of enacting these provisions is to secure the personal liberty of citizens, to give legal protection to the
children of tender age from being abducted or seduced for improper purposes and to preserve the
rights of parents and guardians over their wards for custody or upbringing. The word ‘kidnapping’ has
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been derived from the word ‘kid’ meaning ‘child’ and ‘napping', 'to steal'. Thus, kidnapping literally
means child stealing. And the word kidnapper was originally meant to signify one who stole children
and others to provide servants and labourers for the American plantations. Kidnapping under the Code
is not confined to child stealing. It has been given a wider connotation as meaning carrying away a
human being against his or her consent or the consent of some person legally authorized to accord
consent on behalf of such person. The word 'convey' literally means simply going together on a
journey, but in popular parlance, it now means carrying a person to his destination. Thus, the offence
would not be complete until the person actually reaches not only a foreign territory but to his destination
as well. Mere conveying of a person from one place to another is not criminal. That Act becomes
criminal if it is conveyed without his consent. A person may be conveyed as such by using force as by
inducing him to give his consent by fraud and deception. Similarly, consent loses its essential elements
if it is given under fear or duress, in which case it is submission and not consent. Abduction in common
language means the carrying away of a person by fraud or force. According to Section 362 of the
Indian Penal Code, abduction takes place when a person by force compels or by any deceitful means
induces another person to go from any place. Abduction, pure and simple, is not an offence. It is an
auxiliary act not punishable in itself, but when it is accompanied by a certain intention to commit
another offence, it per se becomes punishable as an offence. The expression 'deceitful', as used in
this provision, is wide enough to include inducing a girl to leave her guardian's house on a pretext. It
also implies the use of misrepresentation and fraud by acts or conduct.
Question 61: Which of the following is correct about the provisions relating to kidnapping
under the Indian Penal Code?
a. Kidnapping is restricted to secreting a person in the same country.

b. The offence of kidnapping is an aggravated form of wrongful restraint.
c. Kidnapping does not include the offence of keeping a kidnapped person in confinement.
d. Both (a) and (b)
Question 62: Mr A, belonging to the kandha tribe and for the purpose of marrying her, abducted
a young married woman, namely Ms B, from the lawful guardian and against her will. The
custom of the kandha tribe recognizes a form of marriage in which the groom forcibly takes
away a young girl, and later the marriage is solemnized with the full consent of both families.
As a Court of competent jurisdiction, determine the criminal liability of Mr A under the Indian Penal
Code.
a. Mr A is liable for the offence of kidnapping from the lawful guardianship of the Ms B
b. Mr A is liable for the offence of abduction
c. Mr A is not liable for any offence as such an act is not punishable as per the customs of the
kandha tribe.
d. Mr A's liability shall be determined as per the discretion of the Court.
Question 63: Mr. A met a girl, namely Ms. B, aged about fourteen years, who was living with a
Brahmin woman in the sarai of a village, where they maintained themselves by begging. Ms B
was persuaded by a goldsmith named Ghasi and was married to his son. But as she was not
given enough food to eat, she lent herself to the persuasion of the accused to quit Ghasi’s
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house and to go with him for which he was prosecuted. As a Court of competent jurisdiction,
determine the criminal liability of the accused in the facts of the above-mentioned.
a. The accused is not liable for the offence of kidnapping as there was no lawful guardian.
b. The accused is liable for the offence of abduction as she was kept out of the lawful
guardianship.
c. The accused is not liable for the offence of kidnapping as the guardianship of the husband is
not recognized in this provision.
Question 64: Ms. S, is a student of the second year B.Sc., an adult with a sound mind. The
accused was her neighbour and they became friendly with each other. On October 1, Ms. S left
her father's house and telephoned the accused to meet her in his car at a certain place. She
went to that place and found the accused waiting in the car. The accused took her to certain
places and then to the Marriage Registrar's office where they obtained a marriage certificate.
Thereafter, both remained as husband and wife.
As a Court of competent jurisdiction, determine the criminal liability of the accused as per the
provisions of the Indian Penal Code.
a. The accused must be prosecuted for kidnapping as Ms S was a minor

b. The accused is not to be prosecuted for kidnapping as there was no ‘taking away’ of the victim
against her wishes by the accused.
c. The accused must be liable for the offence of abduction as the same may take place against
a person of any age.
d. The accused must be liable for the offence of abduction as it is a continuing offence and
continues.
Question 65: In which of the following cases does the Act become punishable as the offence
of abduction under the Indian Penal Code?
a. If the intention is to cause hurt or to put him in danger of being subjected to hurt
b. If the abducted person is a child under the age of eight years and the intention is to dishonestly
take any movable property
c. Where no force or deceit is practised on the person so abducted
d. If the intention is to secretly or wrongfully confine a person
______________________________________________________________________
Passage 14
Section 378 of the Indian Penal Code defines the offence of theft, meaning the dishonest removal of
movable property out of the possession of any person without his consent. An act does not amount to
the offence of theft under the Code unless there is not only no legal right but no legal appearance or
colour of a legal right. By the expression ‘colour of legal right’ is meant not a false pretense but a fair
pretense, not a complete absence of claim but a bona fide claim, however weak. In India, under the
Hindu law, a husband and a wife can be liable for theft against each other. For instance, the husband
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is liable for the theft, if he takes away the stridhan property of his wife, which is her exclusive property
as per various judgments of the Court. Intention is the gist of the offence. The taking will not amount
to theft unless the intention with which it is taken is dishonest. In the judgment of Queen Express v Sri
ChurunChungo, I (1895) ILR 22 Cal 1017, if a creditor takes a moveable property out of a debtor’s
possession without his consent, with the intention of coercing him to pay his debt, this constitutes the
offence of theft under the Penal Code. Where a partner in a business did not know that he was
endorsing a cheque and believed that he was merely signing a piece of paper which he gave to the
accused, even though the property for which the cheque was endorsed did not pass to the accused
by reason of endorsement, but remained with the complainant, the accused was held guilty of
dishonestly appropriating the property. It cannot be laid down as a general principle of law that a
partner can in no circumstances commit theft of the partnership property.
Question 66:Which of the following is recognized as a valid element under the offence of theft
of the Indian Penal Code?
a. The property that has been dishonestly taken by the accused must be capable of being stolen.
b. The accused must possess the dishonest intention to permanently deprive the person of such
a property.
c. All of the above
Question 67: Identify the correct option for the following two statements of Assertion (A) and
Reasoning (R).
Assertion (A): Where a person removes the property of any person with the intention of causing
wrongful loss to that person and wrongful gain to himself, then he has committed the offence of theft.
Reasoning (R): The dishonest removal of a moveable property out of the custody of a person is an
offence against possession and not against ownership.
Question 68: From the following, determine the nature of property upon which the offence of
theft may be committed under the Indian Penal Code.
(1) The subject of theft must be the corporeal property of every description.
(2) The theft of electricity is considered as theft of the moveable property covered under the Indian
Penal Code.
(3) Severing of anything which is permanently fixed to anything which is attached to earth is said to be
an offence of theft of moveable property.
a. (1) & (3) only

b. (2) & (3) only
c. (1) & (2) only
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d. All of the above
Question 69: Identify the correct option for the following two statements of Assertion (A) and
Reasoning (R).
Assertion (A):Taking out a property from the custody of a person does not amount to theft of such
property under the Indian Penal Code.
Reasoning (R):Taking out a property with an intention of causing losses to another with or without
causing gains to oneself amounts to the offence of theft.
Question 70: Babu is a forest dweller his home comes within the newly recognized Sanctuary,
for any timber or herb collection proper license is required. Babu took the timber without the
license. What is the liability of Babu?
a. He committed theft
b. He committed criminal breach of trust against government
c. He committed offence of receiving stolen property
d. He committed no offence
______________________________________________________________________
Passage 15
Abetment is a procedure in which there is a mental progression of instigating an individual or

