|
|
CONTENT |
|
|
|
INTRODUCTION |
1 |
|
|
CHAPTER
1 |
|
|
|
OFFENCE |
3 |
|
¨
|
Offence |
3 |
|
|
CHAPTER 2 |
|
|
|
EXTRA-TERRITORIAL OFFENCES |
4 |
|
¨
|
Extension of
Code to extra-territorial offences |
4 |
|
|
CHAPTER 3 |
|
|
|
DESIGN
TO COMMIT OFFENCE PUNISHABLE WITH DEATH
OR IMPRISONMENT FOR LIFE |
5
|
|
¨
|
Concealing
design to commit offence punishable with death or imprisonment for life |
5 |
|
|
CHAPTER
4 |
|
|
|
PUBLIC
SERVANT CONCEALING DESIGN TO COMMIT OFFENCE WHICH IT IS HIS DUTY TO
PREVENT |
6 |
|
¨
|
Public
servant concealing design to commit offence which it is his duty to
prevent |
6 |
|
|
CHAPTER
5 |
|
|
|
GENERAL
DEFENCE |
7
|
|
(A)
|
Mistake |
7 |
|
Q.
|
Briefly
discuss the principle of general defence provided under I.P.C. |
7 |
|
¨
|
Act
done by a person bound, or by mistake of fact believing himself bound, by
law |
7 |
|
•
|
Essential
ingredients |
7 |
|
•
|
Distinction
between 'mistake of fact' and 'mistake of law' |
7 |
|
Q.
|
Discuss
the principle laid down in R. v. Prince |
8 |
|
Q.
|
Critically
evaluate the ratio of State of Maharashtra v. Mayer Hans George |
8 |
|
¨
|
Act
done by a person justified, or by mistake of fact believing himself
justified, by law |
8 |
|
•
|
Distinction
between sections 76 and 79 |
8 |
|
*
|
Case
Laws |
9 |
|
•
|
Chirangi
Lal case |
9 |
|
Q.
|
Discuss
the principle laid down in the Chirangi v. State |
9 |
|
(B)
|
General
defence: Unsoundness of mind and Intoxication |
10 |
|
(i)
|
Unsoundness
of mind |
10 |
|
¨
|
Act
of a person of unsound mind |
10 |
|
Q.
|
Discuss
critically the defence of Insanity as provided in section 84 |
10 |
|
Q.
|
Under
what circumstances the defence of insanity may be pleaded? |
10 |
|
(ii)
|
Intoxication |
11 |
|
¨
|
Act
of a person incapable of judgment by reason of intoxication caused against
his will |
11 |
|
Q.
|
Under
what circumstances the drunkenness can be pleaded as defence? |
11 |
|
¨
|
Offence
requiring a particular intent or knowledge committed by one who is
intoxicated |
11 |
|
Q.
|
Discuss
the drunkenness defence as laid out in Basdev v. State of Pepsu |
12 |
|
*
|
Case
Laws |
12 |
|
•
|
T.N.
Lakshmaiah case |
12 |
|
Q.
|
Discuss
the principle laid down in T.N. Lakshmaiah v. State of Karnataka |
12 |
|
•
|
Shrikant
A. Bhosle case |
13 |
|
Q.
|
Discuss
the principle of Shrikant Anandrao Bhosle v. State of Maharashtra |
13 |
|
(c)
|
Private
Defence |
14 |
|
Q.
|
Critically
evaluate the difference between general defence and private defence |
14 |
|
Q.
|
Discuss
the ratio of Dominic v. State of Kerala |
15 |
|
*
|
Right
to Private Defence in General |
15 |
|
¨
|
Things done in private defence |
15 |
|
Q.
|
Explain the principle provided in section 96 of the I.P.C. |
15 |
|
*
|
Defence of body and property |
16 |
|
¨
|
Right of private defence of the body and of property |
16 |
|
Q.
|
Critically evaluate the ratio laid out in Biran Singh v. State of Bihar |
16 |
|
*
|
Right of defence against a person of unsound mind |
17 |
|
¨
|
Right of private defence against the act of a person of unsound mind, etc. |
17 |
|
*
|
Extent of right of private defence |
17 |
|
¨
|
Acts against which there is no right of private defence |
17 |
|
|
Extent
to which the right may be exercised |
17 |
|
Q.
|
What are the general restrictions on the right of private defence under
sections 99 to 102? |
17 |
|
•
|
What is the extent? |
18 |
|
•
|
Good faith |
18 |
|
•
|
Time to have recourse to the protection of public authority |
18 |
|
•
|
Proportionate harm |
18 |
|
Q.
|
Discuss the principle of law laid down in Baljit Singh v. State of Uttar
Pradesh |
18 |
|
*
|
Right of private defence to cause death |
18 |
|
¨
|
When the right of private defence of the body extends to causing death |
18 |
|
•
|
Essential ingredients |
19 |
|
Q.
