Mahindra University Hyderabad

School of Law
End Term Examination
Program: B.A., LL.B. (Hons.) / B.B.A., LL.B. (Hons.)
Year: 2 Semester: 3

Subject: Law of Crimes-I Indian Penal Code (BA/BB-2102)

Date: 23rd December, 2022 Time: 1:00 p.m. to 4:00 p.m.

Time Duration: 3 Hours Max. Marks: 35M

Instructions:
(i) Read all the instructions carefully.
(ii) All questions of a section are to be answered together.
(iii) Please make sure the correct question numbers are mentioned alongside the answers.

SECTION A
Answer any four of the following questions in not more than 300 words. (4 X 2.5M = 10 Marks)

(1) Khalisi (a female) is married to Drogo (a male) who is a part of the merchant navy. During a sea
faring expedition, Drogo’s ship is capsized and gets lost in sea with no intimation about any of its
crew members. After a passage of five years Khalisi met Jon (a male) and after six months of dating
each other marries him without telling him about her past. Four months after their marriage Drogo is
found and brought back to India. Can Khalisi be charged with any offence under the Indian Penal
Code, 1860? Substantiate your answer with relevant statutory provisions.

(2) Explain and discuss the concept of “grave and sudden provocation” as an exception to the offence of
murder with the help of relevant case laws. Under which conditions an act of culpable homicide
committed as a response to “grave and sudden provocation” will still amount to murder?

(3) Rian is an Uber driver who picks up Lucy and Amber as his ride. Half way through the journey Rian
receives a message that his ride has been cancelled. Upon enquiry both Lucy and Amber pull a gun
on Rian and tell him to go where ever they tell him to or they would shoot him. After several hours of
driving around, they reach an abandoned outhouse in the middle of nowhere where they lock Rian in
the outhouse after they tie him up and get away with his car, phone, wallet and watch. Later they are

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 arrested when a missing report is filed for Rian by his family and employers. As per the provisions of
the Indian Penal Code, 1860, for which offences can Amber and Lucy be charged with and why?

(4) Sub-inspector Pyare Mohan has been charged with the duty to arrest the notorious local goon Bulla.
Upon making the arrest, Bulla tries to resist the same as a result of which Pyare Mohan forcefully
hand-cuffs him. Bulla attacks Pyare Mohan and bites the S.I. on his face disfiguring it. Bulla claims
that it was an act of private defence as Pyare Mohan was grievously hurting him while trying to cuff
him. For which offence can charges be filed against Bulla under the provisions of the Indian Penal
Code, 1860? Explain .

(5) Briefly discuss and explain the concept of Criminal Trespass, House Trespass and House Breaking as
per the provisions of sections 441, 442 and 445 of the Indian Penal Code, 1860 respectively.

(6) Mr. Rastogi, a retiree and his wife are the landlords to Jogi, his wife Suman and their three children.
Mr. Rastogi and his wife leave India on a two-month trip to visit their only child in a different
country but soon after the world is hit by a pandemic making all travel impossible. Jogi requests Mr.
Rastogi over a call to let him and his family continue living at the house at a lowered rent to which
Mr. and Mrs. Rastogi agree, entrusting Jogi with the care of their house and surrounding property in
their absence. When Mr. and Mrs. Rastogi return back to India after two and a half years, after the
pandemic protocols were lifted, they find out that Jogi has converted their house into an OYO hotel,
has sold all of their surrounding property and is himself living in a luxurious condo with his family.
Can any charges be filed against Jogi under the provisions of the Indian Penal Code, 1860? Explain.

SECTION B
Answer any two of the following questions in not more than 700-800 words. (2 X 6.5M = 13
Marks)

(7) The road to achieving decriminalization of homosexuality in India has been a long and difficult
journey. In light of this statement, chronologically discuss the events and case laws which played a
major role in bringing about the necessary changes to the statutory understanding of section 377 of
the Indian Penal Code, 1860 with respect to homosexuality and consensual sexual acts amongst
adults.

(8) What is the doctrine of “Rarest of Rare”? Discuss and elaborate upon the introduction and
development of the said doctrine in the context of Indian judicial system with help of relevant case
laws and statutory provisions.

(9) Discuss substantially the events and the relevant case laws which lead to the development of laws
pertaining to sexual harassment in India. Also, briefly elaborate upon the statutory provisions made a
part of the Indian Penal Code, 1860 as a result of this development.

SECTION C
Read the question carefully and answer accordingly (1 X 12M = 12
Marks)

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(10) You work for Fatima & Singh Law Associates who specialize in representing victims of crimes
committed against women as their public prosecutors. Your law firm has recently acquired the
following case and your partners have decided to test your mettle by making you assist them with the
same. Prepare the arguments for your name partners who themselves would be heading this case,
citing relevant case laws and statutes for the case on the grounds of following facts given to you.