intentionally aiding a person in doing a particular act. The purpose of the legislature and the proportion
of the cases decided by the Supreme Court is obvious that in order to charge a person under section
306 Indian Penal Code, 1860 there has to be a lucid mens rea to commit the offence. It also requires
a dynamic act or direct act, which led the deceased to commit suicide seeing no alternative and that
act must have been intended to put the deceased into such a point that he had to commit suicide. In
the case of suicide, an offence of abetment punishable under Section 306 is inherent. Therefore, even
in the case of suicide, there is an obligation on the person, who knows or has reason to believe that
such a suicidal death has occurred, to give information. In Kali- das Achamma v. The State of A.P.,
S.H.O. Karimnagar. I Town P.S., [1987] 2 ALT 937 it was observed as under: "In the case of every
suicide, abetment is inherent. Whether ultimately it is proved or not, it is a different aspect. Abetment
of suicide is an offence punishable under Section 306 I.P.C. and therefore whenever a case of suicide
is there, the body cannot be disposed of without informing the Police and further as provided under
Section 174 Cr.P.C. The Police have to hold an inquest Since it is an unnatural death.' In the instant
case A 1, who reached his house on 18.3.82 knowing fully well that the deceased had already died,
informed P.W. 8 that the deceased was in a serious condition. Likewise, he informed P.W. 12 on the
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telephone without disclosing that the deceased was already dead. However, when P.W. 6, the brother
of the deceased, came to the house where the dead body was lying, A 1 told him that the body would
be cremated. To the same effect is the evidence of P.W. 13. P.W. 6, the brother of the deceased, on
his own went and gave a report to the police. It can thus be seen that A 1 intentionally omitted to give
the information in respect of the death of the deceased which he was legally bound to give.
Question 71: Y, a newly married woman, did not eat anything for three or four days before
committing suicide her husband X and in-laws did not persuade her to eat. What is the liability
of the husband and his family under Section 306 of IPC?
a. X is liable for an attempt to suicide

b. X has no liability
c. X is liable for abetment to suicide
d. X is liable for criminal conspiracy
Question 72: X repeatedly says unacceptable things to Y which deteriorates the mental health
of Y. Due to these, Y tries to commit suicide but decides not to do so at the last moment.
Determine the correct answer.
a. X is liable for abetment for suicide

b. X is liable for attempt cause grievous hurt
c. There is no liability on X
Question 73: X is married to Y. From the day after marriage, X’s family taunts Y for not providing
a dowry. One fine day, X comes home drunk and says unacceptable things to Y so much so
that it leads her to commit suicide. Determine the liability.
a. X is liable for abetment to suicide, and so is his family.

b. X is liable for abetment to suicide, and his family for nothing.
c. X's family is liable for defamation.
d. X's family is liable for abetment, not X since he was intoxicated.
Question 74: X is a police officer who is entrusted by the court to arrest Y. B informs X that C
is Y, despite knowing that he isn’t. C files a case for wrongful arrest. Determine the liability of
B.
a. B is not guilty since there was no wrongful intent

b. B is liable for mentally harassing X
c. B is liable for abetment for the wrongful arrest
d. Both b and c are true
Question 75: X is an offender on the run. He rents a room in a motel, the manager of which is
unaware of the offender that X is. In the motel, he is provided with food and all the essential
services. X is, however, caught when the police are informed by a janitor of the motel, who was
aware of X and his offence due to a Whatsapp forward. Determine the liability of the manager.
a. The manager is liable for abetment by conspiracy.
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b. The manager is not liable since he was not aware of X's offence.
c. The manager is liable since ignorance of the law is not a defence.
d. Both a and b are true.
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Passage 16
The determination of guilt in a criminal case is followed by a decision on the kind of treatment that
should be meted out to the offender. The purposes which broadly govern the decision concerning such
treatment are Deterrence, Prevention, Retribution, Reformation and rehabilitation, Restoration, and
reparation. The deterrent theory of punishment aims at reducing the recurrence of crime by punishing
the offender, which discourages not only the offender from committing the crime again but unpleasant
consequences also deter people generally who might have thought of committing a crime in the future.
Prevention seeks to prevent the offender from committing a crime again by rendering the offender
incapable of committing the crime. An important consideration in a sentence based on prevention as
the purpose of punishment is the likelihood of the commission of a crime by the same offender again.
The retributive theory of punishment is based on the idea that the offender should suffer for the wrong
committed by him.
Reformation and Rehabilitation- This approach views individual pathology or maladjustment as the
cause of criminal behavior and thus focuses on the needs of the particular offender as determinative
of the kind of treatment that should be given to him. It seeks to bring about attitudinal or behavioural
change in the offender through moral training, education, and psychological help, enabling him to find
occupations by developing his skills.
Restoration and Reparation- Restorative justice aims at repairing the harm to the victim and the
community by making the offender recognize his wrong, “healing” the conflict between victim and
offender, repairing the breach in the community’s sense of trust wherein the community is reassured
against further offending and diminishing the fear of crime created by a commission of offence.
Question 76: A pharma company manufactured and sold a drug of sub-standard quality word
Rs. 40 lakh in toto. A suit was filed and the Court fined them with 50 crore rupees. This is an
example of-
a. Deterrent punishment
b. Restorative punishment
c. Vengeance
d. Rehabilitative justice
Question 77: Saksham is disqualified from driving for jumping red light and violating other
traffic rules. The disqualification is-
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a. Permanent prevention
b. Temporary prevention
c. Deterrence measure
d. Restorative measure
Question 78: Which of the following is not the basis for the retributive theory of punishment?
a. The notion of vengeance

b. The feeling of revenge that is aroused in the mind of the victim
c. Accused deserves punishment as punishment is an expression of censure, condemnation, or
denunciation of the conduct.
d. Correcting the behavior of the offender so that he can be a valued member of society
Question 79: Ketki believes that no person is a born offender, while conducting her research
on various offenders she found that socio-economic factors play a huge role in the delinquent
behavior of criminals.
a. Ketki is an advocate of Retributive justice

b. Ketki is an advocate of Reformative justice
c. Ketki is an advocate of Preventive justice
d. Ketki is an advocate of the Deterrence theory
Question 80: Which of the following is a difference between the restorative and retributive
theory of justice?
a. Restorative assume offenders to be rational, free-willed individuals but retributive do not

b. The retributive theory derives its authority from the offence and the penalties imposed depend
on the seriousness of the crime whereas restorative don’t
c. They are species or distributive justice aiming to restore the distribution of rights that existed
prior to the offence
d. Restorative justice is a form of victimology whereas retributive theory is a form of penology
______________________________________________________________________
Passage 17
It is a well-established principle of criminal law that a person is solely accountable for crimes committed
by himself and not for conduct committed by others. In other words, the main concept of criminal
culpability is that the individual who commits an offence bears the primary responsibility, and only that
person may be declared guilty and punished in line with the law. Opposing this general rule, Section
34 of the Indian Penal Code, 1860 (IPC) states that when criminal conduct is committed by numerous
people in pursuit of a ‘common intention’, each of them is accountable for the crime in the same way
as if it were committed by him alone. This clause, which establishes a principle of shared accountability
in the commission of a criminal act, is an exception to a fundamental canon of criminal law. The core
of joint culpability is found in the existence of a shared goal energizing the accused, which leads to
the commission of a criminal act in pursuit of that intention.
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IPC provides for various forms of group liabilities e.g. group liability under section 34 in the form of a
rule of evidence making each member of the group liable for the final act if he has in any manner
participated in action in furtherance of the common intention of all the members of the group
irrespective of his individual contribution which may have been very small. Further, group liability under
section 149 is envisaged making the members of the unlawful assembly vicariously liable for the
criminal act which is in furtherance of the common object or what members of the unlawful assembly
ought to have known is likely to be committed in given circumstances besides making each of them
liable for punishment for being a member of an unlawful assembly.
Question 81: Ram, Shyam, Mahesh, and Rupesh decide to beat Amar along the river bank.
When they reach the spot to beat Amar, they encountered Amar’s enemy. After learning their
plan, Amar’s enemy joins forces with the other four.
a. Only Ram, Shyam, Mahesh, and Rupesh will be held liable for offence of hurt caused to Amar
b. Amar’s enemy shares increased liability because he is also a sworn enemy of Amar
c. Amar’s enemy along with the other four offenders is liable for beating Amar
d. Amar’s enemy doesn’t share any premediation with the other four so his liability is to be
separately dealt with
Question 82: Several men assaulted a person with rods. The person ran, but another person
caught him, and hand him over to the men beating him. What is the liability of the person who
caught hold of the person running?
a. The given facts are adequate to establish that the accused parties shared a common purpose
b. The parties do not demonstrate the shared intent
c. The person who caught the victim is not liable for any offence as he did not beat the person
d. The person who caught the victim will be held liable only if the prosecution proves that such a
person shares intent with other offenders
Question 83: Which of the following is the correct categorization of offence under Section 34?
a. It is cognizable and non-bailable