|
When and under what circumstance the death can be lawfully cause for
private defence? |
19 |
|
¨
|
When such
right extends to causing any harm other than death |
19 |
|
*
|
Duration of right to defend the body |
20 |
|
¨
|
Commencement
and continuance of the right of private defence of the body |
20 |
|
Q.
|
Discuss the principle of
Deo Narain v. State
of Uttar Pradesh |
20 |
|
*
|
Private defence of property |
20 |
|
¨
|
When the
right of private defence of property extends to causing death |
20 |
|
Q.
|
Under what circumstance causing death can be lawful
during the protection of property? |
20 |
|
|
" Right of defence of property short of death |
20 |
|
¨
|
When such
right extends to causing any harm other than death |
21 |
|
*
|
Duration of right to defend the property |
21 |
|
¨
|
Commencement
and continuance of the right of private defence of property |
21 |
|
Q.
|
Under what circumstance the right of private defence
commences? |
21 |
|
Q.
|
Discuss critically the ratio of
Amjad Khan v. State |
21 |
|
*
|
Risk of harm of innocent person |
21 |
|
¨
|
Right of
private defence against deadly assault when there is risk of harm to
innocent person |
22 |
|
*
|
Case Laws |
22 |
|
*
|
Sher Singh Case |
22 |
|
Q.
|
Discuss the principle of law laid out in the
State
of Haryana v. Sher Singh |
22 |
|
•
|
Moti
Singh Case |
22 |
|
•
|
Subramani
Case |
23 |
|
Q.
|
Discuss the Subramani case in the light of
State
of Bihar v. Nathu Pandey |
23 |
|
|
CHAPTER
6 |
|
|
|
JOINT
LIABILITY |
|
|
*
|
Joint
liability under section 34, I.P.C. |
24 |
|
Q.
|
Discuss
the essentials of group liability under section 34, I.P.C. |
24 |
|
¨
|
Acts
done by several persons in furtherance of common intention |
24 |
|
•
|
Object
of the section |
25 |
|
Q.
|
Discuss
the meaning and scope of the word 'common intention' as used in section 34
of the I.P.C. |
25 |
|
•
|
Guiding
principles of 'common intention'
|
25 |
|
Q.
|
Discuss
the guiding principles of common intention as laid down by the Penal Code in
Mahboob Shah v. Emperor |
25 |
|
•
|
'Common
intention' is a matter of interference |
26 |
|
•
|
In
furtherance of common intention |
26 |
|
Q.
|
What
is meant by further of common intention discuss in light of Mahboob Shah
v. Emperor? |
26 |
|
•
|
Prior
intention to commit murder |
26 |
|
•
|
Common
intention should be prior to the occurrence |
27 |
|
Q.
|
Discuss
what makes the common intention punishable under law |
27 |
|
Q.
|
Discuss
the Pandurang's case briefly |
27 |
|
•
|
Joint-liability
in context of free fight |
27 |
|
Q.
|
Discuss
the application of joint liability In context of free fight In the light
of Balbir Singh case |
27 |
|
•
|
Participation |
27 |
|
*
|
Joint-liability
under section 149, I.P.C. |
28 |
|
Q.
|
Discuss
the principle which depreciate the section 34 with section 149 |
26 |
|
¨
|
Every
member of unlawful assembly guilty of offence committed in prosecution of
common object |
28 |
|
•
|
Essential
ingredients |
28 |
|
Q.
|
Discuss
the essential ingredients of section 149 |
28 |
|
•
|
Unlawful
assembly: meaning of |
28 |
|
¨
|
Unlawful
assembly |
29 |
|
Q.
|
Discuss the principle of
Mizaji v. State
of Uttar Pradesh |
29 |
|
Q.
|
Will your answer be different if the court acquitted
X and Y on the ground that their presence in the group was not clearly
established? |
29 |
|
•
|
Common
object: Meaning of |
30 |
|
Q.
|
Discuss the meaning of expression "common
object" |
30 |
|
•
|
Section
34 and section 149 distinguished |
30 |
|
Q.
|
Discuss the features which distinguished section
34
with 149 I.P.C. |
31 |
|
*
|
Conspiracy |
31 |
|
¨
|
Definition
of criminal conspiracy |
31 |
|
Q,
|
Discuss the principle laid down in section
120A
of the I.P.C. |
31 |
|
Q.
|
Discuss the ratio of
Nalini's case |
31 |
|
•
|
Essential
ingredients |
32 |
|
Q.
|
Discuss the essentials of section
120A, I.P.C. |
32 |
|
•
|
Illegal
act: Meaning of |
32 |
|
*
|
Punishment for 'Criminal Conspiracy' |
32 |
|
Q.
|
Discuss the difference between
120
& 120B
of I.P.C. |
33 |
|
¨
|
Punishment
of criminal conspiracy |
33 |
|
*
|
Case Law |
33 |
|
•
|
Nandu
Rastogi case |
33 |
|
Q.
|
Discuss the principle laid down in the
Nandu
Rastogi's case |
33 |
|
•
|
Chandra
Bihari case |
34 |
|
Q.