Suzy worked as a human resource manager at a Big-Tech MNC and lived alone in an apartment in a
secured society. During one of the parties at a friend’s place she met Morgan, who had recently
graduated from one of the top tier universities of the country and was looking for a job. They felt
attracted to each other and after spending some time together went on a few dates to get to know each
other better. Suzy came to know that Morgan is a wizard when it comes to technology and is an
athlete as he was the captain of his university’s rugby and fencing teams. But soon she also notices a
disturbing behavioral pattern in him where it turns out that Morgan is prone to very violent bouts of
anger. She also found out that he has had a police complaint filed against him for mercilessly beating
another student for coming at odds with him, although the charges were dropped after the
intervention of the university in the matter. Suzy informed Morgan that she does not think that the
two of them are compatible to each other and that she is not interested in pursuing this relationship
any further,

Soon after, Suzy starts -noticing Morgan lurking around her house, office and other social hangout
areas. She tells her best friend from work Maria about the same who advises Suzy to confront
Morgan before approaching the police for their assistance. Suzy caught hold of Morgan in front of
her office one day and publicly confronts him. Morgan argued that he has come there for an interview
but Suzy reminds him that she is the H.R. manager for that company and there are no job interviews
scheduled for the day. Morgan is escorted out of there and Suzy stops seeing him around. A few
months later while at work, Suzy gets an alert that a gas leakage complaint was made for her
apartment. By the time she reaches home the neighbors informed her that someone from the gas
company came along and checked her place, turns out it was a false alarm. Eight months later, when
one day Suzy all of a sudden didn’t turn up for work without any intimation, Maria went to Suzy’s
house to check up on her. Since the door was open Maria enters the house and finds a brutally
disfigured dead body of Suzy lying on her bed.

Upon the initial sweep of the place the police found out that the electronic lock to the main door was
opened remotely and the safety latch was broken. Further, Suzy’s laptop and diary were set ablaze
and her phone along with the hard drive of her laptop were missing. Post mortem reports cleared that
Suzy was restrained using a sharp wire as indicated by the injuries to her wrists and ankles, has been
brutally sexually assaulted, received a blunt-force trauma to head, asphyxiated and was stabbed with
a sharp object more than thirty times. Although household bleach was used on her body to clean any
form of DNA evidence from her body, skin samples were found under her nails. On further
investigation the police found a missing knife from Suzy’s house in a dumpster a few blocks over
which was also cleaned with the bleach from Suzy’s house. Maria informs the police about Suzy’s
confrontation with Morgan and tells how all of a sudden Suzy had started keeping a copy of her diary
in her office locker.

The diary informed the police about how Morgan had been following Suzy around and when she
confronted him she saw the hatred for her in his eyes. Further, the diary mentioned how she started
getting a feeling as if someone has been keeping an eye on her all the time and how she does not feel
safe at home anymore due to which she got a security latch installed to the door. It also indicated that

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she has been finding some weird and disturbing message and pictures in her phone’s gallery and on
her laptop but does not know where they come from.

On these suspicions, the police acquired an arrest and search warrant against Morgan. Upon making
the arrest and searching his house it is found that Morgan has an elaborate computer system and had
hacked into Suzy’s phone, computer and house security system. Apart from keeping an eye on her
via the cameras of her phone and laptop, he had also installed multiple cameras in her house giving
him visual access to her bathroom, bedroom, living room and other parts of her apartment. He also
has numerous recordings of Suzy taking showers, sleeping, engaging in private sexual acts with other
men and casually lounging around in her house, Disturbingly they find a single video compiled from
the different cameras placed by him at Suzy’s house of him getting into her house, over powering her
by punching her to the head, trying to tie her up with guitar wires, proceeding to have sexual
intercourse with her despite her desperately trying to get him off of her and then stabbing her
multiples times with a knife from her kitchen. Other videos from that day show him cleaning Suzy’s
body and the knife with copious amounts of bleach from her bathroom and taking her phone and
laptop’s hard disk, which have been retrieved from his house, and setting fire to her diary and laptop.
Skin samples obtained from Suzy’s body are a match to Morgan as he has multiple scratch wounds
on his neck, face and forearms. The police also found a uniform of the local gas company worn by
their service providers.

The defendant’s lawyers have plead insanity under section 84 of the Indian Penal Code, 1860 as the
defence stating that their client is mentally unstable and is unable to understand the nature and
consequences of his actions. Thus, he should be found not guilty and should be provided with the
medical support that he needs.