b. It is cognizable, non-cognizable, bailable, or non-bailable
c. It is cognizable, non-cognizable, bailable, or non-bailable
d. It is determined by the nature of the act committed and the nature specified in the Sections
under which the accused is charged
Question 84: X and Y are colleagues. Even though X is Y’s senior but Y gets promoted. X plans
to exact revenge on Y. the oldest son in his family. Z, who is younger than Y, was upset because
his older brother Y was promoted and their parents used to lecture about his incompetency. X
decides to murder Y on his way back home. Z also intends to murder Y on his way home. X
and Z both catch and kill Y at the same spot. Who is liable for the death of Y?
a. X alone is liable
b. Y alone is liable
c. Both are liable but they do not share the responsibility for each other’s act
d. Both are liable and they also share the responsibility for each other’s act
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Question 85: Harry and Peter demanded money from a banker as he was counting the cash.
One of them shot a pistol at the banker, he died on the spot. All of the suspects fled without
taking any cash. In this instance, Harry claimed that he did not shoot he was only standing by.
Whether Harry will be held liable along with Peter.
a. Yes
b. No
c. Maybe it depends upon Harry confessing the crime
d. Harry cannot be held liable for the murder of the banker but only for Criminal conspiracy
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Passage 18
When a person is deprived of his personal liberty, whether by being confined within the four walls or
by being prevented from leaving the place where he is, it is false imprisonment. False imprisonment
consists in the imposition of a total restraint for some period, however short, upon the liberty of another,
without sufficient lawful justification.1 False Imprisonment can also be defined as: “The unlawful arrest
or detention of a person without warrant, or by an illegal warrant, or a warrant illegally executed, and
either in a prison or a place used temporarily for that purpose, or by force and constraint without
confinement.”2 False imprisonment consists in the unlawful detention of the person of another, for any
length of time, whereby he is deprived of his personal liberty. 3 An authority or an individual or their
agents without any lawful justification confines another individual in such a place that he can’t escape,
causing an imposition of restraint on his liberty. Such wrong will be termed as False Imprisonment.
False Imprisonment is an intentional tort and is a part of Trespass to the Person. False arrest is
considered as a part of False Imprisonment. False arrest is the arrest which is not justifiable under
law. For Example: If a teacher locks the students in the classroom after the lecture hours or if a person
is detained by a police officer without any justification. Such acts would amount to False Imprisonment.
For constituting wrong as false imprisonment there must be total restraint on the individual’s liberty
and the restraint must be without any lawful justification. The period of confinement doesn’t matter.
The consent of the plaintiff must be absent to constitute this wrong. It does not matter whether the
plaintiff was aware of the restraint on his liberty or not. The important essential is that the act carried
out by the defendant must be intentional and wilfully carried out. The wrongdoer or the defendant will
be liable for his acts if he is not able to provide any justifiable reason for carrying out such an act. The
burden of proof lies on the defendant.
The defendant has some defences available with him. If he can prove that the plaintiff consented to
the act then the defendant will not be liable or he proves that such an act was carried out lawfully. The
defendant must establish a probable cause. The probable cause depends on the facts of the case.
The plaintiff can recover the loss from the defendant through damages. At the time of the act, the
plaintiff has a right to self-defence. A writ of Habeas Corpus can be filed. Habeas Corpus means
“producing the body”. This writ is filed under Article 32 by the Supreme court and, under Article 226
by the High court. False imprisonment consists in the imposition of a total restraint for some period,
however short, upon the liberty of another, without sufficient lawful justification. This was held in Bird
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V. Jones. False Imprisonment is considered wrong under both civil and criminal law. Under Criminal
Law, it is dealt with as “Wrongful Confinement”. Section 340 of the Indian Penal Code, 1860 deals with
Wrongful confinement. According to Section 340 of the Indian Penal Code: “Whoever wrongfully
restrains any person in such a manner as to prevent that person from proceedings beyond certain
circumscribing limits, is said “wrongfully to confine” that person.”
Question 86: Which of the following does not come under false imprisonment?
a. A accidentally locks B’s door which prevents him from going outside
b. A police officer arrests a person without warrant
c. A lock B’s room until he completed his work
d. A kidnaps B and keeps him in a dark room
Question 87: Aman has been falsely imprisoned by Police Authorities, then:
a. A can file a writ of Habeus Corpus

b. A can file a writ of Mandamus
c. A can file a writ of Certiorari
d. A cannot get any relief
Question 88: A agrees to pay B Rs. 500 for crossing a river, however after entering the dock he
refused to pay the money, and B did not let him leave until he paid the fare, then:
a. B has falsely imprisoned A

b. B has not falsely imprisoned A
c. B has wrongfully confined A
d. A has cheated B
Question 89: An undertrial prisoner was not released from jail for a period of more than 2 years
even after his acquittal from the court, then:
a. The State Government would be liable to pay compensation to the prisoner

b. The Police Authority would be liable to pay compensation to the prisoner
c. The High Court would be liable to pay compensation to that prisoner]
d. No compensation can be awarded to the prisoner
Question 90: A who was working with a company ABC was persuaded by his seniors to stay
in a room and he can leave whenever he wants, A did not try to leave but he was unaware that
if he tried to leave then he would have been prevented from leaving the room, then
a. The Company has falsely imprisoned A

b. The company has cheated A under section 420 of the Indian Penal Code
c. The Company has assaulted A
d. A has not been falsely imprisoned
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Passage 19
The substantive law governing criminal activities in India is the Indian Penal code (IPC), 1860. The
provisions related to Criminal intimidation, Insult and Annoyance (herein referred as CIIA) has been
dealt with in chapter XXII of the Code consisting of section 503-510. The chapter broadly describes
five types of offences. The offence of Criminal Intimidation is defined in section 503 of IPC. The
Provisions states that any person who threatens another person on bellow mentioned grounds is liable
for criminal intimidation (a)Threatens injury to his person (b) Threatens injury to his reputation (c)
Threatens injury to his property (d)Threatens injury to the person or reputation of anyone in whom the
person has vested interest to make such person do any illegal act or omit any act he is legally
authorized to do in order to escape such fear of threat. To make one penalize for criminal intimidation,
the following two essentials must be fulfilled, (a)There must be a fear of threat to a person's body,
reputation and possession or to whom he is most concerned. (b) The nature of fear of threat should
be caused with the intention to abstain or to perform certain activities to avoid such threats.
Section 506 contains the punishment for criminal intimidation. Section 507 of the Indian Penal Code,
1860 is an aggravated form of intimidation. This section covers instances wherein the intimidator
commits the offence anonymously. This section states that whoever indulges into the act of criminal
intimidation by anonymous communication or takes precautions to conceal his identity or abode shall
be punished with imprisonment, which may extend up to two years. This punishment is in addition to
the punishment provided for the offence under Section 506 of the IPC, 1860.
Question 91: A, threatens B to kill a homeless man if he does not give him his wallet, then
a. A would be guilty of criminal intimidation