|
Discuss critically the ratio laid in
Chandra
Bihari case |
34 |
|
•
|
Nallabothu
Venkaiah's case |
34 |
|
Q.
|
Discuss the
Nallabothu Venkaiah's case |
34 |
|
|
CHAPTER
7 |
|
|
|
ATTEMPT TO COMMIT A CRIME |
|
|
*
|
Attempt' under the Code |
36 |
|
Q.
|
Define the word "Attempt" as denoted In
the I.P.C. |
36 |
|
*
|
Sedition |
37 |
|
¨
|
Sedition |
37 |
|
•
|
Essentials
of sedition |
37 |
|
•
|
Hatred
or contempt: Meaning of |
38 |
|
•
|
Disaffection:
Meaning of |
38 |
|
•
|
Attempt:
Meaning of |
38 |
|
•
|
Constitutionality
of section 124A |
38 |
|
Q.
|
Whether sections
124A
and 505, I.P.C. are void in view of the provision of Article 19(1)(a)
of the Constitution of India? |
38 |
|
*
|
Attempt to murder |
39 |
|
¨
|
Attempt to
murder |
39 |
|
|
Attempts by life convicts |
40 |
|
•
|
Essential
ingredients |
40 |
|
Q.
|
Discuss the essential ingredients of 'attempt to
murder' as provided under section 307, I.P.C. |
40 |
|
*
|
Attempt to commit culpable homicide [Section
308, I.P.C.] |
41 |
|
¨
|
Attempt to
commit culpable homicide |
41 |
|
*
|
Attempt to Commit Suicide [Section
309, I.P.C.] |
41 |
|
¨
|
Attempt to
commit suicide |
41 |
|
•
|
Is
hunger strike an attempt to suicide? |
42 |
|
*
|
Attempt [Section
511, I.P.C.] |
42 |
|
¨
|
Punishment
for attempting to commit offences punishable with imprisonment for life or
other imprisonment |
42 |
|
Q.
|
How do you differentiate preparation for and attempt
at commission of a crime? |
44 |
|
|
CHAPTER
8 |
|
|
|
CULPABLE HOMICIDE AND MURDER |
|
|
*
|
Meaning and scope of 'homicide' |
46 |
|
Q.
|
Critically evaluate the principle relating homicide
under I.P.C. |
46 |
|
*
|
Classification of Homicide |
46 |
|
*
|
Culpable Homicide |
47 |
|
¨
|
Culpable
homicide |
47 |
|
Q.
|
A, a Physical Training Instructor was acting
as a referee in a friendly hockey match being played between class XI and
class XII. X, an ex-student of the school, arrived on the ground and was
very anxious to play the game but was not allowed by A. X snatched
a hockey stick from a player and struck a blow on A's head with
considerable force. A fell down and died instantaneously. What
offence has been committed? Would it make any difference if A died
due to failure to give prompt medical aid or due to head injury after 10
days in the hospital? |
47 |
|
•
|
Ingredients
of culpable homicide |
47 |
|
*
|
Analysis of section
299 |
47 |
|
Q.
|
Assuming that the accused person had no intention to
cause the death of the deceased, but had only the intention to cause
bodily injury, explain when the accused may be held guilty of murder,
culpable homicide not amounting to murder, or only voluntarily causing
grievous hurt |
48 |
|
*
|
Explanations to section
299, I.P.C. |
49 |
|
Q.
|
A saw X lying motionless on the
bed-room floor of his wife B's 10th
Floor apartment. Believing X to be dead and fearing his wife's involvement
in the murder, A pushed X out of the window of the room to
give an impression of suicide. X died due to multiple fractures and
shock on account of the fall from the 10th
Floor. Has A committed culpable homicide in terms of section 299, I.P.C. |
49 |
|
*
|
Murder (Section
300) |
50 |
|
Q.
|
A, who was speeding past a police checkpost
in his car after committing a robbery, was required to stop by B, a
police officer. While B was interrogating A, A suddenly gave
a spanner blow on B's head mainly with a view to making good his
escape. The spanner blow, given with considerable force, led to skull
fracture and severe damage to the brain. B was taken to the
hospital where two operations were performed to remove blood clots. B died
In the hospital a week after the incident. The doctor certified that the
injury was sufficient in ordinary course of nature to cause death. For
what offence can A be prosecuted? Give reasons. |
50 |
|
Q.
|
X is cultivating agricultural land belonging
to Z. A suit is pending before the Court for recovery of the said
land. X alongwith his close ally Y intending to kill Z to
keep the disputed land in his possession, plans and set fire to his
thatched house by locking it from outside just before midnight and by
preventing others from coming to his rescue in response to his
"SOS" call amidst the rising fire. Z is roasted alive. What
offence X and Y are guilty of. |
51 |
|
¨
|
Murder |
51 |
|
*
|
Clause
1 |
53 |
|
•
|
Clause
2 |
53 |
|
•
|
Clause
3 |
54 |
|
Q.
|
"To hold an accused guilty of murder under
clause (3)
of section 300, I.P.C., the prosecution must prove that there was an intention to Inflict
that particular injury, that is to say that the injury was not accidental
or unintentional or that some other kind of injury was intended, and that
particular Injury was sufficient in the ordinary course of nature to cause
death." Examine |
54 |
|
•
|
Clause
4 |
54 |
|
*
|
Distinction Between Sections
299
and 300, I.P.C. |
54 |
|
Q.
|
"There is a thin line difference between the
offence of murder and culpable homicide not amounting to murder because
the difference is merely a question of degree of probability of death
ensuing." In the light of the above statement explain the distinction
between clause (2)
of section 299
and clause (3)
of section 300
with the help of illustration and decided cases. |
54 |
|
Q.
|
"There is a thin line difference between the
offences of murder and culpable homicide not amounting to murder because
the difference is merely a question of degree of probability of death
ensuing." In the light of the above statement explain the distinction
between clause (2)
of section 299
and clause (3)
of section 300
with the help of illustrations and decided cases. |
55 |
|
Q.
|
Dwell on the difference between (a) culpable
homicide amounting to murder and (b) culpable homicide not amounting to
murder. |
55 |
|
*
|
Punishment for murder |
56 |
|
¨
|
Punishment
for murder |
56 |
|
*
|
Exception to the offence of Murder |
57 |
|
Q.
|
What are the exceptions to the offence of Murder? |
57 |
|
*
|
Provocation
(Exception 1) |
57 |
|
•
|
Essential
Ingredients |
58 |
|
Q.
|
What are the essential ingredients of exception
1
to section 300 I.P.C.? |
58 |
|
•
|
Explanation to Exception 1 |
58 |
|
¨
|
K.M. Nanavati's case |
58 |
|
Q.
|
Discuss the law laid down by the Supreme Court in
K.M.
Nanavati case |
59 |
|
Q.
|
On
A's reaching home after a long absence his
wife confessed that she had developed intimacy with his friend and was
carrying his child in her womb. A was shocked but did not display
any external signs of his shock. However, he did neither eat or drink
anything nor talked to any one thereafter. Three hours after the incident,
A drove his wife to her mother's house and left her there. From
there he went to his friend's house and on his opening the door
shot him without any argument. Can A successfully plead grave and
sudden provocation mitigation. Argue with the help of decided cases |
59 |
|
*
|
Right to Private Defence
(Exception 2) |
59 |
|
•
|
Jassa
Singh case |
60 |
|
Q.
|
Discuss the ratio laid down by the apex Court in
Jassa Singh case. |
60 |
|
*
|
Culpable homicide when public servant exceeds his
powers (Exception 3) |
61 |
|
Q.
|
Write shot note on culpable homicide when public
servant exceeds his powers |
61 |
|
*
|
Sudden fight
(Exception 4) |
62 |
|
•
|
Sukhbir Singh case |
62 |
|
Q.
|
Discuss critically the law laid down in
Sukhbir
Singh case |
62 |
|
•
|
Suresh
Chandra case |
63 |
|
•
|
Dhirabhai
case |
64 |
|
Q.
|
Discuss the law laid down by the Supreme Court in
Dhirabhai case. |
64 |
|
Q.
|
What do you mean by expression 'undue advantage' as
used in the provision? |
65 |
|
*
|
Death by Consent
(Exception 5) |
65 |
|
•
|
Dasrath
Paswan case |
66 |
|
*
|
Culpable homicide by causing death of person other
than person whose death was intended (section 301) |
66 |
|
¨
|
Culpable
homicide by causing death of person other than person whose death was
intended |
66 |
|
•
|
Principle
of Transfer of Malice |
66 |
|
*
|
Punishment for Murder (Section
302) |
67 |
|
¨
|
Punishment
for murder |
67 |
|
Q.
|
Discuss the provision in
I.P.C., provides for the
punishment for murder |
67 |
|
*
|
Punishment for culpable homicide not amounting to
murder (section 304) |
68 |
|
¨
|
Punishment
for culpable homicide not amounting to murder |
68 |
|
Q.
|
Discuss the provision in
I.P.C., provides for the
punishment for culpable homicide not amounting to murder |
68 |
|
|
CHAPTER 9
|
|
|
|
HOMICIDE BY RASH OR NEGLIGENT ACT |
|
|
¨ |
Causing death by negligence |
70 |
|
Q. |
Explain the terms negligence and rashness under IPC |
70 |
|
* |
Essential Ingredients |
70 |
|
Q. |
Explain the doctrine of contributory negligence |
71 |
|
• |
Distinction
between Rash and Negligent Act |
71 |
|
Q. |
What is the distinction between rash and negligent
act? |
71 |
|
• |
Rash
and Negligent driving |
71 |
|
Q. |
What do you mean by rash and negligent driving? |
71 |
|
Q. |
X started from Delhi on his car to go to
Gurgaon, at
about 11.00 p.m.