b. A would be guilty of criminal intimidation only if he shoots the homeless man
c. A would be guilty of criminal intimidation only if B delivers the wallet
d. A would be guilty, not be guilty of criminal intimidation
Question 92: Which of the following essential do you consider necessary to constitute the
offence of Criminal Intimidation?
a. That some valuable property should be delivered under inducement

b. That actual injury should be inflicted by the offender
c. That the person induced should be threatened
d. That the induced person should do an illegal act
Question 93: Which of the following acts would not constitute the offence of Criminal
Intimidation?
a. A threatens B to give him Rs.1 lakh or else he will burn his house
b. A threatens B to give him Rs. 1 lakh or else he will commit suicide
c. A threatens B to give him Rs. 1 lakh or else he will kill him
d. A threatens B to give him Rs. 1 lakh or else he will kidnap his daughter
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Question 94: From the above passage, find the wrong option for the offence of criminal
intimidation.
a. Threat by a person
b. Threat to Wildlife
c. Threat to body and reputation of person]
d. Reason behind threat to abstain victim from doing something
Question 95: A threatens B that he will kill him if he does not give him Rs. 1 Lakh. However, B
refuses to pay the money and A leaves without injuring B, then
a. A has committed the offence of criminal intimidation

b. A has attempted to commit the offence of criminal intimidation
c. A has not committed the offence of criminal intimidation
d. A has committed the offence of attempt to murder
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Passage 20
In common parlance, the word ‘abet‘ signifiessignifyie help, co-activity and support and incorporates
within its ambit, an illegitimate reason to commit the crime. So as to bring an individual abetting the
doing of a thing under any of the conditions specified under Section 107 of the Indian Penal Code, it
isn’t just important to demonstrate that the individual who has abetted has participated in the means
of the transactions yet additionally has been associated with those means of the transaction which are
criminal.
Abetment is constituted by: -
1. Instigating a person to commit an offence; or
2. Engaging in a conspiracy to commit it; or
3. Intentionally aiding a person to commit it.
The offence of abetment by instigation relies on the intention of the individual who abets and not upon
the act which is finished by the individual who has abetted. The abetment might be by instigation,
connivance or purposeful aid as given under Section 107 of the Indian Penal Code. However, the
words articulated in an angry state or omission without any intention cannot be termed as instigation.
For an individual to be called liable for Abetment, and so as to proceed against an individual for a
criminal offense under Section 107, the prosecution must claim the component of mens rea.
Negligence or carelessness can’t be named to be abetment in order to punish the liable, according to
the arrangement of penal laws.
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So as to establish abetment, the abettor must have appeared to “deliberately” support the commission
of the wrongdoing. In such a case we need to just prove that the wrongdoing charged couldn’t have
been done without the association as well as the intervention of the supposed abettor isn’t sufficient
with the prerequisites of Section 107.
When we talk about a sting operation which is typically carried out in public interest, it must be noted
that the same is done by instigating the accused.
Thus the person in question, who is generally honest, is tricked into carrying out a wrongdoing on the
confirmation of secrecy and confidentiality of the transaction bringing up the potential issues with
respect to how such a victim can be considered in-charge of wrongdoing, which he would not have
done had he not been given the assurance. In such conditions, should the individual, i.e., the sting
administrator be held criminally liable for commission of the offenceoffense? This is a bewildering
question when there is a claim that the sting administrator is asserted to have committed the abetment
of the offenceoffense.
Question 96: An officer is authorized by a court order to arrest Zubin. Bakul, knowing this fact
and also that Chetan is not Zubin, deliberately presents the officer with Chetan being Zubin,
thereby intentionally causing the officer to arrest Chetan. Discuss the liability of Bakul.
a. Bakul abets by instigation the apprehension of Chetan.

b. Bakul does not abet by instigation the apprehension of Chetan.
c. Bakul has just informed the officer, so he is not liable for anything.
d. Bakul has no liability toward the officer in anyway.
Question 97: X and Y were fighting in the market. A came and gave a knife to X. X, in grave and
sudden provocation, stabs Y. What will be liability of A?
a. A has not committed any offence because he has just given a knife.
b. A has committed an offence that has been provided under Section 107 of the IPC.
c. A has committed an offence of murder.
d. A has committed an offence of attempt to criminal conspiracy.
Question 98: Who is Abettor?
a. Who commits the offence.

b. Who instigates the commission of offence.
c. Against whom the offence has been committed.
d. Who is innocent.
Question 99: A saw a criminal shot B, in front of him. A did not do anything and flewield away.
Discuss the liability of A.
a. A has abetted criminal by saying nothing.

b. A has not abetted criminal.
c. A has abetted criminal by fielding away from that place.
d. A has abetted criminal because A saw that criminal first while shooting B.
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Question 100: Father convinced his son to steal the wallet of his neighbour. Son did
accordingly. What is the liability of the father and his son?
a. Father and Son, both are liable for theft.