He was driving at a reasonable speed and quite carefully. But
unfortunately on the way he knocked down two coolies who were lying and
sleeping on the road itself. X is prosecuted for causing death of the two
coolies by rash and negligent driving under section 304A, I.P.C. Can X be convicted? Discuss |
72 |
|
• |
Mohd.
Aynuddin case |
72 |
|
• |
Cherubin
Gregory case |
73 |
|
Q. |
X, a notorious smuggler, built a strong house for
himself away from the city. The house was fortified by high compound wall
around the house and live electric wire ran on the upper edges of the
compound wall which used to be activated during the night. Well-lit
warning boards with danger signs of high voltage were placed all around.
Y, a thief, in order to commit theft attempted to scale the wall in the
night, came in contract with the wire and was electrocuted. X is charged
under section 304A for causing the death of Y. How will you decide? |
73 |
|
• |
Jagdish
Chani case |
74 |
|
|
CHAPTER 10 |
|
|
|
HURT AND GRIEVOUS HURT |
|
|
* |
Hurt |
75 |
|
¨ |
Hurt |
75 |
|
• |
Ingredients
to 'Hurt' |
75 |
|
Q. |
What do you mean by term 'Hurt'? Discuss its
ingredients |
75 |
|
* |
Grievous Hurt |
76 |
|
Q. |
What is grievous hurt and discuss its different
kinds? |
76 |
|
¨ |
Grievous hurt |
76 |
|
¨ |
Voluntarily causing hurt |
76 |
|
¨ |
Voluntarily causing grievous hurt |
77 |
|
• |
Punishment
for causing hurt or Grievous hurt |
77 |
|
¨ |
Punishment for voluntarily causing hurt |
77 |
|
Q. |
Discuss briefly the punishment for hurt and grievous
hurt? |
77 |
|
¨ |
Voluntarily causing hurt by dangerous
weapons or means |
77 |
|
• |
Punishment
for Grievous Hurt |
78 |
|
¨ |
Punishment for voluntarily causing
grievous hurt |
78 |
|
• |
Grievous
hurt by dangerous weapons or means |
79 |
|
¨ |
Voluntarily causing grievous hurt by
dangerous weapons or means |
79 |
|
• |
Voluntarily
causing hurt to extort property |
79 |
|
¨ |
Voluntarily causing hurt to extort
property, or to constrain to an illegal act |
79 |
|
• |
Hurt
by poison etc. |
80 |
|
¨ |
Causing hurt by means of poison, etc.,
with intent to commit an offence |
80 |
|
• |
Punishment
for causing grievous hurt to extort property |
80 |
|
¨ |
Voluntarily causing grievous hurt to
extort property, or to constrain to an illegal act |
80 |
|
• |
Punishment
for causing hurt to extort confession |
80 |
|
¨ |
Voluntarily causing hurt to extort
confession, or to compel restoration of property |
80 |
|
• |
Punishment
for causing grievous hurt to extort confession |
80 |
|
¨ |
Voluntarily causing grievous hurt to
extort confession, or to compel restoration of property |
80 |
|
• |
Punishment
for causing hurt to deter public servant from his duty |
80 |
|
¨ |
Voluntarily causing hurt to deter public
servant from his duty |
80 |
|
• |
Punishment
for causing grievous hurt to deter public servant from his duty |
81 |
|
¨ |
Voluntarily causing grievous hurt to
deter public servant from his duty |
81 |
|
• |
Punishment
for voluntarily causing hurt or provocation |
81 |
|
¨ |
Voluntarily causing hurt on provocation |
81 |
|
• |
Punishment
for causing grievous hurt on provocation |
81 |
|
¨ |
Voluntarily causing grievous hurt on
provocation |
81 |
|
• |
Punishment
for endangering life of others |
81 |
|
¨ |
Act endangering life or personal safety
of others |
81 |
|
• |
Punishment
for causing hurt by act endangering life of others |
81 |
|
¨ |
Causing hurt by act endangering life or
personal safety of others |
81 |
|
• |
Punishment
for causing grievous hurt by act endangering life of others |
82 |
|
¨ |
Causing grievous hurt by act endangering
life or personal safety of others |
82 |
|
* |
Case Law |
82 |
|
• |
Naib
Singh case |
82 |
|
Q. |
Critically discuss the law laid down in
Naib
Singh case |
82 |
|
|
CHAPTER 11 |
|
|
|
KIDNAPPING AND ABDUCTION |
|
|
* |
Kidnapping |
83 |
|
Q. |
Explain the term 'Kidnapping' briefly |
83 |
|
* |
Kidnapping from India |
83 |
|
¨ |
Kidnapping from India |
83 |
|
Q. |
What do you mean by expression 'kidnapping from
India'? |
83 |
|
• |
Essential
ingredients |
83 |
|
* |
Conveying without consent: meaning of |
84 |
|
* |
Kidnapping from lawful guardianship |
84 |
|
¨ |
Kidnapping from lawful guardianship |
84 |
|
Q. |
What do you mean by the expression 'kidnapping from
lawful guardian'? |
84 |
|
• |
Object
and scope |
84 |
|
• |
Essential
ingredients |
84 |
|
Q. |
What constitutes Kidnapping from lawful
guardianship? |
84 |
|
• |
Taking'
or 'enticing': meaning of |
85 |
|
Q. |
Discuss the meaning of 'Taking and Enticing' |
85 |
|
* |
Out of the keeping of Lawful Guardian |
86 |
|
• |
Meaning
of word 'keeping' |
86 |
|
• |
'Lawful
Guardian': Meaning of |
86 |
|
Q. |
What do you mean by expression lawful guardianship? |
86 |
|
* |
Abduction |
87 |
|
• |
Meaning
of 'Abduction' |
87 |
|
¨ |
Abduction |
87 |
|
Q. |
What is Abduction? |
87 |
|
• |
Word
'Deceitful': Meaning of |
SB |
|
• |
Abduction
is 'continuing offence' |
88 |
|
* |
Distinction between 'kidnapping' and 'abduction' |
SB |
|
Q. |
Explain the difference between kidnapping and
abduction |
88 |
|
* |
Punishment for kidnapping |
89 |
|
¨ |
Punishment for kidnapping |
89 |
|
* |
Case Laws |
89 |
|
• |
Prakash
case |
89 |
|
• |
S.
Vardarajan case |
89 |
|
Q. |
S,
a 25-year old
young man was the music teacher of a sprightly urban and urbane
(courteous) school-going girl T and used to take her to musical
performances, with parent's sufferance (implied consent) so that she could
learn better. When she was just two weeks away from being 18,
her music teacher as usual took her to a 'Musical Nite' where she revealed
that her parents wants to marry her with a man whom she does not like and
would like to marry him (the music teacher) instead. (This was a welcome
news for S who had strong love for her but had felt shy to express it). T
persuaded 5 to take the plunge (get married)
the next day in a temple. Next day, she went to S's house instead of going
to school from where they went to temple. However, they were caught by the
parents of the girl (who were informed by someone) before any ceremony of
marriage could take place. Can S be held guilty for any offence? |
90 |
|
• |
Raja
Ram case |
91 |
|
|
CHAPTER 12 |
|
|
|
OFFENCES AGAINST PROPERTY |
|
|
* |
Theft |
93 |
|
¨ |
Theft |
93 |
|
• |
Essential
ingredients |
93 |
|
Q. |
What are the essential ingredients to constitute the
offence of theft |
94 |
|
• |
Dishonest
intention |
94 |
|
Q. |
The offence of theft is complete at the time of the
dishonest movement of the property. |
94 |
|
Q. |
Illustrate the above statement with the help of
illustrations and decided cases |
94 |
|
• |
Movable
property |
94 |
|
• |
Taking
out of possession of another person |
94 |
|
Q. |
Explain the expression "taking out of
possession of another person" |
95 |
|
• |
Taking
without consent |
95 |
|
• |
Moving
property in order to such taking |
95 |
|
* |
Distinction between 'theft' and 'mischief |
95 |
|
Q. |
Discuss the distinction between theft and mischief |
95 |
|
* |
Punishment for 'theft' |
96 |
|
¨ |
Punishment for theft |
96 |
|
• |
Sekar
case |
96 |
|
• |
Pyarelal
Bhargava case |
96 |
|
Q. |
What are the law laid down in
Pyarelal Bhargava case? |
97 |
|
* |
Extortion |
97 |
|
¨ |
Extortion |
97 |
|
• |
Essential
ingredients |
98 |
|
Q. |
What are the essential ingredients to constitute an
offence under section 383, I.P.C.? |
98 |
|
• |
Putting
a person in fear of injury |
98 |
|
• |
Element
of dishonesty |
98 |
|
• |
Deliver
by the person put in fear |
98 |
|
Q. |
Explain the expression "Deliver by the person
put in fear" |
98 |
|
• |
Theft
and extortion: Distinguished |
98 |
|
Q. |
Explain the distinction between theft and extortion |
98 |
|
• |
Punishment
for extortion |
99 |
|
¨ |
Punishment for extortion |
99 |
|
* |
Robbery & Dacoity |
99 |
|
(A) |
Robbery |
99 |
|
¨ |
Robbery |
99 |
|
|
When theft is robbery |
99 |
|
|
When extortion is robbery |
99 |
|
Q. |
What do you mean by the term 'Robbery'? |
99 |
|
• |
Carrying
away |
100 |
|
• |
When
'extortion' is 'robbery' |
100 |
|
Q. |
What are the conditions when extortion becomes
robbery? |
100 |
|
* |
Punishment for robbery |
101 |
|
¨ |
Punishment for robbery |
101 |
|
¨ |
Attempt to commit robbery |
101 |
|
¨ |
Voluntarily causing hurt in committing
robbery |
101 |
|
• |
Basavegowda
case |
102 |
|
• |
Devassia
Joseph case |
102 |
|
(B) |
Dacoity |
103 |
|
¨ |
Dacoity |
103 |
|
• |
Essential
ingredients |
103 |
|
Q. |
What are the conditions when robbery becomes
Dacoity? |
103 |
|
* |
Punishment for dacoity |
104 |
|
¨ |
Punishment for dacoity |
104 |
|
* |
Criminal Misappropriation of Property |