b. Father and Son, both are liable for abetment.
c. Father is liable for theft and Son is liable for abetment.
d. Father is liable for abetment and Son is liable for theft.
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ANSWER KEY
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1 2 3 4 5 6 7 8 9 10
c b a b a a c c a b
11 12 13 14 15 16 17 18 19 20
c c c a d d d b b a
21 22 23 24 25 26 27 28 29 30
b c d c b a b b a a
31 32 33 34 35 36 37 38 39 40
d c a c a c c c c b
41 42 43 44 45 46 47 48 49 50
c c c b b a c b b a
51 52 53 54 55 56 57 58 59 60
d a a a d c d d b c
61 62 63 64 65 66 67 68 69 70
c a a b d d b a c a
71 72 73 74 75 76 77 78 79 80
b d a c b a b d b a
81 82 83 84 85 86 87 88 89 90
c d d c a a a b a a
91 92 93 94 95 96 97 98 99 100
d c b b a a b b b d
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SOLUTIONS
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1-c
As per Criminal law, the intention to commit an offence is not treated as actual committal of the event.
Therefore, a person having a guilty intention to commit a crime cannot be prosecuted for the
offence.Hence (c) is the correct answer.
2-b
In this scenario, Mohan would be prosecuted for attempting to commit theft as he had a guilty intention
to steal from Raj, and even attempted to do so. Therefore, Mohan would be prosecuted for attempted
theft even if Raj’s pockets were empty. Hence (b) is the correct answer.
3-a
One of the essentials of crime is injury, and the offence is complete when the other person is injured
by the acts of the guilty person. However, for the offence of an attempt to murder, the act of firing with
the intention to kill is sufficient to give rise to the liability. Hence (a) is the correct answer.
4- b
X will be held liable for the attempt to murder. Here even though the pills were only sugar pills and not
poison but X did the act with guilty intention therefore he has done everything in his capacity to murder
Y. The supervening circumstances were such that the actus reus is that of attempt only.Therefore, the
correct option is (b).
5 -a
Here Fatima is held liable for the death of an infant child because she had the knowledge that death
might happen but she ran the risk of it. The husband could not be held liable because he never chased
Fatima so Fatima could have hidden somewhere else too. Here even though Fatima intended to save
the child but she knows that act of jumping into the well can be fatal. Hence the correct option is (a).
6-a
A victim's consent is neither necessary nor sufficient for a prosecution to be brought under criminal
law. In tort law, by contrast, the victim decides whether to bring a tort claim and is free to choose not
to do so. This structural difference is sometimes given a more substantive gloss: criminal law prohibits
"public" wrongs and tort law "private" wrongs. Criminal law often imposes much more severe sanctions
than tort law, of course: loss of liberty or even of life. So the procedural protections in criminal law
obviously are much more extensive and (in theory at least) a much greater barrier to liability.
Punishment should be proportional to the culpability of the actor and the seriousness of the harm or
wrong he has committed or threatened. But tort law does not purport to provide remedies proportional
to the injurer's wrong. Therefore, the correct option is (a) A victim’s consent is necessary for the
prosecution under criminal law while the same is not mandatory under tort law.
7-c
Criminal law requires a greater minimal level of fault before liability will be imposed than does tort law.
This is a very crude generalisation, with many exceptions. Criminal law does contain some doctrines
of strict liability, especially with respect to the grade of the offence (e.g., the reasonable mistake is no
defence if it only goes to the number of illegal drugs that the actor possesses or to the value of the
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goods that he has stolen) and also with respect to mistake or ignorance of law, where even reasonable
mistake or reasonable ignorance is normally no defence. Tort law recognizes such strict liability
doctrines as liability for abnormally dangerous activities, for manufacturing defects in products, and for
wild animals. Therefore, the second statement is incorrect. Hence c) is the right answer.
8-c
Criminal law contains a much broader spectrum of fault or culpability than does tort law. The spectrum
is wider along two dimensions: the state of mind, or mens rea, element and the conduct, or social
harm, element. Therefore, the correct option is (c) Both (a) and (b).
9-a
Tort law also pervasively imposes strict liability in the form of vicarious liability, especially the liability
of employers for the tortious acts of their employees. More fundamentally, criminal law targets conduct
that is impermissible. Or, as economists might say, the optimal incidence of criminal conduct is zero.
But tort law sometimes creates liability for perfectly permissible conduct, conduct that we would not
want to preclude. As Robert Cooter put it, criminal law exclusively imposes sanctions, while tort law
sometimes prices an activity.Furthermore, criminal law pays much less attention to the victim's conduct
than does tort law. Therefore, the correct option is (a).
10 - b
Criminal law is statutory. The doctrine of common-law crimes is largely defunct. By contrast, tort law
remains mainly a set of common-law, judge-made doctrines (although the statutory overlay is
increasing). Criminal law, not the tort law includes many so-called victimless crimes, that is, crimes in
which both of the immediate parties to the transaction consent, such as prostitution, gambling, and
drug distribution. Criminal law tends to produce more detailed specifications of wrongful behaviour
than tort law, which, in important domains (especially negligence), creates liability standards that are
maddeningly vague. Therefore, the correct option is (b).
11 - c
Y only got injured with the shot of X in the, which was fired with the intention to murder but Y only got
injured that’s why X will only be liable for the attempt to murder not murder. Hence c is the correct
answer.
12 - c
In the case of every crime to be committed there are 4 stages to be committed. Firstly, intention (
mental or psycho stage)to commit it, Secondly, preparation(arrange the necessary things to commit
any crime), Thirdly, attempt to commit it and lastly the accomplishment(he will be guilty of his offence).
Hence c is the correct answer.
13 - c
Under the Indian Penal Code definition of death has been given and defined perfectly which tells us
how death is caused by an act or with the intention of giving injuries to another person which show us
how a person commits a crime.Hence option c is the correct answer.
14 - a
Preceding Aruna Shanbaug's case, the Supreme Court had formulated an assessment on the
lawfulness of suicide in Gian Kaur v. State of Punjab, in which it had held that the right to life under
Article 21 does not include the option of right to die. All things considered, the court had referred to
the UK choice of Airedale N.H.S. Trust v. Bland. Hence, option (a) is correct.
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15 - d
Non-guilty intention can never be an element of the crime. For any criminal act, there needs to be a
malicious or bad intention to commit any crime first.Hence option (d) is the correct option.
16 - d
P is not liable for any offense because he has not committed any offense. He merely thought he would
add poison in anger but never did that therefore due to lack of actus reus P hasn't committed any
offense even though he had bad intentions.
17 - d
Here as per facts Z is liable for abetment and attempt to murder whereas ZS is liable for the attempt
to murder by omission as food and water were withheld and causing grievous hurt by beating. Z and
ZS are also liable for cruelty under Section 498A of the IPC.
18 - b
Driver is liable for negligent driving because he had a duty of careto care which wasis violated but he
did not have evil intentions to kill the girl. Therefore it cannot be said that the driver is liable for murder
or culpable homicide.
19 - b
Exception to mens rea is strict liability. Whether an act done is with an innocent intention or evil
intention does not make a difference in strict liability cases.
20 - a
A will be held liable because adulteration of the well falls within the strict liability and no mens rea is
required for the strict liability cases. Therefore, the intentions of A are immaterial and penal actions
will be taken against him.
21 - b
As per the criminal law enshrined under the Indian Penal Code, theft can be called as a robbery when
the conditions are satisfied, namely, when the offender voluntarily attempts to cause death or wrongful
restraint or fear of instant death or instant wrongful restraint or instant hurt, and these acts are done
while committing the theft, or while carrying away the property acquired by theft, or while attempting
to carry away property. Therefore, the correct option is (b).
22 - c
As per Section 391 of the Indian Penal Code, when 5 or more than 5 conjointly commit or attempt to
commit a robbery, or where the whole number of persons conjointly committing or attempting to
commit a robbery, and persons present and aiding such commission or attempt, amount to five or
more, every person so committing, attempting or aiding, is said to commit “dacoity”. Section 395 of the
Code penalises every member of the group in dacoity whether that person takes an active or passive
part. The punishment under this section is imprisonment up to 10 years with a fine. Therefore, the
correct option is (c).
23 - d
Under Section 396 of the Code, it is not necessary to prove whether the murder was committed by a
single person or it was committed by all of them. It is also not necessary to prove the common intention.
The prosecution is only required to prove that the murder was committed while committing the dacoity.
If the prosecution successfully proves that the murder was committed while committing dacoity, then
all of the members will be punished for it under the Indian Penal Code. If the offenders are running
and while chasing them if one of the dacoits kills someone then the other members of the gang cannot
be held guilty under Section 396 of the IPC. In one of the landmark cases, laws i.e.Laliya v state of
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Rajasthan it was observed that whether the murder is a part of dacoity or not, it totally depends on the
circumstances of that time. Therefore, the correct option is (d) it is not necessary to prove whether the
murder was committed by a single person or it was committed by all of them.
24 - c
A Supreme Court Bench of Justices D.Y. Chandrachud and M.R. Shah was interpreting Section 397
of the Indian Penal Code and observed that a person is not an offender of committing dacoity unless
he uses a deadly weapon to commit the same. Furthermore, to meet the requirements of the said
provision of the Code, the victim should have noticed the deadly weapon and thus been terrified of the
possibility that it would be used on him. Therefore, c) is the correct answer since X did not feel the risk
of death.
25 - b
The ingredients of Section 396 of the Indian Penal Code specifically state that the offence of dacoity
must be committed with the joint act of the accused persons, and the offence of murder must be
committed in the course of the commission of the dacoity. If any one person out of the group, commits
murder while carrying out the offence of dacoity then, each and every one of them shall be held liable
for murder, even if some of them did not actively participate in committing the murder. It is not
necessary to prove whether the murder was committed by a single person or it was committed by all
of them. Therefore, the correct option is (b).
26 - a
A is causing hurt to B. In light of provision 319 of IPC, it also includes the disease. The transfer of
disease from one person to another by touching is covered under the ambit of Hurt. In the present
situation, A deliberately infected B with the skin infection, hence A is liable under section 319. Hence,
option (a) is correct.
27 - b
Yes, A’s news is the main reason behind B’s heart attack, as section 319 talks about the Infirmity,
which denotes the lousy state of frame of mind, and a state of transient intellectual impairment or
hysteria or terror would constitute disease which directly impacts an organ cannot carry out its
everyday function, whether temporarily or completely.
28 - b
In the landmark case of R v. Clarence, if someone does some act voluntarily that may cause harm to
him in case, it would not be covered under the ambit of Hurt. Since the provision of section 319 would
not be applicable here. Hence, option (b) is correct.
29 - a
A is liable for the offence of Hurt, the amount of pain is so much that B was unable to attend school
for the next two days. Section 319 clearly explains whoever reasons bodily pain, disorder or disease
to any man or woman is said to have caused harm.Hence option (a), is correct
30 - a
There is A’s intently dug a hole for B but C falling in the same hole suffers bodily pain which is covered
under the scope of section 319 due to which A is liable for an Act of hurt. In other words, the victim
has suffered physical harm and pain due to the actions of another person. Hence option (a), is correct.