104 |
|
¨ |
Dishonest misappropriation of property |
104 |
|
• |
Essential
ingredients |
104 |
|
Q. |
A,
with B's consent, lodged his
hundred sheep in B's field overnight and the next morning drove his flock
to the market for sale. At the time of the sale when the sheep were
counted the presence of an extra sheep belonging to B was brought
to A's notice. A sold it with the rest. A is being
tried for the theft of B's sheep. Decide |
105 |
|
* |
Dishonest misappropriation or Conversion of property |
105 |
|
• |
Joint/Partnership
Property |
105 |
|
* |
Dishonest misappropriation of property possessed by
deceased person |
106 |
|
¨ |
Dishonest misappropriation of property
possessed by deceased person at the time of his death |
106 |
|
• |
Essential
ingredients |
106 |
|
• |
Distinction
between 'theft' and 'criminal misappropriation' |
106 |
|
Q. |
Discuss briefly the distinction between 'theft' and
'criminal misappropriation' |
106 |
|
• |
Ramaswami
Nadar case |
107 |
|
Q. |
Discuss critically the law laid down in
Ramaswami
Nadar case |
107 |
|
* |
Criminal breach of trust |
108 |
|
Q. |
Define the expression the "criminal breach of
trust" |
108 |
|
¨ |
Punishment for criminal breach of trust |
108 |
|
• |
Essential
ingredients |
108 |
|
• |
Entrustment |
108 |
|
Q. |
Explain the term "entrustment" |
108 |
|
• |
Dominion
over property |
109 |
|
* |
Breach of trust by carrier |
109 |
|
¨ |
Criminal breach of trust by carrier,
etc. |
109 |
|
* |
Criminal breach of trust by clerk or servant |
109 |
|
¨ |
Criminal breach of trust by clerk or
servant |
110 |
|
* |
Criminal breach of trust by public servant |
110 |
|
¨ |
Criminal breach of trust by public
servant, or by banker, merchant or agent |
110 |
|
Q. |
What are the difference between "theft"
and "criminal breach of trust"? |
110 |
|
* |
Case laws |
110 |
|
• |
Kailash
Kumar case |
111 |
|
• |
Jaikrishandas
Desai case |
112 |
|
* |
Cheating |
112 |
|
Q. |
Briefly define the term "cheating" |
113 |
|
• |
Essential
ingredients of cheating |
113 |
|
Q. |
Discuss the essential ingredient of cheating |
113 |
|
• |
Dishonest
intention |
113 |
|
• |
Deception |
113 |
|
• |
Fraudulent
and dishonest |
114 |
|
¨ |
"Fraudulently" |
114 |
|
• |
Inducement |
114 |
|
• |
Any
Property |
114 |
|
* |
Punishment for cheating |
114 |
|
¨ |
Punishment for cheating |
114 |
|
* |
Cheating by Personation |
114 |
|
¨ |
Cheating by personation |
114 |
|
Q. |
What do you mean by 'cheating by
personation'? |
115 |
|
• |
Cheating
one whom the accused was bound to protect |
115 |
|
¨ |
Cheating with knowledge that wrongful
loss may ensue to person whose interest offender is bound to protect |
115 |
|
* |
Punishment for cheating by personation |
115 |
|
¨ |
Punishment for cheating by personation |
115 |
|
* |
Cheating involving delivery of property |
115 |
|
¨ |
Cheating and dishonestly inducing
delivery of property |
115 |
|
Q. |
X
asked Y, a cement dealer, to deliver
200 bags of cement at the construction site
of his house and promised to pay the price of cement at the time of
delivery at the construction site. V sent V, his servant, with 200
bags of cement to deliver to X. X took the delivery telling V that
he would reach the shop immediately and pay to the dealer personally.
However, X failed to make payment for several days and a report was
lodged with the Police by Y. What offence, if any, has X committed?