31 - d
Section 320 of I.P.C describes 6 forms of grievous hurt. X intentionally causing bodily pain to Y comes
under one of the forms of grievous hurt hence, voluntarily causing grievous hurt where Y was admitted
to the city hospital for 20 days.
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32 - c
All of them A, B, and C are liable to be punished for causing grievous hurt to P however, none of the
four options has all three of them. Therefore, based on the question, C is responsible for voluntarily
causing grievous hurt to P by giving a cut on his head with a sharp knife he carried knowing that it
would cause grievous hurt.
33 - a
Grievous Hurt is caused when the victim suffers permanent injury such as loss of sight, hearing, or
privation of any member or joint according to section 320 of I.P.C Therefore, both assertion and
reasoning is correct and reasoning gives a correct explanation for assertion. Hence, option (a) is
correct.
34 - c
According to section 320 of the I.P.C grievous hurt is said to be caused when a victim suffers bodily
pain and causes fracture of bone or tooth. In the above case, C while rescuing D from B, gave a blow
with his fist on B’s face which broke B’s nose and made him fall on the ground unconscious. Hence,
option (c) is correct.
35 - a
The six categories stated under section 320 of I.P.C grievous hurt includes hurt which endangers life
or which causes the sufferer to be during the space of 20 days in severe bodily. Therefore, based on
the above passage it can be inferred that when an individual does an act which he knows to likely to
cause grievous hurt such as hitting with stones which caused the victim to sustain injury and suffer
pain for 20 days, comes under the categories of grievous hurt under section 320. Hence, option (a) is
correct.
36 - c
Mere preparation does not amount to offence. This is a general rule. The reason for the general rule
is that it is nearly impossible to prove that the accused made the preparations to commit the crime.
Here, wife has intention to commit offence. She has prepared also for the same, but use weapon in
other ways.Hence, option (c) is correct.
37 - c
A person's criminal liability should only be decided if they have malicious intent. It is the direction of
behavior towards the objects chosen considering the motive that suggests the choice. Mere intention
does not constitute a crime as it is almost impossible to know a person's intentions. Here, A has merely
intended to rape B. Hence, option (c) is correct answer.
38 - c
Attempting to commit a criminal offense is punishable under the Indian Penal Code. It has been
provided under various provisions for specific offences. An attemptAttempt of offence is itself an
offence. Here, the firing of bullet by A on B reached to the stage of Attempt. Here, A will be liable for
attempt toof murder of B.Hence, option (c) is correct.
39 - c
Amit wants to kill Rohan. It shows his intention to kill Rohan. He has purchased poison, which shows
the stage of preparation. He has mixed in the food of Rohan, which shows the stage of Attempt. Since,
Rohan did not eat that food. Hence, this act did not reach to the stage of accomplishment.Hence,
Option (c) is correct.
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114
40 - b
It is clear from the fact of the question that A has attempted to commit the offence of theft. In the Indian
Penal Code, there is a specific section, which talks about attempt to commit the offence of theft and
that section is Section 356 of the Indian Penal Code. So, we do not have to see Section 511 of the
Indian Penal Code.Hence, option (b) is correct.
41 - c
A is already arrested for the offences of smuggling but the act of threatening, would hold him liable for
the act of criminal intimidation according to section 503 of IPC due to which now he would be liable
for both the offences of smuggling and criminal intimidation. Hence, option c is correct.
42 - c
According to section 503 of IPC that a threat to injure the reputation of any deceased person in whom
the person threatened is interested, will also be covered under criminal intimidation, so it will not be
an incorrect statement. Hence, option (c) is correct.
43 - c
As per section 503 of IPC, the act done by B is criminal intimidation and which is an offence so, a FIR
would be filed against B in connection with such crime so that legal action will be taken by Police
against B for the act done. Hence, option c is correct.
44 - b
The given factual situation related to the case of KeshavBaliram Naik vs. State of Maharashtra (1995)
in which the hon’ble court held that the act he t of accused comes under the preview of criminal
intimidation, and he would be held liable for offence of criminal intimidation. Hence, option (b) is
correct
45 - b
The Tripura High Court has in Shri Padma Mohan Jamatia vs. Smt. Jharna Das Baidya (2019) that
the mere use of abusive words/ filthy language and body posture during the speech of a political leader
is not included within the ambit of the provisions of criminal intimidation under the IPC. Hence, option
(b) is correct.
46 - a
The novel published by X is intended for adult audiences of New York, and not for young readers in
India. Furthermore, what is considered obscene in India is not necessary to be considered as obscene
in New York because of different societal standards. This eliminates b) and c). Option d) is incorrect
since content in text can be considered obscene as well. Hence a) is the correct answer.
47 - c
Section 292 of the Indian Penal Code states that “any material which is in question to be ‘taken as a
whole.” In this scenario, the article was written to express how heinous the crime was and to make
people feel the pain that the rape victim went through. Hence, c) is the correct answer.
48 - b
Content that is published is adjudged to be obscene or not as per the industry standards. In the case
of Ranjit D. Udeshi v. State of Maharashtra, the court held that “ the concept of obscenity would change
with the passage of time and what might have been obscene at one point of time would not be
considered as obscene at a later period”. This stated that obscenity is measured as per what the
community deems fit at a certain point of time. Hence, b) is the correct answer.
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115
49 - b
The diagrams in the textbook are used to create awareness amongst the people with regard to the
human body and changes during puberty. It is a well-stated principle that “When there is the
propagation of ideas, opinions and photographs collected in book form without the medical text it may
become different because then the interest of society may tilt the scales in favour of free speech and
expression. It is thus that books on medical science with intimate illustrations and photographs, though
in a sense immodest, are not considered to be obscene”. Hence the diagrams in the textbook are not
intended to create perverse ideas in young minds, it is also the responsibility of the teacher’s and
students to guide children in a proper manner. Hence, b) is the correct answer.
50 - a
The advertisements of condoms are not illegal, furthermore, it is necessary for the promotion of safe
sex which leads to the prevention of sexually transmitted diseases, prevention of unwanted pregnancy,
or overpopulation. This is all done in the public interest. Y is a sensitive individual, and it has nothing
to do with age as notions can change regardless of which age group a person belongs to. Hence, a)
is the correct answer.
51 - d
Criminal misappropriation happens when the belonging has been honestly dropped by, yet where, by
an ensuing difference in intention, or the information on new facts with which the party was not recently
familiar, the holding becomes unjust and false. Converting property of another person in our own use
is the reason why option (d) is correct.
52 - a
Whoever insincerely mis-allots or converts to his own utilisation any movable property will be
responsible for dishonest misappropriation of property. In this case, the phone was handed for a call
to parents, anything else than that is an offence. Hence option (a) is correct.
53 - a
Whoever insincerely mis-allots or converts to his own utilisation any movable property will be
responsible for dishonest misappropriation of property. In this case, the phone was handed for a call
to parents, anything else than that is an offence. Hence option (a) is correct.
54 - a
In order to prove the offence of criminal misappropriation of property, it is important that the person
who uses someone else's property use it for her own purpose without consent of the owner. Therefore,
Rhea is liable for the offence mentioned in option (a). this makes a) the correct answer.
55 - d
Criminal misappropriation happens when the belonging has been honestly dropped by, yet where, by
an ensuing difference in intention, or the information on new facts with which the party was not recently
familiar, the holding becomes unjust and false. Converting property of another person in our own use
is the reason why option (d) is correct.
56 - c
In the case of R K Dalmia vs. Delhi Administration, the Supreme Court clarified that the word 'property'
is used in the Code in a much wider sense and not limited to 'moveable property'. If not expressly
given like in offence of theft the interpretation means that the offence is applicable to both kinds of
property.
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116
57 - d
Section 405 of the Indian Penal Code states that the person who is alleged to have committed this
offence must possess a dishonest intention to convert or use or dispose of the property that has been
entrusted to him by the transferor. Furthermore, where the alleged accused dishonestly disposes of
the property and causes another person to suffer from such disposal, then such a person is said to
have committed the offence of criminal breach of trust. Causing wrongful loss to the victim is not a
pre-requisite for offence of criminal breach of trust.
58 - d
In the case of State of UP v. Babu Ram Upadhya (2000), the apex Court held that if there was an
entrustment of property and the person taking dominion over such property converted it to his own
use. Therefore, an offence under Section 409 IPC was held. In this case, the court decided on the
similar facts.
59 - b
In Rashmi Kumar v. Mahesh Kumar Bhada (1996), the Supreme Court held that the wife is the owner
of Stridhan and that if she has entrusted her property to her husband. The husband only has dominion
over it. If he or any member of his family breaches such entrustment and uses the same dishonestly
for their own use or misappropriates it, they shall be held liable for the offence of criminal breach of
trust under Section 405 IPC.
60 - c
Section 405 incorporated under the Indian Penal Code defines elaborately the offence of the criminal
breach of trust. It states that in order to constitute the offence of criminal breach of trust, it must be
established that the accused was entrusted with the property or with the dominion or power over the
property of another person.
61 - c
As stated by Sir Hari Singh Gour, at common law, the term kidnapping consists of stealing and carrying
away, or secreting any person, whether in the same country, or by sending him away from his own
country into some other, or to parts beyond the seas whereby he is deprived of the friendly assistance
of the laws to redeem from such captivity. The offence of kidnapping is an aggravated form of wrongful
confinement and not wrongful restraint.Hence c) is the right answer.
62 - a
In the case of Dutta Pradhan v State of Orissa, 1985 Cr LJ 1842, it was upheld by the Court that even
though such a custom exists where the accused belonging to the kandha tribe forcibly takes away a
young girl and later the marriage is recognized as per the consents of both the families, such an act
would legalize a crime of forcibly kidnapping a married woman from her lawful guardian against her
will.Hence a) is the right answer.
63 - a
In the case of Baldeo (1870) 2 NWPH, quashed the conviction of the accused was announced by the
lower courts and upheld since Ghasi from whom the girl was abducted was not her lawful guardian,
as he has not been lawfully entrusted with the care and custody of the minor, and thus the accused
was not liable for kidnapping. The same applies to the facts of the above-mentioned matter.Hence a)
is the right answer.
64 - b
In the case of S. Varadarajan v State of Madras, AIR 1965 SC 942, the High Court convicted the
accused of the offence of kidnapping as the kidnapped was a minor when she left her father's house.
However, the Supreme Court observed that there is a distinction between the taking and allowing a
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117
minor to accompany a person, and the two expressions are not synonymous. Something more has to
be shown in a case of this kind. It can be some kind of inducement held out by the accused person or
active participation by him in the formation of the intention of the minor to leave the house of the
guardian, and thus the accused is not held liable for the offence of kidnapping. The same applies to
the facts of the above-mentioned illustration. Hence b) is the right answer.
65 - d
As per the provisions laid down under the Indian Penal Code, abduction is not punishable in itself, but
when it is accompanied by a certain intention to commit another offence, then it becomes punishable.
For instance, if the intention is that the person abducted may be murdered or so disposed of as to be
put in danger of being murdered; if the intention is to cause secretly or wrongfully a person, section
365 of IPC applies; if the abducted person is a woman and the intention is that she may be compelled
or is likely to be compelled to marry any person against her will; if the intention is to cause grievous
hurt, or to dispose of the person abducted as to put him in danger of being subjected to grievous hurt;
if the abducted person is a child under the age of ten years and the intention is to take dishonestly any
movable property from its person.
66 - d
As per the provision of theft enshrined under Section 378 of the Indian Penal Code, where any person
with the dishonest intention removes any moveable property out of the possession of any person, then
the erring person is said to have committed the offence of theft. This provision of theft is different from
the offence of theft in the English Law. The English Law mandatorily requires that the property that
has been dishonestly removed by the accused must necessarily be capable of being stolen, and the
accused must have the dishonest intention to permanently remove the victim out of the possession of
such a property. These requirements are not recognized as valid conditions in Indian law.
67 - b
As per the provision of theft stipulated under Section 378 of the Indian Penal Code, when a person
dishonestly removes any person out of the possession of his property, without the consent of such
person, then the person is liable for the offence elaborated under this provision. It is implied that the
conduct of the erring person is to cause the wrongful loss to the victim and wrongful gains to himself,
through the act of keeping the victim out of possession of the moveable property. It is thus considered
as an offence against possession and not against ownership. Even though both the statements are
correct, the latter cannot be considered as the reason of the former statement as the former statement
defines the existence of dishonest intention, while the latter statement explains the scope of the
offence.
68 - a
In order to constitute the offence of theft under the Section 378 of the Indian Penal Code, one of the
important elements that must be fulfilled is the existence of moveable property for the purpose of taking
away or removing the said property from the possession of any person. The subject of theft must be
a corporeal property of every description, which is considered as the moveable property. Furthermore,
where severing or cutting off of anything which is of permanent nature that is fixed to the ground, or
which is attached to earth, then such severance would constitute the offence of theft. In Avtar Singh v
State of Punjab, AIR 1965 SC 666, the Supreme Court up held that the theft of electricity is not
considered as theft of moveable property within Section 379 of the Indian Penal Code.
69 - c
For the purpose of constituting the offence of theft under Section 378 of the Indian Penal Code, the
term ‘possession’ must be distinguished from the term ‘custody’. A person is said to be in possession
of a thing when he can deal with it as the owner, but merely keeps it for the sake of another, as in the
case of a servant holding the property for his master. However, the same may not be meant when the
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118
person is in custody of a moveable property. To constitute theft, the property must be in the possession
of someone and then removed from his possession. Furthermore, when a person only causes losses
to another but does not gain anything himself, then he is said to have committed the offence of
mischief, which is different from theft. Therefore, the first statement is correct, while the second
statement is incorrect.
70 - a
Babu by dishonestly extracting timber from the protected area without license committed the offence
of theft.
71 - b
The section was held to be not attractive as the accused husband dis not harass, torture or maltreat
his wife mere quarrelling and insisting to eat out of anger cannot be said to abet the suicide.
72 - d
It is a set rule that when suicide is committed then only the liability arises for abetment. In case of
attempted suicide, provisions of Section 306 are not applicable. Furthermore, there is no commission
of bodily injury so there is no liability of grievous hurt. Option c is incorrect as X is responsible for
mental harassment.
73 - a
Both X and his family are responsible for abetment to suicide. Option b) is incorrect since X’s family
continuously taunted Y causing abetment as well as mental harassment, along with the demand of
dowry. X is not liable for defamation as the things were said in private without any record. d) is incorrect
since X was voluntarily intoxicated.
74 - c
Options a is not the right answer since the wrong information was provided knowingly, regardless of
whether it was to commit harm or not. Option b is incorrect as there is no direct mental harassment by
B, which is to say that the harassment arose only after the wrongful arrest case was filed. Option c is
the right option since wrong information was provided deliberately. Option d is eliminated since b is
false and c is true.
75 - b
Providing shelter to the customers and basic necessities like food and room is the responsibility of the
motel manager. Furthermore, there is no way for the manager to know about the offence of X, as
WhatsApp forwards are not a reliable source of information. Ignorance of the law is no defence, but of
fact is, and in this scenario, the manager was not aware of the fact that X is an offender and he cannot
treat every customer as a potential criminal.
76 - a
The deterrence theory of punishment favours punishments that are likely to create fear in the minds
of actual and potential offenders and thus discourage them from committing offences in the future.
Hence, the correct answer is option (a).
77 - b
The Preventive theory of punishment seeks to bring about either permanent incapacitation for instance
by imposing the death penalty or by severing limbs or temporary incapacitation by disqualifying a
person from doing something for example disqualification from driving.
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119
78 - d
The theory of retribution is based on vengeance and revenge, the offender must also suffer what he
has done to the victim. Hence, (d) is the correct option.
79 - b
The reformative and rehabilitative theories of punishment focus on the criminal rather than the crime.
This approach views the criminal as a person in need of care and treatment so as to enable such a
person to better adjust to the society in which he exists.
80 - a
Similarities- These approaches assume offenders to be rational, free-willed individuals, they derive
their authority from the offence and the penalties imposed depend on the seriousness of the crime
they are a species of distributive justice aiming to restore the distribution of rights that existed before
the offence.
Difference- Restorative justice is a form of victimology whereas retributive theory is a form of penology
81 - c
Common intention means a predetermined plan acting in concert in accordance with the plan. It must
be proven that the criminal act was committed in coordination with a pre-planned scheme. It exists
prior to the commission of the act in time, but it does not have to be a large gap. Anyone who decides
to join them on the spot also had the same intention hence, this qualified everyone to come under the
ambit of Section 34 of IPC.
82 - d
Here, the person who caught the victim will be held liable only if the prosecution proves that such a
person shares intent with other offenders. The facts did not mention whether the parties has a pre-
determined plan or not.
83 - d
Section 34 of the IPC only provides for joint culpability. It does not result in any specific offence. Hence,
whether an offence is cognizable, non-cognizable, bailable, or non-bailable is decided by the nature
of the act committed and the nature specified in the Schedule of CRPC
84 - c
Both X and Z wanted to assassinate Y, but their methods were different, their intentions were not the
same and they have not pre-mediated, therefore Section 34 of IPC does not apply here. X and Z are
liable for whatever they did on their own but they are not liable for the act of each other.
85 - a
Harry is responsible for the conduct of Peter because they acted in furtherance of a common intention.
He is guilty of murder under Sections 302 and 34 of the IPC. The Court held that not all participants
need to participate equally. In the Barendra Kumar case, Court held that they also serve those who
stand and wait.
86 - a
One of the most important essentials of false imprisonment is intention of the person who has
wrongfully confined the other person and in the instant case A had accidently locked the door without
any intention of preventing B from going outside, therefore it would not be considered as false
imprisonment.
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120
87 - a
False imprisonment or wrongful confinement is a direct violation of the Right to Liberty granted under
the Indian Constitution. Therefore A can file a writ of Habeas Corpus under Article 32 or 226 of the
Indian Constitution for restoring his fundamental rights.
88 - b
In this scenario B has not falsely imprisoned A as he had voluntarily entered the dock and agreed to
pay for crossing the river, therefore he had agreed to pay for the ferry and now he cannot refuse to
pay after he has entered the dock and B has all rights to restrain him until he pays for the trip
89 - a
The Supreme Court in the case of Rudul Sah v. the State of Bihar, (1983) 4 SCC 141 has held that
the State Government cannot wrongfully confine a prisoner for an extended period after he has been
acquitted by the court. Therefore in this scenario, the State Government would be liable to pay
compensation to the prisoner for wrongfully confining him.
90 - a
The Court in the case of Meering v Graham-White Aviation Co Ltd (1920) 122 LT 44 held that it is not
necessary that the person who has been falsely imprisoned should be aware that he is being
prevented from leaving the confined area. Therefore, in this case, the company would be liable to pay
compensation for false imprisonment even if A was not aware of the same.
91 - d
According to Section 503 of the Indian Penal Code if any person threatens to injure any person or his
property or reputation or any other person in whom that person is interested shall be punished for
criminal intimidation. However, in this case, A has not threatened to injure a person to whom B might
have an interest, therefore, it would be outside the scope of criminal intimidation. However, he would
be liable to be punished for extortion and other offences under the Indian Penal Code, 1860.Hence
option d is correct.
92 - c
In order to constitute the offence of Criminal Intimidation it is not necessary that a valuable property
should be delivered under inducement or an actual injury should be inflicted by the offender. However
it is necessary that the actions or words of the offender should threaten or raise an alarm in the mind
of the other person.Hence (c) is the correct answer.
93 - b
A person threatening to commit suicide would not come under the scope of criminal intimidation since
the person being threatened would not have any offence in the life of the offender. However if the
person being threatened has an interest in the life of the offender, then a threat to commit suicide
would be considered as criminal intimidation. Hence (b) is the correct answer.
94 - b
To make one penalize for criminal intimidation, the following two essentials must be fulfilled, (a)There
must be a fear of threat to a person's body, reputation and possession or to whom he is most
concerned. (b) The nature of fear of threat should be caused with the intention to abstain or to perform
certain activities to avoid such threats.Hence option b is correct.
95 - a
In order to constitute the offence of criminal intimidation it is not necessary that the person being
threatened should act in accordance with the threat of the offender. The only necessary element is
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121
that the other person should be threatened or alarmed by the actions or words of the offender. Hence
(a) is the correct answer.
96 - a
A person is said to be abated for a thing, when he has instigated any person to do that thing. Here,
Bakul deliberately presents the officer with Chetan being Zubin. So, Bakul abets by instigation the
apprehension of Chetan.Hence, option (a) is correct.
97 - b
A person is said to be abated a thing when he intentionally aids, by his act or illegal omission. Section
107 of the Indian Penal Code discuss about ‘Abetment of thing’. In our case, A came and gave a knife
to X intentionally. Hence, he will be liable for abetment of offence.Hence, option (b) is correct.
98 - b
According to Section 107 of the Indian Penal Code, a person is said to be abated for a thing, when he
has instigated any person to do that thing, when he engagesengaging in conspiracy to commit it, and
when he intentionally aids to a person committing offence. Hence, Option (b) is correct.
99 - b
According to Section 107 of the Indian Penal Code, Abetment is constituted by: -