Decide. |
115 |
|
Q. |
Would your decision differ if it is proved that
X made all possible efforts to arrange for the payment after taking
delivery of cement but failed? |
116 |
|
• |
Essential
ingredients |
116 |
|
• |
Theft,
Criminal misappropriation and cheating distinguished |
116 |
|
Q. |
Explain the distinction among terms theft, criminal
misappropriation and cheating |
116 |
|
* |
Case Laws |
117 |
|
• |
Hridaya
Ranjan case |
117 |
|
• |
Mahadeo
Prasad case |
117 |
|
• |
Sri
Bhagwan Maharaj case |
118 |
|
|
CHAPTER 13 |
|
|
|
FALSE
DOCUMENT OR ELECTRONIC RECORD |
|
|
¨ |
Making a false document |
119 |
|
|
CHAPTER
14 |
|
|
|
CRIMES
AGAINST WOMEN
|
|
|
* |
Dowry
and dowry related offences |
122 |
|
• |
Meaning
of word 'dowry' |
122 |
|
Q. |
What
do you mean by term 'dowry'? |
122 |
|
* |
Dowry
Death |
123 |
|
¨ |
Dowry
death |
123 |
|
Q. |
What
is Dowry death as provided under section 304B I.P.C.? |
123 |
|
• |
Essential
ingredients |
123 |
|
• |
Evidence
in Dowry Death Cases |
124 |
|
• |
Meaning
of expression 'soon before her death' |
124 |
|
Q. |
What
do you mean by expression 'soon before her death'? |
124 |
|
• |
Presumption
of Dowry Death |
124 |
|
• |
Kans
Raj case |
125 |
|
Q. |
Critically
examined the law laid down by the Supreme Court in Kans Raj Case |
125 |
|
* |
Cruelty
by Husband and/or his Relatives |
126 |
|
• |
Object
of Adding Section 498A |
126 |
|
¨ |
Husband
or relative of husband of a woman subjecting her to cruelty |
126 |
|
Q. |
What
do you mean by 'Cruelty' as defined under section 498A, I.P.C.? |
126 |
|
• |
Meaning
of word 'Cruelty' |
127 |
|
• |
Essential
Ingredients |
127 |
|
* |
Evidence as to Prove 'Cruelty' |
127 |
|
• |
Wilful
conduct: meaning of |
128 |
|
¨ |
Harassment: meaning of |
128 |
|
• |
Distinction
between sections 498A and 304B, I.P.C. |
128 |
|
Q. |
Discuss the distinction between section 498A
and 304B, I.P.C. |
129 |
|
• |
Interrelation
between sections 306 and 498A, I.P.C. |
129 |
|
• |
What
does not amount to cruelty? |
129 |
|
* |
Case Laws |
130 |
|
• |
Pawan
Kumar case |
130 |
|
• |
Shanti
case |
130 |
|
• |
Satvir
Singh case |
131 |
|
Q. |
Critically examine the law laid down by
Satvir
Singh case |
132 |
|
* |
Rape |
132 |
|
• |
Rape:
Meaning of |
132 |
|
Q. |
What do you mean by term "Rape"? |
133 |
|
¨ |
Rape |
133 |
|
• |
Essential
Ingredients |
134 |
|
Q. |
What are the essential ingredients to constitute an
offence under section 375, I.P.C.? |
134 |
|
• |
'Against
her will': Meaning of |
134 |
|
• |
Without
her consent: Meaning of |
134 |
|
Q. |
Explain briefly the term 'consent' |
134 |
|
¨ |
Consent known to be given under fear or
misconception |
135 |
|
|
Consent of insane person |
135 |
|
|
Consent of child |
135 |
|
• |
Consent
obtained under 'fear' |
135 |
|
• |
Consent
obtained by 'misrepresentation' |
135 |
|
• |
Consent
obtained by 'fraud' |
135 |
|
• |
Consent:
When obtained by deceitful means |
136 |
|
• |
Sexual
intercourse with a woman under 16 years of age |
136 |
|
• |
Conviction
without framing of charge |
136 |
|
* |
Medical Opinion |
136 |
|
* |
Delay in Lodging FIR |
137 |
|
* |
Character of Rape Victim |
137 |
|
* |
Burden of Proof in Rape Cases |
137 |
|
* |
Corroboration of Testimony |
138 |
|
* |
Attempt to Commit Rape |
138 |
|
* |
Punishment for Rape |
138 |
|
¨ |
Punishment
for rape |
138 |
|
Q. |
What are the punishments provided for rape taking
into account gravity and special nature of the case in the I.P.C.? |
138 |
|
• |
Custodial
rape |
140 |
|
¨ |
Presumption as to absence of consent in
certain prosecutions for rape |
140 |
|
• |
Gang
rape |
140 |
|
• |
Sexual
Intercourse not Amounting to Rape |
141 |
|
¨ |
Intercourse by a man with his wife
during separation |
141 |
|
¨ |
Intercourse by public servant with woman
in his custody |
141 |
|
¨ |
Intercourse by superintendent of jail,
remand home, etc. |
141 |
|
¨ |
Intercourse by any member of the
management or staff of a hospital with any woman in that hospital |
142 |
|
* |
Case Laws |
142 |
|
• |
Bodhisattwa
Gautam case |
142 |
|
Q. |
What are broad parameters indicated by the Supreme
Court in assigning the victim of rape? |
143 |
|
• |
Gurmit
Singh Case |
144 |
|
• |
Bhupinder
Sharma Case |
145 |
|
• |
Mathura
Case |
146 |
|
Q. |
Critically analyse the
Mathura case |
146 |
|
|
CHAPTER 15 |
|
|
|
PROBLEMS AND SOLUTIONS ON THE INDIAN PENAL CODE |
|
|
|
|
148 |
|
• |
Table
of Cases |
157 |
|
* |
Section Index |
163 |