Here, the conduct of A does not satisfy any of the essentials of Section 107.Hence, option (b) is
correct.
100 - d
According to Section 107 of the Indian Penal Code, Abetment is constituted by: -

Here, the father has instigated to commit theft against neighbour, and son did offence of theft as said
or convinced by his father.Hence, option (d) is correct.
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122
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CLAT 2024

Practice Series for Criminal Law

Other Useful Resources 123

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Introduction to Criminal Law

First, let us understand basic terminologies

● Accused: A person who is charged with a crime.

Importance of Criminal Law:

The Process of Justice:

Criminal Law's Significance

Chapter: Criminal Law

Crime= mens rea + actus reus

Introduction to Mens Reus and Actus Reus:

Actus Reus (Guilty Act):

Conclusion on Mens Reus and Actus Reus:

Mens Rea and Actus Reus:

Legal Certainty and Clarity:

Chapter: Criminal Law

S.No Crime Tort

Chapter: Criminal Law

The Role of Mens Rea:

Planning and Deliberation:

Difference between intention, knowledge and motive in crime

Taking Concrete Steps:

The Role of Actus Reus:

Closely Monitored by the Law:

Chapter: Criminal Law

Mens Rea and Actus Reus in Attempt:

Chapter: Criminal Law

Mens Rea and Actus Reus in Accomplishment:

Closure of the Criminal Act:

Chapter: Criminal Law

Definition and Explanation:

Parameters for Understanding Deterrent Theory:

Chapter: Criminal Law

Definition and Explanation:

Application and Critique:

Chapter: Criminal Law

Application and Evaluation:

Chapter: Criminal Law

Definition and Essence:

Chapter: Criminal Law

Application and Significance:

Chapter: Criminal Law

Definition and Explanation:

Application and Examples:

Legal Parameters and Analysis:

Case Law and Precedents:

Application and Significance:

● Case: Law: Vilas v. State of Maharashtra (2007)

Chapter: Criminal Law

Definition and Significance:

Age Groups and Presumptions:

An insight into juvenile justice act

Here are some of the key provisions of the Act:

Example and Application:

Safeguarding Minors' Rights:

Chapter: Criminal Law

Definition and Significance:

Test of Criminal Responsibility:

Treatment in Legal Proceedings:

Ethical and Moral Considerations:

Chapter: Criminal Law

Definition and Significance: